Contempt unlikely if House defies Impeachment Court order - spokesperson

Metro Manila, Philippines - The Senate, sitting as the Impeachment Court, can hold even the House of Representatives in contempt for obstructing its proceedings, though its spokesperson said this power is a last resort.

“It is used by the court sparingly. Hindi siya katulad sa legislative na nakikita natin, na pag hindi sumasagot yung witness, ipapacontempt kaagad,” Impeachment Court spokesperson Regie Tongol said in an online interview with reporters on Friday, June 13.

[Translation: It is used by the court sparingly. It’s not like in the legislature where, if a witness doesn’t respond, they’re immediately cited for contempt.]

Under the Rules of Procedure in the Senate When Sitting on Impeachment Trials, the court and its presiding officer have the authority to “preserve order and to cite and punish summarily any contempt of and/or disobedience to its authority, processes, orders, mandates, writs, warrants, or judgments.”

Contempt proceedings follow the Revised Rules of Court, which punish disruptive behavior with fines of up to ₱2,000, imprisonment of up to 10 days, or both for higher courts, with lighter penalties for lower courts.

Tongol was asked whether this would apply to the House of Representatives if it defies the Impeachment Court order to certify that the complaint does not violate the Constitution and that the 20th Congress intends to proceed with the trial.

“It is an option. Any party na mag-disrespect sa korte… pwede silang ipakontempt ng korte, motu proprio o by a motion of any opposing party,” Tongol said.

[Translation: It is an option. Any party that disrespects the court can be cited for contempt - either motu proprio by the court or through a motion filed by the opposing party.]

“Kasi that is an official order by the Senate Impeachment Court on the House. However, kailangan rin natin i-balanse yung interest,” he said.

[Translation: Because that is an official order by the Senate Impeachment Court to the House. However, we also need to balance the interests involved.]

“I think hindi rin balak naman ng Impeachment Court na i-contempt yung any person sa House dahil na rin ayaw na rin naman natin makaaway naman yung House in terms of this matter. That's why the Impeachment Court is doing all its power para hindi magkaroon ng ganong mga banggaan o constitutional crisis na tinatawag,” he added.

[Translation: I don’t think the Impeachment Court intends to cite anyone in the House for contempt, mainly because we also don’t want to create conflict with the House over this matter. That’s why the Impeachment Court is doing everything it can to avoid such clashes or what we call a constitutional crisis.]

Tongol said a senator-judge or any party may file a motion for contempt, which will then be subject to debate.

“Yung buong House ba ang iko-contempt? Si Speaker ba iko-contempt? Or yung mga House prosecutors lang ba? So isa yan sa mga tatalakayin sa Impeachment Court,” he said.

[Translation: Will the entire House be held in contempt? Will the Speaker be held in contempt? Or only the House prosecutors? That is one of the issues to be discussed in the impeachment court.]

On Wednesday, June 11, a day after the court order, the House adopted a resolution certifying that its impeachment of the vice president fully complied with the Constitution. However, it deferred acceptance of the Articles of Impeachment.

Tongol said the Impeachment Court has yet to formally receive the House resolution, which has already been released to the media. He added that he sees no issue with the deferment, noting that the resolution’s passage indicates the willingness to comply.