Enrile, Estrada say they’re disappointed with defense witnesses

Decrying what he said was a disheartening lineup of witnesses, Senator Jinggoy Estrada on Monday told the defense that presenting Chief Justice Renato Corona to testify would be its best strategy.

Defense counsel Serafin Cuevas said he would not be “bulldozed” into presenting Corona when this was not necessary.

Senate President Juan Ponce Enrile sided with Estrada.

“I have to tell you the truth. We are quite disappointed with the witnesses presented to testify on the collection of (association) fees or identify records. What has that got to do with the trial,” Enrile said at the resumption of the impeachment trial of Corona after a six-week Lenten break.

Enrile said the court expected witnesses who would dispel accusations in Article 2 of the impeachment complaint that Corona had failed to disclose high-end properties in his statement of assets, liabilities and net worth (SALN).

“The question here is Article 2 (yet) all of those witnesses presented this afternoon were irrelevant to that particular issue. That’s why we feel a little disappointed,” Enrile said.

On Day 35 of the trial, Enrile abbreviated the testimonies of four witnesses the defense had called by conducting most of the questioning himself on the Corona couple’s Bonifacio Ridge condominium unit.

After former Manila Mayor Lito Atienza wrapped up his testimony on the P34.7 million sale of the Corona property to the city government, the defense said it had no more witnesses for the day.

“The court will not anticipate how defense defends its respondent but I hope you understand that the Senate cannot afford to prolong this case because the legislative agenda of the nation is affected,” Enrile said.

‘Bring him in’

Estrada then suggested that  Corona’s lawyers bring the Chief Justice himself to answer questions about his properties “instead of cluttering this court with (unnecessary) witnesses.”

“If the Chief Justice will appear, the judges, the impeachment court will be very, very happy to hear his side,” he added.

Estrada said that when his father, former President Joseph Estrada, was impeached in November 2000, he was prepared to take the witness stand to defend himself. The elder Estrada never did; he was ousted in a People Power Revolution three months later.

“If the Chief Justice is not hiding anything, why don’t you just bring him here to answer the charges of the prosecution. Even that accusation that he has $10 million stashed somewhere, why doesn’t he answer that?” Estrada said.

“We cannot be bulldozed into presenting the Chief Justice because you like him to testify,” Cuevas told Estrada.

“There is no authority or jurisprudence to compel an accused to appear in court if he does not appear to be in a position to do so,” he said.

“This is an impeachment court, but due process should still be observed. What are the charges? That amassed properties did he not declare? Is that impeachable? We have witnesses to say there is no such violation and if there is, it is not impeachable in character,” Cuevas said.

“He is the Chief Justice. Out of respect, we should at least give him consideration. You are castigating our witnesses,” he complained.

“Don’t lecture us about due process,” Enrile huffed.

“You cannot say we are not giving you due process. You have had a recess to prepare,” he noted.

No prima facie case?

“Is it your position there is no prima facie case presented in this court? If that’s your position, that’s your problem,” Enrile said.

The Senate President said Corona would get a fair trial, pointing out that the court had rejected a prosecution motion opposing a defense move to subpoena Justice Secretary Leila de Lima to compel her to go back to the witness stand.

Cuevas said De Lima, who had earlier testified based on a dissenting justice’s opinion that Corona had influenced a decision of the Supreme Court, had indicated that she could not appear before the Senate on Wednesday, but might be available next week.

“Precisely, this court will exercise its coercive power to compel witnesses for the respondent to show you we will give a fair trial,” Enrile replied.

However, the Senate President asked the defense to refrain from presenting “illusory witnesses” to testify on “the collection of fees and the authentication of documents” pertaining to the Coronas’ properties.