Corona’s lawyers target ‘defective’ complaint | Inquirer News

Corona’s lawyers target ‘defective’ complaint

08:09 AM March 12, 2012

MANILA— Lawyers of Chief Justice Renato Corona will attack “the very heart” of the impeachment complaint against the country’s top jurist as they start presenting their own evidence in the resumption of Corona’s impeachment trial in the Senate today after a weeklong break.

Tranquil Salvador III, one of Corona’s counsels, said the defense would present at least two lawmakers as witnesses to testify that the verified impeachment complaint that the allies of President Aquino in the House of Representatives transmitted to the Senate on Dec. 12, 2011, was “defective.”

“This is part of our affirmative defense. We’ve been preparing for this in the several meetings we had during and before the break in the trial,” Salvador said in a mobile phone interview.

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He, however, declined to identify the congressmen who would appear in the witness stand in support of Corona’s claim of innocence.

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But a Philippine Daily Inquirer source within Corona’s camp said Salvador was referring to Navotas Rep. Toby Tiangco and Batangas Rep. Hermilando Mandanas, who had reportedly agreed to testify for the defense.

Tiangco and Mandanas both bolted from the majority coalition in the House to protest the supposed railroading of the passage of the impeachment complaint.

They said their colleagues who signed the complaint did not even read its contents.

“Their testimony will show the defective nature of the impeachment complaint. That goes to the very heart of the complaint,” Salvador said.

“The articles of impeachment were embodied in the impeachment complaint, which we believe did not meet the minimum requirement of the Constitution (pertaining to the) verification,” he added.

If the complaint were proven to be defective, he said “everything contained in it will not stand in court.”

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According to Salvador, Corona and his lawyers “knew” how the 188 House members haphazardly approved and subsequently sent the impeachment complaint to the Senate.

Said Salvador: “Aside from the lack of verification, there was an absence of probable cause. The impeachment complaint was not also sworn to by the congressmen who approved it.”

He said while the Senate previously rejected their motion to conduct a preliminary hearing to discuss the validity of the impeachment complaint, the ruling did not bar them from tackling the issue in the proceedings.

Asked how they were able to convince the lawmakers to testify in the defense panel’s opening salvo, he said: “I really don’t know the story. But what I know is that they will be voluntary witnesses. They will not be compelled to testify.”

Salvador reiterated that the decision whether or not to present Corona as witness in his trial would depend on the necessity of his testimony.

“Our position in this matter is very consistent. If it’s necessary in due time, then we will do it. If we feel that it’s not, then we will not present the Chief Justice in the stand,” he said. “But one thing is clear: The Chief Justice is open and willing to testify.”

As to Senate President Juan Ponce Enrile’s statement that Corona should personally explain his dollar accounts before the impeachment court, Salvador said: “We’re fully aware of that. In due time, we will be explaining these matters pertaining to his bank accounts.”

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“We’re just waiting for the right time to present our evidence. We respect (Enrile’s) observation and view on the matter. But we’ll just leave it at that,” he said. Inquirer

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