Two senators on Monday warned the House justice committee on provoking a constitutional crisis if it pushes through with the issuance of a subpoena or an arrest warrant against Chief Justice Maria Lourdes Sereno to attend the impeachment proceedings against her.
Senate Minority Leadear Franklin Drilon said House justice panel chairman Reynaldo Umali should “exercise extreme caution” as issuing a subpoena against Sereno has “no basis” in the first place.
“The power of Congress to issue a subpoena and order the detention of a witness who refuses to obey the subpoena is available only in investigations in aid of legislation. It is not available in an impeachment proceeding,” said Drilon, a former Secretary of Justice.
“In effect, a subpoena will compel Sereno in an impeachment complaint to testify against herself. I therefore urge Congressman 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,” Drilon added.
Senator Francis “Chiz” Escudero, a former chairman of the Senate Committee on Justice, echoed the sentiment of Drilon, saying there will be a constitutional crisis if Sereno refuses to comply with a subpoena.
“It may result in a constitutional crisis if the CJ refuses to attend. But if I remember correctly, the attendance/participation of the respondent in an impeachment case, or in any case for that matter, cannot be compelled to give evidence vs himself/herself even if he/she attends,” Escudero said.
Over the weekend, Umali said the House justice committee could have Sereno arrested should she continue to ignore invitations to attend hearings regarding her impeachment.
A television report said Umali cautioned Sereno that the committee may be forced to file a subpoena against her should she not show up at the proceedings.
With the subpoena, Sereno could be arrested if she still chooses not to attend.
Source: GMA News
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