Article 4. Respondent betrayed the public trust and/or committed culpable violation of the Constitution when he blatantly disregarded the principle of separation of powers by issuing a status quo ante order against the House of Representatives in the case concerning the impeachment of then Ombudsman Merceditas Gutierrez.
ASSIGNED PROSECUTORS: Akbayan Rep. Kaka Bag-ao (lead), Oriental Mindoro Rep. Reynaldo Umali
BACKGROUND: In September 2010, the SC issued a status quo ante order blocking the impeachment proceedings against then Ombudsman Merceditas Gutierrez in the House of Representatives. They promulgated the order a day after Gutierrez filed her petition even if not all the judges had received or read it. The SC, under Corona, committed a “tyrannical abuse of power†and violated the principle of separation of powers when it issued the order against Congress, a co-equal branch of government.
CORONA’S ANSWER:
1. There was no undue haste in the issuance of the status quo ante order. Under the SC’s internal rules, petitions for a temporary restraining order can be included in the Court’s agenda and acted upon promptly.
2. The Court’s internal rules do not require copies of petitions to be furnished to all Justices when it is identified as urgent. Only the member-in-charge and the Chief Justice are required to have copies.
3. The principle of separation powers is not absolute. Following Article 8, Section 1 of the Constitution, he SC has the power to determine whether the House of Representatives abused its powers in the impeachment proceedings against Gutierrez. Gutierrez also raised a valid issue in her petition: whether the House violated a ban on more than one impeachment complaint against an official within a year.
PROSECUTION’S REPLY:
1. It is undeniable that Gutierrez’s petition was acted upon with undue haste. The SC issued the status quo ante order on September 14, 2011, just a day after Gutierrez filed her petition.
2. Corona was protecting Arroyo’s interests in blocking efforts to impeach Gutierrez, who is also known as a coddler of the former President.
3. Corona should have respected and not encroached on the powers of the legislature, a co-equal branch of government. He acted like a “judicial bully,†trampling upon the principle of separation of powers.
4. Like the principle of separation powers, the SC’s power of judicial review is also not absolute and must be exercised responsibly.
ASSIGNED PROSECUTORS: Akbayan Rep. Kaka Bag-ao (lead), Oriental Mindoro Rep. Reynaldo Umali
BACKGROUND: In September 2010, the SC issued a status quo ante order blocking the impeachment proceedings against then Ombudsman Merceditas Gutierrez in the House of Representatives. They promulgated the order a day after Gutierrez filed her petition even if not all the judges had received or read it. The SC, under Corona, committed a “tyrannical abuse of power†and violated the principle of separation of powers when it issued the order against Congress, a co-equal branch of government.
CORONA’S ANSWER:
1. There was no undue haste in the issuance of the status quo ante order. Under the SC’s internal rules, petitions for a temporary restraining order can be included in the Court’s agenda and acted upon promptly.
2. The Court’s internal rules do not require copies of petitions to be furnished to all Justices when it is identified as urgent. Only the member-in-charge and the Chief Justice are required to have copies.
3. The principle of separation powers is not absolute. Following Article 8, Section 1 of the Constitution, he SC has the power to determine whether the House of Representatives abused its powers in the impeachment proceedings against Gutierrez. Gutierrez also raised a valid issue in her petition: whether the House violated a ban on more than one impeachment complaint against an official within a year.
PROSECUTION’S REPLY:
1. It is undeniable that Gutierrez’s petition was acted upon with undue haste. The SC issued the status quo ante order on September 14, 2011, just a day after Gutierrez filed her petition.
2. Corona was protecting Arroyo’s interests in blocking efforts to impeach Gutierrez, who is also known as a coddler of the former President.
3. Corona should have respected and not encroached on the powers of the legislature, a co-equal branch of government. He acted like a “judicial bully,†trampling upon the principle of separation of powers.
4. Like the principle of separation powers, the SC’s power of judicial review is also not absolute and must be exercised responsibly.






























