PROSECUTOR'S 'BIZARRE ALLEGATION'
[PHOTO - Private prosecutor
Vitaliano Aguirre (right) is seen covering his ears during Senator-judge Miriam
Defensor-Santiago's tirade on the prosecution panel on the 26th day of the
impeachment trial of Chief Justice Renato Corona. Aguirre, who admitted he was
irked by Santiago's speech, was later cited for contempt by the impeachment
court. Photo by Edward Ganal, Senate
Pool]
MANILA,
MARCH 1, 2012 (STANDARD) by
Christine F. Herrera and John Anthony Concepcion - THE prosecutors who wrapped
up their presentation at the impeachment trial of Chief Justice Renato Corona
faced the prospect of losing Article 3 after Senator-Judge Miriam Defensor
Santiago questioned their "bizarre allegation" on the magistrate's "excessive
entanglement" with former President Gloria Macapagal-Arroyo.
In questioning the allegation in Article 3, Santiago said "excessive
entanglement" was a term in constitutional law that applied in cases involving
the separation of Church and State.
[PHOTO - MIRIAM ADDRESSES PROSECUTORS] "Pasiklab kayo nang
pasiklab. Hindi tayo maiintindihan at pagtatawanan tayo ng [You're all
grandstanding. We will not be understood and we'll be laughed at by]
Constitutional Law students," Santiago said addressing the prosecutors from the
House of Representatives.
"Do not use the term if you don't know the meaning. What on earth are your
thinking? When you use the term excessive entanglement, that means this is a
case involving the power of the State to regulate the activities of the Church
and vice versa. Do not use this term of art here because it has nothing to do
with the Church-State conflict."
While the prosecution dropped the allegation due to a lack of witnesses and
evidence, it will remain on the records unless the prosecution amends the
complaint, which the House panel refused to do.
The prosecutors were forced to drop three of four allegations in Article 3
after Presiding Judge and Senate President Juan Ponce Enrile dismissed the
evidence they presented as "trash" because they failed to allege bribery.
On Tuesday, the prosecution rested its case by dropping five of the original
eight articles of impeachment in the impeachment complaint against Corona.
"It is our humble submission that we have already presented a strong case,"
lead prosecutor and Iloilo Rep. Niel Tupas Jr. said before Tuesday's hearing
ended.
Tupas said the prosecution would no longer present witnesses and evidence
covering Articles 1, 4, 5, 6 and 8, and would pursue only Articles 2, 3 and 7.
The move set the stage for the defense to begin its presentation after it
completed its cross-examination of the last prosecution witness, a cameraman
from the ABS-CBN TV network.
Defense counsel Ramon Esguerra said the prosecution's decision to drop the
five articles would not stop the defense from presenting its own witnesses and
evidence to counter the original charges against Corona, which had already been
publicized.
He said the dropping of the five articles only proved the defense's view that
the prosecution did not have enough evidence to support their allegations and
needed to go on fishing expeditions to prove their charges.
Toward the end of Tuesday's hearing, Senate President Juan Ponce Enrile told
the prosecutors to document their intention in a formal motion so the court
could give notice to the move to withdraw the five articles in the complaint.
In a press conference after the trial, Tupas said the prosecutors agreed to
withdraw the five articles Monday night.
"We felt we presented more than enough [evidence] to remove the Chief
Justice," Tupas said.
"We have already presented a strong case. The evidence we laid down suffices
to convict Corona for betrayal of public trust."
However, Tupas said the prosecution reserved the right to present evidence on
Corona's dollar accounts if the Supreme Court issued a favorable ruling in a
pending case regarding the accounts pending before it.
The prosecution has so far presented 25 witnesses and 397 pieces of
documentary evidence. It said it would rest its case on the 25th day of the
trial that started on Jan. 16.
Prosecution panel spokesman and House Assistant Majority Leader Miro Quimbo
said the prosecution decided to rest its case after the Supreme Court
"practically barricaded" the justices from being summoned to testify before the
Senate impeachment court.
Earlier, the House prosecutors sent an invitation to Associate Justice Maria
Lourdes Sereno to testify on her dissenting opinion on the case involving the
temporary restraining order on the government's travel ban against former
President Gloria Macapagal-Arroyo. Sereno, who was on medical leave Tuesday,
could not be contacted for her response to the invitation.
Supreme Court spokesman and administrator Midas Marquez said it was Sereno's
decision whether or not to accept the invitation, but she would have to get the
entire Court's approval to testify because its latest resolution clearly stated
that "judicial privilege belongs to the Court, and therefore it is the Court
which can waive that privilege."
The Palace said it was still hopeful that the Supreme Court employees who
served the TRO on the Justice Department would be allowed to testify at the
impeachment trial. But President Benigno Aquino III said he supported the
Senate's decision not to summon the justices.
Article 2 of the impeachment complaint alleges that Corona failed to disclose
his statement of assets, liabilities and net worth, while Article 3 involves his
alleged role in the Supreme Court's flip-flopping on final and cases.
Article 7 accuses Corona of partiality in issuing a temporary restraining
order in favor of Arroyo.
Earlier, Santiago tore into the prosecutors for their personal attacks on the
senator-judges.
"You should think," she told the prosecutors. "You are an insult to the
intelligence of educated Filipinos."
"And may I remind you, Prosecution panel, in the rules of the impeachment
court promulgated by the Senate, the senators are themselves prohibited from
making public statements on the merits of the case. How dare you make
allegations [and] personal attacks concerning senator-judges."
"We are all politicians. Don't try to fool us."
Santiago said she was particularly incensed when the prosecution announced
they had 100 witnesses but managed to present only 25.
"Were you playing games with us? You know that when the judge asked you how
many witnesses you will present, that is not binding on the lawyer. The judge
has no power to limit the number of witnesses. Why say 100? Were you trying to
mislead the court? Were you trying to conduct trial by publicity?" With Rey E. Requejo
FROM THE INQUIRER
Miriam's 'gago' was last straw for prosecution by
RG Cruz, ABS-CBN News Posted at 02/29/2012 6:49 PM | Updated as of 02/29/2012
8:08 PM
MANILA, Philippines - The curse word "gago" was the last straw for
the prosecution and may have caused private prosecutor Vitaliano Aguirre to
cover his ears during a speech by Senator-judge Miriam Santiago during the
impeachment trial on Wednesday of Chief Justice Renato Corona.
Prosecution spokesman Rep. Sonny Angara said, "Siguro, di naman po, as you
will recall, bago tumayo si Aguirre at si Fariñas, pina-strike out niya yung
word na 'gago.' Di na nakayanan ng prosecution the use of such a word."
Ridiculed, mocked and lectured by luminaries inside and outside the Senate,
the prosecution took exception to Santiago's use of the word in an oblique
reference to the prosecution.
Angara said Aguirre, who was cited for contempt by the Senate impeachment
court, may face a fine to 10 days imprisonment.
He has been a practicing lawyer for 40 years and was one of those who handled
the defense of Hubert Webb in the Vizconde massacre case.
Aguirre is a volunteer prosecutor.
Angara said the rest of the prosecution team will not show if they share
Aguirre's sentiments.
He maintained that they will respect the court.
Aguirre left the Senate escorted by security staff of the House of
Representatives and some congressmen after he rested for about an hour inside
the prosecution team's office.
The were cheers inside the prosecution office at the Padilla Room of the
Senate as Aguirre stood his ground against Santiago.
Prosecution staff were overheard cheering from beyond their holding area,
which is separated from the press working area by a divider.
It could not be immediately determined who exactly were cheering from beyond
the enclosure.
Prosecution spokesman Rep. Lorenzo Tañada III, however, hopes that the case
of Aguirre will not affect the vote of the senator-judges on the impeachment
case of Corona.
Tañada stood by Aguirre's decision not to walk out of the trial since even
that may be interpreted as a sign of disrespect.
He said the prosecution has already rested its case and Aguirre's help is no
longer needed.
He, however, does not want to second guess what sanctions Aguirre will incur
from the court.
Miriam's BP shoots up to 190/90 by Chiara
Zambrano, ABS-CBN News Posted at 02/29/2012 7:28 PM | Updated as of 02/29/2012
8
MANILA, Philippines - Senator Miriam Defensor Santiago's blood
pressure shot up to 190/90 after a heated confrontation with a private
prosecutor that prompted the presiding officer to suspend the impeachment
proceedings on Wednesday.
Speaking to the media after the adjournment of the impeachment trial,
Santiago said her blood pressure had slowly been normalizing before her war of
words with Atty. Vitaliano Aguirre, the private prosecutor who was seen covering
his ears while Santiago was speaking before the court.
Santiago unleashed yet another tirade against the prosecution, saying it was
unethical in its sudden withdrawal of the 5 articles of impeachment, when the
Senate impeachment court was led to believe that prosecutors had 8 articles of
impeachment to present.
She was so incensed that she even called the prosecutors "gago" for coming
out in public saying they have a strong case even with only 3 articles
presented.
But despite the tension in the court, Santiago said "I am too old to take
this personally."
She also refused to put the blame on the entire impeachment panel because
"the man has a mental disorder," Santiago said, referring to Aguirre.
She defended the way she lectured prosecutors in the course of the trial,
saying "it is the right of a judge to call attention on errors that she sees."
Santiago, however, leaves the discussion of the actual penalty on Aguirre to
her colleagues, saying she is not after his imprisonment, only that she wants
the penalty meted out as soon as possible.
Santiago said she will not participate in the deliberation of Aguirre's
penalty in caucus.
When asked if an apology from Aguirre now will change things, Santiago said
"no."
Chief News Editor: Sol
Jose Vanzi
© Copyright, 2012 by PHILIPPINE HEADLINE
NEWS ONLINE
All rights reserved
PHILIPPINE HEADLINE NEWS
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