Davide warns of military adventurism, vows not to resign

Embattled Chief Justice Hilario Davide Jr. has warned of a "graver danger" of military adventurism created by the House of Representatives which initiated the impeachment complaint against him.

"A graver danger (is) that we are in fact creating an atmosphere which would invite the military and you know what would be the consequence," Davide told GMA-7’s "Debate" Thursday night.

Davide stood his ground in fighting against "enemies of democracy" and vowed not to resign. He pointed out that congressmen have the choice of withdrawing the complaint in order to resolve the crisis.

"The withdrawal of the complaint is the sole prerogative of those who signed (it) upon realization that a mistake had been committed. The court did not create the crisis. It is the... House which created it and it should find way to solve the crisis itself," he told guest journalists during the television program.

"There is already a crisis when this impeachment charge which is unconstitutional has been started. Look at what is happening now to our country... The economy is affected. I am sure that foreign investors would not come to the Philippines anymore," Davide said.

Davide insisted the impeachment complaint against him was politically motivated since it had no legal or substantial basis.

"... This is an attempt with political motivations and for the preservation of certain economic interests," he said.

Davide claimed there are many "vested interests" that could be affected by decisions of the Supreme Court.

"And probably these people would not want me to be there because they cannot twist my arm," the chief magistrate said without mentioning any personality.

Davide stressed he did not commit any impeachable offense.

He said it is the duty of the judiciary to protect and strengthen democracy and the rule of law, reiterating that "a weak democracy is no democracy at all."

Davide believes the Supreme Court will resolve the impeachment issue against him once oral arguments on the petition for certiorari filed before the high court is deliberated on Nov. 5.

Several petitions were filed by private groups and some lawmakers urging the high court to rule on the constitutionality of the impeachment complaint filed against the Chief Justice.

The petitioners separately argued Davide cannot be the subject of a second impeachment complaint within a year as prohibited under Article XI, Section 2, subparagraph 5 of the 1987 Constitution.

The Supreme Court issued last Tuesday a status quo resolution which in effect, prevented the House of Representatives from transmitting the articles of impeachment to the Senate.

"The status quo was issued to avert any crisis. The Supreme Court without my participation exercised judicious and wise determination of the issue. And so I believe, that after the parties shall have been heard on Nov. 5, it can resolve the matter before it," Davide said.

The Fund

Insofar as the accusations of his misusing the Judicial Development Fund (JDF) are concerned, Davide said this has been answered by the Commission on Audit (COA).

"The issue is already resolved by the Commission on Audit. The COA found that there was nothing irregular in the disposition of disbursements of the JDF," Davide stressed.

He noted the COA report submitted to the House committee on justice investigating the alleged misappropriation of judiciary funds was used against him in the filing of the impeachment.

He pointed out COA is constitutionally mandated to audit all government transactions and "disallows any extravagant, irregular, anomalous transactions," including those in the judiciary.

"Therefore we should first yield to this constitutional body (COA) instead of threatening a justice or justices with impeachment on a matter which initially is within the control of the judiciary and the exercise of its fiscal autonomy," Davide said.

He explained the JDF has been audited by COA in accordance with the terms and conditions under Presidential Decree 1949 which created the fund.

"And so Congress can just get back the report of the COA. As a matter of fact, the (House) committee on justice did subpoena the COA for the production of the documents in support of the JDF and its audit. Right now, the matter of the investigation is still pending in the committee on justice. It should finish that investigation," Davide said.

He pointed out that while the House committee has yet to complete its investigation on the alleged misappropriation of judiciary funds, "some motives from some people" have tried to preempt the work of the committee.

When asked why he failed to appear before the House committee to explain his side, Davide said he precisely snubbed the invitation because of the disrespect shown him as head of the judiciary, the third branch of government.

"I did not participate in committee hearings. We sent our representatives. A letter was sent to me by a mere secretary of the committee on justice. The next letter came from Camarines Sur Rep. (William Felix) Fuentebella and not from the chairman of the (justice) committee," he said.

"These are all indications that there is an insidious attempt to impair the independence of the judiciary and to make it as an instrument which could always be under the fang of the legislature," Davide said.

He stressed summoning a high official of the government to a congressional inquiry should be done properly through proper channels.

‘Credible Sources’

It was the first time Davide exhaustively explained his side of the story before a nationwide television audience where three guest journalists – Arnold Clavio of GMA-dzBB, Marites Danguilan-Vitug of Newsbreak and Malou Mangahas of Philippine Center for Investigative Journalism (PCIJ) — interviewed the chief magistrate via remote telecast from Cebu.

Davide vehemently denied the accusations made against him by the congressmen and questioned the process through which they endorsed the impeachment complaint.

"I know from very credible sources that the complaint signed was not circulated to those who endorsed the complaint. There were three sets of resolutions for endorsement which were brought to certain parties and to secure the endorsement of these people who did not even see the complaint," Davide explained.

He added: "I also know from a very credible source that only a very few actually took their oaths before the secretary-general. So technically speaking, very much less than the so-called one-third of the entire membership had actual knowledge of the contents of the complaint."

Davide also defended the appointment of his 37-year-old son, Joseph Brian Hillary Davide, as vice chairman of the tribunal’s bid and award committee. He said he is entitled to appoint "somebody of confidence."

Davide reiterated that all his actions are subject to approval by the Supreme Court in an en banc resolution.

In his parting message, Davide called on the congressmen

and his critics to work together "for the sake of our people and the country to save our democracy."

"I hope and pray that before the resumption of the session of Congress (on Nov. 10) something can be done by the... House," the Chief Justice said.

Former President Fidel Ramos said both the Judiciary and Congress should resolve the issue sooner so that the country’s leaders can focus on the "foremost policy" of economic recovery and sustained growth.

In a news conference before his departure for mainland China yesterday morning, Ramos said President Arroyo has been doing her part to resolve the Davide impeachment issue.

Ramos also suggested that a "third force in a national society" should initiate a top level meeting with Congress leaders and Davide.

But some lawmakers like Northern Samar Rep. Harlin Abayon remained adamant and accused Davide of appealing to mob rule.

"The proper forum for Davide to explain his alleged questionable disposition of the JDF is before Congress, initially before the House of Representatives which is tasked by the Constitution to oversee the raising and disposition of public funds," Abayon said.

The Partido ng Masang Pilipino (PMP) of ousted President Joseph Estrada also called for the resignation of Davide, saying his continued defiance is pushing the country into the "verge of a national stalemate."

"We certainly don’t want that to happen but Chief Justice Davide remains to be the biggest stumbling block to the country’s return to normalcy. He should make the ultimate sacrifice for the sake of the country," PMP spokesman Crispin Remulla said.