TRIAL / SENATE SUMMONS CORONA
MANILA, DECEMBER
15, 2011 (STAR) By
Edu Punay (PHOTO - Senate secretary Emma Lirio Reyes receives the Articles of
Impeachment against Chief Justice Renato Corona from Representatives Niel Tupas
(right) and Reynaldo Umali at the Senate yesterday. Manny
Marcelo)
Chief Justice Renato Corona is ready to face an impeachment trial
at the Senate where he expects to get fair treatment, Supreme Court spokesman
Midas Marquez said yesterday.
"The Chief Justice will face all these complaints. Let's just wait for his
reply," Marquez told reporters in a chance interview at the Diamond Hotel after
attending the Christmas party of Manila regional trial court judges.
"We respect the Senate as an impeachment court, as a separate institution. We
have faith in the Senate president," Marquez stressed, adding that Corona is
unfazed by the move of the House of Representatives to impeach him.
"He continues to perform his duties. The other justices also continue to
perform their mandate," Marquez said.
He called the allegations in the Articles of Impeachment "baseless and
unsubstantiated" and "old issues that were just rehashed."
"If you have read the complaint, and I urge all of you to do so, any lawyer
worth his salt will have difficulty finding sustainable charges worthy of a
conviction in an impeachment proceeding," Marquez told the judges in a speech.
In an interview later, he cited as an example the third article in the
impeachment complaint regarding the Chief Justice's alleged "excessive
entanglement" with former President Gloria Macapagal-Arroyo as shown by the
appointment of his wife, Cristina Corona, to public office.
Marquez said this issue had already been resolved during Corona's application
for the top SC post last year.
Marquez also dismissed the allegation that Corona had failed to disclose to
the public his statement of assets, liabilities and net worth (SALN).
He said chief justices and associate justices are not required to make public
their SALN based on a full-court ruling in 1991. Past justices of the high court
have since not disclosed their SALNs.
On accusation that Corona had never issued any ruling against Arroyo, Marquez
said critics should realize that the SC is a collegial body and that the chief
justice's vote constitutes one of the 15 needed to resolve cases.
Marquez also said they saw an impeachment against Corona coming but it still
caught them by surprise because of the speed and manner in which it was carried
out.
He called the impeachment "an assault not only the person of Chief Justice
Corona, not only on his office, not only on the Supreme Court. This is an
assault on all the rights, power and privileges of the entire judiciary."
"We are being forced to surrender our constitutionally mandated powers and
functions to the whim and caprice of political machinations," he lamented.
The SC official said he shared with noted constitutionalist Fr. Joaquin
Bernas the hope "that the justices of the Supreme Court, imperfect though they
may be, will not capitulate and that others in the judiciary will not tremble in
their boots and yield what is constitutionally theirs to the President. If they
do, it would be tragic for our nation."
Marquez expressed belief the impeachment proceedings' only purpose is "to
malign, to smear and to destroy the reputations of the Chief Justice, the
Supreme Court, and the entire judiciary for obvious political reasons and
personal ambitions."
"No doubt, we are staring a constitutional crisis right in its face, however,
prudence dictates that I must confine myself to these few observations," Marquez
said to applause from the audience.
Cut umbilical cord
Marquez's message rang loud and clear to the judges with one, Manila RTC
Branch 24 Antonio Eugenio, incumbent president of Manila Judges' Association and
former president of the Philippine Judges' Association (PJA), even calling on
his colleagues to "cut the umbilical cord" between the judiciary and executive
branches.
He called on his fellow judges to "be independent on our own" and lashed out
at House members for impeaching Corona "based on numbers, on popularity and on
the perception that a majority of the people believe in their action."
Eugenio said even German dictator Adolf Hitler rose to power with massive
popular support.
The PJA was set to meet last night to discuss the issue and plan its next
move. Eugenio said they are considering marching to the Palace.
"We have several options. (Taking it to the street) is one of the options,"
he revealed. Metro Manila judges will wear black today and go on "court holiday"
today to dramatize their protest.
Lawyer Estelito Mendoza said Corona cannot be said to be beholden to Arroyo
because the latter is no longer in power.
"If the issue is utang na loob (sense of gratitude) of the Supreme Court
justices, Congresswoman Arroyo is now powerless and not a sitting president and
she cannot do anything about it," he said in an interview with ABS-CBN News
Channel. "It's more likely that utang na loob will be considered by the
appointees of a sitting President."
Mendoza was legal counsel for deposed former President Joseph Estrada during
his impeachment in 2000 and plunder trial in the Sandiganbayan.
Defective
Noted election lawyer Romulo Macalintal said the impeachment complaint "may
be assailed for being defective for lack of proper verification."
He pointed out there was "no showing that each of the 188 congressmen who
signed the complaint stated that 'they read the contents of the complaint and
the allegations are true and correct of their own personal knowledge or based on
authentic records'."
"This is the form of 'verification' required under the rules of court which
applies to House and Senate rules. A mere 'jurat' which states that the
complaint was 'subscribed and sworn to' is not sufficient verification, making
the complaint an unverified complaint," he said in a statement.
Lawyer Ramon Esguerra of the Integrated Bar of the Philippines called the
impeachment move "mob inspired" and "extra-constitutional." Esguerra raised his
observation in a forum Monday night sponsored jointly by the Office of the
Ombudsman, Transparency International and Management Systems International.
He said that while the IBP subscribes to Aquino's "tuwid na daan" policy, it
is worried the administration may have compromised the independence of the
Supreme Court with the President's show of disdain for the judiciary.
A spokesman for resigned Ombudsman Merceditas Gutierrez, for his part, called
for a work stoppage in the judiciary as protest against the impeachment of
Corona.
"We cannot allow the railroading impeachment of the Chief Justice sitting
down. Lawyers, judges and justices must speak in unison against this patent
violation of due process and brazen assault on the judiciary," lawyer Salvador
Panelo said in a statement.
"I strongly urge a stoppage of all court hearings and court activities
beginning tomorrow and the succeeding days to manifest our strongest protest and
condemnation over the conspiracy between the executive department and the House
of Representatives to oust the Chief Justice and other justices of the Supreme
Court on baseless grounds," Panelo said.
"The impeachment sends a chilling message to the other justices and the rest
of the judiciary that henceforth decisions against the administration cases will
result in the removal from office of the ponente," he said.
Panelo was Gutierrez's spokesman when the latter was still Ombudsman and
facing an impeachment case for allegedly sitting on cases involving the former
president and some of her officials.
Gutierrez resigned on May 6, 2011 days before she was to face an impeachment
trial at the Senate.
Panelo said the judiciary "must make an official stand against what appears
to be P-Noy's continuing assault to the independence and power of the Supreme
Court given to it by the Constitution."
He said Corona "should be steadfast and not bamboozled into resigning."
"P-Noy must be cautioned that not only is he treading on dangerous grounds,
he is also flirting with disaster," Panelo stressed.
Arm-twisting?
Roman Catholic prelates expressed mixed reactions to Corona's impeachment.
Former Novaliches Bishop Teodoro Bacani, a member of the 1986 Constitutional
Commission, said there might be some "arm twisting" involved when House members
signed the impeachment complaint.
"I was surprised by this development because it was (Associate) Justice
Mariano del Castillo who was the focus of their impeachment. I was surprised
when they prioritized Corona. I will tell you the truth, with the sudden
developments, maybe some 'arm twisting from above' took place," Bacani said over
Radio Veritas.
Canon Law expert Malolos Bishop Jose Oliveros said Malacañang may have played
a direct role in the episode.
"I am sad with the turn of events and surprised with the haste which they
impeached Chief Justice Corona. It was a surprise and it was politically
motivated. They said that Malacañang had no hand in it, but its hand can be
clearly seen," Medroso said. "This is politically motivated, and it is sad
because there should be respect for an equal branch of government," he said.
"Let us hope that the dignity of the SC would be maintained. They are saying
that Justice Corona is biased, but so are they. They are biased against Corona,"
he pointed out.
Sorsogon Bishop Arturo Bastes said Corona should pray for impartial treatment
by senators. "It is up to the Senate to decide if Corona would be impeached or
not. Every impeachment is a political process. I just hope that what would
prevail is the interest of the majority of the Filipino people and not their
politicking," the Sorsogon prelate added.
But for Association of Major Religious Superiors of the Philippines (AMRSP)
co-chair Sister Mary John Mananzan, the development – although surprising –
should be welcomed.
"It seemed that justice in the country has become faster. We are not used to
a quick (justice) that is why we are surprised," Mananzan said.
Ready for backlash
House leaders who refused to sign the Corona impeachment complaint –
including some from the majority bloc – said they are ready to face any backlash
from Malacañang.
Nearly 100 lawmakers out of the 284-member chamber did not sign the articles
of impeachment.
Among the administration stalwarts who did not sign were Deputy Speaker and
Cebu Rep. Pablo Garcia, Deputy Speaker and Cavite Rep. Jesus Crispin Remulla,
Senior Deputy Majority Leader and Ilocos Norte Rep. Rodolfo Fariñas, and Deputy
Majority Leader Roman Romulo.
Camarines Sur Rep. Rolando Andaya Jr., vice chairman of the House committee
on appropriation; Batangas Rep. Hermilando Mandanas, chairman of the House ways
and means committee; Leyte Rep. Sergio Apostol, chairman of the House committee
on banks; Camiguin Rep. Pedro Romualdo, and Cagayan de Oro Rep. Rufus Rodriguez
were also among the ranking lawmakers who did not sign the document.
Not all, however, explained their reasons why they did not affix their
signatures to the articles of impeachment.
"I was very uncomfortable to say the least when they were asking me to sign
the complaint. How could I sign something without studying it first? That's a
prudent and fair move. I was elected to do the right thing for the people not
just because it's popular," Remulla told The STAR.
He, however, stressed that Speaker Feliciano Belmonte Jr. never exerted any
pressure on House members when the impeachment complaint was first presented to
them in an all-majority caucus
"He (Belmonte) made it clear that this signing was voluntary," Remulla said.
"But I felt there are other forces in this issue…
"To us lawyers, the Supreme Court is the last refuge for justice and this
(impeachment) is a very serious matter," he said.
Navotas Rep. Tobias Tiangco delivered a privilege speech announcing his
departure from the administration bloc and relinquished his chairmanship of the
House committee on Metro Manila development. He said he had tried to convince
himself to sign the document so as not to delay the release of his Priority
Development Assistance Fund.
"But when the document was presented to me, I could not bring myself to do
it. I do not want to catch the ire of the President. With all his powers, life
can be miserable for you and your constituents," Tiangco said.
"Why the haste? Why not give him (Corona) due process? This is not about
P-Noy or GMA. This is about the integrity and independence of the Supreme
Court," he said.
"There was no time for questions, there were no copies and there were no
deliberations," Mandanas said. "I should be responsible for my actions."
"There's no list of evidence. No list of witnesses. But that's water under
the bridge now. They have more than enough numbers and I respect the decision of
the majority," Rodriguez said. With Paolo Romero, Evelyn
Macairan, Artemio Dumlao, Michael Punongbayan, Perseus Echeminada
Senate summons CJ By Christina Mendez (The
Philippine Star) Updated December 15, 2011 12:00 AM
[PHOTO - Senators pose for a family photo after taking their
oath as members of the impeachment court which will try Chief Justice Renato
Corona. Manny Marcelo]
MANILA, Philippines - The Senate formally directed Chief Justice Renato
Corona yesterday to answer the Articles of Impeachment filed against him before
the Senate, which convened as an impeachment court.
Senate President Juan Ponce Enrile, presiding over the impeachment court,
approved Resolution No. 1 which provided the issuance of summons on the Articles
of Impeachment.
The resolution also stated that the Senate has the "sole powers to try and
decide all cases of impeachment" under Article XI Section 3 (6) of the
Constitution. Corona is ordered to answer the Articles of Impeachment within a
non-extendible period of 10 days from period of receipt. He is also ordered to
appear before the Senate at 2 p.m. at the end of the time period.
Senate legal counsel Ma. Valentina Cruz, designated spokesperson of the
impeachment process, said the Senate expects to present the summons today.
The 10-day count starts on Friday and is expected to end on Christmas Day.
After Corona files his reply, the House prosecutors will be given five days
to respond.
The impeachment proceedings will start when the Senate resumes session on
Jan. 12.
The Senate has suspended its legislative function to give way to the
impeachment process.
All 23 senators emerged from the senators' lounge at past 4 p.m. yesterday.
Senate Sergeant-at-Arms Gen. Jose Balajadia carried the Senate seal, followed by
the Senate President and the senators.
As the "Benjamin of the House" or the youngestmember, Sen. Antonio Trillanes
IV swore in Enrile who, in turn, administered the oath taking of the senators as
judges.
The senators swore to "do impartial justice according to the Constitution and
laws of the Philippines."
Sen. Lito Lapid, who is only a high school graduate, said he is ready to face
his responsibilities during the trial. He said he will study the procedures of
the trial with the help of some lawyers.
"May mga nang-iinsulto… Sila nga abogado, may abogado pa eh. Ako pa kayang
hindi abogado (I have been receiving insults… Those who are already lawyers seek
the counsel of lawyers. What more I, who is not a lawyer)," he said in a radio
interview.
The senators wore Oxford crimson robes patterned after parliament robes used
by the British monarchy as suggested by Sen. Miriam Defensor-Santiago.
The impeachment trial of Corona is the second to be conducted in the country
following the impeachment trial of ex-President Joseph Estrada in late 2000 to
early 2001.
Enrile vowed that Corona will be given a fair and impartial impeachment
trial. "I think that we have to accept the fact that there's an adversarial
position between the two departments of government. So, it's better for us in
the Senate to be as reticent as we could so we will be able to judge the issues
carefully, impartially and fairly," he said.
Senate Minority Leader Alan Peter Cayetano said the impeachment case against
Corona should be defended well by House prosecutors to convince two thirds of
the Senate – 16 senators — to convict him. "Being a political but judicial
process, you need substantial numbers because the impeachment of an impeachable
officer is not to be taken lightly. So the Constitution really made the process
hard by asking for a two-thirds vote from the body," he said.
'Worst fear of the judiciary'
Sen. Santiago said the instability that has now emerged with the impeachment
of Corona has created doubt on the integrity of the judicial system.
"These are very disturbing times. When you impeach the chief justice, those
who are against his policies, maybe unrelated to the ongoing controversy, will
also seize the opportunity to rise against him. So that becomes an atmosphere of
instability," Santiago said.
She also raised concern that the people might start losing faith in the
integrity of the decisions of the lower courts as a result of the impeachment.
"Instability becomes the worst fear of the judicial system because if it is
unstable, people will no longer believe in the integrity of its decisions and
that will destroy our democracy," she added.
Santiago said Corona's impeachment by the allies of the administration has
instilled fear among justices of the Supreme Court (SC).
Corona was accused of protecting the interests of former President Gloria
Macapagal-Arroyo through at least 19 rulings handed down by the SC.
"Of course, all justices of the Supreme Court will be frightened to death.
They will be frightened half out of their wits to write what they truly feel
should be the proper decision according to law and the facts because they are
afraid that if they issue a so-called politically wrong decision or politically
incorrect decision, they might be threatened also with impeachment. That is the
problem with impeaching the chief justice," Santiago said.
"This has now become a country of fear. Everyone is in fear for himself at
least in the judicial system," she added.
Corona, through the SC spokesman, has repeatedly noted that the decisions in
question should not be credited to him alone because his vote is only counted as
one.
There have been speculations that the other justices who cast the same vote
as Corona would also be subjected to impeachment.
Santiago said that the supposed allegiances of the justices would now be
known through their rulings. She said justices would now either side with Aquino
or with Arroyo, or be independent.
"We will have to see where this story will take us because this is the first
time it has happened in our history as well as the history of other tripartite
democracies like ours," she said.
Indication of political instability
Other senators expressed concern over the repercussions of the clash between
President Aquino and Corona.
Sen. Joker Arroyo believes the country is already having a constitutional
crisis.
"It's now happening and this is not good because it is not good for the image
of the country. The foreign countries will think that there is political
instability in the Philippines because the President and the Chief Justice are
quarreling," he said.
"This is unprecedented. It has never happened in the past that a president
and a chief justice are openly quarreling. Now it is happening and the House has
impeached," he added.
Senate President Pro-Tempore Jinggoy Estrada said both parties should stop
throwing invectives at each other because the matter is now in the hands of the
Senate.
Sen. Ralph Recto, meanwhile, believes the instability will drive away
investors.
"Who will commit resources in this country next year if they know there is
instability of some sort, political stability… The executive and the Supreme
Court are clashing. This is not good," he said. Yesterday, courts declared a
holiday in support of Corona as he defended himself in a speech delivered at the
Supreme Court. In his speech, Corona said the administration is moving towards
dictatorial rule by gaining control of Congress and now, the judiciary.
He said that he is willing to face the impeachment trial.
When sought for comment on Corona's speech, Enrile declined to give a
reaction, saying he wants to be objective.
"At least, I can speak for myself that's why I do not want to listen to any
discussions. I want to have an open, clean, serene mind," he said.
Call for sobriety
Earlier in the day, Enrile called for sobriety from both sides.
Enrile and Santiago said Malacañang and the public should respect the court
personnel's right to assembly and freedom of expression.
"These are very disturbing times. During the time when I was an RTC judge, it
never entered our heads to protest anything the Supreme Court told us to do. But
now they feel they have to avail of their freedom of association and freedom of
assembly," Santiago said. Sen. Panfilo Lacson said court employees had the right
to express support for the Chief Justice.
"If you are attacked before the public, it is also within your right to
answer these before the public," he said. Sen. Franklin Drilon, an ally of
President Aquino, said Corona should channel his efforts in answering the
Articles of Impeachment filed against him.
"I wish the Chief Justice will stay cool. Do not lose his equilibrium and
maintain the integrity of the Office of the Chief Justice. There is a proper
time to answer all these charges and this is in the impeachment court," he said.
– With Marvin Sy
Chief News Editor: Sol Jose Vanzi
© Copyright, 2011 by PHILIPPINE HEADLINE NEWS ONLINE
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