Davide defends SC ruling on Erap ouster

The Supreme Court is "truly worth dying for."

With these words, Chief Justice Hilario Davide Jr. defended the Supreme Court (SC) from "attacks" by critics, saying all its decisions are lawful and made for the benefit of the people.

Davide made the comment during the necrological services for retired Supreme Court Justice Sabino de Leon, who died June 16 due to aneurysm. De Leon was appointed to the SC by ousted President Joseph Estrada in October 1999 and served until June 2002. He was 71.

"We assure you, Justice de Leon, that we, whom you left behind, will continue your watch and defend the institution — the Supreme Court — which is truly worth dying for. Be unceasing in your prayers for the Court and for us," he said in a farewell message he delivered to honor De Leon.

De Leon defended the SC "with usual great courage" in an interview during the celebration of the Supreme Court’s 102nd anniversary last June 11, according to Davide.

"He spoke to protect this institution… He did so because he knew the Court committed no unconstitutional, illegal, unlawful, unjust, wrongful, or immoral act," Davide said.

"He knew, in his heart and mind, that what the Court did was for the country and the people, to prevent violence and bloodshed, to protect democracy, and preserve the rule of law," he added.

Davide was apparently referring to the decision of the Supreme Court to install President Arroyo into power on Jan. 20, 2001, following a popular revolt that overthrew Estrada.

This decision formed the basis of an impeachment complaint filed by Estrada against Davide and seven other justices. Estrada and his lawyer, Rene Saguisag, said it was Davide and Justice Artemio Panganiban who initiated the ruling after being "inspired" by Biblical passages.

Another Estrada lawyer, Alan Paguia, also asked the Sandiganbayan to summon Davide and three other justices to testify regarding their participation in Mrs. Arroyo’s oath-taking.

De Leon, when asked what he could say about the impeachment complaint, said, "I am sorry to say that there is no basis for that and it is two years delayed."

He said the complaint was "filed out of time because the rule of law also includes respect for our procedural law and specifically that means when a decision of the Supreme Court has become final, that’s it, that’s part of the law of the land."

De Leon said there is a certain period within which to file a motion for reconsideration.

"Those decisions in the (Estrada) cases were decided by the Supreme Court two years ago. So many things have happened after that. The recognition of the various (foreign) governments given to the Arroyo (administration) within 72 hours from the oath-taking (should be considered)," he said.

De Leon admitted that he was present during Mrs. Arroyo’s oath-taking to give Davide some moral support.

"I did not consider that as a partisan thing. It’s a historical event. Anyone can go there. But I’m telling you that the rest of the justices went there to support our chief, whom we authorized to administer the oath," he said.

De Leon said it would be improper to have the justices summoned for their actions, since the ascendancy and the legitimacy of the Arroyo administration had been recognized a long time ago.

The late justice had also told reporters that he expected to have a "brilliant" discussion with Paguia during a reunion of Ateneo de Manila University alumni.

"We will probably have a brilliant one-on-one discussion. He wrote a brilliant thesis, only it’s two years late," he said, laughing.

At the launch of a book written by the late Chief Justice Roberto Concepcion, which coincided with the Supreme Court’s anniversary, Davide said the "darker side of (the) human element appears to be gaining ground" with the "sinister moves" being made by the Supreme Court’s attackers.

"The… sinister moves to destroy an institution which is the last bulwark of democracy and the guardian of the rule of law and of the Constitution are anathema to everything Chief Justice Concepcion stood for," he said.

Davide said they would address the issues raised against the SC as a whole since the complaints are obviously institutional attacks. He cited lightning demonstrations held by Estrada loyalists in front of his and other justices’ residences, demanding their resignation.

Estrada’s impeachment complaint, however, has not yet been forwarded to the Supreme Court and the Sandiganbayan has yet to issue a subpoena to summon the justices, Davide said.