SC ‘lacks jurisdiction’ over Corona impeachment petitions
Tuesday, December 20, 2011
MEMBERS of the 11-man panel tasked to prosecute Supreme Court (SC) Chief Justice Renato Corona in a Senate trial next month said that Congress is empowered by the Constitution to remove an erring public official.
This developed as three lawyers asked the SC to stop the Senate from proceeding with the impeachment trial of the Chief Justice, citing the speedy approval of the House resolution impeaching Corona.
At least 188 members of the House of Representatives signed the resolution last December 12 and the articles of impeachment were elevated to the Senate the next day.
Senators, wearing red robes, then constituted themselves on December 13 as an impeachment court which will weigh on the allegations of graft and corruption and other violations of the Constitution.
All petitioners sought a temporary restraining order and writ of prohibitory injunction against the Senate impeachment court.
For Cavite Representative Elpidio Barzaga Jr., the SC should dismiss the petitions on the ground of lack of jurisdiction.
Barzaga said that the Constitution grants the House the exclusive power to initiate an impeachment complaint and the Senate to try and decide on impeachment cases.
“If the SC would exercise its power to review the acts of Congress and the Senate pertaining to impeachment case, the constitutional power of the House and the Senate might be negated. It would be illusory,” he told reporters.
The lawmaker added that if the SC pursues the petition, the public would think that a decision rendered by the High Tribunal will not be impartial as the impeachment case involved is that of its Chief Justice.
Bayan Muna Representative Neri Colmenares echoed the sentiment of Barzaga saying that the SC “should just let the impeachment run its course in the Senate”.
The Senate is set to start the impeachment trial against the Chief Justice when Congress resumes session on January 16.
Barzaga and Colmenares, along with the other members of the prosecution panel, met Tuesday to discuss the organizational structure and assignment of the eight articles of impeachment.
House Committee on Justice chairman Niel Tupas Jr. said the prosecution panel has been allotted with P5 million for the trial.
Cavite Representative Joseph Emilio Abaya, however, said that if the Corona resigns during the Christmas break, he would help “save a lot of the people’s money”.
Corona earlier refused to heed resignation calls and will face the trial instead.
Third petition filed to stop Corona’s impeachment trial
Meanwhile, a veteran lawyer sought the junking of the impeachment trial of Corona.
In a 23-page petition, former Integrated Bar of the Philippines (IBP) president Vicente Millora asked the Supreme SC to nullify the articles of impeachment that was passed by an overwhelming majority in the House of Representatives last week.
Millora, a practicing lawyer for 53 years, said the 188 lawmakers acted with “grave and blatant abuse of discretion” when they rushed to sign the complaint without studying the contents.
He said that the lawmakers connived with President Benigno Aquino III, who has since expressed his disgust over Corona’s alleged midnight appointment and adverse rulings toward the Executive department.
“President Aquino assaults the SC whenever he feels doing it. But the unpardonable attack against the SC is his reference to the SC as a ‘den of corruption.’ Who will now believe the SC? The damage to the SC is irreparable,” the petition read.
It is also arguable that Corona has been partial toward cases involving former President Gloria Macapagal-Arroyo, Millora said, since a decision in any dispute brought before the Court necessarily affects any party.
“May the bias of a member or all of the members affect the validity, the wisdom or the justness of the decision of the SC as a body? Are not the members human and naturally with certain individual biases or prejudices? But who is without?” he asked.
On Monday, lawyers Vladimir Cabigao and Danilo Lihaylihay filed separate petitions before the High Court asking to stop the 23-man Senate from proceeding with the trial.
Last year, Lihaylihay filed a plunder charge against Arroyo for the alleged anomalous sale of a property owned by Iloilo airport to Megaworld Corp. in 2007.
Arroyo is now detained for poll sabotage charges. (Kathrina Alvarez/Virgil Lopez/Sunnex)
http://www.sunstar.com.ph/manila/local-news/2011/12/20/sc-lacks-jurisdiction-over-corona-impeachment-petitions-196740
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Yats Restaurant & Wine Bar
Mimosa Drive past Holiday Inn, Mimosa Leisure Estate,
Clark Freeport Zone, Pampanga, Philippines 2023
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