Court rejects bid to impeach Davide

Philippine leaders moved to avert a constitutional crisis yesterday after the Supreme Court ruled the impeachment of the country's top judge was unlawful, setting the stage for a showdown between lawmakers and the judiciary.

President Gloria Arroyo vowed to enforce the court's landmark decision over an issue that has divided Filipinos.

In a 111-page decision, 13 judges in the 15-member Supreme Court voted to declare as illegal the move against Chief Justice Hilario Davide on grounds that the statute bars the filing of more than one impeachment case against a ranking official.

Prior to the current impeachment case against Davide, a move by allies of former president Joseph Estrada to oust the chief justice was turned down by the House of Representatives justice committee.

The deposed Philippine leader wants Davide and seven other Supreme Court justices ousted for upholding the legitimacy of the Arroyo government in March 2001.

The decision brought to an end a three-week battle of wills between the two branches of government, and ended the latest bout of instability to grip the country following a failed military uprising in July. House of Representatives speaker Jose De Venecia warned parliament that defiance of the ruling could prompt intervention from President Gloria Arroyo and the military.

"The chair is constrained to respect the decision of the Supreme Court," De Venecia said as a large pro-Davide crowd in the gallery erupted in cheers.

Justice Reynato Puno, the only high court member who dissented in yesterday's ruling, said the issue on the legality of the ouster move against Davide should be decided by the Senate, which under the country's law would convene as an impeachment tribunal.

Davide had inhibited himself from the crucial proceedings since he is the subject of the complaint.

The country's leadership has been banking on a decision by the Supreme Court to resolve a gridlock between the high court and the House of Representatives that has been dragging for more than two weeks.

The deadlock has created doubts over the stability of the Arroyo administration and had been a factor in prompting a disgruntled former Air Transportation Office official, Col. Panfilo Villaruel to take over a control tower at the Ninoy Aquino International Airport in Manila earlier this week.

The incident ended with the killing of Villaruel and his aide, Navy Lt. Ricardo Cachillar by commandos. Police are considering the possibility that the takeover of the control tower was part of a bigger anti-government plot.

Moments after the Supreme Court issued its crucial decision yesterday, Arroyo reiterated her earlier vow to abide with the ruling.

"Let no-one misunderstand or doubt our resolve to preserve and protect the Constitution," the President said in a statement.

"I am still hoping that both sides will act with a congruence and faith and with the highest national interest in mind," the President said. "There will be crisis if we will ignore the order of the Supreme Court."

More than 80 lawmakers led by members of the Nationalist People's Coalition, the second biggest party in House, endorsed an impeachment complaint against Davide on his alleged misuse of the Judiciary Development Fund. Davide has denied that he mishandled the public funds.