House vote puts an end to Davide impeachment

House of Representatives legislators finally resolved a two-week impasse with the Supreme Court yesterday by voting to recognise the high tribunal's judgement that declared the impeachment move they initiated against Chief Justice Hilario Davide as "unconstitutional".

In a move hailed by President Gloria Arroyo as "a historic win for the Filipino people," 115 Congressmen in the 226-seat chamber voted to support a decision by House Speaker Jose de Venecia to recognise the Supreme Court ruling against 77 who voted to appeal against the judgement.

House leaders said the vote effectively terminated the House-initiated impeachment proceedings against the 62-year-old Davide who is being accused of squandering hundreds of millions of pesos of public funds meant for providing benefits to court employees on unnecessary projects.

The impeachment was initially supported by 92 House members, but after more than a week-long delay in the proceedings called by De Venecia, their numbers were whittled down as Arroyo appealed to the members of the lower legislative chamber and the Supreme Court to avoid a showdown.

The Supreme Court on Monday ruled that the complaint was unconstitutional because it was filed within a year of an earlier complaint initiated against Davide. The Constitution prohibits the filing of more than one complaint against an impeachable official within a year.

The House had thrown out in July an impeachment complaint filed by former president Joseph Estrada, who charged Davide of conspiring with Arroyo of collusion in overthrowing his government. "It's final. The second impeachment complaint against Chief Justice Davide is dead," a weary De Venecia told reporters at the end of a marathon session by Congress on the issue that started Monday afternoon and continued into the early hours yesterday.

Meanwhile, members of the Senate Finance committee said that officials of the Commission on Audit (COA) have cleared Davide of accusations that he misused the controversial Judiciary Development Fund (JDF).

"Had they (Congressmen) asked us we would have explained it to them," COA auditor Cecilia Cagaanan said, adding that if the House of Representatives' committee on justice did not stop its hearings "we could have explained to them why we have these findings."

During a hearing at the Senate yesterday, Senator Francis Pangilinan asked the COA official pointblank: "Based on your findings, is it sufficient to conclude that there was corruption in the disbursement of the JDF? The COA official replied "None."

Despite threats from some civil groups favouring the impeachment of Davide to hold massive protests, the decision by the House to scuttle the ouster proceedings was welcomed with a sigh of relief from Manila.

"I think its time to move on and I appeal to everyone to put an end to this impeachment controversy, put it behind us and let the healing process begin," Senate President Frank Drilon said.

"I am confident that the three branches of Government can now buckle down to their respective duties unhampered by controversy and uncertainty. Never have I doubted at any moment the capacity of our Government for self-repair and self-redemption," Arroyo said.

CLEARED

How the chief justice got a new lease of life
• 77 lawmakers voted to appeal against the Supreme Court judgement in the 226-seat chamber following a plea by House Speaker Jose de Venecia.

• The impeachment was initially supported by 92 House members, but after more than a week their numbers were whittled down.

• Senate Finance Committee said the Commission on Audit (COA) has cleared Davide of misusing the controversial Judiciary Development Fund (JDF).