Lawyers mobilized to stop transmittal of case to Senate

The Integrated Bar of the Philippines (IBP) and the Philippine Association of Law Schools (PALS) declared their support yesterday for Chief Justice Hilario Davide Jr. and demanded that the House of Representatives junk the second impeachment complaint against him.

They also branded the second impeachment complaint as unconstitutional as IBP president Jose Anselmo Cadiz urged President Arroyo to say where she stands on the controversy.

"The President should make known her stand on the issue. It is not a time to be neutral," he said. "I think she must make an unequivocal stand on this pressing issue."

Cadiz also asked the people to join lawyers and members of the judiciary in their protests against the transmittal of the impeachment complaint from the House to the Senate.

"This move of the House of Representatives comes at a time when the Filipino people are suffering from economic stagnation, inflation and other woes," Cadiz said. "They (congressmen) should not dare transmit it to the Senate. The moment they do that, that is the start of the constitutional crisis because, definitely, we are going to oppose that."

Cadiz said they will wear black armbands tomorrow to signify their indignation over the House’s illegal action.

Article XI, Section 5 of the 1987 Constitution states that "no impeachment proceedings shall be initiated against the same official more than once within a period of one year."

The transmittal of a second impeachment complaint against Davide from the House to the Senate will violate this constitutional provision, the lawyer claimed.

"The Constitution is written in plain, simple, direct language," Cadiz said. "It was done so to make even a Grade 5 student understand it."

"If there would be a constitutional crisis, it would not be Davide’s fault, but (that) of Congress. The congressmen should withdraw their signatures (from) the complaint," he said.

Cadiz vowed to organize coordinated action from various lawyers’ groups, including the Philippine Bar Association (PBA), Bantay Katarungan, PALS and other law schools and students’ associations to stop the impeachment complaint against Davide.

"We should be angry about this and take a stand," Cadiz said. "We assure you that we will mobilize all our members to prove our point."

Besides the constitutional ban, he also said the Supreme Court has fiscal autonomy over the Judiciary Development Fund (JDF), which the complainants claimed the Chief Justice misused.

He said the Commission on Audit (COA) has ruled that the JDF was disbursed properly. The COA, under the Constitution, has "the power, authority and duty to examine and settle all accounts pertaining to revenue and receipts of, and expenditures or uses of funds and property, owned or held in trust by, or pertaining to, the government."

"You and the Filipino people should pray that we avoid any crisis and chaos," Cadiz said. "We must point out that the SC is the country’s final arbiter, interpreter of the law."

He also said that besides the wearing of black armbands, prayer rallies and noise barrages the Philippine Judges Association (PJA) and the Philippine Confederation of Court Employees Association will organize beginning Monday, other forms of protest, such as a text brigade, will also be done.

PALS president Andres Bautista said they will rally behind Davide, as he is known to be a man of honor and integrity.

The group denounced any politically-motivated attack against Davide, which is designed to cast doubt upon his stewardship of the judiciary.

"(Davide’s) sterling record of government service in various capacities has firmly established his place in Philippine history as a model public servant worthy of emulation," the statement said.

PALS specifically cited Davide’s contributions as a drafter of two constitutions, minority floor leader of the Batasan Pambansa, chairman of the Commission on Elections and two fact-finding commissions. Davide also received the 2002 Ramon Magsaysay Award for government service.

"More importantly, it must be noted that, throughout his career in public life, there has never been put forward any fact or circumstance worthy of credit that has, in any way, tainted (Davide’s) personal or professional integrity."