Davide should resign to save the judiciary.

(From Philippine Daily Inquirer)

Byline: Dean Jorge Bocobo

SUCCESS, as in Edsa II, is what grants legitimacy to a coup; failure, as in Oakwood, makes it just another putsch.

This bit of realpolitik was on the Inquirer's front page two weeks ago, in an Amando Doronila analysis of both events. Regarded as the most authoritative chronicler of Edsa II, Doronila pictured the young military mutineers of Gringo Honasan and Antonio Trillanes IV as bungling coup plotters with messianic complexes who could not organize a proper civilian and political component for their military misadventure. On the other hand, he defended the part played by then Armed Forces Chief of Staff Angelo Reyes in the Edsa II "people power" and called any comparison with the Oakwood mutiny "insipid."

Yet in his book, "The Fall of Joseph Estrada," Doronila quotes Reyes speaking to his staff at 10:30 a.m. Friday, Jan. 19, 2001-after he decided that the AFP would withdraw its support for President Joseph Estrada as a monolith-"Gentlemen, I'm sure you know that we've just committed mutiny."

At 4:30 p.m. that same day, the military high command, led by Reyes, walked up the stage of the Edsa Shrine and, to thunderous ovation, defected to the civilian and political component of Edsa II. (It is interesting to note that soon after TV broadcasts of Reyes at Edsa, even Chief of Police Ping Lacson called Malacanang to say the police would not fight the military for Estrada and asked him to leave "for the sake of peace.")

At that point, the threat of violence to force Estrada out was clear. On the very next day, Saturday, Jan. 20, 2001, Chief Justice Hilario Davide swore in Gloria Macapagal-Arroyo after Jaime Cardinal Sin told her not to give Estrada a five-day grace period. Gloria had already been assured by Justice Artemio Panganiban that the Chief Justice was willing to swear her in at noon even if Estrada had not yet resigned. Just send a letter. While waiting, the justices had a "fierce debate over the constitutionality" of swearing her in. At 11:24 a.m. her letter arrived claiming Estrada was permanently disabled. Davide prevailed on the Court to accept the falsehood that the presidency was at that moment vacant by virtue of permanent disability. He asked, "Isn't it better that the Court should act?" By 12:30 p.m. the Court had joined the military, the Church and civil society at the Edsa Shrine and Gloria was sworn in.