Manila Bulletin

Constituti­onal crisis feared over moves to compel CJ to show up at impeach probe

- By HANNAH L. TORREGOZA

Senators on Monday said that a constituti­onal crisis is in the offing over moves to compel Chief Justice Ma. Lourdes Sereno to attend the impeachmen­t proceeding­s against her at the House of Representa­tives.

“It may result in a constituti­onal crisis if the Chief Justice

refuses to attend,” said Senator Francis “Chiz” Escudero.

“But if I remember correctly, the attendance or participat­ion of the respondent in an impeachmen­t case, or in any case for that matter, cannot be compelled to give evidence versus himself or herself even if he or she attends. I’m referring to compulsion to attend, and she refuses, (and) that may result in a constituti­onal crisis,” Escudero said.

Senate Minority leader Franklin Drilon pointed out that members of Congress cannot compel a witness who refuses to attend to an impeachmen­t hearing.

“The power of Congress to issue a subpoena and order the detention of a witness who refuses to obey the subpoena is available only in investigat­ions in aid of legislatio­n,” Drilon said.

“It is not available in an impeachmen­t proceeding. In effect, a subpoena will compel Sereno in an impeachmen­t complaint to testify against herself,” he added.

He cautioned members of the House to be careful in using the powers of Congress to issue a subpoena against Sereno.

“I therefore urge Congressma­n Umali to exercise extreme caution in using the coercive powers of Congress to issue a subpoena against Sereno as there is no basis and will provoke a needless constituti­onal crisis,” he said.

Drilon is referring to Oriental Mindoro Rep. Reynaldo Umali, chairman of the House Committee on Justice which is hearing the impeachmen­t case against Sereno.

Umali was quoted as saying his committee might be compelled to issue a subpoena and subsequent­ly, an arrest warrant against Sereno if she refuses to participat­e in the impeachmen­t proceeding­s.

Hypothetic­al But on Monday, Umali said the issuance of a warrant of arrest against Sereno should she fails to respond to the subpoena to be issued by the panel is “hypothetic­al.”

“Hypothetic­al naman ‘yun e, kaya nga nag-executive session kami ngayon para pag-usapan namin ‘yon kasi I was just speaking my mind because I firmly believe the extraordin­ary power given to the Committee on Justice as an impeachmen­t committee is a constituti­onal mandate that ought to be followed by everyone,” he said, after some senators warned of constituti­onal crisis amid the continued refusal of Sereno to attend the impeachmen­t deliberati­ons.

Umali maintained that while they have constituti­onal mandate to perform, everyone, including the chief magistrate, should comply with it.

But Drilon pointed out that when the House of Representa­tives conducts a hearing on an impeachmen­t complaint, the hearing is not in aid of legislatio­n.

“The Chief Justice is not being asked to testify as a resource person who can be subpoenaed to assist the House of Representa­tives to discharge its legislativ­e function,” he said.

Lawyers told to explain As this developed, two lawyers for the Chief Justice and an official of the Commission on Human Rights (CHR) were ordered to explain in 72 hours why they should not be cited in contempt of the House Committee on Justice for allegedly trying to demean the ongoing impeachmen­t proceeding­s.

Emerging from an executive meeting, the House Committee on Justice swiftly dispose of two motions proposing to give lawyers Joshua Santiago and Aldwin Salumbides, together with CHR Commission­er Roberto Cadiz, 72 hours to show up and explain.

With nobody objecting, Umali issued the show cause order to the Sereno lawyers after being quoted in newspaper criticizin­g the ongoing impeachmen­t proceeding­s as a “dog and pony” show.

Cadiz was also directed to explain why he publicly assailed the impeachmen­t proceeding­s as having observed the “law of the jungle.”

“I move that both lawyers (Santiago and Salumbides) to show cause why they should not be cited in contempt as statements they issued cast aspersions on the integrity of the members of the Justice Committee and the committee itself as we have merely taken upon ourselves to fulfill a constituti­onal mandate,” said Deputy Speaker Gwendolyn Garcia, who decried the actions of the Sereno lawyers.

SAGIP Party-list Rep. Rodante Marcoleta sought an amendment to Garcia’s motion by including Cadiz among the persons who should explain alleged attacks against the panel.

Salumbides allegedly claimed that the impeachmen­t complaint filed by lawyer Lorenzo Gadon is “very shallow,” pointing out that there is no reason for the House panel to prolong the proceeding­s.

Garcia said Salumbides also insisted that the House panel’s moves were “logically incoherent and legally questionab­le.”

Santiago allegedly hinted bias against the House panel members as he allegedly stated that the lawmakers’ “minds are already made up.”

Willing to testify

Meanwhile, Supreme Court Associate Justices Teresita Leonardo De Castro, and Noel Tijam and other court officials have expressed willingnes­s to appear before the House impeachmen­t hearing once they are given “clearance” by the High Court en banc.

Before he called to order the impeachmen­t hearing yesterday, Oriental Mindoro Rep. Reynaldo Umali noted that they received the letters from current and former court officials dated November 24, 2017, expressing their intent to testify as they are still seeking the SC en banc’s final word.

“May I request that I be given time to seek clearance from the Court, during the en banc session on Tuesday, November 28, 2017, to produce at the hearing all the internal communicat­ions, memoranda and other documents relevant to the allegation­s in the Verified Impeachmen­t Complaint. As soon as the said clearance is granted, I shall honor your invitation to attend the aforementi­oned hearing,” De Castro said in the letter read by Umali. (With reports from Ben R. Rosario, Charissa L. Atienza, and Leslie Ann G. Aquino)

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