Senators scold prosecutors for discussing evidence outside of impeachment court

MANILA, Philippines—Prosecutors on Thursday got a beating of sorts from dismayed senators for allegedly continuing to argue their case against Chief Justice Renato Corona—and presenting evidence against him—outside of the impeachment court.

Senators Jose “Jinggoy” Estrada and Francis Escudero put on the spot Representative Niel Tupas Jr., the lead House prosecutor, in connection with his panel’s announcement before the opening of the trial that Corona and his family had 45 properties under their names.

Senator Gregorio Honasan manifested that both the defense and the prosecution should be “bound” by an existing order for them not to discuss the merits of the case before the public and media.

“Apparently, the trial outside the court room is proceeding faster than the trial inside the court,” Honasan said on Day 11 of the impeachment trial.

Under questioning by Escudero, Tupas denied that the list of Corona’s alleged 45 properties was divulged by the prosecution. He said it came from a letter from the Land Registration Authority, a copy of which was attached to the prosecution’s request for subpoena submitted last January 12.

“So far, we have presented 21 properties (including parking lots). We might present more. But we are not bound by (those) 45 properties from the Land Registration Authority,” Tupas told the court.

When trial resumed after a 15-minute break, an incensed Estrada confronted Tupas on his denial that the prosecution had nothing to do with the premature release of the LRA information.

During the break, the senator-judge said he saw a TV footage on Tupas and fellow prosecutors, including their spokespersons, “showing to the media the list of the 45 properties.”

“So, it’s not true that the list released to the media did not come from him because he even had a picture-taking (with the list). It was seen on TV,” Estrada said in Filipino.

“These people are putting the members of the impeachment court on the spot. We are being made to believe, the public is being made to believe, that the Chief Justice owns 45 properties, but here in court, it turns out that there are probably only 24 properties, including parking lots, under his name. Others are under the names of his children,” Estrada said.

Estrada made it clear that he was not “defending” the impeached official.

“I don’t know him. In fact, he (was) one of those who conspired to oust my father from office. What I’m only saying is that we need to be fair in this court. Let us not lie,” he said.

In an appeal apparently directed to prosecutors, Senate President Juan Ponce Enrile, the presiding officer, said they should “respect the rights of the accused.”

Tupas admitted releasing only a document pertaining to the Bellagio penthouse unit of Corona in a press conference on January 3, or days before the impeachment court cautioned both camps against discussing the merits of the case in public.

The Senate Rules of Procedure on Impeachment Trials state that senator-judges, including counsels, “shall refrain from making any comments and disclosures in public pertaining to the merits of a pending impeachment trial.”

Responding to Estrada, Tupas said: “With respect to the (45) properties, I never released (them). There’s no picture with the media. No press conference. It was attached as an attachment with the request to subpoena, which was filed around three days before January 16.”

Enrile reminded lawyer-politicians involved in the trial that they were “still agents of the court and we are governed by the strict rules of our profession.”

“We must behave in accordance with the ethics of our profession and I would like to appeal to everybody, both sides, to observe the norms of ethical conduct that is required of us as lawyers of this country. So ordered,” he said.