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Impeachment against Philippine chief justice unconstitutional: Court
www.chinaview.cn 2003-11-10 14:11:19

    MANILA, Nov. 10 (Xinhuanet) -- Philippine Supreme Court (SC) ruled on Monday that the impeachment complaint against Chief Justice Hilario Davide filed by the House of Representative was unconstitutional.

    The SC insisted that the petitions questioning the constitutionality of the impeachment complaint against Davide were within its jurisdiction, Court spokesman Ismael Khan told reporters.

    Thirteen out of the 14 associate justices voted for the petitions which claimed that the complaint initiated by some Houseof Representatives members violated the Constitution.

    The Philippine Constitution allows the filing of only one impeachment case against a public official within 12-month period.     

    The impeachment crisis comes to a head Monday, when the Supreme Court was expected to issue a landmark ruling in the morning, while the House resumes session in the afternoon.

    President Gloria Macapagal-Arroyo reiterated on Monday her vow to abide by whatever decision the SC would hand down on the impeachment complaint, saying it is her solemn duty to enforce any ruling of the high tribunal.

    "Let no one misunderstand or doubt our resolve to preserve and protect the Constitution," she said in a statement, "There will bea crisis if we will ignore the order of the Supreme Court."

    The president has been very active in seeking a peaceful solution to the differences between the legilation and jurdiciary branches of the government.

    She raised earlier a so-called win-win suggestion, which is, the House gives up its impeachment efforts, and forms an independent committee to look into the alleged anomalies, while the SC opens all its accounting books for scrutinization.

    House Speaker Jose de Venecia said Sunday that if the high court does not hand down a decision on the constitutionality of the impeachment complaint against Davide Monday, "there will be a good chance of transmittal" of the Articles of Impeachment to the Senate, which in turn will form a special jury to hear the case.

    Some of the House members are still reportedly trying to push through with the impeachment trial despite of the SC rejection, but other representatives are warning that the move will place theHouse in a very embarrassing scenario.

    Over a third of the House members filed the complaint early last month, alleging that the chief justice misused millions of pesos in public fund allocated for the development of the country's judiciary system. Enditem

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