Only Drilon can decide on inhibition; Enrile won’t even touch motion

MANILA, Philippines—The Senate impeachment court will not act on a defense motion to inhibit Senator Franklin Drilon and will not disqualify him from the trial of impeached Supreme Court Chief Justice Renato Corona, Senate President Juan Ponce Enrile said Friday.

“We will not act on that. I don’t know if they (senators) want to discuss that in the caucus. I will not even present that to the members of the court,” Enrile told reporters.

Like his colleagues, Enrile said the motion was addressed to Drilon and the Senate could not compel him to inhibit himself from the proceedings.

“It is up to him,” Enrile said. “Inhibition is personal to each senator of the republic.’’

Enrile also rejected the defense’s prayer for the disqualification of Drilon.

“He is an elected representative of the people. Under the Constitution, he is entitled to sit in all proceedings of the Senate unless he is removed in accordance with our rules on ethics,” he said.

Earlier, Majority Leader Vicente Sotto, said that since the Senate had no rules on inhibition, “It’s left to the discretion of the senator concerned.”

Sen. Francis Pangilinan agreed: “It is addressed to the senator himself. Inhibition is voluntary and cannot be forced upon the individual.”

Defense spokesperson Tranquil Salvador himself acknowledged that the matter of one’s inhibition was  purely voluntary.

Drilon rejected the motion outright on Thursday, calling it baseless. If that were the case, Salvador said, the defense would respect Drilon’s position, but hoped the Senate impeachment court could still tackle the motion.

“The ultimate decision is with the court,” Salvador said in a telephone interview, arguing that while the impeachment rules are silent on motions for inhibition, they also provide that the Rules of Court should apply “suppletorily” if the impeachment rules are inadequate.

In moving for his inhibition, the defense accused Drilon of acting like an “ally’’ of the House prosecutors and taking up the cudgels for them in the first seven days of the impeachment trial.

The defense pointed to Drilon’s role in compelling Supreme Court Clerk of Court Enriqueta Vidal to produce copies of Corona’s statement of assets, liabilities and networth (SALN) last week after private prosecutor Mario Bautista failed to elicit any information about the SALN.

Sen. Joker Arroyo said the Senate impeachment court had no power to act on the motion, much less compel any member to inhibit himself or herself from the proceedings.

“We can’t ask a member to comment on that. We can’t act on that. The Senate as an impeachment body  does not possess the power to ask any member to inhibit himself. That’s entirely personal to the member involved. That’s his decision,” he said in a telephone interview. “That’s a non-issue anymore.’’

Arroyo said he didn’t view the motion as a subtle warning to the senators not to show any sign they were siding with the prosecution.

“It’s not a warning. It’s entirely up to the member involved whether to agree or not to agree,” he said.