MIRIAM GOES BALLISTIC
[PHOTO - EARFUL: An irate Sen. Miriam
Defensor-Santiago covers her ears during a tumultuous moment in the impeachment
trial of Chief Justice Renato Corona on Wednesday after private prosecutor
Vitaliano Aguirre III was caught on camera covering his ears as Santiago was
berating the prosecution panel. Aguirre, who said his ears "were hurting," was
later cited in contempt for disrespect of a senator-judge. SENATE POOL]
MANILA,
MARCH 3, 2012 (INQUIRER) By
Cathy Yamsuan, Michael Lim Ubac, TJ Burgonio - Private prosecutor Vitaliano
Aguirre had had enough of Senator Miriam Defensor-Santiago and had the guts to
stand up to her.
In a hearing marked by high drama, Aguirre covered his ears with his hands
while the prosecution panel was receiving yet another a tongue-lashing from
Santiago, this time for its sudden decision on Tuesday to rest its case against
Chief Justice Renato Corona.
For that "contemptuous" behavior, Aguirre earned the ire of not just Santiago
but the entire Senate impeachment court, which cited him in contempt on Day 26
of the impeachment trial, ironically a day after the prosecution had rested its
case.
"I charge this private prosecutor with contempt of this impeachment court! I
have evidence right here taken by Senator Alan Peter Cayetano, and to say that
nasaktan ang tenga ko (my ears hurt) should have been (a cause) for you to walk
out of this impeachment court. But you cannot make those contemptuous gestures
in front of a judge, and get away with it," Santiago declared.
Cayetano himself took the picture using his cellular phone camera.
Santiago made the motion to cite Aguirre in contempt soon after the volunteer
lawyer candidly admitted to the impeachment court that he did cover his ears.
"That's true because my ears already hurt," Aguirre said, while being
questioned by Senate President Pro Tempore Jose "Jinggoy" Estrada.
Estrada had inquired into Aguirre's motive for publicly displaying his
disdain for Santiago.
"It seemed that you don't want to listen to her," Estrada said. "That's
disrespect for a member of this court."
Aguirre argued that he had to cover his ears because he did not agree with
Santiago's position that it was not usual for lawyers to withdraw, or amend
their complaints.
"This happens every day. The fact is that this is the first time that I
experienced in my 40 years of practice that a judge would lecture his lawyers.
That's not proper," Aguirre said.
All about respect
Told by Estrada that he should have objected to Santiago's manifestation,
Aguirre retorted that he had "no right to object."
Under the Senate rules, private prosecutors are under the supervision of the
prosecution panel and can not debate with the senators.
Aguirre said: "May I say something? If my actuation has hurt somebody, I
really did it purposely because my ears were hurting from her shrill voice. My
point here is that even if we're mere lawyers, we also deserve respect. If you
demand respect, respect also these lawyers because human dignity has no equal."
After the hearing, Santiago, whose blood pressure shot up to 190/90, said it
was Aguirre's problem how to deal with the citation. Citing her colleagues, she
said Aguirre had been calling attention to himself during the hearing.
"I'm too old to take this thing personally. I think he has just a mental
disorder. A lawyer will never, never aggravate the judge," she said. "Maybe he
just wanted the prosecution to lose, or to publicize himself."
She said she was "happy" that the senator-judges were unanimous in citing
Aguirre for contempt.
Part of 'dirty tricks'
In a statement later, Santiago said it appeared that Aguirre might have been
"planted" to provoke her and raise her hypertension to a higher level,
"precipitating either a stroke or a heart attack."
Quoting her staff, she said that Aguirre had always been seated in the
gallery until Wednesday, and "would always sneer at me very loudly."
"All of a sudden, he sat smack dab in the middle of the front row of the
prosecution panel," she said.
"With these tactics, the usual suspects are up to their dirty tricks," she
said.
At the trial, Santiago twice took the rostrum to blast the prosecution over
the withdrawal of five of eight articles of impeachment and their manifestation
to make their formal offer of evidence within three days. In both instances,
Aguirre, who was seated in the row of the prosecution table, was seen covering
his ears with both hands.
"I should be recognized first by this honorable impeachment court to state
what I feel. But since I'm already here, I will say what I feel."
At this point, an angry Santiago reiterated her motion for contempt.
"Imagine if all the lawyers did that in front of the impeachment court, if
all of the senator-judges took the (floor) to express his opinions … (if) you
don't agree with (us) then don't listen to us, get out of the courtroom!" said
Santiago, a former trial judge known for berating lawyers who did not measure up
to her courtroom expectations.
Aguirre swiftly replied: "I was about to leave but …"
"Granted!" Santiago roared. "If that is in the form of a motion, go ahead!
You're challenging me!"
Penalty: Miriam's speeches
Senate President Juan Ponce Enrile pleaded for the parties to remain "calm in
this proceeding and deal with one another in a fashion that will not a create an
impression before the people that we are not following the rules."
Before things got out of hand, Enrile banged the gavel to suspend the
session.
But seething with anger, Santiago strode toward Aguirre and confronted him.
"What?" Santiago taunted him, her eyes fixed on Aguirre for a few minutes.
At this point, prosecutors and senators restrained the two.
Aguirre was ushered out of the courtroom by House staff members, while
Santiago stayed in her seat during the long suspension in the trial, alternately
talking with Senators Alan Peter and Pia Cayetano, Loren Legarda, Vicente Sotto
III and Estrada.
Sotto, the majority leader, later told the Philippine Daily Inquirer that the
senators would take up the penalty to be imposed on Aguirre in a caucus on
Tuesday.
"I don't know if this is serious or not but it is being suggested by Senators
Francis Escudero and Panfilo Lacson that we place attorney Aguirre in a room in
front of a television set playing the videotape of one of Miriam's privilege
speeches."
Sotto said he was not kidding because "it's being suggested, with a request
that Aguirre would not be allowed to cover his ears." Frivolous and sham
Before the face-off with Aguirre, Santiago slammed the prosecutors for airing
charges that they now refuse to prove, saying that they had compromised Corona's
"moral position."
"I am terribly concerned that this might constitute unethical behavior in
this trial court," she said.
"We have a term of art—'frivolous and sham'—that can be taken in its
technical meaning. A frivolous claim refers to a motion or lawsuit motivated by
intent merely to harass, delay or embarrass the opposition. The claim must have
no arguable basis in law or in fact," she explained.
Santiago wondered whether prosecutors "acted in good faith" when they told
the impeachment court in a legal compliance submitted in January that they would
present evidence and witnesses for eight articles.
"Because now you turn around and say you don't want to do that," she noted.
Santiago said some colleagues had read and studied all eight articles in
fulfillment of their functions as senator-judges.
"That's what the law calls frivolous when you say 'I don't want to present
evidence on eight, I only want to present evidence on five.' Let me remind you
gentlemen, the lawyer's oath: I will do no falsehood, not promote or sue any
groundless, false or unlawful suit or aid or consent to the same," she said.
Continuing habit
Santiago said that her suspicion was bolstered by the prosecution panel's
continuing habit of announcing to media that its evidence can already prove
Corona's guilt.
"I am very concerned that the prosecution has been acting in bad faith all
along because you tell so many things to media when you can file an official
manifestation in this court. You insist you are already winning the court battle
because you have proof beyond reasonable doubt. Good grief, that is contempt of
court," she said.
Santiago reiterated an earlier charge that the prosecution's discussion in
press conferences of charges they planned to prove was a case of trial by
publicity and was a clear prejudgment of Corona's case.
'Gago'
Wednesday's action-packed hearing was heralded by Santiago's manifestation
virulently attacking the prosecution for dropping five of the eight articles of
impeachment against Corona.
She spewed out highly unpleasant remarks, but the House lead prosecutor,
Iloilo Representative Niel Tupas Jr., meekly held his peace throughout the tense
trial.
"I felt like creeping back into bed and adopting a fetal position, which is
the normal reaction of any sane person when he's faced with a world that is
crumbling around him. I no longer know what universe I'm in … because I've never
seen this done to a judge before," Santiago said.
She blasted the prosecution, calling it names such as the offensive word,
"gago."
How do you spell 'wah?'
Upon a motion from the House deputy lead prosecutor, Ilocos Norte
Representative Rodolfo Fariñas, this unparliamentary remark was later stricken
from the record, with no objection from Santiago herself.
Scolding the prosecution, the senator said the prosecution was "playing
games" with senator-judges in dropping the five articles after promising earlier
to present about 100 witnesses.
"I was not born yesterday. We will be studied generations from now. This is a
travesty. I request the secretariat to record in the journal that I said,
'Wah!'" she said.
Santiago repeated this expression three times.
After the blast, Sotto said that Senator Serge Osmeña had asked, "What's the
spelling of 'Wah?'"
No one asked Santiago what that term of endearment was all about.
FROM PHILSTAR
Lawyer apologizes, quits prosecution panel By Jess
Diaz (The Philippine Star) Updated March 02, 2012 12:00 AM
[PHOTO - For showing "disrespect" to a senator-judge, the Senate
impeachment court has cited lawyer Vitaliano Aguirre for contempt. However, it
has yet to prescribe a penalty. ]
MANILA, Philippines - Volunteer lawyer Vitaliano Aguirre has quit the
prosecution panel in the impeachment trial of Chief Justice Renato Corona and
has apologized for making Sen. Miriam Santiago blow her top with his gesture of
covering his ears with his hands while she was berating prosecutors.
Prosecution spokesman Rep. Miro Quimbo of Marikina told a news conference
yesterday that Aguirre had informed them of his decision to resign as private
prosecutor.
"He realized that the situation has become difficult for him. Anyway, he has
already apologized for the incident. We thank him for his volunteer work, for
which he spent time and money," Quimbo said.
Aguirre incurred Santiago's ire when he covered his ears with his hands while
the senator, who will soon sit in the International Court of Justice, was
lecturing prosecutors in a raised voice.
When Sen. Jinggoy Estrada confronted the volunteer lawyer, Aguirre said he
could no longer take Santiago's lecture.
Quimbo said the incident "was entirely unexpected on our part and it would
have been better had it not happened."
"As public prosecutors, we have become used to being lectured by Sen. Miriam.
We take it as part of the process and we set aside our sense of pride for the
higher goal of expediting the trial and getting the Chief Justice convicted," he
said. He said there were times when Santiago "was kind to the prosecution."
"Despite the incident, we are sure that she'll be fair and objective when she
casts her vote on the Corona impeachment case," he added. He also said Aguirre
would abide by the decision of the impeachment court on the penalty it would
impose on him for his contemptuous behavior even if he would quit the
prosecution panel.
"But we hope the impeachment court would give him leeway, considering that he
has already apologized," he said. He said Santiago's labeling of prosecutors as
"gago (stupid)" was uncalled for. "It was good that it was deleted from the
record of proceedings," he said. It was deputy lead prosecutor Rep. Rodolfo
Fariñas of Ilocos Norte who moved for the deletion of Santiago's remark.
Fresh sashimi
If he has way, Senate President Juan Ponce Enrile would like Aguirre to spend
two nights at the Senate and served fresh sashimi with lots of spicy wasabe as
punishment for disrespect of Santiago.
The Senate acting as impeachment court will decide in a caucus on Tuesday
what sanction would be imposed on Aguirre. If he is ordered detained, Aguirre is
likely to share space with Jerry Leal, an anti-money laundering expert of the
Bangko Sentral ng Pilipinas, who was threatened with contempt by Enrile
allegedly for lying about Corona's bank documents.
Enrile admitted that he would often lower the volume of his earpiece because
floor debates can become "too loud."
Enrile, a veteran trial lawyer, said he understands Santiago's outburst. "I
understand Miriam's frustration," he said. "Seeing our fellow lawyers fumbling
can be frustrating."
He said it is normal in courtrooms for judges to berate inexperienced and
fumbling lawyers.
"You really need to be taught lessons in law. You may have to be humiliated
in front of fellow lawyers to learn," he said.
Not contrite
In a separate interview, Santiago again blasted Aguirre for his "defiant
attitude to the Court. "
"When you apologize you adopt a contrite attitude because yesterday, the
reason why senators became angry, first, he was committing an act of misbehavior
in the very presence of the judges," Santiago said.
Santiago said Aguirre's action was direct contempt which was criminal in
nature.
"It will be a criminal record… When he was asked to explain, all the senators
noted that he was not even sorry, he was even very arrogant in claiming it,"
Santiago added. – With Christina Mendez
Miriam: It's 'wha'- as in 'what?' By Christina
Mendez (The Philippine Star) Updated March 02, 2012 12:00 AM
MANILA, Philippines - It's spelled "wha" – as in "what?"
"Wha," which has become Sen. Miriam Defensor-Santiago's new expression of
exasperation, is now a buzzword in social networking sites, radio and television
shows and even among her colleagues in the Senate.
Senate President Juan Ponce Enrile adopted the expression yesterday while he
was being interviewed by the media on his views on the use of vulgar words such
as "g-a-g-o" during Day 26 of the impeachment trial of Chief Justice Renato
Corona.
"Wha! There's a part 1 and part 2," Enrile said, to the amusement of the
Senate media.
In a later interview, Santiago said the correct spelling is "wha," a slang
for "what."
"It's spelled 'wha!' It's like an American 'What?!' From the term what, it
became a slang, wha or what goes on or wha?" Santiago explained.
Santiago's expression became very popular just as her temper also made
headlines after she moved to cite for contempt private prosecutor Vitaliano
Aguirre, who was seen covering his ears while the senator was berating the
prosecution for withdrawing five of the eight Articles of Impeachment against
Corona.
The Senate supported Santiago's motion to cite Aguirre in contempt a few
minutes after Senate President Pro-Tempore Jinggoy Estrada brought up Aguirre's
apparent disrespect to the court.
Chief News Editor: Sol
Jose Vanzi
© Copyright, 2012 by PHILIPPINE HEADLINE
NEWS ONLINE
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