Justice committee stands firm on subpoenas, witness attendance

The House committee on justice chaired by Rep. Reynaldo Umali (2nd District, Oriental Mindoro) on Tuesday expounded on its power to issue compulsory procedures as needed in the committee’s efforts to determine whether there is probable cause in the impeachment complaint against Chief Justice Maria Lourdes Sereno.

This comes after several lawmakers expressed concern over a possible constitutional crisis, which in turn were spurred by comments from Umali in a radio interview last Sunday, November 26. In the interview, Umali said that a warrant of arrest may be issued should the Chief Justice fail to act on a subpoena demanding her presence as a witness.

He clarified in today’s hearing that he was merely responding to a hypothetical question posed by a media personality.

However, Umali stressed that this course of action is well within the rights of the justice committee as it attempts to establish whether there is probable cause in the complaint filed by Atty. Lorenzo Gadon. Umali cited Article 11 of Section 3 of the Constitution, which states the House of Representatives shall have the exclusive power to initiate all cases of impeachment.

“This is the power from which we draw our power to issue compulsory processes including subpoena and even the power to issue a warrant if and or [it is needed],” said Umali.

Moreover, Section 8 of Article 11 of the Constitution pertaining to Accountability of Public Officers provides that Congress shall promulgate its rules of impeachment to effectively carry out the purpose of this section.

The committee has also remained in line with the Rules of Procedure in Impeachment Proceedings in the House of Representatives in the17th Congress. The Rules of Procedure, which was adopted on August 3, 2016 and published August 26, 2016, details that the committee on justice shall have the power to issue compulsory processes for the attendance of witnesses for the production of documents and other related evidence.

“In other words, iyong sinasabi po nila na wala daw kaming poder dito sa impeachment proceeding, itong impeachment committee—dahil iyon daw po ay only in aid of legislation—is unfounded,” Umali said.

He further said :“We do have this power beyond the power of Congress in aid of legislation. This is a power vested in this impeachment committee, by the Constitution no less, embodied in the Rules of Procedure in Impeachment Proceedings.

Umali urged everyone to contribute to a better understanding of the case instead of obfuscating the issues and creating an atmosphere of disrespect to the proceedings.

“Sana po ay maintindihan natin lahat ‘yon para huwag po tayong nagsasalita nang hindi natin alam ang pinanggagalingan ng sinasabi natin,” he said.

Umali also reiterated his request to commentators, from the media and government alike, to carefully consider the opinions they voice to the public.

“We are observing the law, the Rules, and the Constitution. And we are respecting the rights of every citizen, including the right to voice out their opinion. But sana naman po, ‘yung opinion nila ay ‘wag naman pong makakagulo o madidisrespeto ang impeachment committee, ang proceeding, at ang mga miyembro nito para po mas maayos ang takbo ng ating hearing dito,” he stated.

Umali acknowledged the concern of senators, which is probably because the senators are growing impatient or may want to join the proceedings already.

“You will have your time, Senator-judges, if and when this case is filed in the Senate,” assured Umali. (CONGRESS-PR)

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