GMA urges Congress to defuse Davide impasse

President Arroyo urged congressional and judicial leaders yesterday to help her "defuse" the standoff caused by the impeachment of Chief Justice Hilario Davide Jr.

In a last ditch-bid to head off an impeachment trial, a group of lawyers also appealed to congressmen to stop the transmittal of the articles of impeachment to the Senate and allow the House committee on justice to finish its investigation on the alleged misuse of the controversial Judiciary Development Fund (JDF).

Ricardo Abcede, spokesman for the Filipino Lawyers for Good Governance (Filgood), proposed that the justice committee reinvestigate the supposed JDF fund anomaly before sending the impeachment articles to the Senate for trial.

"The House can summon any official of the Supreme Court, they can subpoena documents to determine if the management of the JDF is in order," Abcede said.

Abcede said it is about time for emotions to subside and Congress to use all available means to inform the public why an impeachment may be in order.

"For now, the three branches of government are under public trial that produces far greater heat than light, dividing the nation and bringing it close to the brink of economic collapse," he said.

Mrs. Arroyo, on the other hand, said the presidency will maintain its role as a "middle force" in this conflict between two co-equal branches of government.

"Let us pray that we can discard the culture of divisiveness and instead unite in building a strong Republic," Mrs. Arroyo said.

The President echoed her appeal at the end of the Mass celebrated for her late parents, President Diosdado Macapagal and Evangelista Macaraeg-Macapagal, at the Libingan ng mga Bayani in Makati City.

The President recalled the dictum followed by her late father that "the presidency is not a position to be enjoyed. It is a position where, for the good of the people, one must make sacrifices, and if necessary, one must suffer."

Mrs. Arroyo said this sense of sacrifice should be adopted by leaders of Congress and the judiciary to resolve the political impasse caused by the impeachment issue.

"This calls for a valiant patriotic effort to set aside strong countervailing beliefs and hurt pride, and willfully come together for the nation," the President said.

Mrs. Arroyo insisted she will not take sides on the standoff while looking for a possible way out for both parties to end the conflict.

Even as the President repeatedly issued the appeal, lawmakers said they will not budge and steeled their resolve to make Davide accountable for the alleged misuse of funds before a Senate impeachment trial.

Leyte Rep. Aniceto Saludo said Davide’s warning that military adventurers may want to intervene in the current constitutional crisis could only be prevented if the Supreme Court will temporarily waive its fiscal autonomy and open its books to the public.

Some 86 congressmen signed an impeachment complaint accusing Davide of misusing the P4 billion JDF.

Cagayan de Oro City Rep. Constantino Jaraula said the proposal pushed by Filgood lawyers has no basis unless Davide himself orders the opening of the JDF books.

Jaraula agreed that Mrs. Arroyo should broker "constitutional reconciliation" to deffuse the deadlock between Congress and the judiciary.

"As a political leader of the country, President Arroyo has the moral ascendancy to seek a political solution to the crisis," Jaraula said.

Saludo, for his part, said Davide should comply with "the minimum requirement" that he open the JDF books to the public.

"Being the highest magistrate of the land, we certainly would like to give Chief Justice Davide the benefit of the doubt. But this matter has now become a very public issue and the minimum requirement being sought by the people is for the Supreme Court to open its financial records. If there is nothing to hide, there should be no reason to prolong this crisis," Saludo said.

On Thursday night, Davide appeared on national television and warned of a "vacuum of leadership" resulting from the constitutional crisis brought about by his impeachment.

Davide said the impeachment raps filed against him may cause another instance of "military adventurism."

He also said the 86 congressmen who signed the impeachment complaint against him twisted the facts since there was nothing irregular or anomalous in the disbursements of the JDF.

The Chief Justice said the allegations over the alleged misuse of the JDF has already been answered by the Commission on Audit (COA) in its report.

Davide said the COA report, which denies any misappropriations on his part, has already been submitted to the House committee on justice.

The same committee investigating the alleged JDF misappropriation, however, used the COA report in the filing the impeachment, Davide said.

Batanes Rep. Florencio Abad argues that Davide cannot be made liable for any wrongdoing in the disbursement of the fund.

Abad explained the COA report showed Davide even allocated more for judiciary employees’ cost of living allowance (COLA) than what was allowed under the law.

But Saludo noted that the impeachment complaint against him has deteriorated into a constitutional crisis.

The Leyte lawmaker, one of the 86 congressmen who signed the complaint, suggested that since Davide has refused to open the JDF books to Congress by invoking fiscal autonomy and the independence of the judiciary, "perhaps he can do that (open the books) in behalf of the public which is now clamoring for an explanation."