Senate won't summon justices

MANILA, Philippines - The impeachment court led by Senate President Juan Ponce Enrile denied last night the motion of the prosecution to summon four justices of the Supreme Court and bring with them court records pertaining to the case of the Flight Attendants and Stewards Association of the Philippines (FASAP).

The Senate said the issuance of the subpoena would transgress the separation of the three branches of government.

The prosecution had asked the court to call to the witness stand Associate Justices Martin Villarama, Maria Lourdes Sereno, Bienvendio Reyes and Presbitero Velasco Jr.

“The theory of separation of powers... each department has cognizance on powers of its jurisdiction... and is supreme on its own sphere,” the impeachment court said.

The four justices are being asked to appear and testify regarding AM 11-10-1-SC on the letters of lawyer Estelito Mendoza and case number GR 18083 on the FASAP case, as well as to bring the SC decision of Oct. 4, 2011.

“While the House has the exclusive power to impeach and the Senate to try impeachment case, it is still the Congress which is a branch of government... the Senate is not insulated from the separation of powers,” it added.

“The doctrine of the separation of powers has exclusive prerogative... to maintain the balance of power among all three branches... This will enjoin one branch from lording it (over) another,” the decision read.

The impeachment court cited Section 2, Rule 10 of the internal rules of the Supreme Court on confidentiality of court sessions.

“It is therefore unequivocal in the above rule that the sessions of the SC are executive in character... (therefore) confidential,” the court’s resolution read.

“This court cannot do so without transgressing the basic rule on separation of powers,” it added.

The internal rules of the SC are culminated by the power of Section 5, paragraph 5 of the 1987 Constitution.

In a portion of the impeachment court’s resolution as read by impeachment clerk of court and Senate secretary Emma Lilia Reyes, the body noted the rule making the power of the SC “is that it must not diminish substantial rights.”

“(Subpoenaing the justices would make this body) omniscient over a coequal department... which may run afoul with the tripartite government,” the motion added.

Senators Teofisto Guingona III and Aquilino “Koko” Pimentel concurred with the resolution but questioned a portion that said the impeachment body is a coequal of the judiciary.

Senators Alan Peter Cayetano, Pia Cayetano and Francis Pangilinan concurred with the ruling, although Pangilinan said he would file a written manifestation on his position.

Under Article 3 of the Articles of Impeachment, Corona is accused of culpable violation of the Constitution and betrayal of public trust for his “failure to meet and observe the stringent standards of the Constitution that a member of the judiciary must be a person of proven competence, integrity, probity and independence in allowing the Supreme Court (SC) to act on mere letters filed by a counsel which caused the issuance of flip-flopping decisions in final and executory cases,” among others.

The prosecution specifically cited the SC resolution recalling its decision on the illegal retrenchment case filed by FASAP.

The prosecution wanted to prove that Corona and his wife received “special privileges” from Philippine Airlines (PAL) while cases involving the airline and FASAP were pending with the SC.

They said the high court reversed itself on the retrenchment case of members of FASAP, acting on a mere letter from Mendoza acting as PAL counsel.