CASE / PULSE ASIA POLLS MAY LEAD TO MISTRIAL
MANILA, MARCH 27, 2012
(INQUIRER) By Christian V. Esguerra - Senator Miriam
Defensor-Santiago on Sunday warned of efforts to win over senator-judges during
the long Lenten break from the impeachment trial of Chief Justice Renato Corona.
Santiago, who will join the International Criminal Court after the trial,
said the midterm elections next year would be a factor in deciding the Corona
case, especially among senators seeking reelection.
"Absolutely. I'm sure it's going to take place," she said in a radio
interview with dzBB when asked about the possibility of senators being
approached ("gapangan") during the six-week break.
"Definitely, there will be an effort to sabotage the trial by approaching
each person, each senator-judge and offering him some inducements," she added.
Despite the public focus on the impeachment proceedings, she said in
Filipino, "What's being considered in the impeachment trial is the election in
2013."
Santiago said an inducement from the Aquino administration might go like
this: "If you vote in favor of impeachment, you will likely end up on the ticket
of the administration. Think about it. We have an organization. We have money.
We all know what the advantages of the administration are."
Santiago said an offer could also come from the other side, which she
referred to as "NGOs" (nongovernment organizations) that were not in favor of
convicting the Chief Justice. She said some of these groups could also command a
significant number of votes.
Asked if there might also be a change in the Senate presidency, Santiago
laughed, saying the matter was "really ticklish."
"The devil never sleeps," she said. "Since the impeachment trial is nearing
completion, perhaps there are those who have an ambition, thinking that if I get
the result that the person talking with me wants, perhaps I could be the Senate
President."
"We cannot avoid that. That's really how politicians think."
Santiago said a number of her colleagues would be "gambling, in effect," on
their impeachment vote in relation to the upcoming elections.
"You cannot take away the fact that there are political factors in deciding
the ultimate decision of the impeachment court," she said. "Certainly, the 2013
elections will be a big factor."
Still, she said there are a "few" senators, like her, who will decide the
fate of Corona purely based on the law.
She said this group would just "hope that the public will understand that we
are only trying to apply the law without any other consideration involved."
'Contemptuous' poll
Another factor affecting the trial, which will resume on May 7, is
the release of surveys, the latest of which was the Pulse Asia survey, which
claimed that 47 percent of 1,200 respondents believed that Corona was guilty.
Santiago described the survey as "one half," pointing out that it was
conducted only with the prosecution having presented its case.
In the future, she said, the Senate should come up with a rule against the
publication of surveys during impeachment trials.
"That is contemptuous. That is an attempt to obstruct justice or to degrade
justice," she said of the Pulse Asia survey. "There is no justice there."
"In effect," she said the survey showed that 53 percent of the respondents
said, "No, we have to listen to the defense (first)."
Santiago also blasted the subsequent Pulse Asia survey showing that Corona
got the lowest approval rating of 14 percent, among President Benigno Aquino
III, Vice President Jejomar Binay, Senate President Juan Ponce Enrile and House
Speaker Feliciano Belmonte.
Binay topped the survey at 84 percent, followed by Enrile with 71 percent.
Mr. Aquino came in third with 70 percent.
Attempt to manipulate
Santiago questioned the release—and sequence—of two results released from
that one Pulse Asia survey. She said the first one claimed that nearly half of
the respondents were convinced that Corona was guilty, the second one showed he
had a low approval rating.
"That was a clear effort to manipulate the results of the impeachment trial,"
she said.
Santiago noted that Pulse Asia did not explain that a Chief Justice, not
necessarily Corona, did not normally fare well in surveys "because he is not
political."
"That is the reason. In fact, he should not be included there," she said.
"What does the public know about what they do in the Supreme Court since it's a
highly confidential process when you decide and research a case."
"I respect the observations of Senator Santiago, but we still trust
the independence and integrity of each of the senator-judges," a defense lawyer,
Tranquil Salvador III (photo), said in a mobile phone interview.
"I personally believe that they will not be persuaded. There may be efforts
to convince them, but I believe in their love of country," Salvador said.
He said the defense panel was carefully "taking note" of the statements and
observations of the senators "because we know the reality that this is a
political exercise."
"So we're making sure that our case is intact. We will rely on the
credibility and integrity of our senator-judges," he said.
Salvador also agreed with Santiago's view that Corona or any other justices
of the Supreme Court should not be included in surveys along with other public
officials.
"To my mind, that is a very good observation. First and foremost, this is a
subject of a pending case and therefore, his approval rating should not have
been touched," he said. "Second, any resolution or judgment of the court should
not be based on popularity, but on the merits of the case."
Salvador also questioned the timing of the release of the Pulse Asia survey.
"It seems that somebody wants these issues be discussed in public … to
condition the mind of the people during this long break," he said. With a report from Marlon Ramos
FROM MANILA TIMES
Santiago slams Pulse Asia Published : Monday,
March 26, 2012 00:00 Article Views : 1,388 Written by : RITCHIE A. HORARIO
CORRESPONDENT
THE continued release of surveys concerning Chief Justice Renato
Corona and impeachment proceedings in the Senate may lead to a declaration of a
mistrial, Sen. Miriam Defensor Santiago warned on Sunday.
The feisty senator castigated Pulse Asia for coming out with a series of
surveys about the public's perception on the fate of the chief justice in the
impeachment trial and on his approval and trust ratings.
Santiago said that surveys conducted by Pulse Asia seem to influence the
outcome of the impeachment proceedings.
"That is contemptuous, that is an attempt to obstruct justice or to degrade
justice. It is also clear to manipulate the result of the impeachment trial,"
Santiago told an interview over radio dzBB.
She said that by releasing survey results about the impeachment trial and
Corona's popularity, Pulse Asia is trying to influence the senator-judges who
will soon have to hand out their verdict on the chief justice.
"Eto naman (This) is a blatant case of trying to influence the
senator-judges, if that is the case that is already contempt," she said.
The senator from Iloilo also said that the release of such surveys to the
media constitutes trial by publicity and warned that releasing more
impeachment-related surveys may lead to a declaration of a mistrial.
"That is trial by publicity pag nagkaganun, malamang ma-mistrial yan (If that
is the case, perhaps there would be a mistrial)," she added.
Santiago, a Constitutional expert, explained that under the Constitution, if
there is an aggravated trial by publicity, a declaration of mistrial is deemed
necessary.
However, she said that with the present impeachment case, a mistrial cannot
be applied because there is no other venue where the hearing could be
transferred.
"We cannot apply it because in this case of the trial, the very first thing
you can do is to transfer the venue of the trial, eh wala naman tayong ibang [we
have no other] venue to transfer," she said.
Because of this, Santiago proposed that the Senate should adopt a rule that
will prohibit the publication of surveys in public during impeachment
proceedings in the future.
The senator branded the two surveys conducted by Pulse Asia and released a
week after another as "unfair" and "biased" because they aimed to discredit the
chief magistrate.
She said that the first Pulse Asia survey was conducted after the House
prosecution panel presented its evidence against the chief justice and before
the defense team can present theirs.
"Magsurvey ka pagkatapos pa lamang ng presentasyon ng prosecution, anong
klaseng survey yun hindi pa nila naririnig ang panig ng depensa [The survey was
conducted after the prosecution finished its presentation of evidence, what kind
of survey is that when you haven't heard the defense yet]," Santiago said.
The Pulse Asia survey showed that 47 percent of the 1,200 respondents
believed that Corona is guilty, with 33 percent saying he is probably guilty and
15 percent being uncertain about his guilt in the on-going impeachment trial.
Meanwhile, 43 percent could not say whether Corona is guilty or not. Only
five percent believed that he is innocent of the charges filed against him.
Santiago said that to prove that it did not commit a mistake in the first
survey and despite the negative reactions from the public, Pulse Asia again
released the result of another survey, this time on the approval and trust
ratings of Corona.
"Tuloy pa rin yung Pulse Asia company na yun (Pulse Asia still continued)…
they were not after all affected by the negative reactions of the public," she
said.
The second survey by Pulse Asia showed that 60 percent of respondents have
little or no trust on the Chief Justice while other elected government officials
enjoyed high approval and trust ratings.
Santiago said that the chief justice should not be included in the survey
saying that his position is not political in nature.
"Talagang mababa ang sa (The rating for the) chief justice (is definitely
low) because he is not political, that is the reason. He should not be included
there [in the surveys]," she added.
She explained that the public would not know how the chief justice works
because "that's a highly confidential process when he decides or research a
case."
While she castigated Pulse Asia for releasing "unfair" surveys, Santiago said
that she will not move to admonish the pollster since doing so will only delay
the impeachment proceedings.
Lobby groups Santiago also aired the possibility that some groups will lobby
for the conviction or acquittal of Corona during the Lenten break.
"I'm sure it is going to take place, both sides gagapang yan [will lobby]
because there is leisure to see senator-judge face to face," she said.
She added that there is an effort to sabotage the impeachment trial by
approaching each senator-judge individually and offering him some inducements.
"Like if you vote in favor of the impeachment of the Chief Justice you will
end up likely in the ticket of the administration… we all know what the
advantages of the administration are," she said.
She said the lobbying would not be limited to government since it is possible
that some non government organizations (NGOs) may try to persuade senators to
support their stand in the impeachment trial.
She said these NGOs may use their numbers to win the vote of the
senator-judges especially those who are reelectionists.
Unaffected Some senators however do not see the need to prohibit the
publication of survey results while an impeachment trial is ongoing, saying
surveys do not influence them.
Sen. Vicente Sotto 3rd said he doesn't mind the publication of survey results
because these would not affect the way he would vote.
Sen. Aquilino "Koko" Pimentel 3rd echoed Sotto's statement.
"Surveys are not evidence," Pimentel said.
Sen. Antonio Trillanes 4th meanwhile considered surveys as part of the
impeachment process' political aspect.
"The bottom line is if the senators would allow themselves to be influenced
by these inputs," he said.
Chief News Editor: Sol
Jose Vanzi
© Copyright, 2012 by PHILIPPINE HEADLINE
NEWS ONLINE
All rights reserved
PHILIPPINE HEADLINE NEWS
ONLINE [PHNO] WEBSITE
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