Davide assails High Court on E01 ruling
RETIRED Supreme Court (SC) Chief Justice Hilario Davide Jr. on Thursday lashed out against his former colleagues in the High Tribunal, saying that he could lose his faith and trust in it after it declared unconstitutional Executive Order (EO) 1 that created the Truth Commission.
“I am deeply saddened and pained by the resolution of the Supreme Court denying with finality the motion to reconsider its decision declaring [as] unconstitutional (EO 1) creating the Philippine Truth Commission of 2010,” Davide said in a statement.
He would have headed the fact-finding commission.
The former Chief Justice pointed out that the High Court ruling was wrong as it used an incorrect application of the doctrine of equal protection of the law.
He stressed that the verdict could cause him to lose his faith and trust in the court which he had served for nearly 15 years.
“It perpetuates its patently wrong and erroneous application of the doctrine of equal protection of the law,” Davide said.
“The resolution could cause the loss of my faith, trust and confidence in the Supreme Court, which I had faithfully served for nearly fifteen years, more than seven of which as its Chief Justice,” he added.
Davide emphasized that the decision made the High Tribunal an instrument of suppression of the truth in unearthing anomalies allegedly committed during the administration of then-President and now Rep. Gloria Arroyo of Pampanga province.
The former chief magistrate also questioned “the timing of its promulgation—barely 20 hours after President Aquino delivered his State of the Nation Address, [wherein] he solemnly declared that the fight against graft and corruption is a personal one for himself and for all the Filipinos who are its victims, and announced the appointment of newly retired SC Justice Conchita Carpio-Morales as Ombudsman—clearly proves beyond doubt that the court has become a protector of some people.”
But Davide believed that the High Court at present would not succeed in what he perceived as the suppression of the truth.
On Tuesday, the SC en banc junked with finality the motion for reconsideration seeking reversal of its earlier ruling declaring as unconstitutional the creation of the commission, which was to conduct probes of cases of alleged corruption during the Arroyo administration.
It opined that Mr. Aquino’s first order as President was a violation of the 1987 Constitution, for it would pin down Mrs. Arroyo as a sign of his administration’s vindictiveness and a clear violation of the equal protection clause.
Source: http://manilatimes.net/index.php/news/top-stories/3143-davide-assails-high-court-on-e01-ruling
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