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[av_heading heading=’House can’t subpoena Chief Justice – Drilon ‘ tag=’h3′ style=’blockquote modern-quote’ size=’30’ subheading_active=’subheading_below’ subheading_size=’15’ padding=’10’ color=” custom_font=” av-medium-font-size-title=” av-small-font-size-title=” av-mini-font-size-title=” av-medium-font-size=” av-small-font-size=” av-mini-font-size=” admin_preview_bg=”]
BY PRINCE GOLEZ
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Tuesday, November 28, 2017
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MANILA – Forcing Supreme Court Chief Justice Maria Lourdes Sereno to attend the impeachment hearing against her could trigger a constitutional crisis, according to Sen. Franklin Drilon.
“I urge Rep. Reynaldo Umali to exercise extreme caution in using the coercive powers of Congress to issue a subpoena against Sereno, as there is no basis and will provoke a needless constitutional crisis,” the former Senate president said.
The Senate minority leader maintained that the Umali-led House of Representatives justice committee cannot compel the chief justice to attend and testify in an impeachment hearing against her.
“The power of the House of Representatives to issue a subpoena, motu proprio, cannot be used during the investigation of an impeachment complaint,” the Ilonggo senator said.
On Sunday, Umali urged Sereno to attend the House proceedings to avoid arrest.
His committee may be forced to subpoena the chief justice if she fails to show up in the hearing, he said.
An impeachment hearing is “different” from a congressional inquiry where Congress is allowed to issue a subpoena and order the detention of a witness, Drilon said.
“Requiring her (Sereno) to testify against herself would place her under the strongest temptation to commit perjury and subject her to an extortion of confessions by duress,” he explained.
This will violate her constitutional rights and the principles of separation of powers enshrined in the Constitution, Drilon added.
“Since the primary purpose of the request to subpoena the chief justice is to require her to testify for the prosecution in relation to the Articles of Impeachment filed against her, this runs afoul of her constitutional right against self-incrimination,” said Drilon.
“Section 17, Article III of the Constitution states that ‘No person shall be compelled to be a witness against himself,’” he said./PN
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