Davide Impeachment: The Chief Justice on Trial Who Will Preside the Case
I can still vividly recall the scenario at the senate when the former President Estrada was on trial for impeachment. He was accused of culpable violation of the constitution, graft and corruption, and betrayal of public trust. Chief Justice Davide was presiding over the case with the senate as the juror.
Today, the same scenario is about to transpire only with different players. The Chief Justice Hilario Davide is now facing an impeachment case. He is accused of culpable violation of the constitution, graft and corruption, and betrayal of public trust the same basis that brought former president to impeachment court. The complaint gained the vote of more than 1/3 of all the members of the House of Representative; hence it is forwarded to the senate for trial.
In corollary to Estrada impeachment, Chief Justice Davide was the presiding officer of the then impeachment trial. Now, with CJ Davide set for trial, many were asking who will preside the trial because obviously it cannot be Davide himself; would it be one of the Supreme Court Justices, members of the senate, or President Arroyo herself?!
It would be essential to review the procedure on impeachment as provided by the Constitution. It is clearly stated in Artcle XI, sec. 3 of the constitution that:
“The House of Representatives shall have the exclusive power to initiate cases of impeachment.( on the following grounds: culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of public trust…) ”
This is complied with in the Davide Impeachment. Congressmen Gilbert Teodoro and Fuentabella initiated the said complaint in the Lower House. Even a citizen, anyway, can initiate an impeachment case provided that he will secure a resolution of endorsement by any member of the House. The factor that will move the impeachment complaint for trial is the vote of at least one third of all the members of the house. Two days ago, this condition was accomplished and the articles for impeachment and for trial was affirmed.
We are now brought to our main question at bar as to who will preside over the impeachment trial of Chief justice Davide. It cannot be one of the Supreme Court Justices, it is neither the Sandigan Bayan. It cannot be the President herself. The Constitution has bestowed that power to try and decide all cases of impeachment to the senate; to wit: “The senate shall have the sole power to try and decide all cases of impeachment. When sitting for that purpose, the senators shall be on oath or affirmation…No person shall be convicted without the concurrence of two thirds of all the Members of the Senate (supra).”
Clearly, it is the senate who has jurisdiction over the case BUT how is it that in the impeachment of former president Estrada Chief Justice Davide Presided over the trial? The impeachment of former president Estrada is a special case, an exception to the rule, “when the President of the Philippines is on trial, The Chief Justice of the Supreme Court shall preside, but shall not vote (supra, sec.6).” It is only when the president is on trial that the chief justice will preside, but in normal cases of impeachment, the senate has sole jurisdiction.
It must be understood that the purpose of impeachment is to remove an officer from office. This is not a criminal procedure, wherein the accused will be imprisoned or pay a fine. The only effect of an impeachment conviction is removal from office and disqualification from any other position in the government. Therefore, the conviction in an impeachment court will not be a bar to filing of a criminal case. If proven guilty, Chief Justice Hilario Davide will be removed and disqualified to hold any office in the Republic of the Philippines. He will be liable and subject to prosecution, trial, and punishment according to law. He will likewise not be entitled to retirement benefits and old age benefits of the Judiciary.
