Prosecution opts for early adjournment, not walkout
DAY 21 An angry Senate President Juan Ponce Enrile points his finger and bangs the gavel as he lectures the prosecution: “And now you’re offering a stranger in paradise to prove an allegation that doesn’t exist in Article 3. I consider this trash.” SENATE POOL
A frustrated prosecution panel had to move for an early adjournment of the hearing on Tuesday, narrowly averting a situation in which the House prosecutors would walk out of the impeachment trial of Chief Justice Renato Corona.
House prosecutor Giorgidi Aggabao made the motion for adjournment following the decision of Senate President Juan Ponce Enrile to disallow the testimonies of two “pivotal” witnesses who were already called to the stand by the prosecution.
Amid its biggest setback thus far, a member of the 11-man prosecution panel, Representative Neri Colmenares, told the Philippine Daily Inquirer that the prosecution panel had to go back to the House of Representatives for consultation.
“We were surprised … because what we’re saying is there is a decision of the Chief Justice favoring PAL (Philippine Airlines), and PAL is giving him these benefits—that’s evidence to prove our allegation. We didn’t know that it would lead to him (PAL vice president Enrique Javier) precluded from testifying,” said Colmenares.
Hinting that the motion for an early adjournment was a polite way of walking out of the day’s hearing, Colmenares explained that the motion was made, “so that we can go back to the House, where we can talk.”
Lightning strike
Even the lead prosecutor, Iloilo Representative Niel Tupas Jr. seemed unsure of the next move of the prosecution.
Asked whether the House panel would continue to prosecute the Chief Justice on Article 3 of the impeachment complaint, Tupas said: “We’ll see.”
The prosecution had only lined up Javier and Mara Arcilla, assistant manager of Bank of the Philippine Islands Ayala, Makati branch, as its witnesses for Day 21 of the trial.
Both Javier and Arcilla were set to testify on the prosecution’s claim that Corona had committed culpable violation of the Constitution, which calls on members of the high bench to be “a person of proven competence, integrity, probity and independence.”
At the hearing, gloomy-faced prosecutors pondered their next move as a visibly irritated Enrile was discharging the witnesses from the stand.
“The decision on the PAL Platinum Card card struck us like lightning today,” said Rep. Miro Quimbo, a prosecution spokesperson.
Because of this ruling, Quimbo said, the prosecution would hold in abeyance its two other witnesses for Article 3, which is about Corona’s lack of integrity, probity and independence that led to the flip-flopping decisions of the Supreme Court, as in the case of PAL against its employees union.
“We’re not alleging bribery. We’re simply alleging that based on the allegation in the impeachment complaint that he set aside the decision on PAL,” he said.
Quimbo said that even in a murder information in a criminal case, one need not put all the ultimate facts because the motive or reasons for the killing could be explained in court.
“There is no need to amend the articles of impeachment. We plead to the Senate President to accept what it is for all its weaknesses and let them decide on the basis of what we have,” Quimbo said.
“It will require another year if we actually do that and we don’t think that is necessary,” he stressed.
After the trial, Senate Majority Leader Vicente Sotto III told reporters:
“The ball is in their (prosecutors) hands.”
No solid evidence yet
Senate President Protempore Jose “Jinggoy” Estrada said he was keeping his fingers crossed when asked about the continuation of the trial on Wednesday.
“We will wait for (Wednesday). I don’t know if they will continue with Article 3, or they will proceed to Article 7. I think that the court has already subpoenaed (Justice) Secretary (Leila) de Lima for Article 7, maybe they can proceed with Article 7,” said Estrada.
Told that Enrile had earlier warned both panels from walking out of the proceedings, Estrada said: “If the defense or the prosecution walks out, then the impeachment trial is aborted. Nothing will happen. The Chief Justice will remain in office.”
He added: “It’s becoming boring. There is no witness yet providing solid evidence.”
