Rep. Umali says justice panel can order 'arrest' of CJ Sereno

House Justice Committee chairman Rep. Reynaldo Umali said on Sunday morning that the panel has the power to issue an arrest order for Chief Justice Maria Lourdes Sereno in connection with the impeachment complaint against her.

In an interview on Super Radyo dzBB, Umali also said that the order doesn't even need the approval of Speaker Pantaleon Alvarez.

Sereno has refused to appear before the committee to answer allegations against her in the impeachment complaint now being discussed in the House panel for the determination of probable cause.

Umali: Kung mayroon talagang mga bagay na dapat siyang testiguhan, marahil magi-isyu ang komite ng subpoena.

— DZBB Super Radyo (@dzbb) November 25, 2017

Umali: Kung hindi sinunod (ni CJ Sereno ang iisyung subpoena), ma-oobliga na tayo na mag-isyu ng warrant.

— DZBB Super Radyo (@dzbb) November 25, 2017

But this, Umali said, is the last resort. 

In a separate interview on dzBB, Attorney  Carlo Cruz, one of the spokespersons for Chief Justice Sereno, said that the justice committee should consider the principle of separation of powers of the three branches of government.

"Dapat tingnan na ang bawat sangay ng pamahalaan ay may kasarinlan sa ilalim ng ating sistema," he said. 

However, Umali,  in the earlier interview, pointed out that Sereno is a respondent of an impeachment case.

But Cruz, said that Sereno is still the Chief Justice even if she is a respondent.

"Hindi naman nawawala ang kanyang pagiging punong mahistrado dahil nanging respondent siya sa impeachment case."

Unopposed evidence

On Monday,  the House justice committee will continue with the hearing of the determination of probable cause of the impeachment case. 

Last week, Sereno refused to appear before the committee to defend herself from the accusations, with her camp insisting the right to cross-examine the witnesses. 

Umali said, "Ang first option is dahil hindi siya humarap e 'di kung ano man yung ebidensiyang naihain na hindi na-controvert o hindi nakontra ay siyang mananatili at magiging basehan ng komite." 

"Now on the other hand, 'pag meron talagang mga bagay na dapat niyang testiguhan ay marahil ay mag-isue [ang] komite ng 'ika nga ay subpoena at siyempre 'pag subpoena, coercive powers 'yan at hindi po sinunod ay maoobliga tayong magissue ng warrant." 

He said that such "coercive power" can be used by the panel while separation of powers on a co-equal branch could not be invoked in the impeachment proceeding.

"Sa aking pananaw ay ang poder ng Committee on Justice at ng impeachment prosecutor ay...meron kaming poder para gamitin ika nga yung coercive power ng komite under the Constitution so this is a Constitutional power to pursue a Constitutional mandate of which yung respondent ay respondent," Umali said.

"Therefore yung ganong power ang ibig sabihin separation of powers on co-equal branch may not be invoked in this particular instance," he added.

Earlier, Sereno said that she had formally tasked her legal team to act on her behalf in all stages of her impeachment proceedings.

The top magistrate had also insisted on her right to counsel and cross-examine the witnesses that will be presented in the proceedings through her counsel.

But panel denied the Chief Justice's legal counsel the chance to cross-examine the witnesses.

Sereno is being accused of culpable violation of the Constitution, corruption, other high crimes and betrayal of public trust filed by Lawyer Lorenzo "Larry" Gadon.

The impeachment complaint against her has been determined sufficient in form, substance and also with sufficient grounds.  —LBG, GMA News