TRIAL
MANILA, JANUARY 26, 2012 (STAR) POSTSCRIPT
By Federico D. Pascual Jr. - DAVIDE COURT: Impeached Chief Justice Renato
C. Corona is luckier than then President Joseph Estrada who in 2001 faced trial
in the first-ever impeachment of a Philippine president.
Corona should thank his stars that Senate President Juan Ponce Enrile is
presiding over the trial. With his firm and fair hand, the octogenarian senator
is the saving grace of the judicial-political process now entering its second
week.
In contrast, Estrada had the misfortune of having then Chief Justice Hilario
Davide Jr. co-presiding over his trial together with then Senate President
Aquilino Pimentel.
Davide was the chief of the High Court that later declared the presidency
vacant after ruling that Estrada had, judging by his body language and public
statements, "constructively" resigned.
Shortly after, Davide hurriedly administered the oath of office of then Vice
President Gloria Arroyo as "acting president" with Pimentel holding the
microphone like an acolyte. Ms Arroyo later metamorphosed from acting to actual
president.
* * *
LEGALITIES: Corona is lucky being defended by a powerhouse headed by
former Associate Justice Serafin Cuevas, the professor of some of the
prosecutors. Ranged against the veteran jurist, the congressmen-prosecutors look
like amateur operators of the student council.
(Incidentally, Cuevas was with Estrada's defense panel then led by court
miracle-worker Estelito Mendoza. He also happens to be a leading member of the
Iglesia ni Cristo, if that matters at all).
But the fate of Corona, who has to contend with relentless administration
propaganda to blacken his reputation, will not be decided mainly on legalities
or the brilliance of his defense team.
The fact that 11 of the 23 senator-jurors are lawyers will have minimal
impact when the final hour of reckoning comes, when every senator will weigh his
vote against his personal interests.
* * *
PLAN B: Conviction of Corona requires 16 (two-thirds) of the now 23
members of the Senate. The total membership should be 24, but Liberal Sen.
Noynoy Aquino left in 2010 to become President.
If Corona can muster at least eight votes, he is safe. It might be easier for
him to secure eight votes than for his enemies to gather 16 votes to convict
him.
It is too early to predict the final score, but Malacañang seems to be unsure
of conviction. No wonder there is a Plan B, a fallback to pursue Corona's ouster
even if he is acquitted.
This could be similar to the EDSA-II "People Power" march that drove then
President Estrada out of the Palace to avoid a costly and possibly bloody
conflict.
The administration has gone all-out to demolish Corona in the public mind, to
shame him into resigning, because the Palace is not sure of convicting him.
* * *
ODOR OF POLITICS: It is clear that the Senate — not only Corona and/or
the Supreme Court — is also on trial.
By the way they talk and conduct themselves, some senators have shown that
they are not neutral jurors.
At least one leading member of the Liberal Party does not even try to hide
his rising to the succor of prosecutors when they fumble.
Enrile has said that the impeachment court will be guided by the
Constitution, the applicable laws, the evidence and the conscience of the
senator-jurors.
Those factors will not cover everything. For one, the foul smell of politics
is heavy in the background.
* * *
PRESSURE: The Senate is actually glued together by a modus vivendi
among several groups, including the major parties. Anytime the various factions
shift, tectonic tremors could revamp the leadership in the chamber.
Enrile has said that they can have the Senate presidency anytime they want to
grab it. "They" presumably includes President Aquino, the playing coach of the
prosecution team hounding Corona.
If he wants to stay, the Senate President will be under pressure to try
remaining in the good graces of Malacañang despite his claim of independence.
As for the other senators, six of them are up for reelection. Although four
of them are conceded as sure winners, they may be tempted to accept assistance
from the Palace when the campaign rolls in next year.
* * *
BINAY FACTOR: The ramifications go beyond the Senate. For instance,
Vice President Jojo Binay would not want Corona replaced with, say, Senior
Associate Justice Antonio Carpio who is often mentioned as the Palace choice.
The Binay camp identifies Carpio with Transportation Secretary Mar Roxas, who
has a pending election protest against the Vice President with the Supreme Court
sitting as a Presidential Electoral Tribunal.
As Carpio's ascendancy in the tribunal will be bad for Binay, he can be
presumed to be moving to keep Corona safe.
This point is reminiscent of the hesitation of some sectors to press the
ouster of then President Arroyo if she would just be replaced by then Vice
President Noli de Castro, arguably the worse of two evils.
* * *
EDSA-II: Estrada never saw conviction nor acquittal in his impeachment
trial since the process was aborted after the prosecutors walked out on Jan. 16,
2001.
They abandoned the fight when they could not force the opening of an envelope
thought to contain bank documents proving that Estrada was the real Jose
Velarde, purported owner of a questioned account.
The walkout triggered what was to be called EDSA-II. Four days later, Estrada
left Malacañang by the back door and crossed the Pasig River to avoid the mob at
the front gate.
With this lesson, Enrile declared that under his watch, he would not allow
such antics as walkouts.
If the same stance were taken by Davide, Estrada could have been acquitted.
The opening of the envelope days later revealed documents showing that he was
not the owner of the Jose Velarde account.
Chief News Editor: Sol Jose Vanzi
© Copyright, 2012 by PHILIPPINE
HEADLINE NEWS ONLINE
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