CJ / JPE EYES PRE-TRIAL IN CJ CASE
MANILA, JANUARY 31, 2012 (STAR) By Marvin Sy - The camp of Chief
Justice Renato Corona is not worried about the plan of the prosecution panel to
present more than 100 witnesses, as long as they can establish the relevance of
their testimonies to the case.
Tranquil Salvador III, one of the spokespersons of the defense panel, said it
is the prosecution panel's own lookout if they proceed with their plan of
presenting all the witnesses they listed and revealed during a press conference
last Friday.
The list of witnesses include justices of the Supreme Court (SC) and
journalists.
According to Salvador, there are many complications that could arise once
they start asking for subpoenas for these people.
"Our concern is that those witnesses may not be competent to testify. Do they
have relevant information or direct connections to the case?" Salvador said.
He said some of the witnesses may not have personal knowledge of the matters
they would testify on, which would mean that they would be testifying based on
hearsay.
Salvador said he expects some of the witnesses to oppose the subpoenas that
will be issued against them, including journalists who are bound by the rules on
privileged communication.
"Remember that they may not be voluntary witnesses. There are a lot of
complications. This is not as simple as a numbers game. What is important is the
substance and quality of the witnesses," Salvador said.
He said many on the prosecution's list would not go to the court voluntarily
and would be represented by their respective lawyers who could move to quash the
subpoenas to be issued against them.
Complications seen
One of the complications that would arise is on the justification for
summoning justices of the SC.
Salvador said the judiciary is a co-equal branch of the executive and
legislative and as such, the justices may raise objections about being compelled
to serve as witnesses against one of their own.
"If they voluntarily appear then that would be a different story and even if
they appear voluntarily, it may create some strain because there are some rules
covering justices. What they are presenting is not simple," Salvador said.
The list of witnesses prepared by the prosecution panel was prompted by the
directive issued by Senator-judge Miriam Defensor Santiago last Tuesday for both
the defense and prosecution to submit their respective lists, which would serve
as the court's guide as far as this issue is concerned.
Retired associate justice Serafin Cuevas, lead defense counsel, told the
court that they would be presenting around 25 witnesses.
Salvador said the defense panel has yet to formally submit its list of
witnesses.
He said the trial would not be a competition on the number of witnesses
presented but on the substance of the testimonies that would be offered by these
witnesses.
According to Salvador, what the prosecution panel may be trying to achieve
with its disclosure of its list of witnesses last Friday is to sway public
opinion, just like what they have been doing since the start of the trial.
"They are playing up to the public. They probably want to tell the public
'look at how many witnesses we have, support our cause now.' But with all
modesty, we are not worried about the numbers," Salvador said.
Slow trial
Salvador said the trial would drag on for months if all of the witnesses
listed by the prosecution would be presented.
In the first two weeks of the trial, Salvador said the prosecution has been
able to present an average of two witnesses a day.
The trial at the Senate is held from Monday to Thursday, starting at 2 p.m.
and usually ending at 6 or 7 p.m.
"Based on experience, it would be very lucky to have three a day. It's highly
impossible to have five," Salvador said.
Apart from answering questions raised by the prosecution, the witnesses could
also be subjected to cross-examination by the defense panel, something Salvador
said they cannot be deprived of.
"There may be delays. They have been shouting about a swift trial. If they
want to present all those witnesses, it is their right under the law. But they
will have to establish if their testimonies will be relevant to the case,"
Salvador said.
'Wrecking the high court'
Former House Minority Leader Edcel Lagman opposed yesterday the plan
of prosecutors to have the Senate impeachment court summon SC justices to
testify in the trial of Corona.
He said summoning Corona's colleagues "will inordinately wreck the high
court."
Sought for comment on Lagman's statement, prosecution panel spokesman Rep.
Miro Quimbo of Marikina said calling justices to testify on Corona's alleged
sins would not destroy but strengthen the SC.
Lagman said putting justices on the witness stand "will make them testify not
only for or against the Chief Justice but also against each other."
It would also violate the confidentiality of SC deliberations in the
disposition of cases, he said.
"Moreover, the collective decisions of the Supreme Court will be shredded to
pieces as the fishing expedition navigates into the high seas of the Supreme
Court. The best evidence of the adjudication and voting of the justices are the
decisions themselves and the dissents, if any, wherein individual justices voted
for or against the collective ruling of the majority," he said.
"Now, truly, it is not only the Chief Justice who is on trial but the entire
Supreme Court even as the testimonies of the justices can be used against them
in the threatened impeachment cases involving other justices," he added.
Public accountability
Quimbo said the rule on the confidentiality of deliberations in the tribunal
"must be subordinated to a higher principle of public accountability and
transparency."
"Even the law on the secrecy of bank deposits is cast aside in an impeachment
trial because of the higher public interest involved," he said.
The testimonies of at least three justices are particularly needed to prove
Article VII of the impeachment complaint, which charges Corona of alleged
partiality for former President and now Pampanga Rep. Gloria Macapagal-Arroyo,
who appointed him associate justice and later chief justice.
The prosecution wants the testimonies of Justices Antonio Carpio, Lourdes
Sereno and Presbiterio Velasco on alleged irregularities in the issuance of a
temporary restraining order (TRO) against the travel watchlist order of the
Department of Justice on Arroyo and her husband.
The SC issued the TRO with three conditions on Nov. 15. Shortly after the
TRO's issuance, the Arroyo couple tried to board planes for Singapore and Hong
Kong but immigration officers barred them from leaving.
The prosecution argued that Corona made it appear that the TRO was
immediately effective to allow the Arroyos to leave the country even if the
three conditions imposed by the SC had not all been complied with.
In his answer to the impeachment complaint, the Chief Justice insisted that
the conditions "were resolutory, and not suspensive," in other words, the TRO
would remain executory, but if the conditions were not fulfilled within five
days, the TRO would be lifted.
The prosecution said it is clear that Corona wanted Arroyo and her husband to
immediately flee the country on Nov. 15 "even though the conditions for the TRO
were not met."
"If the conditions were still not met after five days, the TRO would be
lifted, but by that time, GMA and FG would have already fled the country, beyond
the reach of the Philippine justice system. The nation would be left holding an
empty bag," prosecutors said.
Bayan Muna Rep. Neri Colmenares is the prosecutor in charge of Article VII.
His colleague Teddy Casiño has asked allies of Arroyo to desist from meddling
with Corona's impeachment since they are not among the 188 House members who
signed the complaint against the Chief Justice.
'100 witnesses needed'
For his part, lead prosecutor Rep. Niel Tupas Jr. of Iloilo said the
prosecution panel needs the more than 100 witnesses it intends to call to prove
its case against Corona.
"The list of witnesses and documents contained in our compliance filed with
the Senate should be taken without manifestation that we will present a very
strong, solid case against the Chief Justice within a reasonable period of
time," he said.
Quimbo said they had to include all possible witnesses and documents since
they might encounter objections from Corona's lawyers if they subsequently make
additions.
He said they would determine as the trial progresses if the testimonies of
some witnesses could be dispensed with. - With Jess
Diaz
FROM THE INQUIRER
Enrile eyes pre-trial in Corona case By Maila Ager
INQUIRER.net 1:09 pm | Monday, January 30th, 2012
MANILA, Philippines – Senate President Juan Ponce-Enrile is proposing
a pre-trial in the impeachment of Chief Justice Renato Corona following the
reported 100 witnesses that the prosecution team is planning to present against
Corona.
"I'm going to suggest that to the parties because now of the volume, of the
announced number of witnesses and documents to be presented," Ernile said on
Monday when asked if the impeachment trial would have been faster if there was a
pre-trial.
"And I would suggest they sit down – the two panels— and see what they can
agree upon so that there's no more need for testimonial and documentary evidence
to be presented and what they will prove," he said.
Enrile's proposal was a 360-degree turn from his previous stand against the
pre-trial in his interviews with the media before the formal trial started last
January 16, 2012.
In opposing the holding of a pre-trial, the Senate leader cited then the
Senate's mandate, which is to "forthwith proceed" with the trial upon receipt of
an article of impeachment from the House of Representatives.
But in retracting his position, Enrile explained that at first, he did not
want to call a pre-trial for fear that the public would suspect that they were
tying to hide something from them.
"Kaya hindi ko ginawa yun. Ngayon dahil nga may announcement na napaka dami
nyong testigo na dadating at libu-libo yata, daan-daan ang documents na
ipi-presenta, e matagal yan kung ganun (That's why I did not do it. But now,
because there was an announcement that there will be a lot of witnesses, and
maybe thousands or hundreds of documents to be presented—then that will prolong
the proceeding)," he said.
"Nakita naman nyo ang takbo ng trial kaya kung maari e dapat pag usapan ng
dalawang panig. Hindi ko sila pipilitin, imumungkahi ko lamang (You saw the pace
of the trial that's why if possible, the two parties should talk. I will not
force them, I will just propose it to them)," he further said.
Enrile is presiding over the impeachment trial of Corona. It will resume at
2:00 in the afternoon.
Chief News Editor: Sol
Jose Vanzi
© Copyright, 2012 by PHILIPPINE HEADLINE
NEWS ONLINE
All rights reserved
PHILIPPINE HEADLINE NEWS
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