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07-04-2010 Jinggoy urges P-Noy to reconsider Davide’s Truth Commission stint
Posted: July 4th, 2010 @ 11:29pm
Senator Jinggoy Ejercito Estrada today appealed to President Noynoy Aquino to reconsider his (Aquino’s) decision to appoint former Chief Justice Hilario Davide Jr. as head of the Truth Commission which would investigate wrongdoings believed to have been committed by ex-President Gloria Macapagal Arroyo and her allies during her nine-and-a-half year rule.
“With all due respect, Mr. President, I believe you have the purest intentions in choosing a person you believe to be most competent to head the Truth Commission. However, I share the view of so many sectors in our country that Mr. Davide is not that man for the job,” Estrada said.
The senator stressed, “For one, Mr. Davide is a person widely known as tainted with blatant disregard, if not gross and direct violation, of the rule of law especially when he, during the impeachment trial against my father, former president Joseph Ejercito Estrada, allowed the manipulation of the said trial which led, as planned by the conspirators, to the so-called EDSA Dos power grab grand design.”
“Mr. Davide also illegally administered the oath to then Vice President Arroyo as the new president of the country, even if that action did not satisfy any of the requirements set forth by our Constitution, specifically in Article III Section 8, for assumption by a vice president into the presidency “in case of death, permanent disability, removal from office, or resignation of the President.”
“Further, as Mr. Davide continued to be instrumental and a prime beneficiary of violations of the rule of law in the previous regime, he was appointed by Mrs. Arroyo in 2005 as the Philippines’ permanent representative to the United Nations, hurriedly grabbed the opportunity and took his oath of office for the position before Mrs. Arroyo even if he had not been confirmed by the Commission on Appointments (CA), in clear violation of Section 16, Article VI1 of the Constitution which states that: “The President shall nominate and, with the consent of the Commission on Appointments, appoint the heads of the executive departments, ambassadors, other public ministers and consuls…”
“Also, Mr. Davide was the subject of a very serious case, which has not had a closure up to now, not because of lack of merit and evidence, but due to his own high-handed manipulation of both the legislative and judicial processes.”
The senator noted the 2003 House of Representatives’ impeachment complaint against Davide on grounds of "culpable violations of the Constitution, various counts of transgressions against the Anti-Graft and Corrupt Practices Act, multiple acts of malfeasance and abundant breach of public trust, and thoughtless extravagance in the disbursement and use of the Judiciary Development Fund."
The complaint accused Davide of failing to allocate, as mandated by law, 80 percent of the Judiciary Development Fund (JDF) to the cost-of-living allowance of court employees while spending some P5.5 million for the purchase of curtains and P8.1 million more in furniture for use by the SC officials, another P34 million for the construction of the Baguio City vacation houses for SC justices and millions of pesos more for the purchase of luxury vehicles.
Davide was likewise questioned for the appointment of his son, Bryan, as member of the pre-qualification, bids, and award committee for projects funded under the JDF program.
Instead of explaining his side, Davide wrote then House Speaker Jose De Venecia to “remind congressmen of the principle of the separation of powers” and after which, the House of Representatives voted not to transmit to the Senate the said articles of impeachment.
“Mr. Davide is clearly linked to Mrs. Arroyo’s arrogant disregard of established procedures, illegal and immoral actions and wanton violation of the rule of law. Again, with all due respect, Mr. President, I’m afraid, like many others are, that having Mr. Davide in the Truth Commission will taint the integrity of the Body and thus adversely affect the new administration’s thrust toward utmost adherence to law and overall good governance,” Estrada added.
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