Impeachment court has power to issue contempt orders, says spox
The Senate as an impeachment court. Photo by Niño Jesus Orbeta
MANILA, Philippines — The Senate impeachment court has the power to issue a contempt order to any party that disrespects and defies the court.
This was according to Impeachment Court Spokesperson Atty. Reginald Tongol who disclosed the matter to reporters in an online interview on Friday.
In the interview, Tongol said it was written in the impeachment court’s rules — particularly Rule 7– that the presiding officer and the court itself can actually cite for contempt any parties that would “disrespect” the court.
READ: Lawyer named impeachment court spokesperson
“The court has the power to act motu proprio, meaning even if no party makes a motion. The court also has the power to act only when there is a motion, the court will act in contempt,” said Tongol in Filipino.
“It is an option. Any party that disrespects the court, they can be held in contempt by the court, motu proprio or by any motion of any opposing party,” he later on added when he was once again asked if this is applicable to anyone that defies the court’s order.
Despite this, Tongol repeatedly clarified that the issuance of a contempt order is most likely “not something” that Presiding Officer Chiz Escudero intends to do as the latter does not want a “strict application” of rules.
“That is why he did not implement Rule 18, which requires a gag order for all senators-judges and prosecutors regarding the merits of the case,” he said.
Court’s rule on contempt
Tongol was then asked if the court’s rule on contempt is already “in effect” following the impeachment court’s remand of the Articles of Impeachment to the lower chamber — to which he answered yes.
“Yes, you’re right. Because that is an official order by the Senate impeachment court to the House,” he answered promptly.
Along with the return of the documents, the Senate — sitting as a court — has asked the House of Representatives to certify that it did not violate the Constitution for allegedly initiating more than one impeachment complaint in a year.
The court likewise asked the lower chamber to communicate whether or not the 20th Congress is willing and ready to pursue the
But a day after this decision was made, the lower chamber opted to defer acceptance of the Articles of Impeachment returned by the Senate, through a resolution adopted by the chamber.
The lower chamber’s acceptance of the articles of impeachment is deferred until such a time as the Senate, sitting as an impeachment court, has responded to “clarificatory queries raised by the panel of prosecutors relative to the remand of the subject articles.”
Tongol, however, explained that the impeachment court’s decision to remand the articles of impeachment was borne out of its interest in avoiding any constitutional crisis in case the matter reaches the Supreme Court.
“To prevent that from happening, all that was done was for the impeachment court to do its due diligence and return it to the House. And I think the impeachment court also does not intend to hold any person in contempt in the House, because we also do not want to fight the House in terms of this matter,” said Tongol.
“That’s why the impeachment court is doing all its power to prevent such clashes or constitutional crises,” he added.
Still, if the matter progresses, the issuance of contempt order to any disrespectful party will be debated upon by the court on the floor./mr
