STRESSING that courts have no jurisdiction over the impeachment process, Sen. Miriam Defensor-Santiago has cautioned the Supreme Court against any attempt to pursue any “judicial review” of the impeachment trial of Chief Justice Renato Corona. 

She said that Congress has the responsibility to preserve the forms and precepts of the Constitution. “It is not only the courts that can determine issues of constitutionality. It is not sensible to allow the Supreme Court to review the final decision of the Senate as an impeachment court,” Santiago said.  

“Otherwise, an impeached and convicted Chief Justice could go back to the Supreme Court for the rest of his term, which is absurd.  No reinstated Chief Justice would be able to regain his aura of legitimacy,” she said.

Speaking during the joint annual convention of the Philippine Society of Hypertension and Philippine Lipid and Atherosclerosis Society, Santiago said that courts decide constitutional questions which arise from cases over which they have jurisdiction. 

“Courts have no jurisdiction over the impeachment process.  Impeachment is quasi-judicial in the sense that it aims at fairness, impartiality, and decision according to law,” the senator said. Santiago opted to go home right after her speaking engagement after she again fell ill.

However, Santiago maintained that the Senate, sitting as impeachment court, should have granted the earlier petition of Corona’s defense team to conduct first a pre-trial conference even if it would result in some delay in the impeachment proceedings.

“Avoiding delay in trial is provided for by the Rules of Court by means of a pre-trial conference.  It is unfortunate that the Senate denied the defense motion for pre-trial.  Therefore, we are left with only the procedure of asking both counsel (panels) to make stipulations on uncontested facts,” she said.  

“I humbly propose that before the prosecutor presents his witness on direct examination, he should declare the purpose of the testimony, and ask defense counsel if the latter will stipulate that the witness will testify to a fact which defense counsel does not contest.  Thus, the testimony in open court of the witness can be waived and time is saved,” Santiago said. 

Sen. Teofisto Guingona III said the Supreme Court and the Senate are not on “equal footing” on occasions wherein the Upper Chamber has to assume its constitutionally-mandated role to sit as an impeachment court.

“The impeachment proceeding is the people’s way of making public officials accountable. The people through the Constitution repose this power on Congress. The Senate as impeachment court is independent,” Guingona said at the start of the impeachment trial. 

“Since the impeachment court is independent and “a class of its own, the Supreme Court cannot and should not impose its will on this body because at this is point we are not co-equal branch of government,” he said.

Guingona added:”We are co-equal if we are exercising legislation. But at this point, we are not legislating. We are exercising special judicial function, sitting as impeachment court.  Sana makita ng Korte Suprema ang puntong iyon.”