ShareThisSay evidence strong vs CJ; defense sees weakness, acquittal
By MARIE-ALSIE G. PENARANDA
Special to Fil-Am Megascene
PASAY CITY – The Senate, sitting as Impeachment Tribunal, maybe able to clear or convict Chief Justice Renato Corona on March 23 before Congress, the Senate included, goes into recess.
This as the Senate Impeachment Tribunal suspended the trial until March 12 to give way to the submission of offer of evidences by the prosecution and the defense to make its counter-evidence and offer.
It will be the turn of the defense on March 12.
The possibility of a decision by March 23 loomed large and clear on Tuesday in Manila when the prosecutors of the House of Representatives told the Senate they were withdrawing five of eight of its impeachment complaints.
House lead prosecutor Rep. Neil Tupas Jr. of Iloilo told the Impeachment Court that they will be pursuing only three articles of impeachment, namely, articles two, three and seven and dropping articles one, four, five, six and eight.
Tupas told the Senate court that with the 25 witnesses they have so far presented and 395 documents to support their complaint against CJ Corona, they have “already strong evidence to convict” and cause the removal of the Chief Justice.
“We are dropping all the five complaints,” Tupas said but stressed that it will pursue the case on the dollar accounts of Corona.
Senate President Juan Ponce Enrile directed the prosecutors to file a formal notice or motion dropping the five impeachment complaints.
The Senate Impeachment Tribunal suspended on Wednesday the trial of the Chief Justice until March 12 to give both the prosecution enough time to submit written offer of documentary evidence and for the defense to analyze the offered evidence.
“The next trial date will be at 2 p.m. Monday on March 12,” Enrile said on Wednesday.
Enrile granted the request of chief prosecutor Tupas to give the prosecution until March 2 (Friday) to make a final written offer of their evidence against Corona.
Enrile directed the prosecution to furnish the defense with a copy of the written offer of documentary evidence as chief defense lawyer Justice Serafin Cuevas has been given five days to go over the offered evidence.
Cuevas wanted to analyze first the offered evidence before presenting their own witnesses and evidence as the prosecution terminated its presentation of witnesses and evidence with one reservation on the bank deposits of Corona.
”We wanted to do that (presentation of evidence) but there are so many things that may come up on the admissibility of evidence of the prosecution,” Cuevas said.
With the explanation of the defense, the impeachment court ruled with finality to suspend the trial on March 12 to allow also the senator-judges enough time to make ruling on the offered evidence on or before March 8.
Tupas said the prosecution has presented a total of 25 witnesses and 247 documentary evidence under the Articles 2, 3 and 7 of the impeachment complaint.
The prosecution dropped the Articles 1, 8, 4, 5 and 6, saying they had enough evidence to prove that Corona committed betrayal of public trust and culpable violation of the Constituti
Associate Justice Serafin Cuevas, lead defense counsel of Corona, supported Enrile’s stand but added that they could invoke later their reply to the dropped complaints and the counter-reply of the prosecution.
Later, the defense lawyers said the dropping of the five of eight articles of impeachment was a clear indication that the prosecution have a weak impeachment complaint and bolstered their defense to exonerate CJ Corona.
“Napakaganda ang pangyayari. Lalong mapapabilis ang kaso at pagpawalang bisa sa kaso ni CJ Corona. Lalo na at wala pang matibay na ebidensiya na napiprisinta ang prosecution,” said lawyer Tranquil Salvador.
Salvador and Dean Jose Roy II said the defense has not even presented their witnesses and evidences to controvert the complaints made by the prosecutors. By then, it will be very clear that CJ Corona should be exonerated, they said.
The prosecutors and their lawyers have been under continuing criticism by the Senate court for their unpreparedness in the trial, for fishing instead of presenting concrete evidences and for submitting to the Senate a hush-hush, rushed and defective impeachment complaint.
Prosecution spokesman Rep. Miro Quimbo of Marikina City earlier said the prosecution expected to finish in six trial days or earlier.
“The Corona camp earlier announced it would need eight trial days to present its side. They will most likely have more than that,” he said.
Corona’s lawyers on Tuesday filed a motion in the Impeachment Court seeking to expunged or remove the court records on the deposits of CJ Corona and his wife at the Philippine Savings Bank “because they were illegally obtained.”
The Senate has opened an investigation into how documents of the Coronas with the PS Bank got into the prosecutors. Rep. R. Umali said he got the documents from a “short lady” while he was about to leave the Senate premises. Rep. Jorge Banal, on the other hand, admitted showing his documents to the PSBank Katipunan branch manager after saying that he saw the documents
at his gate.
Also on Tuesday, the prosecutors sought the assistance of Supreme Court Associate Justice Ma. Lourdes Sereno to persuade her to appear before the Senate tribunal to clarify on the decisions of CJ Corona and the High Court.
Senator Francis ‘Chiz’ Escudero said last week said the longest period that the Senate can decide on Corona’s impeachment will be before the State of the Nation Address (Sona) of President Benigno Aquino III in July.
“We will be voting on the impeachment case against Corona on March 23 before we adjourn on March 24. We will resume first week of May. During the recess, there will be no impeachment proceedings,” Escudero said.
Escudero said CJ Corona maybe presented by the defense later so he can explain his and family properties and monies deposited in banks.
“Who will explain about his properties which are in question? I’m sure he won’t allow his wife to be grilled, nor his children. No one could clarify about his wealth in question except him,” Escudero said.
“They will have difficulty presenting witnesses to prove that they have personal knowledge about the controversial properties, except the owner himself. But that would depend on the defense if they will present him or not,” he added.
Escudero added if Corona will not testify at the impeachment trial, he will be within his rights to do so.
“After all, the Chief Justice is also entitled to the constitutional right against self-incrimination,” said the senator-judge.