PANEL / FARIÑAS TAKES OVER
MANILA, FEBRUARY 7, 2012
(STANDARD) by Christine F. Herrera - SERIOUS cracks are showing
in the prosecution panel with lead prosecutor Niel Tupas Jr. getting
muscled out of handling Article 3 of the impeachment complaint against Chief
Justice Renato Corona, now that the members of his team believe he bungled
Article 2.
The prosecutors are now pinning their hopes on Article 3 to convict and
remove Corona after their strongest case, Article 2, ran into serious problems.
"Over the weekend, Tupas was ousted and barred by his fellow prosecutors from
arguing Article 3 before the impeachment court because of his penchant for
grandstanding," a prosecutor who was privy to the debate that followed during
the meeting told the Manila Standard.
The prosecution panel assigned prosecutor and Akbayan Rep. Arlene Kaka Bag-ao
to take the lead in handling Article 3, which tackles Corona's alleged arbitrary
decision to favor the management of Philippine Airlines against the Flight
Attendants and Steward Association of the Philippines because of a letter from
airline lawyer Estelito Mendoza.
The prosecution wants to prove that Corona is not a "man of probity and
integrity" and is unfit to sit as chief justice.
Bag-ao will be assisted by House Deputy Speaker Raul Daza and Prosecutor and
Citizens Battle Against Corruption Rep. Sherwin Tugna.
Tupas has been blamed for the prosecution's dismal performance in convincing
the senator-judges because of the "faulty and vaguely written Article 2," which
made it difficult for the prosecution to present evidence on graft and
corruption and ill-gotten wealth.
Tupas admitted having crafted Article 2.
The other prosecutors, who requested anonymity, said Tupas' penchant for
grandstanding proved to be "disastrous" and boomeranged on the panel.
They said that weeks before the trial began, Tupas was admonished by the
impeachment court from making public any evidence, but he went ahead with the
disclosure of the P14.5-million Bellagio condominium unit.
Tupas also was blamed for allowing the prosecution spokesmen, since he had
been told to comply with a "gag order," to make an announcement that Corona had
45 pieces of property. Tupas admitted to the court last week that the
prosecution only found evidence for 24 properties and denied that it was the
prosecution that disclosed the 45 properties.
"Week 1 of the trial proved to have been a disappointment to even Palace
allies in the Senate with Senator-Judge Francis Joseph Escudero pointing that
graft and corruption were not properly alleged in Article 2, prompting the court
to rule that the prosecution and the defense were barred from introducing
evidence that would touch on Paragraph 2.4 that discusses ill-gotten wealth,"
one of the prosecutors told the Manila Standard.
"Week 2 of the trial was adjourned because Tupas had failed to submit a
memorandum on why graft and corruption were not properly alleged," another
prosecutor told the Manila Standard.
It was during this time that the senator-judges were antagonized when Tupas
asked for "two minutes" to ask the impeachment court to make the rules "more
liberal," and even after Senator-Judge Miriam Defensor Santiago had said she
favored relaxing the rules.
"Tupas received a dressing down from Presiding Judge and Senate President
Juan Ponce Enrile because of his last two minutes, and that proved embarrassing
to the prosecution panel," the prosecutor said.
The source said that while there already was an agreement that Tupas would
allow other prosecutors to argue the panel's position, he remained to dominate
the arguments, prompting prosecutor and Ilocos Norte Rep. Rodolfo Fariñas to
walk out of the proceedings.
"Last weekend, the prosecutors finally decided to tell off Niel to leave
Article 3 alone," the source said.
Outnumbered, the source said, Tupas acceeded but said: "Okay. But I will
still be there to supervise them."
"Doesn't he get it? People don't want him, but he's forcing himself on us," a
frustrated prosecutor said.
"We are already on Week 4 of the trial and the gains and headway we have
achieved so far, like proving that some pieces of property were not declared in
Corona's SALN, are negated by Tupas' committing one blunder after another," the
prosecutor said.
Running out of witnesses for Article 2, the prosecution is ready to present
witnesses for Article 3, which is expected to happen starting Tuesday.
Tupas steps aside; Fariñas takes over by Christine
F. Herrera
[PHOTO - REP. RODOLFO FARIÑAS, ILOCOS
NORTE]
LEAD Prosecutor and Iloilo Rep. Niel Tupas Jr. will be relegated to the role
of "chuwariwariwap"—a song refrain from a group backing up the lead
singer—during the impeachment trial of Chief Justice Renato Corona, his
colleagues said Monday.
House Majority Leader Neptali Gonzales II confirmed that Tupas will not have
a role and will not debate with the senator-judges on the merits of Article 3,
but said he will remain the lead prosecutor for the entire eight articles of
impeachment.
The prosecutors for Article 3 said they did not assign any case to Tupas.
Four prosecutors will handle Article 3 with Isabela Rep. Giorgidi Aggabao as
team leader.
The prosecutors said they did not want Tupas to bungle their case after his
dismal performance on Article 2.
Asked what Tupas' role would be, a prosecutor, who requested anonymity said,
"Wala [Nothing]. Chuwariwariwap."
The public was given a preview of how the "new team" would take over the
proceedings.
Spectators cheered in the Senate gallery and in the Padilla Room where the
prosecution panel and the media were staying when it was prosecutor and Ilocos
Norte Rep. Rodolfo Fariñas, not Tupas, who engaged the defense in a tit-for-tat.
The other prosecutors had expressed dismay over Tupas' "penchant for
grandstanding" and unmindful of his failure to craft Article 2 properly, which
the senator-judges said was "faulty and vaguely written."
Tupas, who monopolized the argument on Article 2 asserting that he was the
team leader, was at the rostrum ready to argue with defense lead counsel retired
Justice Serafin Cuevas, but Fariñas took the rostrum from him. Tupaz was
surprised but decided to step aside.
Farinas did not even bother to say "excuse me," to the delight of the other
prosecutors.
Fariñas defended the House from Cuevas, who said the House was entering the
appearance of many private lawyers, and he was worried that the P10 million in
taxpayers' money to pay for the private prosecutors hired by the House to assist
the congressman-prosecutors would balloon.
Fariñas said the private prosecutors were rendering their services pro bono,
and that Corona had also hired a "battery of expensive lawyers" when the chief
magistrate was not supposed to accept gifts or services offered for free to
ensure his independence.
Presiding Judge and Senate President Juan Ponce Enrile immediately intervened
and cut short the debate.
"Chief Justice Corona is entitled to a counsel," Enrile said.
"We cannot say if, indeed, these private prosecutors were rendering their
services pro bono, but let us just say this is all for the country."
The prosecution panel seemed relieved when Tupas was no longer allowed to
argue their position.
"It was best that he kept quiet. The less he talks, the fewer the mistakes."
Chief News Editor: Sol
Jose Vanzi
© Copyright, 2012 by PHILIPPINE HEADLINE
NEWS ONLINE
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