EX-CJ DAVIDE: CORONA TRIAL MAY HAVE
CLEANSING EFFECT ON JUDICIARY
MANILA, MAY
29, 2012 (ABS-CBN) by Ces Oreña
Drilon - Ex-CJ says it's wrong for Corona to use foreign currency law.
Former Chief Justice Hilario Davide Jr. believes that Chief Justice Renato
Corona Jr. should have declared his dollars in his statements of assets,
liabilities, and net worth (SALNs) as required by the Constitution and the law.
Davide told ANC's "Pipol" in an exclusive interview that Corona's position on
the confidentiality of dollar deposits does not hold water.
"The law itself, the Foreign Currency Deposit Act (FCDA), was impliedly
repealed by the 1973 Constitution because it was passed in 1972, and as well as
the 1987 Constitution and by Republic Act 6713 [Code of Conduct and Ethical
Standards for Public Officials]," he said.
"Consequently, it cannot be availed of. So the chief justice cannot say that
'I did not disclose the dollar deposits because I had no written authority from
me to disclose it,'" he added.
Corona admitted last Friday that he did not declare $2.4 million of his
supposed dollar deposits due to the absolute confidentality clause in the FCDA
law.
Davide, however, said Corona's stand is incorrect.
"The law allows amendments to the FCDA that might reduce the rights therein
granted. RA 6713 effectively reduced that right, assuming that he was covered,
benefitted by the FCDA," he explained.
"His rights thereunder were effectively reduced by RA 6713. I would say that
RA 6713 reduced whatever right he had under FCDA," Davide added.
Cleansing, not chilling, effect
He also disagrees with Corona's belief that his impeachment trial sent a
chilling message to the judiciary.
Davide said an impeachment trial upholds checks and balances in the a
democratic form of government.
"I respect his [Corona's] opinion but I cannot agree with the principle
involved. If that were so, the Constitution would have not provided the
mechanism for the impeachment, including the chief justice and the members of
the Supreme Court to be among the impeachable officers," he said.
"There is nothing to fear when it comes to the impeachment of a particular
individual," he added.
"If you have not committed anything impeachable in character, the trial
itself may be a catalyst in order to prove that all [allegations] were really
manufactured or fabricated," Davide said.
"If it will be proven that he [Corona] has committed an impeachable offense,
it will have a cleansing effect on the judiciary," he said. "A healthy process,
the maturation of our democratic institutions."
Davide said the people must respect the Senate's verdict, whatever it may be.
"We have to trust the impeachment court. Whatever its decision, we have to
respect it. That is still part of the rule of law," he said.
The former chief justice said the impeachment court is the people's court,
the people cast their vote through the senator judges and their verdict is an
expression of the people's will. - report from ANC
Chief News Editor: Sol
Jose Vanzi
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