[PHOTO - DRILON: Defense target LYN RILLON]
MANILA, JANUARY 29, 2012 (INQUIRER) By Marlon Ramos - The defense panel on Thursday sought the inhibition of Senator Franklin Drilon from the impeachment trial of Chief Justice Renato Corona, accusing him of acting like "an ally" of and "carrying the cudgels" for the House prosecutors.
"It cannot be doubted that many persons perceive the conduct of Senator-Judge Drilon very disconcerting because of the obviously partisan character he exhibited," the defense said in a 15-page motion.
"The actions of … Drilon have sparked controversy even among members of the viewing public," it added. "The initiative (he) displayed … can be construed as unequivocal demonstration of his allegiance to the cause of the prosecution."
The defense team said Drilon's acts also showed that he lacked "cold neutrality and impartiality."
Tranquil Salvador III, the defense team's spokesperson, said his colleagues were "ready to face the consequences" of their decision to oust Drilon from the trial, expressing concern that the move may only cause more harm than good to them.
"We've come to a point that the defense team and the Chief Justice himself have become worried (of Drilon's actions). That's one of our considerations," Salvador said.
"This is nothing personal against the senator. We don't begrudge him. Even in the regular courts, we also ask the inhibition of a judge sometimes. This is just a reality in (judicial proceedings) and the senator knows this because he, too, is a lawyer."
'No basis'
"I will not inhibit because the motion has no basis," Drilon told reporters. Asked whether he was affected by charges he was biased, Drilon said, "No. As in I feel nothing."
In its pleading, the defense assailed Drilon's role in compelling Supreme Court Clerk of Court Enriqueta Vidal to make public copies of Corona's statement of assets, liabilities and net worth (SALN) when she took the witness stand on January 17.
The defense noted that Senate President Juan Ponce Enrile, as presiding officer, had then discharged Vidal as witness when private prosecutor Mario Bautista failed to elicit information about Corona's SALN from her.
But before Vidal could leave the witness stand, Drilon asked Enrile if he could question Vidal.
Under grilling by Drilon, Vidal admitted that she had brought Corona's SALNs with her in deference to the subpoena duces tecum ad testificandum that the Senate had issued against her.
"It appears … that the prosecution found an ally in … Drilon, who proceeded to 'cross-examine' and badger Vidal in the guise of 'clarificatory' questions," the defense panel said.
Integrity of trial
The panel said Drilon's meddling and the "pressure (he) exerted" on Vidal "resulted in the production of the SALNs of Corona which the prosecution was unable to accomplish on its own."
Corona's lawyers claimed Drilon "again displayed his partiality" when he made Randy Rutaquio, register of deeds of Taguig City and Pateros, admit that Corona acted as attorney in fact when his daughter, Maria Charina, bought property in Taguig.
The defense team noted that the prosecutors had wanted, but failed to show that Corona was the actual owner of the property and that his daughter merely acted as a dummy for him in presenting Rutaquio.
"(Drilon) made sure to highlight this fact as if to suggest that Corona was the beneficial owner of the property," the defense said.
Daughter based abroad
"This ruse was cleverly done while suppressing the fact that Corona had to act as an attorney in fact because his daughter, Charina, is based abroad and cannot personally complete the purchase thereof."
The defense said Drilon was able "to save the day for the prosecution" whose members had been repeatedly criticized by Enrile for their failure to prepare the presentation of evidence and witnesses.
"It is beyond cavil that this turn of events has put in question the integrity of the proceedings and the members of the impeachment court," it said. "Every measure must be taken to guard against the erosion of public confidence in the impeachment trial of (Corona) lest the proceedings be rendered legally vulnerable."
The lawyers said while the rules allowed senators to direct questions to witnesses and counsels, they said the senators must not "propound questions that amount to prosecuting the case or the witness."
Cold neutrality
"In sum, it was (Drilon) who carried on the cudgels for the prosecution and accomplished what they failed to do," the defense lawyers said.
"In open court, (Drilon) began to propound questions more akin to cross-examination and loaded with veiled threats, securing for the prosecution what they failed to do by themselves," the defense said.
Citing a previous Supreme Court ruling, the defense noted that when a judge "takes the cudgels for one of the parties, he loses the cold neutrality of an impartial judge."
"In other words, the refusal of an openly partial and biased judge is a violation of the Constitution," the lawyers said.
They described as "unavailing and irrelevant" Drilon's claims that he was just after the truth, reminding him that he should be a judge "both for the prosecution and defense."
"The 'search for truth' poses no excuse to relieve a judge from his duty to observe the perception of impartiality … A judge must take every effort to avoid even the appearance of partiality," the defense said. "This rule is the rule of thumb for all manner of judicial conduct and comportment, and it is well-entrenched in jurisprudence." With a report from Cathy Yamsuan
100 witnesses against Chief Justice Corona List names 13 justices, reporters, doctors By Gil C. Cabacungan Philippine Daily Inquirer 12:06 am | Saturday, January 28th, 2012 0shareNew 0
The prosecution on Friday reported to the Senate impeachment court that it would present more than 100 witnesses including 13 Supreme Court justices, their spokesperson, and personnel; Inquirer reporters and other journalists; as well as Justice Secretary Leila de Lima, Ombudsman Conchita Carpio Morales, and the doctors of former President and now Pampanga Rep. Gloria Macapagal-Arroyo.
The long list of witnesses and documentary evidence was submitted in compliance with Sen. Miriam Defensor-Santiago's demand that both the prosecution and the defense submit their lineup.
In contrast, the defense team of Chief Justice Renato Corona announced that it would present only 15 witnesses.
Quezon Rep. Lorenzo Tañada III, a prosecution spokesperson, said the team did not want to leave any stone unturned in pinning down Corona on the eight articles of impeachment.
"We wanted to be thorough and put on a list all witnesses who could help our search for the truth. People might say that having too many witnesses would bog down the trial further, but we don't intend to put all the witnesses on the stand," Tañada said in a press conference.
When informed of the volume of the prosecution's lineup, Senate President Juan Ponce Enrile said: "Oh, my God!"
He added: "Well, I do not control the manner of proving the case of any side in this proceeding."
Zero tolerance for delay
Enrile said that as presiding officer of the impeachment court, he would not control the number of witnesses and documents to be presented by either camp, but would apply the rules "so that delays will not be used to hamper the progress of the hearing."
"Unnecessary delays will not be tolerated," he said.
Enrile also called on the senator-judges "to exercise greater civility with our witnesses, with the lawyers on both sides, as well as with one another in the Senate."
"As much as possible, we should control our emotions so that we can perform our worth in such a manner that there is no impression that we are for or against anyone," he said.
Commenting on Santiago's Thursday outburst directed at private prosecutor Arthur Lim, Enrile said: "All I can say is, we should be a bit understanding because she is suffering from some ailment. If you are in that condition, normally your threshold of stress is very shallow. All of a sudden, her blood pressure rises."
23 witnesses for Article 2
Aurora Rep. Juan Edgardo Angara, a prosecution spokesperson, said the team was confident it could wrap up its presentation before March 23, when Congress goes on its Holy Week break.
The trial is already in its second week, with the prosecution presenting only six of the 23 witnesses for Article 2 of the impeachment complaint, or Corona's purported failure to disclose his statements of assets, liabilities and net worth (SALNs).
Tañada said the proceeding had actually moved at a faster pace since the chief prosecutor, Rep. Niel Tupas Jr., made a "judgment call" to press Enrile for a "liberal" application of impeachment rules.
Marikina Rep. Romero Quimbo, a prosecution spokesperson, said the team's strategy was to present as much evidence as it could.
"Despite the strictness of the Senate impeachment court, all of our evidence, the SALNs, the titles, the income tax returns, were accepted. But we could have done that in one day if the defense had not been so technical in its objections," he said.
Tañada said that in order to speed up the trial, the senators should consider working during the congressional break.
"We're willing to work. If the Senate says we will work, we will work. It's their call," he said.
No surprises
Tañada said that as of now, "we have no surprise witnesses up our sleeves."
He said that all of the Supreme Court justices, except for Corona and Teresita Leonardo-de Castro, would be summoned by the prosecution, and that a suggestion by Tupas to include Arroyo among the witnesses had been rejected.
Here is the list of witnesses:
Article 1: Malacañang records office chief Marianito Dimaandal; Supreme Court Clerk of Court Enriqueta Vidal; UP Law director Harry Roque; Undersecretary Jose Luis C. Gascon; Inquirer reporter Dona Z. Pazzibugan; and Congressional Library Bureau executive director Emma Rey.
Article 2: Makati City register of deeds; Megaworld Corp. finance director Giovanni Ng; Ayala Land representative Aniceto Visnar Jr.; Community Innovations representative Nerissa H. Josef; Burgundy Realty Corp. Greg Gregonia; John Hay Management Corp. (JHMC) record officer; National Statistics Office officer; Securities and Exchange Commission corporation registrar; Housing Land Use Regulatory Board representative; representatives of BPI, PNB and Landbank; Filinvest Alabang Inc. vice presidents Mary Eleonor A. Mendoza and Ava Venus A. Mejia; and a certified fraud examiner.
Article 3: Lawyer Gorgonio B. Elarmo Jr.; high court disbursing officer Michelle M. Mangubat; Corazon G. Ferrer-Flores; Edsa Shangrila Plaza representative; Design Exchange Inc. representative; JHMC corporate secretary; former JHMC vice president Lyssa GS Pagano Calde; retired Court of Appeals Justice Teodoro P. Regino; COA directors Ma. Cristina Dizon-Dimagiba and Rosemarie Lacson-Lerio; COA Supervising Auditor Arlyn M. Encarnacion; Judicial Bar and Council secretary; former JHMC operations manager Frank Daytec; Lauro Vizconde; Dante Jimenez; Prof. Rosario Maria T. Juan-Bautista; Fasap president Roberto Anduiza;
High court spokesperson Jose Midas Marquez; Clerk of Court Vidal; deputy clerk of court Felipa Anama; Bureau of Immigration representative; Philippine Airlines representative; Prestige Travel Agency; high court employee who handles Corona's travel documents; SEC representative; and the nine justices present in the Oct. 4, 2011, en banc session.
And more
Article 4: Marquez; deputy clerks Anama and Vidal; high court process server Johnny Aquino; high court en banc room attendant Antonio Altamia; the Ombudsman; and the nine justices present at the en banc session on Sept. 14, 2010.
Article 5: Clerks of Court Vidal and Anama; League of Cities representative; Fasap representative; three former high court justices or legal experts; and high court employees involved in pertinent cases included in Corona's impeachment.
Article 6: UP Law director Roque and lawyers Emmanuel M. Lombos, Nelson T. Antolin, Michelle Ann U. Juan, Cynthia del Castillo; Clerk of Court Vidal.
Article 7: Inquirer reporter Marlon Ramos; journalists Raissa Robles and Marites Vitug; TV reporters Mark Meruenas, Zen Hernandez, Ina Reformina and Lia Manalac (and their cameramen); the justice secretary; Arroyo physicians Juliet Gopez-Cervantes and Mario Ver; high court process cashier; Clerks Vidal and Anama; sheriff Benjamin Anunuevo; high court judicial officer Araceli C. Bayuga; "Juliet" of the Office of the Clerk of Court; Magallanes notary public Jay Francis P. Baltazar; high court justices and spokesperson.
Article 8: COA supervising auditor Lourdes Lim; COA auditor to the high court Myrna Cells; Department of Budget and Management (or Civil Service Commission) records custodian; high court chief accountant Lilianne E. Ulgado; high court's Fiscal Management and Budget Office chief Corazon G. Ferrer-Flores; COA auditor for the Fiscal Autonomy Fund; and the World Bank's representative to the Judicial Reform Support Project. With a report from TJ Burgonio
Chief News Editor: Sol Jose Vanzi
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