SEEKS DISMISSAL OF IMPEACH
MANILA, DECEMBER
28, 2011 (STAR)
By Delon Porcalla - President Aquino has asked his legal advisers for a
list of names for the possible replacement for Chief Justice Renato Corona who
is set to face a Senate impeachment trial next month, Palace spokesman Edwin
Lacierda confirmed yesterday.
"He's not a lawyer that's why he needs to have, to rely on his legal team to
look into (such list)," Lacierda said. But he clarified they were not
encroaching on the function of the Judicial and Bar Council (JBC).
"Very clearly, the President did not instruct the JBC, the President
instructed his legal advisers in case that there will be a removal of a chief
justice to look for a chief justice but there is still none yet. Let me clarify,
there is still no shortlist yet," he explained.
The nine-man JBC is the constitutional body tasked to screen nominees to the
judiciary, come up with a shortlist and submit the same to the President for
final decision.
The JBC can only screen candidates to a post that it is declared vacant. The
Senate impeachment court has yet to convene and decide on Corona's case.
"This is merely an eventuality but he has asked his legal advisers to look
into names for possible chief justice. But there is no shortlist yet. There's no
legal issue because we're just preparing for a contingency. This is just a
contingency," Lacierda emphasized.
"We don't know yet what the President intends to do with that list. Let's
wait for that list to be formed or to be proposed by the legal advisers of the
President. We still don't know what he intends to do with it," he said.
"He (Aquino) will look into their qualifications and see if there are some,
if there are people who are worthy to be members of the SC, making sure that
there are men and women of probity, integrity and independence," Lacierda
pointed out.
Appointing an outsider – or a lawyer who is not from the ranks of the 15 SC
justices – is also an option for Aquino.
"The President mentioned that he's open to an outsider," the spokesman said.
The most senior SC justice and possible contender for the top SC post is Antonio
Carpio, whose law firm had been persistent in blocking the appointment of
Corona, which was upheld by the tribunal in May 2010 by a 9-1-3-2 vote. One
justice opposed, three inhibited while two said the petition was premature.
Not worried
Malacañang, meanwhile, downplayed Corona camp's reported assembling of a
powerhouse legal team headed by retired SC justice and former justice secretary
Serafin Cuevas.
"We believe in our cause, we believe in the evidences that we have. There's
nothing to be afraid of," Lacierda, himself a lawyer, told a news briefing.
Lacierda said the House prosecution team will also be coming up with its own
"private team" by January next year. "They (House prosecutors) have their own
private prosecution team and it will come out. They will roll it out maybe next
year so we're not panicking," he said, brushing aside observations the
government would have a hard time having Corona convicted.
Prior to his SC and DOJ stint, Cuevas was a Court of Appeals justice and a
judge of the Marcos-era Court of First Instance. He also teaches at the UP
College of Law.
Other members of Corona's legal team are Jose Roy III, Jacinto Jimenez,
Ernesto Francisco Jr., German Lichauco II and Dennis Manalo.
Meanwhile, the House has also released the names of the members of its
prosecution panel: Representatives Niel Tupas Jr. of Iloilo, Erin Tañada of
Quezon, Rodolfo Fariñas of Ilocos Norte, Reynaldo Umali of Mindoro Oriental,
Giorgidi Aggabao of Isabela, Elpidio Barzaga Jr. of Cavite, Neri Colmenares of
Bayan Muna and Arlene Bag-ao of Akbayan.
Also included in the list are Deputy Speaker Raul Daza as well as
Representatives Juan Edgardo Angara of Aurora and Sherwin Tugna of the
party-list group Citizens Battle Against Corruption. Liberal Party stalwart and
Cavite Rep. Joseph Emilio Abaya is the team manager while Marikina Rep. Miro
Quimbo is the prosecution team's spokesman.
CJ: Dismiss impeach raps By Christina Mendez (The
Philippine Star) Updated December 27, 2011 12:00 AM
MANILA, Philippines - Chief Justice Renato Corona sought yesterday
the "outright dismissal" of the eight articles of impeachment filed against him
by the House of Representatives.
Describing the filing of the case as done in "blitzkrieg fashion," Corona
said the impeachment complaint failed to meet the requirements of the
Constitution and the impeachment court should enter a judgment of acquittal for
all the articles of impeachment.
Corona also prayed for "all other reliefs just and equitable under the
premises."
Former justice secretary Serafin Cuevas leads Corona's defense team, which
includes Jose Roy III, Jacinto Jimenez, Ernesto Francisco Jr., German Lichauco
II and Dennis Manalo.
Senate lawyer Arnel Jose Banas received 32 copies of the 79-page answer at
3:35 p.m. Yesterday.
Also on hand was Senate legal counsel and designated impeachment spokesperson
Ma. Valentina Cruz.
In calling for the dismissal, Corona's legal team accused President Aquino of
instigating and ordering the filing of the impeachment charges to remove the
Chief Justice.
"With much effort, one reaches the inevitable conclusion that President
Benigno C. Aquino III, as the head of the Liberal Party, must have been 'in' on
the plan from the inception. In contrast, it is unlikely that President Aquino
knew nothing of the plans to impeach the Chief Justice," it added.
Any president, Aquino included, hopes for a Supreme Court that consistently
rules in his favor.
"Ensuring political advantage would amply justify the allegations that
President Aquino seeks to subjugate the Supreme Court. More importantly,
however, many circumstances and events dating back to the election of President
Aquino support the conclusion that it was he who desired to appoint the Chief
Justice and who instigated and ordered the filing of impeachment charges to
remove CJ Corona," they said.
Aquino manifested his desire even before he was elected president, they said,
noting Aquino's statement that he would rather take his oath of office before a
barangay captain than before Corona, whom he and the LP bloc consider a
"midnight" appointee of former President Gloria Macapagal-Arroyo.
Aquino then opted to take his oath before Justice Conchita Cario-Morales.
In a prefatory statement, Corona's lawyers quoted: "The sin of Pontius Pilate
is not that he exercised his powers, but that he abandoned his judgment, washed
his hands and let the angry mob have its way."
They argued that impeachment, for CJ Corona, came like a thief in the night.
"Even as he stands before this Tribunal to defend himself, his great fear is the
danger that lady justice herself must face," it read.
They criticized the 188 members of the House of Representatives who hastily
signed the Articles of Impeachment, "causing the immediate transmission of the
complaint to the Senate."
"Almost instantly, some members of the House resigned from the majority
coalition, amidst complaints of undue haste in the filing of the Articles of
Impeachment. It appears that members were expected to sign on being offered
tangible rewards, even if denied the opportunity to read the Articles of
Impeachment and examine the evidence against CJ Corona," it added.
They argued that the impeachment was "the handiwork of the Liberal Party
alone," referring to the administration party that supported the campaign of
Aquino.
Borne out of bias
"What we have before us, then, is a complaint borne out of bias against CJ
Corona and the predisposition to destroy him by associating him with the
unpopular former President Gloria Macapagal-Arroyo and by misinterpreting his
concurrence to certain Supreme Court decisions as protecting… Arroyo," the
answer read.
The defense team also discussed the "hidden forces" who will benefit from
Corona's ouster and who are conspiring and causing intrigue behind the scene to
ensure his removal and their re-emergence into power to the detriment of the
Bench, Bar and the populace."
"Certainly, such cannot be the backdrop, purpose and consequence of
impeachment," they added.
The impeachment process, although political in character, has therefore
became "a partisan orgy, devoid of any mature deliberation and of lawful purpose
whatsoever, especially in a precedent-setting and historic event involving no
less than the impeachment of the Chief Justice of the Philippines," they added.
After outlining the political events that happened prior, during and after
his impeachment, Corona's lawyers described an executive branch "that is
unwilling to brook any opposition to its power, particularly in prosecuting high
officials of the former administration."
Corona, however, recognized the need for the Senate to intervene in what he
described as a move of a "determined executive" to impeach him.
He argued that the bedrock of principles of separation of powers and checks
and balances simply could not survive without a robust and independent
judiciary.
"An independent Supreme Court and judiciary cannot be allowed to dissolve
into hollow words from its fragile reality," he said.
"The Senate is now called upon to protect the judiciary's independence under
the Constitution, and save the nation from the abyss of unchecked executive
power."
In these proceedings, Corona also recognized that the responsibility of
protecting the judiciary belongs to the Senate.
"Only through a fair and judicious exercise of its judgment can the Senate
restore productive coexistence within the trinity of the Republic's three great
branches," the lawyers added.
Corona admitted that he rendered service as an officer of the offices of the
Vice President and President, but "not of Gloria Macapagal-Arroyo."
He belied the accusation that he has been partial to the former president,
who appointed him Chief Justice in May last year.
Corona said he could not be held accountable for the outcome of cases before
the SC, which acts as a collegial tribunal.
"By mentioning the decisions and actions of the Supreme Court, complainants
demonstrate their lack of understanding of the concept of a collegial body like
the Supreme Court, where each member has a single vote," he explained.
The Chief Justice also stressed that "it is not uncommon for justices to have
previously worked as professionals in close association with the President,"
citing as example the case of Senior Justice Antonio Carpio, who was appointed
by Arroyo to the SC after being a partner in the law firm that used to be the
retained counsel of the Arroyo family.
Corona's defense team
SC spokesman Midas Marquez said Cuevas, who is identified with the Iglesia ni
Cristo and who was a defense lawyer of deposed President Joseph Estrada in his
plunder trial, volunteered his legal services to Corona.
The 83-year-old Cuevas served as associate justice of the SC during the
Marcos regime from June 1984 to April 1986. Prior to his appointment to the SC,
he was also a justice in the Court of Appeals, judge in Court of First Instance,
and fiscal in Manila.
A graduate of the University of the Philippines College of Law, he has four
decades of experience in teaching law not only in UP but in other universities
as well.
Asked if the involvement of Cuevas would mean the support of INC to Corona,
Marquez said he is not privy to such arrangement. But he stressed that any
support from key sectors would be welcome to the Chief Justice.
Cuevas will be joined in the defense panel by former Pamantasan ng Lungsod ng
Maynila law dean and president Jose Roy III.
Resident constitutional expert and long-time professor Jacinto Jimenez and
Ateneo law school professor and public interest lawyer Ernesto Francisco Jr.
also volunteered their services to Corona.
Francisco used to be with ACCRA (Angara Abello Concepcion Regala & Cruz)
Law offices.
Another topnotch law firm Siguion Reyna Montecillo & Ongsiako also sent
two lawyers to Corona's defense team, German Lichauco II and Dennis Manalo.
In a press conference, Marquez revealed that Corona personally handpicked all
six lawyers, who signed his answer to the impeachment complaint from many others
who offered their free services to him.
Marquez explained that the list is only initial since there would be more
lawyers who would aid them in the impeachment trial.
The House named the members of its prosecution panel:
Representatives Niel Tupas Jr. of Iloilo, Erin Tañada of Quezon, Rodolfo
Fariñas of Ilocos Norte, Reynaldo Umali of Mindoro Oriental, Giorgidi Aggabao of
Isabela, Elpidio Barzaga Jr. of Cavite, Neri Colmenares of Bayan Muna and Arlene
Bag-ao of Akbayan.
They added Deputy Speaker Raul Daza to its prosecution team and named
Representatives Juan Edgardo Angara of Aurora and Sherwin Tugna of the
party-list group Citizens Battle Against Corruption as alternate prosecutors,
and also designated Cavite Rep. Joseph Emilio Abaya as team manager and Marikina
Rep. Miro Quimbo as spokesman.
Asked to compare the caliber of Corona's defense team with members of the
prosecution team from the House of Representatives, Marquez replied: "It's
difficult to compare because all lawyers of the Chief Justice are seasoned
practitioners. I don't know if the prosecutors would hire lawyers, but I
understand they are also lawyers in their own right."
Marquez explained that representing the Chief Justice would not affect cases
of his volunteer lawyers that are pending in the SC.
"Perhaps, the Chief Justice will inhibit in their cases," he stressed.
He also revealed that Corona does not plan to temporarily go on leave from
his work pending trial in Senate, but assured the people that he would appear in
the hearing if required by the impeachment court.
Marquez added that Corona would also appoint spokespersons for the
impeachment trial in the Senate.
"The Chief Justice is very careful in appointing spokespersons. He's looking
at their respective background," he said.
This will be the first time a Chief Justice would face an impeachment trial
in the Senate. With Edu Punay
Chief News Editor: Sol Jose Vanzi
© Copyright, 2011 by PHILIPPINE HEADLINE NEWS ONLINE
All
rights reserved
PHILIPPINE
HEADLINE NEWS ONLINE [PHNO] WEBSITE
[Non-text portions of this message have been removed]
------------------------------------
-------------------------------------------------------------
Follow us on Twitter: http://twitter.com/phnotweet
This is the PHILIPPINE HEADLINE NEWS ONLINE (PHNO) Mailing List.
To stop receiving our news items, please send a blank e-mail addressed to: phno-unsubscribe@yahoogroups.com
Please visit our homepage at: http://www.newsflash.org/
(c) Copyright 2009. All rights reserved.
-------------------------------------------------------------Yahoo! Groups Links
<*> To visit your group on the web, go to:
http://groups.yahoo.com/group/phno/
<*> Your email settings:
Individual Email | Traditional
<*> To change settings online go to:
http://groups.yahoo.com/group/phno/join
(Yahoo! ID required)
<*> To change settings via email:
phno-digest@yahoogroups.com
phno-fullfeatured@yahoogroups.com
<*> To unsubscribe from this group, send an email to:
phno-unsubscribe@yahoogroups.com
<*> Your use of Yahoo! Groups is subject to:
http://docs.yahoo.com/info/terms/
