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Prosecution seeks ‘flexibility’ in impeach process

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NEED TO BE FLEXIBLE. Prosecution leader Neil Tupas Jr. explains earlier on Tuesday, Jan. 24 the need for flexibility in the impeachment trial. Video by INQUIRER.net's Matikas Santos


MANILA, Philippines—The prosecution team has asked for “flexibility” in asking questions in the impeachment trial of Supreme Court Chief Justice Renato Corona, noting that the defense team raised about 30 objections during last week’s proceedings.

Iloilo Representative Niel Tupas Jr., the chief prosecutor, complained during Tuesday’s resumption of the trial that they had to reform their questions last week at least 20 times because of the defense panel’s objections.

“We observed that in the last two hearings, there has been at least 30 objections from the defense and the prosecution reformed our questions around at least 20 times,” Tupas said.

“Our request is for the honorable tribunal to be liberal in the asking of questions by the prosecution so that that the truth would really come out,” he said.

“Are you suggesting that we should allow misleading questions? Are you suggesting that we should allow hearsay evidence? Are you suggesting that we should allow argumentative questions?” asked Senate President Juan Ponce-Enrile, who presided over the trial.

Tupas answered in the negative in all the questions raised by Enrile.

“What then are you suggesting? Are you suggesting that we should allow hypothetical questions? Are you suggesting that we should allow leading questions teaching the witness what to say?” said the Senate leader.

“That’s not the suggestion of this representation – just giving flexibility to the prosecution,” said Tupas.

Enrile answered, “The chair is open to any suggestion. How flexible you want the chair to be? If you want me to relax the rules, tell me.”

He even pointed out how he helped the prosecution at one point to ferret out the truth in his desire to immediately end the trial.

The Senate leader, acting as presiding judge of the impeachment court, assured that he was not favoring anyone and that he would not allow himself or the institution to be used by anybody for their own interests.

“Kung sakali na hindi niyo matanggap ang aking pamamalakad sa paglilitis nitong kaso na ito, ako po ay open… Ibibigay ko itong upuan sa sinumang gustong pumalit sa akin. So ordered,” said Enrile.

After Enrile’s statement, Majority Leader Vicente Sotto III moved to adjourn the proceeding pending the submission of the prosecution of a memorandum explaining why the ill-gotten wealth allegation against Corona should be allowed as part of their evidence against him.


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Tags: Corona Impeachment , Judiciary , Renato Corona , Supreme Court

  • James Liston

    So, why can’t he define it when he was asked straightforward by Mr Enrile? I am still baffled why simple question of defining what flexibility and liberalism mean to him so that it will guide the jurors. Also, when he said balance, what does it mean? How can you achieve balance without being technical when they know that in any given “court” technicality is part and parcel of lawyer’s life either for the defense or persecution?

  • James Liston

    If my memory serves me right, aren’t the prosecutors asked to submit their own memorandum from last week’s hearing re the second article of impeachment? Why the delay and was even asking that they will submit it on Thurs? For what reason? Can’t they clarify and stipulate further in writing what they signed in the verified complaint?  - just baffled…

    • rem_rod

      natututlog kasi sa pansitan, hehehe

  • Malik62

    Cong. Tupas are supporters of the NPAs in Iloilo.  Hence, he is used to the NPA’s Kangaro Court where no due process or rule of law is observed.  Many innocent people where executed by the NPA’s Kangaro Court.

    This is the mindset of BS Aquino’s Admin who is also very accommodating to the CPP-NPA-NDF.  They just want anarchy!  They’re behaving like spoiled brats who want to get what they want even to the point of ruthlessly badgering the law, the very foundation of civilization.

  • rem_rod

    Tupas cannot answer the good senate president right off the shoulder in case Enrile answers back with even more heavy questions. I got to hand it to Mr. Tupaz, though, he got balls to ask Enrile to be ‘flexible’, whatever that may be.

  • cdcdrvcr

    By whatever name they call it: flexibility, technicality, liberality, legalistic, etc., these are all equivalent to the prosecutors saying “Your Honor, we are asking your permission to violate the constitutional rights of Corona’

  • http://pulse.yahoo.com/_KSQOATOLOC36GJDFFDSRWH7VVU Ding

    PROSECUTORS – YOU DO NOT REPRESENT US !

  • http://pulse.yahoo.com/_3KDG2U4PB7SDFWXKCF7KJKIXVM Dong

    AGREE !
    That’s what you get for SIGNING WITHOUT READING !   so stop invoking that you represent the people.

  • http://pulse.yahoo.com/_GW2FSFG5KN7TCASHVTHDUXNS5U eli

    cong tupass.. makinig ka muna kay madamme ilongga.. defensor..

  • http://pulse.yahoo.com/_2CW4XB3MF72Z62A5ILAVPC7OWA Neiner Brit

    i see the point of the prosecutors. hindi naman talaga masyado dapat mahigpit since yung rules pa ang nakakatagal at nakaka-hadlang sa justice, which defeats the purpose of the rules. pero kasi mukang overwhelmed sila na parang di nila inexpect na magiging ganun yung labanan. hindi naman siguro bobo si corona na kukuha ng mga pipitsuging defense lawyers. ano naman akala nila, na hihilata na lang ang defense habang dine-demolish ng prosecution lawyers yung character at reputation ng kliyente nila? syempre haharangan sila nyan every step of the way. kung noon pa lang bago nila finile yung complaint eh inayos na yung allegations sa articles of impeachment at malinaw ang idea kung paano dapat ang presentation of evidence, alam na kung sino ang witnesses at kung ano ang sasabihin, aling documents ang ipepresent, and they already anticipated what objections the defense would raise and how to address those objections, eh di sana mas maayos at hindi na kailangan pang makiusap na maging flexible ang impeachment court sa application ng rules.



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