AGAINST IMPEACH RULES
[PHOTO - DAY IN
COURT The Senate session hall has been spruced up, redesigned and all's set for
the start of the unprecedented impeachment trial of a Chief Justice of the
Supreme Court on Jan. 16. RICHARD
REYES]
MANILA, JANUARY 6, 2012 (INQUIRER) By
Cathy C. Yamsuan, Cynthia D. Balana Philippine Daily Inquirer - Hold
your horses.
The House of Representatives' 11-member panel that will prosecute the
impeachment complaint against Chief Justice Renato Corona drew flak on Wednesday
not only from his lead lawyer but also from senators and Catholic bishops for
its purported overzealousness.
The senators who are to serve as judges in Corona's impeachment trial
expressed dismay at Iloilo Representative Niel Tupas Jr.'s disclosure of the
Chief Justice's purchase of a high-end penthouse and encouraged him and the
other prosecutors to take a close look at Rule XVIII of the "Rules of Procedure
on Impeachment Trials."
Rule XVIII states that the presiding officer (in this case, the Senate
President) and the members of the Senate "shall refrain from making any comments
and disclosures in public pertaining to the merits of a pending impeachment
trial." It adds that "[t]he same shall likewise apply to the prosecutors, to the
person impeached, and to their respective counsel and witnesses."
Senator Panfilo Lacson suggested that he and his colleagues "throw our
impeachment rules out the window or straight at [the House prosecutors'] faces."
Senator Gregorio Honasan cautioned the prosecutors against the "swaying
effect" that their revelation might have on public opinion.
"Masyado silang atat (They are too eager)," Senate President Pro Tempore Jose
"Jinggoy" Estrada said of the prosecutors.
"Why, would it be the media who would decide Corona's fate? So they have
documents proving that Corona owned all these condo units? Present those to the
Senate! The problem is that some parties seem to have a mind-conditioning
agenda," Estrada added.
But Tupas, who heads the House prosecution panel, denied that there was any
violation of the Senate rules.
Tupas held a news conference on Tuesday to present documents concerning a
303.5-square-meter unit in The Bellagio in Taguig City bought by Corona and wife
Cristina in December 2009.
He accused the Chief Justice of failing to declare the property in his
statement of assets, liabilities and net worth (SALN).
Tupas also said that the unit in The Bellagio was but one of four properties
traced to Corona, and that the panel would release more documents in the coming
days.
'Weak' evidence
Speaking on Wednesday with a group of reporters at his office in Makati City,
Corona's lead counsel, Serafin Cuevas, said the prosecution panel's move was
proof that the evidence against the Chief Justice was "weak."
"They are really trying to demonize the Chief Justice," said Cuevas, 83, a
retired Supreme Court justice.
"I hope I'm wrong. But there could be no motive whatsoever, except [to sway]
public opinion and to portray Corona as a violator of the law and a tax evader,"
he said.
Asked if the House prosecutors' action was tantamount to a trial by
publicity, Cuevas said: "There's no question about that. Do you still question
that? But it's not the general public that will decide [Corona's fate]. It's the
impeachment court."
He added that by disclosing proof of Corona's supposed misdeeds to the media,
"one cannot be precluded from making the opinion that their evidence is weak."
'Political trial'
On Radio Veritas, some Catholic bishops said Corona was facing a "political
trial."
"If [the prosecutors] have a case against Corona, they must prove it, they
must continue to investigate. But the public must learn to be critical and not
be quick to judge because nothing has been proven yet," said Novaliches Bishop
Emeritus Teodoro Bacani.
Bacani reminded the public that someone who was being investigated was not
necessarily guilty.
Sorsogon Bishop Arturo Bastes aired a similar reminder.
He said the presentation of documents suggesting that Corona had amassed
illegal wealth was "a strategy" to ensure a successful impeachment, "just like
what happened to former President Joseph Estrada, who was ousted."
"That is how an impeachment goes. It is not a court [trial] but a political
one," Bastes said.
'Balancing act'
Senate Majority Leader Vicente Sotto III said Tupas' disclosure showed that
"he is already violating the rules of the impeachment court."
But Sotto would not say whether Tupas could be penalized for his action.
Senator Francis Escudero also said that under the impeachment rules,
senator-judges were not the only ones required to refrain from making comments.
"This also applies to the complainant, the respondent, lawyers and
witnesses," he said in a phone interview.
Escudero, however, said Tupas could not be cited for contempt for his action.
"But there is a need to remind everyone of the rules. This is not a
prohibition, this is not sub judice, but an admonition to refrain from doing it…
It is a balancing act," Escudero said, adding:
"There can be no showdown (paghahamunan), no mud-slinging or washing of dirty
linen in public [at present] as the case is now with the impeachment court."
Trillanes
Only Senator Antonio Trillanes IV seemed to back Tupas and his team.
"They are just trying to win over the public to their position, which is a
good strategy," Trillanes said in a text message. "It is but part of the
impeachment process, which is more political than judicial in nature."
But Lacson and Honasan, Trillanes' seniors at the Philippine Military
Academy, would have none of it.
"As a senator-judge, I cannot sit idly by and watch blatant violations of our
rules," Lacson said in a text message.
Said Honasan: "Why can't they wait for the trial to begin? We already
convened as an impeachment court last month. It's just that we had to take a
holiday break. But we will be back at 2 p.m. of January 16."
'Telenovela'
Lacson warned that if any participant in the impeachment trial would be
allowed to commit "such undisciplined public presentation of evidence … the
Senate may lose control of the situation."
"And I am certain it will damage not just the Senate as an impeachment court
but the sacredness of the whole impeachment process as well," he said.
Honasan echoed the sentiment, saying: "It does not serve public interest when
they hold a press conference for this, especially since our secondary objective
is to raise public awareness on issues surrounding the impeachment [of Corona]."
He added: "We senator-judges should be the center of their attention when
formal proceedings begin."
Archbishop Emeritus Oscar Cruz, on the other hand, warned senators against
engaging in grandstanding at Corona's impeachment trial.
Cruz also said he was expecting the trial to be a "telenovela" because, he
pointed out, some reelectionist senators were sure to take their time in voting
as to secure their victory in the 2013 elections.
"There will be many motions that will be filed, so it's going to be a very
long process… And since the 2013 balloting is fast approaching, many senators
seeking reelection will consider their [candidacy] in whatever decision they
make in the trial," the archbishop said.
Arguing before public
Cuevas said Corona's legal team would ask the Senate to "prohibit" the House
prosecutors from further presenting to the public the supposed evidence against
the Chief Justice.
"My honest opinion is that [the revelation about the unit in The Bellagio]
should not have been done because we are prohibited from discussing in public
the merits and demerits of our respective articulation or postulation," Cuevas
said.
"That's not in accordance with the rules of the Senate. In doing so, it's
like they are arguing this case before the public," he said.
But according to Cuevas, the defense will have to wait for the formal start
of the impeachment trial on Jan. 16 before filing any pleading with the Senate.
Wait for trial to begin
"We will definitely invite the attention of the impeachment court that there
should be some remedy to stop this kind of trial [by publicity]. Secondly, it's
a violation of the very rules of the impeachment court," he said.
Cuevas called on the House prosecutors to wait for the impeachment trial to
begin before releasing other supposed evidence against Corona, "if they believe
they have a very strong case versus the Chief Justice."
"They are good lawyers, all 11 of them. Why release the alleged evidence to
the press? Let's just argue during the trial," he said. With
a report from Jocelyn R. Uy
Chief News Editor: Sol Jose Vanzi
© Copyright, 2012 by PHILIPPINE HEADLINE NEWS ONLINE
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rights reserved
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HEADLINE NEWS ONLINE [PHNO] WEBSITE
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