House prosecutors do not appear to be scoring any favorable points with their “trial by publicity” on the impeachment trial of Supreme Court Chief Justice Renato Corona, with the lower court judges joining the criticisms and warnings aired earlier by senators against the prosecutors’ penchant for releasing “evidence” and convicting the CJ through publicity.
A group of lower court judges have criticized the House prosecution panel for making public documentary evidence in the impeachment trial of Corona.
The Metropolitan and City Judges Association of the Philippines (MetCJAP) said the move of the prosecution team to expose the document proving Corona’s ownership of a 300-sq. m. apartment in Bonifacio Global City in Taguig City was an apparent resort to “trial by publicity” that could undermine the independence of the impeachment court.
“Making public the chief justice’s alleged acquired properties ahead of the scheduled pre-trial and/or trial before the Senate is certainly foul,” MetCJAP president and Cagayan de Oro City Judge Cesar Merlas said.
Merlas added they would call on the senators to take the necessary action against the prosecution team led by Iloilo Rep. Niel Tupas Jr.
Apart from the penthouse in Bellagio condominium, Corona’s purported ownership of a house in the posh La Vista Subdivision in Quezon City, another house in
the posh La Vista Subdivision in Quezon City, another house in Loyola Heights in Quezon City, a condominium in Makati City and another one in Bonifacio Ridge in Fort Bonifacio, Taguig were likewise bared in the House in press conferences as they insisted, along with Malacañang, for the CJ to make public his Statement of Assets and Liabilities Networth (SALn).
Two associate justices of the High Court, Justices Antonio Carpio and Lourdes Sereno, known to be pro-Aquino and perceived to be part of the group pressuring Corona to resign, for one of them to be appointed chief justice, upped the pressure by disclosing not their SALns, but merely a summary of their SALn, which automatically received fulsome praise from President Aquino.
But the judges said: “The prosecutors should come to the impeachment court with clean hands,”
The group also vowed to closely monitor the impeachment trial in the Senate, as they reiterated that they consider the impeachment of the Chief Justice an attack to the judiciary as an institution. The judges held a “court holiday” last month to protest the impeachment of Corona by allies of President Aquino in the lower house of Congress.
The prosecution panel’s move drew flak from Senate President Juan Ponce Enrile and Senators Panfilo Lacson and Francis Escudero who advised the lawmaker-prosecutors to follow the Rules of Impeachment, which clearly state that respondents, complainants and witnesses are called on to refrain from talking about the merits of the case.
Corona’s legal team led by retired SC Justice Serafin Cuevas aid it would not seek a contempt citation from the impeachment court.
Cuevas told reporters in an interview that the reminder from the senator-judges on the impeachment rules prohibiting discussion of merits of the case in the public would suffice.
Still, the chief justice’s lawyer pointed out that the graft charges have remained “conjectural and speculative allegations” since they still do not have supporting evidence.
He explained that the questioned apartment is a conjugal property of Corona and his wife Ma. Cristina, and the prosecution has yet to show evidence that it was acquired through illegal means.
Cuevas also argued that the new allegations against the CJ, apart from the 300-sq. m. apartment in Bonifacio Global City in Taguig City made public by the House prosecution panel last Tuesday would not stand in the impeachment trial.
He explained that rules of procedures provide that the prosecution cannot present evidence or new allegation not included in the complaint.
The House, in its complaint filed last Dec. 12 and signed by 188 congressmen, had alleged that the property could have come from ill-gotten wealth, but has yet to present a proof.
Corona, in his answer filed last Dec. 26, responded: “Complainants speculate that he (Corona) has not reported this in his SALn and that its price is beyond his income as a public official. CJ Corona admits that he and his wife purchased on installment a 300-sq. m. apartment in Taguig, declared in his SALn when they acquired it.”
The House prosecution panel also yesterday vowed to abide by rules of the Senate Impeachment Court even as they said that c oming out with some evidence against CJ is not meant to antagonize the senators.
Aurora Rep. Juan Edgardo “Sonny” Angara, spokesman of the prosecution team, said the prosecution panel is mandated follow the rules of the Senate.
“Our group is committed to strictly follow the rules of the Senate Impeachment Court. We will abide by the ground rules and directives issued by the senator-judges,” Angara told reporters.
Senate President Enrile and several other senators on Thursday chided Iloilo Rep. Niel Tupas, head of the prosecution panel, for presenting to the media documents that would be submitted as evidence in the impeachment trial against Corona.
Enrile claimed that the prosecution team, by coming out with the “14.5-million condominium units of Corona, is resorting to trial by publicity. Enrile said that the prosecution team should withdraw the impeachment case if it wants to try Corona through public opinion.
Angara clarified that by coming out with the evidence against Corona the prosecution team did not intend to disregard the impeachment rules.
“There was no intention on our part to show disrespect. Our job here to observe the rule of law and observe due process,” said Angara.
He also denied that the prosecution panel has any plan to subject Corona to trial by publicity by waging a shame campaign.
“There was no plan to subject him to trial publicity. We are confident with the strength and probity of our evidence to prove the eight Articles of Impeachment against the Chief Justice,” said Angara.
There were more criticisms from senators yesterday.
The prosecution team should consider resigning or quitting their task in the impeachment trial of the CJ if they refuse to abide by the rules on proceedings, Senate Minority Leader Alan Peter Cayetano said yesterday.
Sen. Aquilino “Koko” Pimentel said the House prosecution panel should be man enough and ready to face the consequences of their action, should they choose to continue discussing the merits of the case in public.
“We have already the impeachment complaints, their names and their signatures are already there. It will be a colleagial decision on whether to discipline them or not, but personally, I will be liberal in interpreting the Rules,”Pimentel said, recalling the incident where he was cited in contempt by court.
Cayetano agreed with the position taken by the Senate President.
“It’s not a matter of agreeing with the senators, because it’s in the rules. It is written there that the senator-judges shall refrain from discussing the merits of the case. In the next paragraph, it says the prosecutors shall likewise refrain from discussing the merits of the case.
“Now, this is the difficulty: since it is also political in nature, those who want the Chief Justice impeached also want to build a case with the people. But there is a way to do that. The prosecutors should not be the one to talk.
Sen. Francis Pangilinan, a staunch political ally of Malacanang and member of the ruling Liberal Party (LP), came to the defense of the House prosecution panel who had been at the receiving end of numerous tirades and admonition from his own peers.
Pangilinan differs in opinion of most of his colleagues as he is of the position that the so-called gag rule, as provided in the Senate’s rules of impeachment, applies strictly only among the senator-judges and thus, can not be imposed upon other parties to the proceedings.
“The rule on refraining to make public comments on the merits of the case, to my mind, applies strictly to the Senator Judges, but should be construed liberally when it comes to both the defense and prosecution lawyers,” he said.
“Even in judicial proceedings wherein the sub judice rule applies, lawyers of both the accused and the prosecution are routinely interviewed by the media as a means to secure information about pending cases. Lawyers for former President Arroyo are even allowed to say they are willing to “cut their balls” on national television and are repeatedly interviewed about cases pending before the Supreme Court. If this is allowed in a judicial proceeding, all the more it should be allowed in a political proceeding.
Sen. Pia Cayetano, on the other hand, said members of the House prosecution panel should show respect for the constitutional process by refraining from further discussing in public details of the impeachment case filed against Corona.
Other interested parties in the impeachment case must also adopt this tact while preparations are underway for the trial which is scheduled to start on Jan. 16, she added.
“This is not a trial by publicity. The impeachment court has been constituted. Prudence dictates that we refrain from any discussion in deference to the impeachment court and the proceedings, and show respect for our constitutional process,” she stressed.
Gerry Baldo and Angie M. Rosales
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