Senate urged to use contempt power to compel justice to testify

MANILA, Philippines–The prosecution team on Monday asked the Senate, sitting as an impeachment court, to use its contempt power, if necessary, to compel the attendance of Supreme Court personnel in the impeachment trial of Chief Justice Renato Corona.

At the resumption of the trial, Bayan Muna Representative Neri Colmenares, a member of the prosecution team, insisted on their request to subpoena the Supreme Court personnel in relation to Article VII of the impeachment complaint.

Under Article VII, Corona has been accused of ‘partiality’ in granting a temporary restraining order on the government’s watch list order against former President and now Pampanga Representative Gloria Macapagal-Arroyo.

“I’d like to avoid contempt powers pero ito po ay lantaran na,” Colmenares said as he expressed fears that all other agencies would soon invoke their internal rules to avoid participating in the impeachment process.

He was referring to the Feb. 14 resolution of the high tribunal regulating the appearance of members and employees of the judiciary before the impeachment court.

When asked if the prosecution was asking the Senate to cite in contempt those court employees who would not comply with the subpoena, Colmenares said yes, they were requesting that the Senate enforce its contempt power.

“E kung hindi sundin yun, sino ang ikukulong natin? (What if they don’t follow it, who are we going to arrest?)” asked the impeachment court’s presiding officer Senate president Juan Ponce Enrile.

Colmenares insisted on the contempt powers of the Senate and reiterated his call to the Senate leader to heed the prosecution’s request.

At that point, Enrile told Colmenares that it was the reason why the impeachment court has directed its clerk of court to sit down with the clerk of court of the Supreme Court and thresh out the matter.

Colmenares then thanked Enrile as he expressed that the chamber would not give in to the Supreme court’s position.

Enrile again asked the prosecutor if the chamber has the power to order the arrest of all employees of the Supreme Court should they refuse to appear before the impeachment court.

“Tingin ko po, there’s no need to resort to that (I don’t think there’s a need to resort to that),” Colmenares answered.

And despite the Supreme Court’s resolution and the Senate’s ruling against compelling the justices to testify in the trial, Colmenares insisted on getting the testimony of Supreme Court Associate Justice Ma. Lourdes Sereno still in relation to Article VII of the complaint.

“We wold like her (Sereno) po sana to testify,” Colemenares said.

Enrile then asked why the prosecution should not consider first inviting Sereno in the trial instead of compelling her.

But Colmenares said the prosecution team cited the Supreme Court resolution, which he said would prevent the justice from appearing in the impeachment trial.

Senator Miriam Defensor-Santiago stood up and hit the prosecution team for insisting on calling the SC justice and personnel.

“The counsel wants to place this impeachment court in a direct collision with the Supreme Court. Anong mangyayari pag sinabpoena natin ang isang justice ng Supreme Court at ayaw nyang sumunod (What will happen if we subpoena a justice of the Supreme Court and he doesn’t follow)?” an angry senator asked the prosecutor.

“Ano ngayon ang mangyayari sa impeachment court. E di mag-aaway-away kami ng Korte Suprema and will you assist us during that (What will happen to the impeachment court? We’ll just end up fighting with them…)? Will you enlighten the public on what is the proper balance of power between an impeachment court and the Supreme Court?” Santiago added.