Former Chief Justice Hilario Davide Jr. during Tuesday’s Senate hearing on the proposed Federal Constitution asked: “Why not clearly mention the West Philippine Sea? Was it because of the administrative fear of or love for China?”

Davide was referring to Article 1 of the draft Charter defining the territory of the country.

In giving his adverse insights on the proposed Constitution, Davide should also assume the obligation of disclosing to Filipinos what really transpired in Edsa 2, the extraconstitutional act that dislodged popularly elected former President Joseph “Erap” Estrada in a high-level conspiracy that included him.

Davide should know the 1987 Constitution since he was a member of the Constitutional Commission (ConCom) that drafted it and the West Philippine Sea or any particular maritime territory was mentioned in it.

In the ConCom draft of Article I, it was stated: “Sovereignty over islands and features outside its archipelagic baselines pursuant to the laws of the Federal Republic, the law of nations and the judgment of competent international courts or tribunals.”

The definition thus covered the country’s claims without specifically mentioning the areas which are the subject of conflicting maritime claims.

Instead of nitpicking in the service of his yellow Liberal Party (LP), Davide would contribute a lot to setting right the annals of history by recounting his participation in the 2001 adventure that has since become a constitutional aberration.

The extraconstitutional act was tolerated by the Supreme Court then with Davide even administering the oath of office to Vice President Gloria Arroyo based on the “constructive resignation” of Erap.

In his regular piece at the Philippine Daily Inquirer, former Chief Justice Artemio Panganiban wrote that Davide was fully responsible for Arroyo’s takeover of Estrada’s post.

The SC justices then agreed for Davide to administer the oath to the Vice President as “acting President” but during the swearing in event, the phrase was changed by Davide into “act as President.”

“Worried that violence, civil strife and bloodshed would ensue, I proposed that Arroyo be sworn in as “acting President.” CJ Davide agreed, and in a hurriedly-convened session that morning, the justices concurred,” Panganiban wrote.

He said the day after the Edsa event, some SC justices were furious at Davide who gave the excuse that the words “to act as President” were neutral and could, “at the proper time and case and after full hearing, be clarified.”

The Davide Court, thus, tolerated the act. The SC later on voted 13-0 to uphold the ouster of Estrada and the legitimacy of Arroyo’s presidency.

Incidentally, the decision upholding Estrada’s ouster was penned by then Justice Reynato S. Puno, later on a Chief Justice and who is now Constitutional Commission (ConCom) chair.

Estrada in a recent assessment of his 2001 ouster said “there was a conspiracy by several powerful personalities who wanted me to resign but it was Davide as Chief Justice who ultimately made the ouster possible.”

Estrada was impeached by the House then and was facing the Senate court but the process was not completed after the House prosecutors along with yellow senator judges walked out of the hearing to join the Edsa 2 uprising.

“Instead of following the law and procedure as mandated by his oath as Chief Justice, he allowed the Senator judges to walk out and betray instead of uphold the constitutional process of impeachment,” Estrada said.

Instead of calling back those who walked out to continue the proceeding or dismissing the case for failure to prosecute, Estrada said Davide instead “went to Edsa himself and illegally swore in Gloria Macapagal-Arroyo.”

Davide assailed the wordings of the draft charter and committed to defend the 1987 Constitution with his life. He should, however, owe up and seek forgiveness from the nation for his part in bastardizing the Constitution, the laws and the legal processes.

Huwag nating kalilimutan ang ginawa ni Davide. Then, in context, read what he shares.

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