The Supreme Court gave our nation stability

Do you know what everyone (at least in Cebu) thinks about that impeachment complaint filed in Congress by the friends of former President Joseph "Erap" Estrada, specifically Atty. Rene Saguisag supposedly for the violation of the Code of Judicial Conduct based on the writings by Justice Artemio Panganiban entitled "Reforming the Judiciary"? Well, people here think that the evidence against Erap is so difficult to refute, his conviction is without any iota of doubt. Hence, as the old adage goes: "offense is the best defense"… so Saquisag questions the actions of Supreme Court Chief Justice Hilario Davide Jr. for "playing partisan politics" via his legalizing the presidency of President Gloria Macapagal Arroyo (GMA).

Atty. Saguisag went further, accusing the Supreme Court as "the most dangerous branch of the government", adding that we have become a "banana republic". But before you get yourself further confused, think back in time and recall the tumultuous events of January 2001. That’s when an anguished Filipino people got sick and tired of their real life made for television drama called the Senate Impeachment Trial of Erap and where so appalled by the pro-Erap senators for voting not to open that infamous envelope which could have sealed Erap’s fate. In the end, the senators walked out of the Senate chambers and took the matter into the streets where an angry horde was already marching even to the point of physically or bodily removing President Erap from his seat in Malacanang.

Let’s think further back at what happened next… where one by one, Erap’s Cabinet secretaries started leaving him, then the police and the military left him open to the angry mob. Hence, Erap was left with no choice but to leave Malacanang… therefore, he has virtually become helpless in running the day-to-day affairs of the Philippine government. So what do you think we ought to do in such dangerous moments when the Republic could be under threat from anarchy or worse, a military takeover?

The argument that Atty. Saguisag is relying so heavily upon is that the Supreme Court Justices has "prejudged" Erap and virtually sentenced him out of Malacanang, where in the Constitution he should be considered innocent until his guilt is proven. No sir, we don’t think that the Supreme Court prejudged Erap on the crimes that he is being charged. Until and unless the Sandiganbayan finds Erap guilty and he makes an appeal to the Appellate Court and in turn brings this case all the way to the Supreme Court… only then can Atty. Saguisag question the Supreme Court Justices on the issue of their code of conduct… which to my mind isn’t questionable at all!

However, Atty. Rene Saguisag has thoroughly forgotten that the Senate Impeachment proceedings is another animal, albeit a political one. Here again on this point, we don’t think that the Supreme Court has prejudge Erap, who so blatantly used his allies in the Senate to cover his misdeeds, even to the point of not allowing the opening of that confounded envelope. The rest is history as we have enumerated earlier and the last act to complete the peaceful transition of power to a new President was the act done by Chief Justice Davide by swearing in President Arroyo. No sir, we are no "Banana Republic", however, democracy dictates that I must respect anyone who thinks that we are under such a republic.

Sure, you may call the whole incident as "extra-judicial" in nature or call it a short cut… but nonetheless, it took place in front of nationwide television, starting with the walkout in the Senate Impeachment trials, then an angry mob threatened to bodily remove Erap from Malacanang, until the time there was a virtual roll call of government personalities who came out frustrated and disgusted by the turn of events and decided to drop Erap as President. This was the Filipino people’s decision and the Supreme Court only validated their act.

Now where in heavens has this Supreme Court become so dangerous as perceived by Rene Saguisag? Perhaps, in the past, the Supreme Court may have made wrong or even stupid decisions (like the one they did on the case of the Cebu Country Club) but none of these Supreme Court decisions can be considered dangerous to the nation. So what’s Atty. Saguisag talking about?

Atty. Saquisag ought to be reminded that he has to show some iota of respect for the Supreme Court, after all, they are the Court of last resort. If any Tom, Dick and Rene can just go to the media and lambast the Supreme Court like they were some kind of crooked judges, then the ordinary man on the street too will lose all their respect for our Supreme Court. Hence, what Atty. Saguisag is doing with his filing Impeachment proceedings against the justices of the Supreme Court jeopardizes the integrity of the Supreme Court.

I dare say that the Supreme Court ought to protect itself from the lags of misguided lawyers like Saguisag who even dares question our justices for quoting Bible passages. What does Erap’s evil minions want our justices to read or quote… Hustler or Penthouse Magazine? There is no doubt that the evil that Erap has brought destroyed the integrity of the Presidency and completely demolished the people’s trust in our Legislature, and now it further seeks to destroy our judicial institution.

Indeed, as Justice Panganiban wrote in his book, "The Court’s extraordinary action to resolve an extraordinary situation can only be explained as the work of the Holy Spirit on both of us and, in fact, on all the key players of EDSA2." Indeed, in those tumultuous times, the act of the Supreme Court defused any potential tension that could have arose from anyone questioning the ascendancy of President Arroyo.

Let me remind you further that in these extraordinary times, the Republic was tottering at the edge of a dangerous precipice where a military adventurer could seize the situation and establish a military junta or worse, expose the Republic to a communist takeover. The Supreme Court showed our nation’s stability and we should thank them for their courage not haul them to another Senate Impeachment circus ironically, like what happened to Erap.

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For e-mail responses to this article, write to vsbobita@moz com.com. Bobit Avila’s columns can also be accessed through www.thefreeman.com. He also hosts a weekly talkshow entitled, "Straight from the Sky" shown every Monday only in Metro Cebu on Channel 15 on SkyCable at 8 p.m.