MANILA, Philippines - The Supreme Court (SC) has set a special full-court session at 2 p.m. tomorrow to decide on whether the Senate impeachment court can compel the justices to testify in the trial of Chief Justice Renato Corona.
SC spokesman Midas Marquez said the magistrates agreed on the urgency of the issue that “goes to the very essence of the separation of powers of coequal branches of the government and the matters that the justices can testify to.”
He said the SC justices would like to have a stand on the issue before the impeachment court issues subpoenas.
“They (justices) don’t want to wait for their next session next Tuesday because subpoenas might be issued right away,” he said.
Marquez said the justices had preliminary discussions yesterday but they want to deliberate again to consolidate their views.
“I don’t want to preempt the decision of the justices. Let’s just wait for the resolution,” he said when asked about the other possible actions of the SC.
Marquez said the justices acted on the issue after receiving from the Senate impeachment court a copy of the list of witnesses, including several SC justices, the prosecution plans to summon.
A list emailed to reporters showed the prosecutors plan to present some SC justices and several journalists when they take up Article 7 that accuses Corona of partiality in granting a temporary restraining order (TRO) stopping the travel ban imposed by the Department of Justice on former President and now Pampanga Rep. Gloria Macapagal-Arroyo and her husband Jose Miguel Arroyo.
The prosecution panel wants to summon Associate Justices Ma. Lourdes Sereno, Presbitero Velasco Jr., and Marquez.
Velasco and Marquez were listed as hostile witnesses. Velasco will be asked to testify on reports that Corona made handwritten corrections on the resolution that the former wrote in granting the TRO. Marquez will be asked to comment on allegations that he suppressed Sereno’s dissenting opinion.
Marquez gave assurance that he would comply with the subpoena.
For Article 3 or the alleged flip-flopping of the SC on decisions under Corona, SC Associate Justices Roberto Abad, Diosdado Peralta, Jose Perez, Lucas Bersamin, Jose Mendoza, Bienvenido Reyes, Martin Villarama, Estela Perlas-Bernabe, and Sereno may also be asked to testify.
Meanwhile, Associate Justices Antonio Carpio and Sereno rejected calls for them to inhibit in the deliberations of the petitions filed with the SC seeking to stop the impeachment trial of Corona.
“These motions have been denied. Motions for inhibitions are addressed to the individual justices,” Marquez said.
Former assemblyman Homobono Adaza and lawyer Allan Paguia filed the motion, saying Carpio and Sereno have “interests in the decision of the case and could not be impartial in casting their vote.”
Adaza and Paguia and tax informer Danilo Lihaylihay, lawyer Vladimir Cabigao, former Integrated Bar of the Philippines president Vicente Millora, lawyer Oliver Lozano, journalists Herman Laurel and Rodolfo Salandanan and businessman Rufino Martinez have filed separate petitions asking the SC to issue a TRO on the impeachment trial of Corona.
The petitioners had cited the lack of verification by the 188 signatories as required by the rules and the Constitution.
The SC justices did not issue a TRO when they tackled the consolidated petitions in full-court session last Jan. 17 and instead ordered the respondents to submit an answer.
Corona had inhibited from the deliberations of the case.