Stage set for impeachment trial of Chief Justice Corona

Senate tribunal
convenes, House
prosecutors named

By JO ERLINDA G. NEBRES
Special to Fil-Am Megascene

PASAY CITY – The stage is set for the trial of Chief Justice Renato C. Corona as he revealed he is ready to face the impeachment case  against him before the Senate by the House of Representatives and denounced President Benigno S. Aquino III for laying the ground to be a dictator with control of the independent Judiciary and the Legislative branches of government. 

”I am ready to face the impeachment trial,” Corona said, adding that he can soundly sleep and his conscience is clear because he performs all his duties. Corona denied all the allegations in his speech on Wednesday, insisting that he did nothing wrong against President Aquino and the Filipino people. 
Malacanang, however, insisted it believes there is strong evidence to remove  Chief Justice  Corona when the impeach trial begins at the Senate in January next year. “At this point we believe that the evidence is strong,” Presidential spokesman Edwin Lacierda said.
The 23-member Senate immediately convened as the Impeachment Tribunal to be presided by Senate President Juan Ponce Enrile in ceremonies on Wednesday, the last day of session of the Senate this year.
The trial proceedings, however, is expected to start on January 16 when the Senate re-convenes its session. At the resumption of the impeachment
of tribunal, the Senator-Judges are expected to summon Corona to give his answer to the complaint within 10 days. The House prosecutors will then be given five days to comment and the actual trial will begin presumably by February 2012.

Also on Wednesday, the House of Representatives  elected 10 congressmen who will act as prosecutors in the impeachment trial. They are Reps. Niel Tupas Jr. (Iloilo), Lorenzo Tanada III (Quezon), Elpidio Barzaga Jr. (Cavite), Rodolfo Farinas (Ilocos Norte), Giorgidi Aggabao (Isabela), Kaka Bag-ao (Akbayan party-list), Neri Colmenares (Bayan Muna party-list), Reynaldo Umali (Mindoro Oriental), Raul Daza (Northern Samar), and Joseph Emilio Abaya (Cavite). 
Aurora Rep. Juan Edgardo Angara and CIBAC party-list Rep. Sherwin Tugna were added as alternate prosecutors. Marikina City Rep. Romero Federico Quimbo will act as spokesman of the panel. 
Also on Wednesday, judges, clerks of courts, sheriffs and other court employees throughout the country declared a “court holiday” to show their solid support to Corona and emphasize the independence of the judiciary as co-equal of the Legislative and Executive branches of government. Thousands of judges and court employees trooped to the Supreme Court to hear the Chief Justice respond to the complaint against him.
This developed as the haste in the impeachment of the Supreme Court chief was denounced by more members of the House led by Rep. Toby Tiangco of Navotas City who claimed the lawmakers were not even given the chance the read the complaint, pose questions about it and study it.
Rep. Hermilando Mandanas of Batangas, one of only three original Liberal Party (LP) members in the House and one of the 99 lawmakers who did not sign the complaint, was stripped of the chairmanship of the committee on ways and means. Mandanas corroborated the statement of Congressman Tiangco that the complaint was fast-tracked like a bullet train without any discussion at all.
Earlier, Rep. Edcel Lagman of Albay, the leader of the Minority Bloc in the House, claimed that the lawmakers were blackmailed into signing the complaint otherwise their P20 million pork barrel each will not be released by the administration of President Aquino. “This is the mother of all blackmails,” he stressed.
Lagman said he still believes that the senators, who will act as judges during the impeachment trial, will be strong and fair and would act judiciously.
“We are hoping that the senators, sitting as judges of the impeachment court, would be strong, fair, and judicious and would not succumb to the impertinence of the administration,” he said
At the Senate, Rep. Joker Arroyo, once the defender and Executive Secretary of then President Corazon Aquino, likened the present President to a genius, pointing out that while then dictator President Ferdinand Marcos achieved control of all three independent and co-equal branches of government through Presidential Proclamation No. 1081 on martial law, the younger Aquino did it with only a wave of command to congressmen and a stroke of pen. Arroyo earlier described the present Aquino government as being run by people like a Student Council for lack of direction and failure to act on pressing matters like the economy, poverty and others.
 Crossing party lines and with 188 votes, the House on Monday impeached Corona as the 23rd SC Chief Justice anchored on three grounds – alleged betrayal of public trust, graft and corruption, and culpable violation of the Constitution. Close to 100 lawmakers did not sign the complaint.
During his speech before justices, judges and court employees Wednesday afternoon at the Supreme Court grounds, Corona said that “this impeachment is borne out of greed to have a Supreme Court which can be dictated upon, can be looked down, and hastily implement their wishes.”
He noted that the eight articles of impeachment filed against him were based on his personal actions and official actions.
Corona vehemently denied that he committed graft and corruption in his own personal actions.
He also belied accusations that he did not want to disclose his Statement of Assets, Liabilities and Net Worth (SALN), saying he has been religiously submitting his SALN every year.
”These allegations are a big lie,” Corona stressed.
He also explained that he is not a “midnight appointee” as his appointment in May 2010 went through a tedious process based on the Constitution.
He noted that the Judicial and Bar Council (JBC), which is included in such process, was headed by then Chief Justice Reynato Puno.
”This has long been decided upon by the Supreme Court. It has long been over. If they have complaint in the decision of the Supreme Court, they should have fought for it a long time ago,” Corona said.
He said that he will not allow the Supreme Court to surrender to intense attempts to be controlled by the other branch of government.
”I will be the first to oppose it. I will be the first to fight against it,” Corona said.
Inasmuch as what is being fought here is the Supreme Court and democracy, Corona said, “it is my honor and duty to fight this impeachment for all of us.”
Corona stressed that he will courageously and intelligently face the baseless accusation, “point by point,” before the Senate.
Clad in scarlet red robes, members of the Philippine Senate took their oath as senator-judges as the Senate convened itself on Wednesday as an impeachment court for the trial of  Chief Justice Renato Corona.
All the 23 senators attended the oath-taking, with Senator Antonio Trillanes IV, being the youngest member of the Senate, administering the rites that formally signaled the start of the impeachment trial.
Aside from Trillanes, other members of the Chamber are: Senate President Juan Ponce Enrile, Senate Majority Floor Leader Vicente Sotto III, Senate President Pro-Tempore Jinggoy Estrada, Senate Minority Leader Alan Peter Cayetano;
Senators Gregorio Honasan, Manuel ‘Lito” Lapid, Francis ‘Kiko’ Pangilinan, Francis ‘Chiz’ Escudero, Panfilo Lacson, Serge Osmena III, Ralph Recto, Teofisto Guingona III, Franklin Drilon, Aquilino ‘Koko’ Pimentel III, Loren Legarda, Edgardo Angara, Ramon Revilla Jr., Miriam Defensor-Santiago, Ferdinand Marcos Jr., Manuel Villar Jr., Juliana Pilar Cayetano and Joker Arroyo.
On Tuesday, the Senate formally received the eight articles of impeachment signed by 188 of the 287 members of the House of Representatives.
Tina Cruz, legal counsel of the Senate and spokesperson of the impeachment court, said after the oath-taking that Corona would be summoned and directed to reply within non-extendable 10 calendar days to the impeachment complaint.
The House of Representatives will then be given five days to answer Corona’s reply, according to Cruz.
The Senate adjourned on Wednesday for its annual Christmas break and will resume on January 16, next year.
”When the Senate resumes on January 16, the impeachment court will also resume with the senator-judges expected to receive the documents,” Cruz said.
Senate President and impeachment court presiding judge Juan Ponce Enrile said the hearing proper is expected to start by the end of January.
Although the Chief Justice is not mandated to personally appear, Enrile is hoping that Corona will defend himself against the accusations of betrayal of public trust, culpable violation of the Constitution and graft and corruption during the trial.
”It’s up to him if he wants to appear in person. I think as a lawyer, the Chief Justice will appear,” Enrile said.
As presiding judge, Enrile said he will not allow “disorderly behavior” just like what happened during the 2001 impeachment trial of former President Joseph Ejercito Estrada when the prosecution walked out when the senators judges voted “No” to the opening of the second envelope.
”I will not allow the lawyers to walk out. The Senate has power of contempt. We can close the door and arrest the lawyers who will walk out,” Enrile said.
Enrile, however, promised to give both sides ‘fair trial’ but we will not allow dilatory tactics.”
Enrile allayed fears that the decision of the House of Representatives to impeach the Chief Justice would result to constitutional crisis.
”We have no constitutional crisis now but all of us must be cautious and careful in handling this case as it might have repercussion in the image of our country because the world is watching us,” Enrile said.
Enrile said the impeachment trial would not affect the legislative calendar by scheduling the session in the morning from Monday to Thursday and the impeachment trial at 2 p.m.
”We will do our best not to affect our legislative work,” he said.
Enrile said the Senate will continue to tackle the important measures like the Reproductive Health bill and Freedom of Information bill.
Senate President Pro-Tempore Jinggoy Estrada, whose father became the first Philippine president to undergo impeachment trial, said on Wednesday that he respects the opinion of Corona when the Chief Justice defended himself from the accusations hurled by his critics and the 188 House members who impeached him last Monday.
”Because of the criticisms against him, he has to defend himself in public. But still I will have to base my decision on the pieces of evidence that will be presented before the impeachment court,” Estrada said.
Senate President Juan Ponce Enrile expressed readiness to sit as presiding judge of the impeachment court even as he vowed impartiality in handling the case against Corona.
”We have to judge the issues very carefully and very impartially,” Enrile said.
”We have always been prepared, the moment we were sworn in as senators we are prepared to do all that,” the veteran lawmaker added.
Senator Panfilo Lacson, one of the critics of former President Gloria Macapagal-Arroyo who appointed Corona seven days after the May 10, 2010 elections, said Corona has the right to express his sentiment but it would affect him as senator-judge.
”I can speak for myself as a senator judge. I will be very objective. I will listen to the presentation of evidence, the presentation of the defense. And I will base my decision on the evidence to be presented,” Lacson said.
Senator Antonio Trillanes IV, for his part, opted not to watch the speech of Corona “so that my decision during the impeachment trial will not be affected.”
However, Corona denied all the allegations in his speech on Wednesday, insisting that he did nothing wrong against President Benigno Aquino III and the Filipino people.
With the worsening conflict between the judiciary and the executive department, Estrada believed “it’s too late for anyone to mediate.”
”It really went out of proportion already with the executive clashing with the judiciary and vice versa. For me, it’s too late for anyone to mediate, for it (the articles of impeachment) has already reached the Senate,” Estrada said.
However, Estrada defended President Aquino from Corona’s accusation that there is a looming dictatorship in the executive department.
”I don’t believe that President Aquino is a dictator. I don’t believe it,” Estrada said.
 
Meanwhile, the Lower Chamber  appointed a new chairman of the committee on ways and means in place of Batangas Rep. Hermilando Mandanas.
Reports said Mandanas was stripped of his chairmanship after he refused to sign the resolution calling for the impeachment of Corona.
Davao City Rep. Isidro Ungab  replaced Mandanas, according to Majority Leader and Mandaluyong City Rep. Neptali Gonzales II.
Malacanang said it believes there is strong evidence to remove  Chief Justice  Corona when the impeach trial begins at the Senate in January next year.
“At this point we believe that the evidence is strong,” Presidential spokesman Edwin Lacierda said.
Fending off accusations that the next chief justice will be beholden to the Palace once Corona is removed, Lacierda said President Aquino does not ask for any commitment other than the fact that the possible next SC chief will dispense his decisions with fairness.
Corona is very close to former president Arroyo and his decisions are obviously influenced by his relationship with the former president, Lacierda said. The appointment of his wife to an executive position, which is a violation of code of judicial conduct, is an example, Lacierda said.
“Ito po ang dahilan kung bakit po kami naniniwala na si Punong Mahistrado Corona ay hindi po dapat na manatili bilang Punong Mahistrado dahil hindi po siya objective, hindi po siya impartial,” he said.
Lacierda also said he doesn’t believe that the impending Corona trial will affect the country negatively noting what is happening is a democratic process at work.
“This is democracy at work. This is vibrant democracy. This should negate the accusation that there is so called “creeping dictatorship,” the democratic voices are heard. It’s good that voices are being heard — the side of the Chief Justice, the side of the President,” he said.
Chaos and anarchy, as a result of the impeachment trial is impossible, according to Lacierda because the public will be tuning in to the Corona trial. There is no anarchy when people are going to participate by listening and watching the trial, he added.
Asked about a pacifier to have a ceasefire between the executive branch and the judiciary that are currently at odds, Lacierda said there is no middle ground at this time because Corona has already been impeached and there’s a case that is about the start in the senate.
Corona’s accusation about a President Aquino “dictatorship” is untrue, Lacierda said. The Palace is supporting his removal because it believes Corona is a stumbling block to its reform programs, he added.