Prosecutor retracts plan to impeach justices

Friday, February 10, 2012

PROSECUTOR Rodolfo Farinas said he will withdraw his plan to initiate a resolution of impeachment against the eight Supreme Court (SC) justices who voted to stop the subpoena of bank records after learning that the House Speaker will not support such move.

Farinas earlier said he will not push through with a resolution of impeachment if the House leadership will not support it.

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In a text message, House Speaker Feliciano Belmonte Jr. said "he's (Farinas) just feeling frustrated. I would not support it myself."

Eight SC justices on Thursday voted in favor of the issuance of a temporary restraining order (TRO) on the subpoena of PSBank records.

The lawmaker from Ilocos Norte said the issuance of a TRO is an encroachment to the powers of the Senate, which, under the Constitution, has the sole power to try and decide on impeachment cases.

The eight justices who voted in favor of the issuance of a TRO are Associate Justices Teresita Leonardo de Castro, Arturo Brion, Roberto Abad, Jose Perez, Lucas Bersamin, Martin Villarama, Bienvenido Reyes, and Jose Mendoza.

"If the Speaker, who is one of the 188 who filed the case against Corona, says he is not interested, so be it! With more reason I would not either, as I am not even a complainant in the present case," Farinas said in a text message Friday.

Farinas did not sign the impeachment complaint against Corona that was signed by at least 188 of his colleagues.

The lawmaker-prosecutor earlier cited Article IV of the impeachment complaint against Corona -- the blatant disregard of the principle of separation of powers by issuing a status quo order against the House of Representatives in the case concerning the impeachment of then Ombudsman Merceditas Gutierrez -- to stress that justices who interfere with a co-equal branch should face an impeachment trial.

Lead prosecutor Niel Tupas Jr., chairman of the House Committee on Justice, clarified that the "House leadership has not yet decided on that issue."

"I think we should first finish the Corona trial before we discuss another impeachment," he said in a text message.

The Movement 188 -- a group composed of the 188 signatories in the impeachment complaint against Corona -- led by Eastern Samar Representative Ben Evardone, a close ally of President Benigno Aquino III, said he will abide by whatever decision the majority coalition will adopt on the issue.

Opposition lawmaker Zambales Representative Mitos Magsaysay, meanwhile, chided the calls to impeach the eight SC justices, saying the prosecution is playing fast and loose with ousting members of the judiciary.

Magsaysay pointed out that there is hardly any work getting done in Congress because of the impeachment proceedings and yet allies of President Aquino are pushing to sign fresh complaints.

"The justices have the right to vote as they see fit and based on the merits of the motion submitted to them by the bank. The prosecution, particularly Representative Fariñas has no right to threaten the justices with another impeachment because they voted according to their beliefs," she said. (Sunnex)