The good fight

I can’t blame some of our countrymen for launching a signature campaign to draft Chief Justice Hilario G. Davide, Jr. as a presidential candidate in the coming elections. He really has the good qualities to become a good president. His public service record speaks volumes about his experience in the different departments of the government from the legislative, executive, judicial and even the quasi-judicial branch. There is no doubt that he is highly qualified for the job.

The movement to draft him as a presidential candidate may have the right reasons but it comes at the wrong time and is done in the wrong way. Before launching the campaign, they should have first asked his go-signal. As it now appears the Chief Justice himself denies sanctioning or even knowing beforehand such a move. To be sure, it may just picture him as quite ambitious for still aspiring to head another branch of government when he is already the head of a co-equal and independent branch.

Besides, we have just overcome that harrowing experience of an impeachment crisis where our Supreme Court, particularly CJ Davide, Jr, got embroiled in a highly partisan political squeeze play that threatened the very independence of our judiciary. A number of our Congressmen attempted to use the extraordinary and exclusive power of the Lower House to initiate impeachment cases against some SC justices including the Chief Justice for non-impeachable offenses like their alleged wrong decision in declaring ex-president Estrada’s ouster valid and the supposed misuse of judicial funds. Indeed they were able to impeach the Chief Justice by hastily gathering the required signatures of their colleagues. Had their move not been declared unconstitutional, a full blown crisis would have ensued.

Urging the Chief Justice now to join the presidential derby is like pushing him from the frying pan into the fire. If the Chief Justice resigns and jumps over to the field of politics full of land mines, the Supreme Court and the judiciary may be dragged and exposed to the no holds barred political methods using the same issues raised in the impeachment cases for some political gain or advantage of his opponent without regard to what is just and right. For such is the way of politics.

If the CJ throws his hat into the ring, the independence of the judiciary will all the more be undermined. Criss-crossing by officials from the judicial branch to the political branches of government and vice versa will only obscure the already blurred line separating each department. The fragile wall protecting the judiciary from intrusion by the political branches will be further weakened if the Chief Justice himself will leave the judiciary and cross over to the political arena. This is contrary to his vision for our judiciary as expressed in his letter to me last November 28, 2003 where he avowed his readiness to wage a war for judicial independence and the rule of law, alone if necessary. Said the Chief Justice:

"Please accept my heartfelt gratitude for your support for me and the Supreme Court as shown in your column A Law Each Day published in the October 27 and 31 and November 5 issues of the Philippine Star under the headings "Arrogance of Power", "Shock and Awe", and "Constitutional Supremacy", respectively. By presenting the legal issues in the impeachment controversy clearly and in accessible fashion, you have disproved the charge made against the legal profession that it uses language that cannot be understood.

As you correctly pointed out in your October 31 column, what was at stake in the impeachment controversy was the "rule of law basically embodied in our Constitution". Willingly, I would have waged the war for judicial independence and the rule of law alone. Nonetheless, I was gratified that so many, like you, have spontaneously and without thought of a reward rallied around our cause. The support showed that the Judiciary, the so-called weakest branch of the government, is in reality resilient and robust. It finds its nourishment in the trust and confidence reposed on it by the people it is called upon to serve. Rest assured that under my watch, the Judiciary will always remain the protector of our democratic way of life and the guardian of the rule of law".

The country needs Chief Justice Davide more in the Supreme Court. Let’s just allow him to finish his term and his fight for judicial independence and the Rule of Law.

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