Constitutionalism in Asia in the Early Twenty-First Century

(Greg DeLong) #1

Aborted impeachment of President Estrada in 2001


This clause was used for the first time in President Estrada’s impeachment in


November 2000. However, the trial of the highly popular Estrada, a former movie


actor, was aborted over the issue of suppressed evidence, i.e. a sealed envelope


of banking records allegedly owned by him. When the Senate upheld the


confidentiality of the bank records, thousands of citizens gathered in protest and,


after the top military brass joined the protesters, then Supreme Court chief justice


Hilario Davide swore in Vice President Gloria Macapagal-Arroyo as new president,


purporting to perform the merely administrative act of dispensing an oath while


properly reserving the option to rule on any subsequent judicial challenge.
96


That challenge was thrown out by the court inEstradav.Desierto, finding that


Estrada had “constructive[ly] resigned” from office.
97
In this episode, the law served


as handmaiden to popular politics and provided merely the ideological cover to


legitimize Estrada’s ouster.


Aborted impeachment of Chief Justice Hilario Davide in 2003


The impeachment power having been unleashed, it was next deployed against the


chief justice who swore in Arroyo. He was first charged in June 2003 by ousted


president Estrada for administering the oath to Arroyo, but the Estrada camp could


not muster the requisite votes in Congress, and the complaint was dismissed in


October 2003.


The next day, the second complaint was filed against Davide over irregularities


in the use of a special, unaudited judiciary fund and, this time, the Estrada camp


gathered enough votes to impeach him. However, the Supreme Court nullified the


indictment inFranciscov.House of Representatives,
98
citing a hitherto unused


clause, the one-year bar on a second impeachment against the same public officer.


The court read this clause strictly in favor of its chief justice and, once again, the


court asserted the primacy of judicial review over the political decision to impeach.


Junking the four impeachment complaints against Arroyo


Unwittingly, however,Franciscoalso made it easier for an accused public officer to


insulate himself from impeachment simply by getting someone to file a weak


impeachment complaint and triggering the one-year bar each year. Ironically,


President Arroyo was the main beneficiary of this doctrine. She was the target of


four impeachment attempts during her presidency, all of which were dismissed.^99


(^96) A.M. No 01 - 1 - 05 -SC,In re: Request of Vice-President Gloria Macapagal-Arroyo to Take Her
Oath of Office as President of the Republic of the Philippines before the Chief Justice
(January 22 , 2001 ).
(^97) Estradav.Macapagal-Arroyo, G.R. Nos. 146738 (March 2 , 2001 );Estradav.Desierto, G.R.
Nos 146710 - 15 (March 2 , 2001 ).
(^98) Francisco. (^99) See De Jesus, “Distorting the rule of law.”


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