Speaker Pantaleon Alvarez today dashed all speculations about a looming constitutional crisis as he bared that the House of Representatives would not compel Supreme Court Chief Justice Ma. Lourdes Sereno to appear in the hearing of the Committee on Justice on the impeachment case against her.
In a press briefing, Alvarez supported the legal opinion of Majority Floor Leader Rodolfo Fariñas that their rules do not allow them to compel Sereno to appear before the Committee on Justice.
“I subscribe to the opinion of the Majority Leader,” said Alvarez.
Earlier, Senate Minority Leader Franklin Drilon and Sen. Francis Escudero raised concerns of a constitutional crisis may ensue following the statement of Justice Committee Chairman Reynaldo Umali that his panel is authorized by the constitution to compel the attendance of witnesses, including Sereno, in the impeachment proceedings.
“Natutuwa naman ako na may mga miyembro na ng Senado na atat-na-atat nang mag participate. Pero relax muna. Darating din tayo diyan,” Alvarez said.
He said that if the Committee on Justice finds enough evidence to warrant a trial of the impeachment case against Sereno to trial in the Senate they would do so.
“Pero kung wala naman talaga after so many hearings eh hanggang dito na lang,” he said.
Fariñas bared that during the executive session of the Committee on Justice yesterday he advised them that under the rules—whether in administrative or criminal cases—the respondent cannot be compelled to testify.
Under the same rules, Fariñas said the committee likewise cannot compel Sereno to answer the allegations raised against her in the impeachment complaint filed by Atty. Lorenzo Gadon and if she took this option it would be deemed a general denial of the charges against her.
Sereno has submitted to the Committee on Justice her answer to the allegations raised in the Gadon complaint.
“If we want to question her, sabi naman ni Speaker pwedeng respeto na lang yun. Respondent naman siya eh hindi na namin kailangang pilitin para hindi na umabot doon sa ganun,” Fariñas said.
Fariñas said the rationale behind the rule is that forcing a respondent to testify in a proceeding against him would subject him to the risk of perjury based on the natural temptation to defend himself.
On the other hand, Fariñas backed the view of Umali that when it comes to witnesses, including members of the Supreme Court, the Committee on Justice has the compulsory power to ensure their presence in the proceedings if necessary.
“There are some senators saying na wala yan sa rights ng House. Mali po sila, under our rules, even in impeachment proceeding may power po ang Committee on Justice to issue subpeona duces tecum or ad testificandum,” Farinas said
However, Fariñas said that in the case of the Supreme Court justices the House recognizes they are also subject to their own internal rules before testifying in the impeachment proceedings.
Reports said Associate Justices Teresita Leonardo-de Castro and Noel Tijam as well as retired justice Arturo Brion are willing to accept the invitation of the House justice committee but they would first seek consent of the SC sitting as a collegial body.
“We are confident that after they (SC) discuss this, they should allow them if their testimony is material and relevant,” Fariñas said.
Meanwhile, Umali clarified in an earlier morning interview that his statement on the compulsory power of the Committee on Justice to issue subpeona or warrant of arrest against Sereno is merely a hypothetical answer to a hypothetical question from the media.
Umali said he himself do not subscribe to any move to issue a warrant of arrest against Sereno to compel her attendance at the impeachment proceedings because this could indeed spark a constitutional crisis.
Besides, Umali said he had no power to make that determination, saying it’s the decision of the entire committee to authorize the use of compulsory powers such as the issuance of subpoena or a warrant of arrest. (CONGRESS-PR)
