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Impeachment court not bound by rules of evidence, says lawyer


It does not matter whether the Senate impeachment court accepted or rejected the illegally obtained bank records presented by the House prosecution team against Chief Justice Renato Corona, a lawyer said Tuesday.

In a text message, Romulo Macalintal, an independent analyst of the Corona trial, said the questions on the bank records were “not material because on judgment day, the senator-judges will decide on the basis of their own personal beliefs and perceptions.”

“Not being a judicial body, its members, mostly not lawyers, are not bound by any rules of evidence or rules of court—although such rules may serve to guide them, but not binding upon them. There is no standard of proof to convict or acquit so it does not matter if evidence already introduced or made part of the records is admitted or rejected,” Macalintal said.

The election lawyer said senator-judges were different from judges in the regular courts.

“The senators are not even required to explain their verdict which cannot be appealed to any court or agency. But they will be answerable only to the people on Election Day,” he said.

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Tags: Congress , corona bank accounts , Corona Impeachment , Defense , Government , Judiciary , Politics , Prosecution , Renato Corona , Romulo Macalintal , Senate , Supreme Court

  • clementejak

    Shame on Cuevas in insisting the rules of evidence be followed to the letter and shame on Enrile too for not overruling his lawyer (Cuevas during the coup attempt).

    • walangdiyos

      shame on prosecutors presenting their documents and stolen evidences if there are no rules on evidences. 

      • http://pulse.yahoo.com/_GUZISWUMVDD5QJUC7GBJKEM7XA prangka

        Shame on us who voted officials by mere popularity alone.

  • http://pulse.yahoo.com/_JQBHSHS22G65Z6V5Z64XBRCIZQ simon

    “The senators are not even required to explain their verdict which cannot be appealed to any court or agency. But they will be answerable only to the people on Election Day,” he said.
    iyan po ang akala ninyo, pero palagay ko hindi ganyan ang magyayari, Diyos lang po ang nakakaalam kung anong susunod na manyayari

  • bagombong

    Its the same system in US where a hearing is underway, a group of selected  professional citizens listen on the ongoing hearing, i think there are 21 of them…this people are not lawyer..so they convict a person thru there ability to look for the evidences shown and testimony of witness…not thru technicalities and not by bound rules that Macalintal said. Kasi naman kung puro they should bound by rules of court…eh laging lusot ang mga itong mga gahaman sa puwesto…kaya nga dito sa PInas maraming Drug lord at high profile kriminal ang laging napapawalang sala dahil sa techicalities how they obtain the evidences…but if this kriminals will be tried infront on 21 different judges…they can be convicted…kasi pareho mga abogado ang nagbibigay ng sentensiya…pag-ginamit ang technicalities lalo na sa mga ebidensiya at may pagkakamali silang masilip….absuwelto ka…kahit pa sampu ang pinatay mo kahit may witness kung kaya nilang gawin di credible ang witness…laya ka nang pumatay ulit…yan ang systema sa Pinas…tignan na lang yung kaso ng mga Ampatuan….more 3 yrs. na no one convicted yet…palagay ko matatapos ang termino ni Pnoy..di pa tapos yan…Philippine system of law…hahaha

  • RomeoAC

    Now, Atty.
    Romulo Macalintal is talking with much sense. 

    Please note that some of the Senators may wittingly acquit CJ Corona by simply abstaining from making a decision about CJ’s conviction.  In the end, the Filipino people must be more watchful of the “balimbings”.  Let us express through the ballot the sovereign will of the Filipino people against some Senators who will shirk (abstain) from their responsibility to decide either for or against the impeachment of CJ Corona. Any abstention contributes to the acquittal of CJ Corona.The “balimbings” are the most dangerous of politician.  

    • RomyLitz

      Our Tucayo is saying the right thing, ferreting out the TRUTH is hindered, incapacitated and obscured by technicalities of the rules of court and rules on evidences. Senators, mostly, non lawyers must be free to seek and dig up for the TRUTH. At the end of the day, the sixteen votes are deemed final and non appealable.

  • JJF724

    ELECTION DAY PEOPLE….  make sure COMELEC will not be used by the mafia of philippines headed by Enrile and you know whos his officers…   so we can take them out of the office.

  • Hey_Dudes

    If I am the most honorable honest to goodness cheap justice of the Farrt, I’ll start practicing waving to my ex-court employees.  It’ll only be a matter of weeks or days now when he will have to wave his final goodbye.

    • godsofgamblers

      Huwag pakasiguro….. hehehe.. mamaya matakot ang ibang senador sa INC… Election na..

  • UN_Observer

    This is a political trial and the senator-judges are all partisan. That has been my belief since the start of the trial and it has not changed. Impartiality does not rule in this political process.

    • marionics

      you are right. they are all partisan in favor of themselves. they will vote in accordance with their own interest. so, one way that they could vote is toward the popular sentiment, especially those reelection senators next year. si miriam kaya ganyan yan kasi di na tatakbo yan e. pero, i think importante din na may ebidensiya maski papaano ang papanigan nila kasi kung talagang wala e magiging masyadong baseless and unjust ang perception sa kanila which will also affect voters’ sentiments i think.

    • RomyLitz

      Correct and agree 101%. The best move is mind conditioning or feeding the TRUTH to the masses and conscience stricken senators to arrive at the verdict that sides with the TRUTH.

  • oracle888

    I disagreed with lawyer Romulo Macalintal who said that, “It does not matter whether the Senate impeachment court accepted or rejected the illegally obtained bank records presented by the House prosecution team against Chief Justice Renato Corona.”

    I wonder what’s Macalintal hidden agenda but to say the evidence does not matter, is to encourage the pro Corona senator-judges to acquit Corona despite of the sufficient and strong evidences on Article 2 presented by the House prosecutors; and to brainwash the people to think that it is OK to acquit Corona even if the evidence of his dishonesty and unexplained wealth are unquestionably there.

    What is important here in the impeachment procedure is a little more “liberal” of the court in accepting the evidence and witness as brought up in Day 2 by Congressman Tupas.

    To say those bank account evidences are not important, tell it to the 3 years old kids. And if the senate-judges voted accordingly to their self-serving reason, then they shall be burned by their inferno of guilt for the rest of their life.

    • cruel168

      You didn’t understand the point Mr. Macalintal. Apparently, you wrote here in haste and with anger in heart like Meriam Saltic Santiago did. Pathetic…  

    • RomyLitz

      Actually, what tucayo was saying is fair to both parties. You only need to politically convince tge sixteen senator judges to favor your side. And I believe, the conditioning of the minds of tge precarious sixtten senators had long started with a buffet of news about alleged corruption by GMA and CJ. Sixteen will either be conscience oriented or politically inclined to follow the people’s majority opinion.

  • Atlason

    It is almost certain that the prosecutors will not be able to muster the 16 votes required to oust Corona. The incompetent prosecutors really have not proven anything, that they were just engaging in trial by publicity, fabricating fake evidence, withdrawing more than half of the articles of impeachment, and lying to the public and can’t seem to get their act together. 

    • http://pulse.yahoo.com/_5UOZM4PWIDKO7G64HL3PPMXUTM Constantine

      You are maybe right in saying that the prosecution will be hard pressed to muster 16 votes since there are 10 senators who had already decided to acquit Corona even before the trial started, as follows:
      1) Marcos
      2) Joker Arroyo
      3) Miriam Santiago
      4) Revilla
      5) Villar
      6) Legarda
      7) Sotto
      8) Estrada
      9) Honasan
      I don’t know how the prosecution can still convince at least 3 senators from this group.

      And further convince the following doubting thomases, so to speak:
      1) Recto
      2) Escudero
      3) Pimentel

      So there you go, the prosecution have only around 10 great Senators now who have already appreciated the evidence presented by the prosecution, as follows:
      1) Senator Frank Drilon
      2) Senator Guingona
      3) Senator Sergio Osmena
      4) Senator Kiko Pangilinan
      5) Senator Lapid
      6) Senator Angara
      7) Senator Pia Cayetano
      8) Senator Alan Peter Cayetano
      9) Senator Panfilo Lacson
      10)Senator Trillanes

      It’s a tall order for the prosecution especially the first 10 who want to exact revenge on the Aquino government one way or another.

      • RomyLitz

        To get three more you only need to convince Sen. Enrile and Honasan and Estrada will follow together with the three doubting Thomases. So theres the magic Sixteen chosen by the heavens to unrave the TRUTH.

    • RomyLitz

      There were no fake evidences.

  • RomyLitz

    Yep, with or without the evidences, the final verdict is the non-appealable and non-questionable decisions of sixteen Senator-judges.

  • PFaurasentinel

    I wonder what qualifications an ‘independent analyst of the Corona trial’ entail? Does he have to be a lawyer? With whom and where can one apply?

    Newspaper space is precious. Why accord space to one lawyer’s view, in exclusion of the others’?

    I guess my question is, what makes Romy Macalintal special in the eyes of the PDI (or Jerome Aning’s)?

  • a1phantom

    The issue is not whether Corona is corrup or not (as it will be difficult to prove it anyway).  The higher issue is whether

    1)  To have a chaotic form of government because we will have two government entities completely opposing one another i.e. The Supreme Court v.s. the Malacanang


    2) To have a chaotic form of government as we will have Noynoy controlling the executive, legislative, and judiciary branch of the government. 

    Choose your poison.

    • http://profile.yahoo.com/2GBYYBFAWSOX6DFXHI4EXY7CKE Asyong

      What poison are u blabbering about? the people wants the truth to come out, and Noy is doing everything  to make it happen…  common’ INC!!!

    • teraytaray

      Yes it is difficult to prove that Corona is corrupt, for those who do not want to believe that he is not.  Sabi nga mahirap gisining ang taong nagtutulog tulugan.

      • sanjuan683

        Buhusan mo ng tubig para magising. hehehehehehe si ABNOY hehehehe wha!!!!!!

    • sanjuan683

      Ikaw na lang mamili magaling ka naman heheheheheheheheheh wha!!!!!!!!!!!! Huag mo ako isali sulohin mo na lang ang pagpili. Naghahanap ka pa ng damay. hehehehehehe

  • fer1973

    the senate is not going to look to the evidence or the truth of the case of corona, because the senators most likely in the side of corona like enrile, miriam, sotto, revilla,joker,legarda,honnasan,is not into the truth but for their survival in politics. most of them are like a whipped dog that covers their faith to the iglesia ni manalos cult. they are for the money and power. it is very clear that in the process of impeachment their side is with corona. I wonder why the filipinos voted for this so called professional hoodlums. They are in the position for their own benefits and truth is not with them. They will vote not for justice and equality but their own self intererest..

    • sanjuan683

      hehehehe nakakasiguro ka ba sa mga kamag-anak mo na hindi bumoto sa professional hoodlums. heheheheheheh wha!!!!!!!!! kaya huag ka magmalinis hehehehehehehehe!!!!!!!

  • http://pulse.yahoo.com/_J5OBLXBX2NBABF7QFBXSDHW2AA bert

    Means, might be legally right but,  morally confident no more…  Lawyerly correct but friends no more…You might be right or correct but I simply could not trust you…that’s it…

  • Alajero

    ….by election day…everything is forgotten by the filipino electorates…we can only rely on patriotism of the senator judges…
    ….only history will judge…the judges..

  • http://twitter.com/tanmarius_23 tristan marius

    these senator judges is only answerable to Iglesia Ni Cristo during election day, where bloc-voting is implemented to every member. who will not be afraid then? these politicos have made politics their bread and butter. who is brave to lose?

  • marivon

    A lot of entries here are valid. The senator judges will vote with their self interest (election) in mind. The group of Manalo aka INC is always sought after by the professional politicians. Pag dumikit kay Manalo lamang ang panalo. Mirriam has no interest to be a judge, she loves to be a “teacher” of the lawyers. And the joker, well the name says it all. Lito Lapid bahala na kayo mga kababayan.

    • sanjuan683

      Absuelto yan hehehehhehehehehehehe kulang ang mga bata ni ABNOY hehehehehe wha!!!!!!

  • http://pulse.yahoo.com/_QKWKD2SIVBNXCVAXXFUN37OCY4 bsf

    The best thing that we can do is to pray to God to grant wisdom to our Senators Judges for them to vote base on truth. May God bless our country!

    • sanjuan683

      That’s correct. Boy

  • http://twitter.com/linn_jeremy JEREMY LINN

    Correct. Therefore, SC has no business meddling with the affair of the impeachment court(IC). Enrile should not give in to SC just in case SC ruled against the IC. Very well said Atty. Mac. Yan si Atty Mac tuluyan ng itinapon ang kamandag ni GMA sa kanyang balat.

    • sanjuan683

      Absuelto yan wala kulang pa rin ang mga bata ni ABNOY. heheheheh wha!!!!!!!!!!!

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