Sunday, November 05, 2006

The Davide Precedent -- o kung bakit pwedeng hindi matuloy ang impeachment kahit na may 80 signatures ang complaint vs. Arroyo

Even if the required number of House signatures is obtained, it's still no guarantee na maisa-submit ang impeachment complaint sa senado for trial.

From the Tribune Editorial:

There is of course, always that possibility of Gloria Arroyo being impeached by the House of Representatives, if the required number is met. The possibility has become stronger, given that 2007 appears to be a year for the political opposition, both in the House and in the Senate. Still, even with the required number, there is hardly any guarantee that the political opposition in the House will be able to elevate this list of charges against an impeached president to the Senate.

There is a precedent to this — and the case involved the then Chief Justice, Hilario Davide Jr., who was charged for the mismanagement of the Judiciary Development Funds.

The numbers were met, but the allies of Gloria, led by Speaker Jose de Venecia, along with now Justice Secretary Raul Gonzalez, blocked this by refusing to hold the plenary vote, and when they finally did, it was merely to have a roll call, making certain that the opposition would not hear the bell, and then promptly declared the session adjourned.

In the meantime, with both the House and the Senate in alliance with Gloria, the issue was questioned before the high court, with both house leaders making it clear that they wanted the high court to issue them a temporary restraining order, to ensure that the impeachment complaint against Davide would die.

Not surprisingly, the Davide court gave a hometown decision and voided the complaint against Davide — which the allies of Gloria now use to kill the complaints against her.

Related stuff from DJB here and here.

More: I posted a long one too on the Davide JDF corruption issue here in response to a persistent commenter.

UPDATE: the latter part of the article is intersting too. It's similar to Conrad De Quiros' SNAP! proposal.

Still, there is a constitutional way to kick out Gloria Arroyo and her corrupt menagerie — through an honest to goodness PI.

There is nothing in the Constitution that bars people from introducing amendments, the best of which is to merely add one more method of creating a vacancy in the presidency: A term cut, after which a plebiscite or referendum can be held for the people to vote on the issue on whether Gloria should stay or go.

There will be no other constitutional proviso that will be amended or altered. The Constitution stays as is, with the only exception of the additional amendment. What can be more simple than this, and one that would also be well-understood by the public?

It is going to be a very simple amendment and will moreover institutionalize people power — the right way.

And after she is ousted, there can then be an election scheduled for a Con-con to draft a new Charter.

No doubt, this would be welcomed by the Filipino people, majority of whom have already expressed their view of wanting to oust her.

What would be amusing would be to watch Gloria and her allies’ reaction should a genuine PI be launched. No doubt it will be they who will now be denouncing the Cha-cha through the PI and for certain, neither MalacaƱang nor her Sigaw and Ulap will spend a single centavo for this people’s endeavor as this goes against their interests.

Nobody, but nobody can accuse such PI to be government-initiated.

And with such a PI proving to be a force if done the right way, even these frigging politicians will have to start behaving, or else they may also face the prospect of being kicked out by the Filipino people.

Think about it.

I LIKE IT!

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