I’m amused that the people who are spilling out into the streets defending Chief Justice Hilario Davide Jr. in the name of democracy do not practice it.

Proof? They helped oust former President Estrada not through elections (which is the essence of democracy) but through people power revolt. Those who now say that the democratic process is sacred were the same ones who didn’t give the constitutional, democratic process of impeachment a chance.

It’s interesting that in the Davide affair, the non-elected are pitted against the elected (the congressmen). Whatever one can say of the congressmen (and you can say many bad things about them), they have at least some measure of political accountability: they have to face the voters and can be thrown out.

Not so with those people who like to preach to us about democracy from their pulpits, their ivory towers, and their civil society thrones.

The fact is these people really disdain democracy. Democracy is, after all, the rule of the majority. But the majority are poor and they don’t trust the poor to make good judgments. This is behind their bias against politicians like Estrada or elected congressmen.

How much disdain they have for democracy can be seen in how they selectively interpret the law. I remember that during the impeachment trial of former President Estrada, they said legal technicalities don’t matter, truth does. Thus, irrespective of how the senate voted, it’s important that the second envelope be opened. Why should the transparency and the search for truth be impaired by legal technicalities?

Now, it seems that this argument doesn’t apply when it’s one of their own that is being called to bar. We are now being treated to hair-splitting about the filing of two impeachment complaints in a year. They now want to stop the process because of legal technicalities.

Chief Justice Hilario Davide Jr. may in all probability be innocent (I personally think he’s decent and honest) but that’s not the point. The point is whether he, as a representative of the faction that backs him, is above the law or not.

What’s really tearing this nation apart is the growing perception of the asymmetric application of the law. It’s okay for former President Estrada to face impeachment and stand trial, but not Davide. It’s okay to be legalistic and technical when it’s Davide, but not okay when it’s former President Estrada.
It’s okay to violate the bank secrecy law and look into the accounts of Jose Velarde, but not okay to do so with Jose Pidal.

It’s okay for Eduardo Cojuangco Jr. to submit to the findings of the court, but not okay for Davide to submit to an impeachment court.

It’s okay for a minority of congressmen to file impeachment raps against Estrada, but not okay when more congressmen cross party lines to sign the impeachment complaint against Davide.
It’s okay for Panfilo Lacson to face trial for human rights violations, but not okay for former Justice Secretary Hernando Perez to answer charges of money laundering.

It’s not only in the law, but also in value judgments, that this dualism applies. It’s okay for an inexperienced housewife to become president, but not okay for a multi-awarded movie actor and successful businessman to become one.

Perhaps it’s not so wise for Chief Justice Davide to be so defiant. Let him submit himself to a trial for the sake of political stability. I’m afraid that “people power” or “mob rule” or whatever you want to call it, is again being stirred in his favor and going to be used for the wrong ends. Those who have never been elected dogcatcher are trying to use “people power” against elected congressmen and if they succeed, they may push the country over the edge.

This inherent disdain for democracy while singing its praises may establish the justification for widespread cheating in next year’s elections. After all, the people can’t be trusted to elect the “right” congressman and the “right” president, why not ensure the results in “our” favor by rigging the election?

The indignation that accompanies Davide’s impeachment appears conspicuously absent at the shoddy preparations and suspicious selected computerization of elections by the Commission on Elections. That’s civil society for you. Dirty elections in 2004 can do more harm to our democracy than letting Davide go to the senate to answer the charges.

This country is cascading down the path of open civil war. God help us.

By Calixto V. Chikiamco

When former President Joseph Estrada was deposed by “people power” cum military coup in 2001, former Chief Justice Andres Narvasa, one of Estrada’s counsels, warned that Edsa 2 would open a Pandora’s box.

He was referring to Greek mythology wherein Zeus gave a box to Pandora with instructions not to open it, but she disobeyed and thereafter all the evils and afflictions flew out of the box to scourge mankind.

No matter how one may think of former Chief Justice Narvasa, especially in comparison to the highly revered, but presently beleaguered Chief Justice Hilario Davide, he has turned out to be right.

The war of annihilation between political factions we see today and the present Congress versus Supreme Court spectacle may be traced to that event called Edsa 2.
Edsa 2 was essentially a breaking of the rules. It upset the accepted pattern of factions alternating at power through elections. It meant that agreed rules don’t matter. The Pandora’s box meant that everything has become political.

Edsa 2 opened up all the country’s institutions, particularly the Supreme Court and the military, to politicization by the different factions. All the country’s institutions have become fair game.

Indeed, we see this now and it’s not as if only one side is guilty of politicizing institutions. While the Estrada camp has been accused of politicizing the young officer corps for its own ends, President Arroyo continues to entrust positions of authority to her highly political generals, former Defense Secretary Angelo Reyes and Brig. General Victor Corpus. Despite being despised by the Oakwood mutineers, Reyes recently got a promotion as anti-terrorism and anti-kidnapping chief.

In the light of Edsa 2, the impeachment of Davide can be understood. The argument of the Davide defenders is that the impeachment is political and has no basis in fact. But all impeachment is political. In fact, Estrada was convicted politically and not legally since the Senate still had to rule on the impeachment.

The impeachment of Davide may not so much be targeting Davide himself but the growing perception of politicization of the Supreme Court. The Arroyo appointments to the Supreme Court, many of them coming outside the career justice system, are perceived to be highly political. The appointments of these justices and the coddling of Reyes and Corpus have raised alarm bells in the opposition because the Supreme Court and the military played pivotal roles in Edsa 2. The opposition probably feels threatened by the growing politicization of these two powerful institutions.

Davide may just be the unfortunate victim of the war between the factions. Having signed the ruling which legitimized the ouster of former President Estrada, Davide is now finding himself, like Estrada, a political target.

The problem now is this: if Estrada, the highest official of the land, allowed himself to stand trial and face the impeachment court, why shouldn’t the Chief Justice also obey the rules and stand trial? If Davide isn’t allowed to face impeachment, then the opposition can argue that there is one law for one faction and another law for the other faction.

The situation is dangerous because if there’s widespread belief that the law is being asymmetrically applied, all hell can break loose.
In fact, what we have is an undeclared civil war presently. So far, it’s been bloodless Luckily, the Oakwood rebellion was bloodless. Instead of guns, what’s being used are senate investigations, impeachment, criminal indictments, etc. But there’s no telling what would happen if the impeachment of Chief Justice Davide and elections in 2004 are mishandled and blow up.

I have been repeating and repeating that there is a deep fracture in our political establishment, caused by Edsa 2. The impeachment of Davide is but one manifestation of this fracture. It’s the central problem of Philippine society today. A civil war of sorts is erupting and destroying society.

More than the fragile economy, the healing of this fracture requires urgent attention. For sure, however, being one of the protagonists, President Arroyo cannot heal the fracture and end the civil war.

Perhaps the United States should broker a ceasefire among the warring factions and force the antagonists to a solution. However, US President George W. Bush’s lavish praise for President Arroyo during his visit didn’t help the situation any and the US’s record in forcing a settlement among antagonists, such as in the Middle East, has been one of failure.

The sad fact is that Edsa 2 opened a Pandora’s box. We need a savior, armed with impartial justice, who can put the evil spirits back into the box.