CJ lawyers want to face House prosecutors, not private ones

Lead House prosecutor Niel Tupas Jr. explains to reporters what happened to the prosecution panel's perceived ``setback'' on the second day of the impeachment trial at the Senate. Video by INQUIRER.net’s Matikas Santos

Chief Justice Renato Corona’s lawyers want the lawmakers serving as prosecutors in his impeachment trial to argue their case against him, and not let private prosecutors do the job for them.

The defense has filed a motion seeking to disallow the appearance in the trial of a private prosecutor, particularly lead counsel Mario Bautista and seven other lawyers called to assist prosecutors from the House of Representatives.

“It would appear unjust to allow the [House members] to proceed after ramrodding the approval of flimsy articles of impeachment, then leave the conviction of an impeached official in the hands of a private lawyer whose interests may not coincide with the best interests of the state,” Corona lawyer Jose Roy III said in the motion filed on Monday night.

Roy said there was “no compelling justification” for the appearance of Bautista and the seven others at the trial.

He added: “It will only be a matter of time before the House of Representatives appropriates public funds to finance the impeachment of targeted officials later on. Surely, the evils of allowing such a practice are apparent even now.”

Representative Niel Tupas Jr., the lead House prosecutor, attempted on Monday to have Bautista, a veteran litigator, to present the prosecution’s case. But he was rebuffed by Senate President Juan Ponce Enrile.

Not matter of right

In the motion, Roy said the House had “not shown any good reason why its own rules of procedure permit the employment of a private prosecutor.”

“The appearance of a private prosecutor is not a matter of right, but premised on the grant of authority to appear, subject to the existence of specified conditions,” he said. “The mandatory language of the House rules does not permit any such authority for a private prosecutor.”

Roy also said the presence of private prosecutors in the impeachment trial of then President Joseph Estrada could not be used to justify the presence of Bautista and company in the present trial.

He noted that in the Estrada trial, Bautista served as a private prosecutor representing witness Clarissa Ocampo.

“To be sure, every person has the right to counsel, but a private prosecutor’s proper function is to represent and recover relief in behalf of an injured party,” Roy said.

“In this case, there is no private party demanding relief against CJ Corona; it is the House of Representatives that is the sole complainant,” he said.