IBP: Supreme Court judicial power covers impeachment trial

MANILA, Philippines - The Integrated Bar of the Philippines (IBP) has joined calls for the Senate, sitting as impeachment court, to respect the temporary restraining order (TRO) issued by the Supreme Court (SC) on the examination of dollar bank deposits of Chief Justice Renato Corona.

“The power of the Supreme Court of judicial review over acts of Congress applies whether the Senate is acting as legislature or impeachment court. The Constitution has not made any distinction,” IBP spokesman and Northern Luzon governor lawyer Dennis Habawel said in a statement.

The IBP said that the SC issued the TRO upon its expanded power of judicial review in connection with the issue of whether Congress may violate its own law when acting as impeachment court.

With this position, the IBP slammed the threat of Ilocos Norte Rep. Rodolfo Fariñas to initiate impeachment proceedings against the eight SC justices who voted for the issuance of TRO enjoining the Senate from implementing its subpoena on the five foreign currency accounts in Philippine Savings Bank (PSBank) reportedly in the name of Corona.

The group believes that such threat, “in effect, shows that Congress wants to remove the power of judicial review from the SC over acts of Congress.”

The IBP said the threat from a prosecutor to impeach the eight justices for issuing a TRO on the disclosure of CJ’s dollar accounts exemplifies IBP’s stand that the separation of powers doctrine and the judiciary’s independence are undermined whenever Congress impeaches a justice based on a collegial decision that it does not agree with.

“The Constitution did not give Congress the power of impeachment so it could violate the doctrines of separation of power and the bill of rights. That would be like Congress biting the hand that feeds it,” IBP stressed.

The Manila Judges’ Association also expressed belief that the SC has jurisdiction on interlocutory rulings of the impeachment court and may pass judgment on legal questions raised during trial – a point already affirmed earlier by noted constitutionalist Fr. Joaquin Bernas.

Manila Regional Trial Court Branch 24 Antonio Eugenio, MJA president and former president of Philippine Judges’ Association, on the other hand, rebutted the claim of the Palace and its allies in Congress that the impeachment court is beyond the coverage of SC’s power of judicial review.

“If impeachment court is not an agency of government so that it is beyond the reach of a TRO issued by the SC, then why is the impeachment court utilizing government resources with the senators still receiving salaries and allowances?” Eugenio argued.

Meanwhile, veteran lawyer Romulo Macalintal advised the PSBank and its president Pascual Garcia III to also abide by the TRO and stand firm on questions pertaining to the supposed dollar accounts of Corona in their bank.

“There will be no defiance on the part of PSBank official if he refuses to declare whether or not CJ Corona maintains a dollar account or refuses to answer any question related to such bank,” Macalintal said in a statement.

He said it would be best for the bank official to keep mum on this issue for the meantime to avoid possible criminal liability.

He added that Garcia can invoke his constitutional right against self-incrimination because if he admits existence of or talks about Corona’s dollar account, he will violate its confidentiality under Republic Act 6426; and if he says there is no such account and turns out there is, he would be liable for false testimony, warned the veteran lawyer who has been conducting independent analysis of the historic trial.

“Either way, PSBank cannot be compelled to make any revelation nor can he be cited for contempt of court,” he added.  

For its part, Malacañang is keeping a safe distance from the impasse between the SC and the impeachment court over the TRO.

Deputy presidential spokesperson Abigail Valte said it would be up to the Senate under the leadership of Senate President Juan Ponce Enrile – the presiding judge – on how to go about the TRO, whether to defy or abide by it. – With Delon Porcalla