(Leo is a former investment banker and management consultant. He is a graduate of the London School of Economics (B.Sc. and M.Sc.).
Midway into the impeachment trial, there are two issues which could bear on the final outcome, one of which is unresolved, the other is not.
The first is the matter of the Supreme Court’s TRO on the disclosure of the CJ’s dollar accounts. In abiding by it, the Senators have accepted the Court’s jurisdiction on the Impeachment even as they (half-heartedly) reiterate their pre-eminence over the trial.
To be more exact, this is the Senators’ stance: They are omnipotent except when the Supreme Court decides otherwise; in which case they will accept the latter’s interference for as long as it is temporary (as in Temporary Restraining Order). If and when, God forbid, the Court does finally decide on the issues, the Senate will take it on advisement and hold its breath hoping the matter will go away or the clock runs out. In whatever case the Impeachment Court is equal, repeat equal, if not superior to the Supreme Court.
Sounds to me like the Senate whistling in the dark.
Right now, the last thing neither the Senators, nor the Supreme Court, nor the fear mongers want is for the SC to decide on the CJ’s dollar accounts; because it could trigger a constitutional crisis between the Senate and the Supreme Court.
The CJ’s announcement that he will soon disclose his dollar holdings should make the matter academic. However, if he does not, the Senate should bring the matter to a head because the current situation is, well, absurd.
If the Constitution wanted the SC to be the final arbiter of an impeachment it would have said so. The Constitution does provide enough safeguards to arbitrary impeachment namely the requirement for a one-third vote of the House and a two-thirds vote of the Senate. What the Constitution did not envisage is for the Court to be, effectively, the ultimate judge on an impeachment of one of its members.
To take the argument to its most absurd, what if it was not one but all fifteen SC judges who were being impeached for owning suspicious dollar accounts? Would the Senate still accept the judges’ TRO on the latter i.e. grant them the power over their own destiny?
Disclaimer: The views in this blog are those of the blogger and do not necessarily reflect the views of ABS-CBN Corp.