TO PRESSURES - ENRILE
MANILA, JANUARY
24,
2012 (STAR) By Paolo Romero - Lawmakers who
supported the impeachment of Chief Justice Renato Corona yesterday formed a
group called "Movement 188" to help push his conviction by the Senate
impeachment court.
"Our resolution is neither an attack on the justices nor on the judiciary
itself. We have resorted to this constitutional process precisely to strengthen
our judicial system by ridding it of the malignancy that has corrupted the very
essence of equality and fairness in the High Court," the group said in a
statement yesterday.
Comprising the newly formed group led by Eastern Samar Rep. Ben
Evardone (photo), An Waray party-list Rep. Florencio Noel, Compostela Valley
Rep. Maricar Apsay, Laguna Rep. Dan Fernandez, Biliran Rep. Roger Espina,
Misamis Occidental Rep. Leo Loreto Ocampos, and Negros Occidental Rep. Albee
Benitez, are the 188 lawmakers who signed the Articles of Impeachment last
December.
The lawmakers maintained they signed the impeachment resolution "freely and
resolutely, on the strength of our collective conviction that the ouster of the
Chief Justice through the legal remedy provided in the Constitution will clear
one major roadblock in the 'daang matuwid' reform agenda of the Aquino
administration."
In the statement, the group described the top magistrate's defense lawyers as
already panicking over the release of his statement of assets, liabilities and
net worth (SALN).
Members of the Movement 188 believed that last week's trial bared "the
evidence the prosecution panel showed that he (Corona) lied, owned ill-gotten
wealth and is no longer morally fit to serve the high tribunal."
"The diversionary moves by the Corona camp and its allies at the end of Week
One of the trial show that they are already running scared and hell-bent on
preventing the whole truth from coming out, more so now that the House
prosecutors are set to present more authentic documents and more reliable
witnesses on the second week," the group said.
The Movement 188 added that the scare ploys include an urgent motion to
inhibit certain senator-judges from the trial, and a temporary restraining order
to stop the Senate from proceeding with the trial.
"The slew of evidence presented and testimonies made during the Thursday
session were only the tip of the iceberg as our House prosecutor-colleagues
present more authentic witnesses and official documents to establish that the
Chief Justice committed perjury in his annual SALN declarations, which proves
betrayal of public trust and warrants immediate eviction from the High Court and
permanent disqualification from holding public office," the group added.
Corona's annual SALN declarations during his incumbency as member and, later,
as head of the Supreme Court, were surrendered last Thursday by the tribunal's
clerk of court Enriqueta Vidal after much resistance from the defense panel.
The group also said the documents showed that Corona's declared net worth had
mysteriously jumped from P14 million in 2002 to P22 million in 2010, which was
not commensurate with his combined legal income as a public servant over that
eight-year period.
The documents presented by registrars Randy Rutaquio, Carlo Alcantara and
Sedfrey Garcia of Taguig, Quezon and Marikina cities bared, meanwhile, that
Corona had not accurately declared in his SALNs a host of properties belonging
to him or members of his family - condominium units and parking lots at the
Bellagio Tower, McKinley Hill and Bonifacio Ridge, all in Global City in Taguig;
and condos or other assets at La Vista Subdivision, Katipunan Avenue, One
Burgundy and other parts of Quezon and Marikina cities.
"This explains all the diversionary ploys and scare tactics that the Corona
camp and its allies have been resorting to this early in the trial to delay the
proceedings and prevent the whole truth from coming out," the Movement 188 said.
The impeachment complaint signatories noted that no less than Senate
President Juan Ponce Enrile, whose adept and impartial handling of the trial's
first week was recognized by both the prosecution and defense, has denied the
charge that certain senator-jurors have been lawyering for either group.
SENATE WON'T GIVE IN TO PRESSURE, PUBLIC OPINION -
ENRILE
By Christina Mendez - Senate President Juan Ponce Enrile vowed
yesterday that the impeachment court would not be swayed by public opinion and
political pressure as the trial of Chief Justice Renato Corona enters its second
week.
Enrile, presiding officer of the impeachment court, reiterated that the body
will decide based on evidence and testimonies presented before it, and on the
rule of conscience of the 23 senator-judges.
Reacting to the filing of various petitions before the Supreme Court (SC),
Enrile stressed anew that under the Constitution, the Senate has the sole power
to try and decide an impeachment case.
"There is no rule that our decision is subject to appeal (by the Supreme
Court). If there was abuse of discretion on our part, amounting to lack of
jurisdiction, I don't know whether they can elevate the decision to the Supreme
Court. There is no jurisprudence in the United States, where an impeachment can
be elevated to the Supreme Court," Enrile said in a radio interview in Filipino.
Enrile assured the public that he is doing his best to conduct a fair trial,
knowing it would be a learning experience for the next generation.
"We should do this as best as we can humanely do it. We will be setting an
example on what the future generation would do in such a case," he said.
More than the impeachment against Corona, Enrile said the issue involves the
entire government and every Filipino who values justice.
"The Filipino people should understand the process and the whole world as
well. If they do not trust us on this endeavor, then we cannot move on. Even if
we are constantly being criticized, we will still do our best to try and decide
this case according to our conscience so that the truth will be known," Enrile
said.
"If there is any wrongdoing, so be it. Otherwise, there is no basis for
Corona to be ousted. I'm sorry for the prosecutors and the people if they really
wanted Corona out," he said.
Enrile also emphasized the need for the public to understand the defense
panel led by former Supreme Court justice Serafin Cuevas will always ensure that
the right of their client to due process is upheld.
Enrile also cited the gravity of the outcome once the court finds Corona
guilty of the eight articles of impeachment, in relation to the constitutional
rights to be heard.
"You are dealing with a fellow human being. You are going to dishonor him,
take him out of a high post in government. It's not like buying something in the
market," he said.
Loss of jurisdiction
At the same time, Enrile downplayed the possibility that the impeachment
court would be questioned before the SC on the grounds of grave abuse of
authority by the senator-judges at any point during the trial.
Enrile though did not discount the defense may have that option - only after
the impeachment court had issued an adverse verdict on the chief magistrate.
Last week, Cuevas suggested they have the option to bring the impeachment
issue before the SC if they could establish "grave abuse of discretion" on part
of the Senate.
Cuevas made the comment following the questioning of Sen. Franklin Drilon
which elicited information from SC clerk of court Enriqueta Esguerra-Vidal that
she had brought the authenticated copies of Corona's statement of assets,
liabilities and net worth (SALN) from 2002 to 2010.
During the trial, Vidal said she was not authorized to show Corona's SALN in
view of the 1989 SC resolution restricting public disclosure of the financial
assets of magistrates.
This prompted the impeachment court to direct Vidal to turn over the SALN
despite her reluctance.
The prosecution panel led by private prosecutor Mario Bautista had failed to
elicit the information from Vidal on whether she had brought with her the SALNs,
which were subject of the request for subpoena sought by the prosecution itself,
and then ordered by the impeachment court.
The right to object
On the other hand, Tranquil Salvador II, a member of the defense panel,
reiterated they are not trying to delay the trial in raising numerous
objections.
"What we are asking is basic fairness," he said.
Salvador said the move of Cuevas, which some perceive as questioning every
step in the offering of evidence by the prosecution panel, is the manner by
which witnesses and evidence will be examined under the rules of court.
"We cannot blame non-lawyers if they don't think the same. These are
recognized objections around the world... for the conduct of orderly
administration of justice and the protection of the rights of litigants," he
said.
Enrile also explained the defense panel has every right to object under the
judicial processes.
He said he does not see as delaying tactic Cuevas's continual objection over
every move of the prosecution to offer evidence that may allude to Corona's
alleged illegal acquisition of wealth.
"That is the impression of the public. But that (objections) is natural if
you closely monitor court trials... this is a battle of intellects, an
intellectual combat on both sides," he said.
Enrile said Cuevas, being a veteran lawyer, is merely practicing what is
written under the rules of procedure.
"The prosecution presents the evidence on their accusations... that is the
order of proof and burden of proof. On the part of the defense they have to
rebut the evidence and present their side of the story... what is happening in
the impeachment court is the presentation of story," Enrile said.
He cited the processes by which the prosecution presented the SC clerk of
court and a number of registrars of deeds during the first week of the Corona
trial.
In the same manner, Enrile said, the senator-judges can issue clarificatory
questions.
Enrile also parried accusations that some of the senator-judges are leaning
to the prosecution, without particularly mentioning Sen. Franklin Drilon.
Enrile reminded his colleagues to maintain political neutrality.
Enrile also blasted the argument of public prosecutor Cavite Rep. Elpidio
Barzaga Jr. during his arguments with Cuevas, his former professor.
He said he just let Barzaga's arguments pass during the trial.
Enrile noted though that Barzaga's arguments are based on the rules of civil
procedures, not on criminal procedures.
Enrile said the impeachment trial of Corona is "akin to a criminal case"
since it deals with crime and punishment as defined under the Revised Penal
Code.
"It is only found, in my recollection, in the rules of civil procedures... I
used that a thousand times. There is never a situation when a person charged
with a criminal case (will) ask for bill of particulars, (rather) the remedy is
motion to quash. He is using the civil procedure, in a case not civil," said
Enrile, not mentioning Barzaga during the interview.
The defense panel has been questioning the move of the prosecution in
including the alleged illegal acquisition of wealth in Article 2 on
non-disclosure of SALN that is tantamount to culpable violation of the
Constitution, and betrayal of public trust.
Cuevas and Salvador said the articles should not be based on suspicion, but
on ultimate facts.
Chief News Editor: Sol Jose Vanzi
© Copyright, 2012 by PHILIPPINE HEADLINE NEWS ONLINE
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rights reserved
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