Militant congressman accuses Corona of lying

MANILA, Philippines—Bayan Muna Representative Neri Colmenares said Saturday Chief Justice Renato Corona was lying when he said Justice Lourdes Sereno was not being barred from testifying in his impeachment trial.

Colmenares  said Sereno would have testified had she been subpoenaed by the impeachment court.

But according to him, the February 14 resolution of the Supreme Court essentially prohibited the impeachment court from summoning witnesses from among the members of the high court or court employees.

“Chief Justice Corona was lying when he declared that Justice Ma. Lourdes Sereno was never restrained from testifying before the impeachment court.  He conveniently forgets that he had the Supreme Court issue its ‘February 14 Resolution’ that not only prohibits Supreme Court Justices and personnel from testifying in the impeachment court but also threatens them with criminal sanctions,” he said in a statement.

The February 14 resolution regulated the attendance of court employees as witnesses in the impeachment trial, as well as the production of certain documents. Corona had inhibited himself from signing the resolution, while two other justices did not take part because they were on official leave of absence.

Corona said in an interview that he was waiting for Sereno to testify in the impeachment trial, but that his colleague had backed off from the plan.

Colmenares said he and the other members of the prosecution believe that any testimony on judicial misconduct cannot be considered privileged because confidentiality cannot be used to hide a crime. But he added that it could not be avoided that justices and court personnel would fear possible prosecution should they defy the high court resolution.

He said the February 14 resolution practically disallowed the testimony of anyone who voluntarily testifies without a subpoena.

“Even if a justice who firmly believes that his or her testimony cannot be covered-up by the use of the confidentiality rule, said justice cannot voluntarily go to the impeachment court because the February 14 resolution prohibits it by requiring the justice to ask permission of the entire Court,” he added.

The resolution also declared that the Senate has no power to subpoena justices and court personnel, Colmenares said.  It also ruled that no one could testify against the chief justice in any impeachment proceeding, he added.

“This means, no impeachment proceedings, now or in the future, filed by the people against any member of the Supreme Court for judicial misconduct will ever prosper.  We might as well do away with the constitutional provision providing impeachment for members of the Supreme Court,” he said.