Supreme Court justices reaffirm Davide’s action

The Supreme Court issued yesterday a resolution affirming the legitimacy of the succession of Mrs. Gloria Macapagal-Arroyo as the country’s 14th President.

In a single-page resolution signed by assistant clerk of court Luisa Villarama, the High Tribunal confirmed the authority 12 justices gave to Chief Justice Hilario Davide Jr. on Jan. 20 to swear in Mrs. Arroyo as President.

"The Court resolved unanimously to confirm the authority given by the 12 members of the Court then present to the Chief Justice on Jan. 20 to administer the oath to Arroyo as president at noon of Jan. 20," the re-solution stated.

Citing the universal dictum Salus populi est suprema lex (The welfare of the people is the supreme law), the High Court, voting en banc, declared the presidency vacant in the morning of Jan. 20.

The declaration paved the way for the Chief Justice to administer the presidential oath to Mrs. Arroyo at the EDSA Shrine at noon of the same day.

At the same time, the SC said "the resolution is without prejudice to the disposition of any justifiable cases which may be filed by a proper party."

Pro-Estrada lawyer Oliver Lozano and pro-Arroyo lawyer Jaime Soriano both filed petitions seeking clarification of the SC ruling.

Lozano questioned the legal basis for the ruling of the Court while Soriano, of the Movement for National Security Advancement, pushed for Estrada’s permanent removal.

"The resolution rendered this matter sub judice. There’s nothing more we can say," said SC spokesman Ismael Khan, stressing that the definitive ruling will be issued after all the pertinent questions have been filed by the parties.

"This was an extraordinary action in an extraordinary situation," Associate Justice Artemio Panganiban said of the high court’s unprecedented decision.

Panganiban said Davide called him up at daybreak Saturday authorizing him to announce on radio and television that the Chief Justice was ready to administer the oath of office to the Vice President.

Other justices who heard the announcement promptly reported to the SC to resolve the issue. They were Justices Reynato Puno, Bernardo Pardo, Jose Melo, Jose Vitug, Minerva Gonzaga-Reyes, Arturo Buena, Leonardo Quisumbing, Sabino de Leon Jr., Jose Bellosillo and Vicente Mendoza.

Shortly before the end of their meeting, Associate Justices Angelina Gutierrez, Consuelo Ynares Santiago and Santiago Kapunan, who were out of town, telephoned to give their concurrence to the decision to swear in Arroyo.

The 12 justices then proceeded to EDSA for Arroyo’s oathtaking.

The magistrates contend that there was legal basis for an immediate turnover of governance under Paragraph 2, Section 11, Article VII of the Constitution.

The paragraph reads: "Whenever a majority of all the members of the Cabinet transmit to the President of the Senate and to the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as acting President."

Estrada’s allies in the House have also vowed to question the constitutionality of Mrs. Arroyo’s succession to the presidency by filing an impeachment case against Davide.

Maguindanao Rep. Didagen Dilangalen told reporters that he and some colleagues would file the case as soon as they get a copy of the SC ruling.

Legal analysts said that the fallen leader’s reluctance to formally yield his seat to Arroyo was a deliberate move to fuel the debates on the legality of her taking over the presidency.

This belief was bolstered yesterday when Estrada distributed to media copies of a letter he sent to congressional leaders which claims that he only temporarily handed over presidential powers to Mrs. Arroyo and intends to reclaim such powers. - Delon Porcalla, Marichu Villanueva, Jess Diaz