3.02.2012

"It is immaterial and irrelevant, your honor"


"It is immaterial and irrelevant, your honor"

             The Corona Impeachment Trial is now on its 26th day and I have not missed a single day of hearing.  I have been continuously adjusting my schedule for the day so as to be able to watch the drama and spectacle inside the courtroom. My regular walking exercise, in the meantime, is no longer a priority.  For rarely do you witness a court trial where the litigant is the Chief Magistrate.

             Not only is this event a rare one.  It is very unusual.  You have here a case where the defendant occupies the highest position in the judicial branch of government.  And this trial is about laws, legal proceedings and jurisprudence where Supreme Court decisions are cited. It is supposed to be CJ Corona's expertise, though this time, he is the accused. While it is true that the Senate acting as an impeachment court will solely act and decide on the case, legal disputes or controversies arising from it may be brought to the SC, as what PS Bank did. 

            Looking at it closely, isn't it a misjudgment on the part of those who initiated it?  It is like engaging the enemy in his home ground or in his own turf.  The great military strategist Sun Tzu would not have allowed that.  Never fight the enemy in his own territory. Now, who will decide on the PS Bank dollar account controversy?  The Supreme Court, of course. Where will the Prosecution source their evidence or witnesses related mostly to their articles of impeachment?  Within the confines of the Supreme Court, of which it has no control.  The defendant, whether you like it or not, still exercises great power and influence over that branch of government.  And he is still well loved by a great majority of the associate justices.  Not to mention the rank and file that continue to support him. 

           Now, the task of the Prosecution panel could have been easier had the Senate, acting as an impeachment court, allowed itself to be used by those pushing for Corona's conviction. The Prosec seemed to have miscalculated the Senate's course of action. The Upper House has avoided a clash with the SC as it wanted to preserve existing relationship between and among government institutions. The Senate has reiterated that it is adhering to the rule of law and that the Bill of Rights shall always be considered.

           Further, the Impeach Corona group apparently failed to do some scouting as it overlooked the composition of the defense panel.  It is a power house team spearheaded by well-known trial lawyer Serafin Cuevas.  Cuevas, a former trial court judge and SC associate justice, has completely dominated the proceedings as he continues to impress the judges and the gallery with his brilliant mind and eloquence.  He is like a precious gem polished through long years of practice.  Not only is Justice Cuevas as good as the book. He is better than the book !!

            Now, don't get me wrong.  The game isn't over yet.  We are still at halftime.  The defense panel still has to present its evidence and witnesses. How they fare in the final half of the game is crucial. Can Justice Cuevas sustain his sterling performance in the 2nd half? The Prosecution team, though having limited evidence, still has the chance to catch up and clinch the ball game.  As a renowned sportscaster used to say: "It ain't over till it's over."

- Konted
Senate as an Impeachment Court

Chief Justice Renato Corona as defendant

Senate President and Presiding Officer Juan Ponce Enrile 

Senate President Enrile asserts his authority through the banging of the gavel. 

Justice Serafin Cuevas -- A very good trial lawyer 

Justice Cuevas stresses a point

The Prosecution Panel -- Congressmen Neri Colmenares and Giorgidi Aggabao should have been given "more playing time"" as they are good lawyers.

Defense panel spokesman Atty. Tranquil Salvador explains with clarity the important issues taken up during the trial.

Atty. Karen Jimeno speaking for the Defense Panel.

The Defense Panel

Shown in photo (left) is Atty. Guillermina Gener.  Can you recognize the man in the middle?