Justices can't be forced to testify: High Court

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Thursday, February 16, 2012

MANILA (Updated 4:44 p.m.) -- Supreme Court (SC) justices said they could no longer be compelled to testify especially on decisions that questioned the impartiality and integrity of Chief Justice Renato Corona.

In a 28-page resolution obtained by Sun.Star, the SC said the required attendance of justices "now appears to be moot and academic" due to the February 8 ruling of the impeachment tribunal.

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Citing the time-honored confidentiality of the High Court in the disposition of cases and separation of powers, the senator-judges said last week that justices who are subjects of a subpoena cannot be forced to testify but they can still do so voluntarily.

"From the constitutional perspective, a necessary starting vantage point in this consideration is the principle of separation of powers through the recognition of the independence of each branch of government and through the protection of privileged and confidential documents and processes, as recognized by law, by the rules and by Court policies," the resolution stated.

As a result, the SC denied the House prosecutors' request to look into the records of the following pending cases: illegal retrenchment charges filed by the Flight Attendants and Stewards Association of the Philippines (Fasap) against the management of Philippine Airlines; the creation of 16 new cities including the promotion of Dinagat Island into a province; and the temporary restraining order issued by the High Court on the Department of Justice watchlist order on former President Gloria Macapagal-Arroyo.

"The deliberative process can be impaired by undue exposure of the decision-making process to public scrutiny before or even after the decision is made," the resolution read.

Specifically, the Internal Rules of the Supreme Court prohibits the disclosure of the result of the raffle of cases, actions taken by the Court on each case included in the agenda of the en banc session and deliberations on pending cases and administrative matters. (Sunnex)