NEWSFLASH

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DAVIDE, PANGANIBAN ASKED TO INHIBIT SELVES

Manila, Feb. 15, 2001 - Ousted President Joseph Estrada has asked Chief Justice Hilario Davide Jr. and Associate Justice Artemio Panganiban to inhibit themselves from the public hearing on his two petitions questioning the legitimacy of the Arroyo presidency.

Oral arguments for the petitions seeking to declare President Arroyo as "acting president" and to stop Ombudsman Aniano Desierto from investigating criminal cases against Estrada are scheduled at 9:30 a.m. today.

In a seven-page pleading, Estrada, through his counsel, former Sen. Rene Saguisag, said the two justices should not participate in today's deliberations "in the interest of justice," claiming they have "compromised themselves by indicating that they have thrown their weight on one side."

Saguisag noted that when Davide spoke after receiving an award from the anti-graft group Bantay Katarungan for his role in the impeachment trial, Davide, "in effect prejudged (the Estrada) case."

As for Panganiban, Saguisag alleged that the former commented on the merits of the petition to be deliberated today when he reportedly insisted that the questioned SC resolution last Jan. 20 that authorized Davide to administer the oath to President Arroyo was an off-shoot of Arroyo's letter.

Saguisag claims he was not furnished with a copy of Arroyo's letter by the SC despite a formal request. He added that Arroyo denied issuing such letter to the SC in her first television interview after taking her oath.

"We have the right to expect the members of this Honorable Court to be totally free from suspicion and bias...This proceeding may become so fatally flawed and infected that there is no way it can survive without having to pay high and unaffordable hidden social costs," Saguisag said.

He added "The institutional damage would be heavy and irreparable and the only legitimate response is for no one to be perceived as sponsoring it. That is why sacrifice is sought."

Arroyo, in response to the SC ordering her to comment on Estrada's suit seeking to bar Desierto from further probing him for plunder and other criminal cases, adopted the 30-page pleading submitted the other day by former Solicitor General Ricardo Galvez and Justice Secretary Hernando Perez.

Arroyo maintained that Estrada abandoned his post and therefore no longer has immunity from suit. And even if he did not resign, Arroyo argued, there was still a vacancy in the presidency following his ouster triggered by the bloodless People Power 2 (Edsa Dos).

She further argued that the mass withdrawal of support by Estrada's Cabinet members also signaled the vacancy since the latter could no longer perform his functions.

The SC security division has teamed up with the Manila police to secure the SC building on Padre Faura st. during the public hearing, in anticipation of a confrontation between pro- and anti-Estrada protesters. Justice Secretary Perez and Desierto have agreed to represent separately the two Estrada petitions scheduled for deliberations.

Perez will tackle the suit questioning the legality of Arroyo's assumption to the presidency and Desierto will answer the suit to bar his office from probing Estrada in connection with the misuse of P130 million of P200 million in Ilocos government funds and his pocketing of P200 million in jueteng pay-offs.

Perez said he would use the Jan. 20 press statement of Estrada acknowledging the oath-taking of Arroyo as president. (Malaya)