Out-and-out STUPIDITY of the Prosecution

“The testimony of a vice president of Megaworld Corp. proved not only how much the prosecution and some senators wanted to link Corona to a supposed illegal transaction ... It also showed that this supposed court of law has no qualms about destroying the reputation of a legitimate business like Megaworld in its desire to do so."

Taken from: Jojo Robles

Yesterday’s trial was scandalous not only because the ineptitude of the House-led prosecution was once again very much in prominent display. Yes, most people who watched the hearing may have noticed the senator-judges (even some of the most palace-oriented ones) gently and not-so-gently telling the prosecutors to confer with their own witnesses before presenting them—and to not impeach them when they testify inadvertently in favor of the defense.

But the ignorance and out-and-out stupidity of the prosecution is an old story in this trial, of course. The more execrable conclusion that many observers reached yesterday is that the prosecution and some pro-palace senator-judges will not hesitate to interfere in the policies, practices and even financial and marketing judgments of private business, just to get Corona convicted.

The testimony of a vice president of Megaworld Corp. proved not only how much the prosecution and some senators wanted to link Corona to a supposed illegal transaction like his purchase of a Taguig condo. It also showed that this supposed court of law has no qualms about destroying the reputation of a legitimate business like Megaworld in its desire to do so.

Why should the Senate, the House panel and the private prosecutors tell businessmen how to run their business by informing them about how much discounts to give, how to value their products and even who to sell to, if it is not these enterprises that are on trial? Why should a business that is not even accused of any wrongdoing (and which is making a profit in these unprofitable times) be forced to explain how it reacts to market forces, its pricing methods and marketing schemes?

The business community must protest this undue interference in its affairs, especially because it is now working under a government that seems to have no clear economic programs and which doesn’t even bother about helping business make a profit, create jobs and grow the economy. And senators like Serge Osmena and Jinggoy Estrada—who displayed how clueless they were about the judgment calls made by successful enterprises like Megaworld—should not use the trial as an opportunity to show just how little business acumen they have.

Special mention must be made, naturally, about the sanity injected into the grilling of the Megaworld executive by construction tycoon Senator Manuel Villar. Villar explained to his benighted colleagues that developers routinely give deep discounts to buyers for a variety of reasons—including the pursuit of market share like the SM Group, which announced 40 percent markdowns to everyone, including to people not in any way connected to the Supreme Court.

Soon enough, Senate President Juan Ponce Enrile, who is also in the real estate development trade, lost his patience with the private prosecutor who wanted to introduce Megaworld’s yearend financial statements to impeach his own witness and dismissed the Megaworld executive. And the attack on business by ignorant lawmakers and lawyers who just want to convict Corona abated, for now.

Two remarkable things about the Corona impeachment trial

By: Tony Lopez

Two things have struck me about the impeachment trial of Chief Justice Renato C. Corona.

One, the eight articles of impeachment have frail legal legs to stand on and probably, without the politics, cannot convict Corona.

Two, Senate President Juan Ponce Enrile, as the presiding judge of the 24-member Senate acting as the impeachment tribunal, can make or break the case for Corona.

At 88 on February 14, Enrile is the most experienced public official of the land. He served for 14 years as defense secretary to Ferdinand Marcos whom he later ousted in a four-day People Power revolt. He has served four terms in the Senate.

Enrile was a victim of the political persecution by then President Corazon Cojuangco Aquino who ousted him as defense minister following a November 1986 coup attempt against the housewife-turned-president. He ran for senator in 1987 but was almost cheated of an election victory until his military colleagues raised alarums. Later, Cory Aquino charged him with rebellion and murder following the bloody December 1989 coup, had him arrested, and confined to a police camp in Quezon City. In June 1990, Enrile and 22 others were freed by the Supreme Court , voting 11-2.

Enrile knows only too well how it feels to be falsely accused and how it feels to be shamed before the bar of public opinion.

The trial of Chief Magistrate Corona began in earnest on Jan. 16, the first working day of the Senate, and of Congress, coming from an extended vacation marking the world’s longest Christmas celebration.

The first day was won by the prosecution headed by Iloilo Fifth District Congressman Niel Tupas, the chairman of the Houe Committee on Justice that garnered the signatures of 188 congressmen to impeach Corona.

The Senate impeachment tribunal upheld the validity of the impeachment complaint and hindered the defense panel’s attempt to delay the trial through technicalities like questioning the manner the Articles of Impeachment were endorsed by the House of Representatives.

But the second day was a big victory for the defense. Presiding Judge Enrile refused to issue subpoenas to the wife, children, and son-in-law of Chief Justice Corona on the ground of self-incrimination and the jurisprudence showing that a spouse cannot testify against her husband.

The prosecution also admitted it was not ready to present Case No. 1 or Article 1. It was ready to prosecute Case No. 2 (Article 2) but their witnesses were absent.

During the first day, Corona’s lead defense counsel, Serafin Cuevas, a former justice of the Supreme Court, pleaded not guilty on behalf of his client.

Co-defense counsel former law dean Eduardo de los Angeles refuted point by point the charges against Corona.

Delos Angeles classified the eight Articles of Impeachment into two categories: those involving Supreme Court decisions (Articles 1, 3, 4, 5, 6, and 7); and those that pertain to the non-disclosure of the SALN of the Chief Justice, and his alleged refusal to account for the JDF. (Articles 2 and 8).

Article 1 alleges Corona’s partiality in cases involving the Arroyo administration.

Article 2 claims Corona failed to disclose statement of assets, liabilities and net worth (SALN).

Article 3 claims Corona failed to observe stringent standards of competence, integrity, probity and independence.

Article 4 says Corona disregarded the principle of separation of powers by issuing a status quo ante order against the House of Representatives in the case concerning the impeachment of then Ombudsman Merceditas Gutierrez.

Article 5 alleges Corona’s arbitrariness and partiality in cases related to the creation of 16 new cities and promotion of Dinagat Island into a province.

Article 6 claims Corona arrogated unto himself the authority to investigate an erring member of the Supreme Court to exculpate him.

Article 7 alleges Corona’s partiality in granting a temporary restraining order in favor of the Arroyo couple.

Article 8 claims Corona failed and refuses to account for the Judiciary Development Fund and Special Allowance for the Judiciary collections.

Prosecuting is more fun in the Philippines

It will be fun to watch Tupas and the other House “hot shots” start parading their legal knowledge or lack of it before the Senate. I have seen JPE correct the presentation of supposed “expert resource persons” in committee hearings, so woe to ill-prepared persons at the trial.

By Efren Danao

The Department of Tourism was probably not thinking of the impeachment trial of Chief Justice Renato Corona when it coined that slogan about the Philippines’ being more fun to do things in. Nevertheless, it will not detract from the fact that the trial will provide fun and entertainment to Filipinos who are in dire need of diversion amid their economic travails.

I could hardly wait for the opening of the great entertainment at the Senate on Monday, January 16, at 2 p.m. Senators will be wearing judicial robes to show the solemnity of the proceedings but this will not deprive us of the expected fun and entertainment to ensue. I’m sure millions of Filipinos will be glued to their television sets to watch the unfolding of what promises to be the biggest blockbuster of the year, produced by Malacañang. The Executive may deny till they are blue in the face that they have nothing to do with this entertainment production but very few will believe them. After all, they have been speaking off both sides of their mouth on the issue.

The House “hot shots” were having fun presenting to media and the public their supposed evidence against Chief Justice Renato Corona when Senate President Juan Ponce Enrile, the inveterate KJ that he is, asked them to keep their trap shut. JPE was later joined by Senate Minority Leader Alan Peter Cayetano, and Senators Ping Lacson, Gringo Honasan, Pia Cayetano and Koko Pimentel in admonishing the House prosecution team from making public pronouncements about the impeachment trial of CJ Corona.

Rep. Niel Tupas Jr. of Iloilo, chief House prosecutor, immediately denied any wrongdoing. He and other prosecutors maintain that the House is not under the jurisdiction of the Senate sitting as an impeachment court because the trial has not yet started. He also argued that they were not even discussing the merits of the impeachment case. Huh? If he really believes so, then they should hold his ground and continue presenting their “evidence” to media and the public. They have today and tomorrow to show the world that they really know more about legal procedures than JPE. If Tupas and Co. will act as if they are the repository of all legal wisdom in the world, then watch real fireworks in the impeachment trial.

It will be fun to watch Tupas and the other House “hot shots” start parading their legal knowledge or lack of it before the Senate. I have seen JPE correct the presentation of supposed “expert resource persons” in committee hearings, so woe to ill-prepared persons at the trial. JPE might be joined by Senators Miriam Defensor Santiago, Edgardo J. Angara, Joker Arroyo and possibly Franklin Drilon in the intense questioning of the prosecutors and their prosecution witnesses. Some of the senators who are not lawyers might not join the fray but you can bet this will only add more color to the fun.

I don’t know if Tupas has had any experience in court litigation. I know that Rep. RodoIfo Farinas of Ilocos Norte topped the Bar exams. I also know that Deputy Speaker Raul Daza of Northern Samar is an accomplished lawyer. But he and Farinas are among those in the House panel that have remained silent so far. The other members of the House prosecution panel are Deputy Speaker Lorenzo Tañada 3rd of Quezon, Reynaldo Umali of Mindoro Oriental, Elpidio Barzaga Jr. and Joseph Emilio Abaya of Cavite, Neri Colmenares of Bayan Muna party-list, Kaka Bag-ao of Akbayan party-list; and Rep. Giorgidi Aggabao of Isabela province. Assistant Majority Leader Romero Quimbo of Marikina City is the panel spokesman. Quimbo will be assisted by Rep. Sonny Angara of Aurora, the son of Sen. Edgardo J. Angara.

The impeachment court will dispose of some preliminary issues on Monday before proceeding to the trial proper. These issues are whether it can subpoena officers and members of the House, a co-equal body. CJ Corona, who is evidently unconvinced that congressmen are speed readers, has asked the Senate to subpoena the congressmen to determine if they had read the voluminous Articles of Impeachment and their attachments before they signed them.

I covered the Batasan from 1983 to 1998 and I learned that it was easier then to get a voluminous bill signed by congressmen than to have a two-page simple bill approved on the floor. A bill setting up a supposed “One-Stop Shop” was signed by more than 100 congressmen, enough to assure its passage in plenary. Then, during the period of debates, it was shown that the bill would result in the abolition of the National Economic Development Authority. And the congressmen who signed it didn’t even read this provision abolishing the NEDA!

The other issue that should be resolved by the Senate is whether it should defer hearing the impeachment charges because of pending petitions before the Supreme Court seeking such deferment.

Demeaning the Supreme Court

“Chief Justice Corona was magnanimous and conciliatory toward the President... Stressing the weakness of the judiciary boosts the people’s lack of faith in our Republic. It is a comfort that the majority of our people continue to trust President Aquino. Surely, our democracy, our Republic, would be stronger still if the people also reposed as much faith in the judiciary... These allies of the President must stop demeaning the Supreme Court. For they are cutting one of the three legs of our government—making ours a wobbly, not a strong, Republic.”

Demeaning the Supreme Court

The Manila Times opines that the “Chief Justice Renato Corona is right. There is a propaganda effort to demean the Supreme Court and its decisions against issuances of President Benigno Aquino 3rd.The CJ said this on Thursday in his speech at a forum of the Foreign Correspondents’ Association of the Philippines (FOCAP).

He said people who criticize the High Court should first read the Court’s rulings. He did not name the critics he was upbraiding. But he could have been referring to Justice Secretary Leila de Lima and some of the allies of the Aquino administration.

The DOJ chief had spoken harshly about the SC’s decision to strike down President Aquino’s creation of the Truth Commission for being unconstitutional. Sec. de Lima said the High
Court’s decision favored former President Gloria Arroyo, the stated target of the aborted Truth Commission. Ms. de Lima said the former president was now reaping profits from her investment in appointing the justices of the Supreme Court. All of the High Court justices were appointed by Mrs. Arroyo, except Associate Justice Ma. Lourdes Sereno, whom President Aquino appointed soon after he assumed office.

President Aquino himself had railed against the High Court and its decision to nullify his Executive Order creating the TC. He said the Court was derailing his anti-corruption campaign and preventing him from nailing down Mrs. Arroyo and others who had allegedly committed corrupt acts during the former president’s time in office.

But Chief Justice Corona was magnanimous and conciliatory toward the President.

He said. “I think everybody understands, the President himself understands, that this is our function. We have a right to decide the cases and people out there have the right to express their opinions about what we say or do. That is democracy.”

Apart from striking down the President’s EO 1 creating the Truth Commission, the High Court had also declared illegal EO 2 which sought to revoke former president Arroyo’s “midnight appointments.”

The chief magistrate said it did not worry him that the criticisms were giving the Court a bad image. “I’m more concerned about doing what is right.”

But there are people whose purpose is to demean, even demonize, the High Court and the justices themselves.

Some of these critics are enemies of our democracy. They want the government to fail. They know that making the judiciary, especially the Supreme Court look bad, will undo the good done by the people’s love for President Aquino. The people’s solid embrace of the President gives strength to our Republic.

Some of the critics are not malevolently against the Republic. They are simply people obsessed with their hatred for the previous regime. They do not want our Republic to be harmed by weakening the Supreme Court and the entire judiciary. They just cannot help thinking of the present Supreme Court as Gloria Macapagal Arroyo’s Court. These people’s partisan prejudice is unfair to the good people in the Court. They miss to see the independence of the justices’ decisions.

“When we decide a case, we do so in the exercise of our constitutional duty to resolve conflicts. It is never to favor or defeat one or the other party. This, in essence, is really what decision-making is all about. A Supreme Court decision is not the judgment of one man alone but the collective opinion of both the majority and the minority combined,” the Chief Justice said.

Actually, the Corona High Court has not made a single decision that deserves condemnation. Even the decision that stunned the majority of current-events aware Filipinos—the reversal of the lower court’s guilty verdict on Webb et. al.—was indeed widely criticized. But fair and high-minded legal eagles have found that decision just and not the product of corruption among the Supremes. This, despite the bereaved Lauro Vizconde’s insistence that a justice lobbied among his peers to arrive at the not-guilty decision.

One of our problems as a nation is the weakness of our institutions. These institutions will be buttressed by the people’s faith in them. When the people by and large believe these institutions to be trustworthy and manned by leaders who have the common good and the well-being of our nation at heart, that faith helps transform the weak institution and inspires the officials in them to live up to the people’s expectations.

Stressing the weakness of the judiciary boosts the people’s lack of faith in our Republic. It is a comfort that the majority of our people continue to trust President Aquino. Surely, our democracy, our Republic, would be stronger still if the people also reposed as much faith in the judiciary.

The judiciary’s fidelity to their jobs is greatly needed, especially in these times when there is a crime wave and the national police leadership seems to be unable to discipline those officers—all over the country—who are henchmen of the cold-blooded kidnappers, carnappers, drug and jueteng lords.

It doesn’t help to inspire our magistrates to be more self-sacrificial in performing their duties when government officials, especially allies of the President, are the very ones who speak ill of the Supreme Court and its justices.

Thank God, the President himself has of late become more circumspect in speaking about the High Court. But other people among his political allies have still been sneering at what they insist is the “Gloria Arroyo Court.”

These allies of the President must stop demeaning the Supreme Court. For they are cutting one of the three legs of our government—making ours a wobbly, not a strong, Republic.