Liberal Party Senators want Mistrial in Corona Impeachment.

Senator Judges from the Liberal Party have gone on a publicity onslaught stating that the Defense Panel is using a strategy to cause a mistrial in the Corona Impeachment proceedings. Senator Osmena stated that the Defense are laying the basis to cause a mistrial. This after the prosecution was publicly admonished by Presiding Judge Juan Ponce Enrile for using questionable and fake documents to have the bank accounts of Supreme Court Chief Justice Renato Corona.

These 4 Senator Judges are Franklin Drillon, Francis Pangilinan, Senator Guingona and Senator Osmena. All 4 have been seen as biased for the prosecution and towing the President’s wish for the impeachment of the Chief Justice. Drillon is often seen pursuing questions and conducting his own trial when the Prosecution team is stumped by former Justice Serafin Cuevas or the Presiding Judge.

The accusation leveled by the 4 Senators is a Publicity tactic to counter the huge negative impact caused by the purported use of fake documents by the prosecution team.

If there were to be a mistrial, the reasons would be simple:

1. A flawed verified complaint from the Congress that is full of general statements – where are the 45 properties?
2. Incompetent Prosecution Team – ill prepared for the trial.
3. The use of FAKE documents to pursue their case;
4. The clear bias of some Senator Judges.

A mistrial will only tend to favor the prosecution because they can then accuse the other Senators of being pro-Corona. An accusation of a mistrial would cover up for the use of the fake documents and the apparent lack of evidence for the impeachment proceedings to proceed.

On the other hand, a mistrial is largely unfavorable to the Defense or even the Chief Justice because doubt has already been cast on the integrity of not only Corona, but the Supreme Court itself. An analysis of the proceedings and statements of the prosecution will bear this out.

What Malacanang has ordered the prosecution to do is to go after Corona with promised explicit support from the Executive Department and its branches – and more importantly from the liberal party senators like Drillon, Osmena, Pangilinan and Guingona. This the prosecution heeded by using FAKE documents and undertaking a “fishing expedition” even if they knew very well that what they were doing was against the law.

Now how can we trust these so-called law makers when they themselves break the law. Guingona says he speaks for the people and that the people are angry! No, he does not speak for all Filipinos! And YES the people are angry for their waste of public funds to pursue their own agendas and their lack of concentration for the general welfare of the country! If Guingona had his way, Corona would have already been publicly lynched regardless of the law!

So, is there really a mistrial strategy? Maybe, but this would be the strategy of the Prosecution and their allied Senators because they believe they do not have the numbers in the Senate or do not have the constitution and law on their side. They are inflaming the public to go in the streets and take the law in their hands to remove Corona and force him to resign even when the defense has yet to present its case and evidence.

Impeachment Prosecutors use fake documents

How can now one trust the leaders of this land when impeachment prosecution lawyers, no less than Congressmen, Representatives of the people use fake documents in the impeachment trial of Supreme Court Chief Justice Renato Corona. In today’s proceedings, the branch manager of Katipunan Branch of PSBank stated under oath that the document presented by the prosecutors and used to subpoena bank documents is a fake. This cast doubt on the extent that the prosecution would go to prosecute the Chief Justice of the Supreme Court of the Philippines.

The branch manager was elusive in answering questions and often requested guidance of counsel under the direct examination of Presiding Judge, Senate President Juan Ponce Enrile. The witness further stated that the BSP conducted an audit examination of the PSB branch where the same documents were kept. PSBank President also testified that the document attached to the subpoena which was presented to him also seemed to be different from any of their documents.

Senate President grilled the prosecution about the “little lady” who was the source of the document according to Congressman Umali who claims that the document was given to him in the Senate Building. Senate CCTV cameras did not find any footage of the so called “little lady” handing him the documents.

Senator Judge Cheeze Escudero, put it in perspective when he said the Senate wanted to know whether they were provided a fake document by the prosecution panel and used to mislead the Senate and Public or whether the document itself was faked in the bank to lead the prosecution to more of the bank accounts of the impeached SC Chief Justice.

The revelations were astounding today given that the prosecution did not even want to have the bank manager as their witness until the lead defense panel former Justice Serafin Cuevas questioned the proceedings and questioning by Senator Judge Senator Drillon.

It was however Senator Jinggoy Estrada who stumbled accidentally on more information which he asked of the witness bank manager, leading the Presiding judge to ask more questions.

If indeed that the prosecution used fake or forged documents, then where will this impeachment trial lead to given that the reputation of the Senators have already been sullied by claims of impropriety and bribes from Malacanang. President Benigno Aquino is a staunch supporter to the impeachment process.

The question also paints a disturbing picture of how people in power in this country have used their positions to achieve their personal ambitions under the guise of truth and public interest. Will correcting a mistake or an unlawful act, catching a thief or criminal be legal or even logical if in catching him laws are disregarded and criminal acts are perpetuated in its course? Can we trust our leaders? That is the question! If the Chief Justice is guiltuy, put him in Jail! And if the Prosecution Congressmen are found to have gone on a fishing expedition and used spurious documents to ferret out the truth, let them be jailed as well!

House votes to impeach Ombudsman

In an overwhelming fashion the house of representatives voted to impeach Merceditas Gutierrez. 210 voted to impeach while 47 went against and 4 abstentions among those Congressmen present. Only 94 votes were needed to pass the impeachment resolution as suggested by the House Justice Committee.

As expected, most of the party list congressmen voted for the impeachment. Surprising were the votes of Congressman Quimbo of Marikina who used to be with the government of former President Arroyo and Congressman Roman Romulo who is a Lakas stalwart. The votes were delivered just after 12:00 midnight.

With the passing of the resolution, the impeachment proceeding against the embattled Ombudsman has been set in motion. The Senate has already indicated that the impeachment proceedings will only start sometime in May based on their schedule. The House of Representatives will have to deliver their decision and the Ombudsman will still have time to answer before the actual impeachment process where the Senators seat as jurors will hear the case. If we follow the impeachment form using the impeachment of former President Estrada as an example, it will be a long drawn affair. Chief Justice Corona will seat as presiding judge and the 23 senators as jurors.

The Prosecution Panel from the House of Representatives may be led by Congressman Neil Tupas Jr. who has been accused of impartiality by Congressman Augusto Syjuco during the House hearings. He will be assisted by Congressman Farinas and other Congressmen. The defense will probably be led by former Justice Secretary Serafin Cuevas and other law luminaries.

Some sectors have questioned the fairness with which the House of Representatives had hastened the impeachment process. Senator Joker Arroyo has warned the House Prosecution Panel to be prepared as he noted some weakness in their case. Four Senators will be voting against Merceditas Gutierrez based on party lines – Drillon, Guingona, Pangilinan. Trillanes will surely vote against her based on the Pestano Case.

Meanwhile employees in the Office of the Ombudsman had already expected the decision and look forward to the Senators being fair in the impeachment process moreso when the actual facts of the cases are explained and shown to the jurors. They noted that they could not expect any fairness from the House of Representatives most specially since 117 of those who voted had pending cases with the Office of the Ombudsman. At least sa Senado alam namin magiging PATAS sila. Impeachment of the Ombudsman would require at least 16 votes or 2/3rds of the Senate.

It is not known whether Merceditas Gutierrez would take a leave of absence to prepare for the actual impeachment hearings and leave the day to day affairs of running the Office of the Ombudsman to Deputy Ombudsman Mark Jalandoni.

Malacanang for its part has lauded the move in the House of Representatives but has softened its position in so far as the results of the impeachment in the Senate. Secretary Carandang noted that they have uncovered so many anomalies that if the Ombudsman is not impeached by the Senate, they would just wait until 2012 when they would file the appropriate cases against the Arroyo Government officials. 2012 is when Gutierrez retires from public office.

Arroyo advises Tupas – limit cases

Senator Joker Arroyo has advised the House of Representatives to concentrate on only 2 of the strongest cases for the impeachment of Ombudsman Merceditas Gutierrez. It is not the not the volume of evidence, but the quality of evidence that will count according to the Senator who led the prosecution panel in the impeachment proceedings of former President Joseph Ejercito Estrada.

Of the 150 Congressmen who have so far agreed on the impeachment move, 117 have pending cases with the Ombudsman. This includes Congressman Neil Tupas Jr. himself whose father, a former Governor of Iloilo has a pending case surrounding the construction of the Iloilo Airport. A lynch-mob is how one journalist described the Congressmen! They want to save their own necks by making the Ombudsman and the prosecutors disappear. They have to remember that it was not the Ombudsman who initiated the cases but private citizens from their own provinces. The Congress is set to vote in plenary on Wednesday March 16. How Can Tupas himself lead the Prosecution quipped Congressman Syjuco when he is considered tainted and biased? He will make the House of Representatives look stupid!

In the Senate, only 5 to 6 Senators are confirmed to vote against Gutierrez. These are Senator Francis Pangilinan, Senator Franklin Drillon, Blue Ribbon Committee Chair Senator Teofisto Guingona, Trillanes, Jinggoy and Miriam. Senator Enrile, Senate President has assured the Ombudsman that the Senate will be fair in hearing the impeachment case which slated to be heard in May and if Arroyo is correct will be a long drawn affair.

The President has ordered the Liberal Party to support the impeachment move. Other officials in the administration had advised the beleaguered Ombudsman to just resign. For her part, the Ombudsman who is popularly supported by her office personnel and some sectors had stated that she would never resign from her sworn oath to defend the interest of the Filipino people.

Tupas should step aside – Syjuco

In a live committee meeting of the House Committee on Justice on the impeachment proposition in Congress, Congressman Bobby Syjuco moved to have Congressman Neil Tupas inhibit himself out of delicadeza. This motion came in light of cases pending in the Ombudsman concerning the father of Congressman Tupas who was a former governor and who was rumored to have approached Deputy Ombudsman Casimiro on his pending cases.

Congressman Lagman, Minority Leader, also noted that there is a pending Supreme Court motion for reconsideration from the Ombudsman and that Congress should follow due process. Congressman Golez for his part stated that parliament has the right to impeach regardless of whether it is a judicial or a political process. 76% of the members of the House of Representatives are none lawyers. Therefore, it, impeachment, would be a political process rather than a judicial one. None Lawyers will decide this according to what they feel is right for the public Golez ended.

In a separate press forum of the CBCP in Intramuros, embattled Ombudsman Merceditas Gutierrez noted that media has been unfair to her in light of all the allegations. She has stated that she will not face Congress as she does not expect any impartiality. She noted that she will not be able to get any semblance of fairness if those hearing the impeachment themselves have pending cases with the Ombudsman such as the father of Congressman Tupas and Congressman Farinas. The Ombudsman has held fast against Congressman, both being constitutional bodies, stating that the motion for reconsideration still pending in the Supreme Court should first be decided and that she would gladly face the Senate rather than the house. Former Senator Nene Pimentel stated that impeachment proceedings should be impartial in the CBCP forum.

Congressman Albano stated that we should determine probable cause first. We should not be too liberal on the rules of impeachment and should be guided by a judge for the interest of the public. The sense of fairness is lost when this is done in haste Congressman Oreta stated. Congressman Climaco noted that the Committee should turn itself into a collegial body to vote according to their conscience as this is what is expected of the Public.

In light of the allegations and of pending cases with the Ombudsman, the particular congressional proceeding has been put in bad light and has raised eyebrows on its partiality. The cases presented and supported by Congressman Teddy Casino seem to bear weight. So let the cases stand for themselves and bear scrutiny . Congressman Miro Quimbo, Vice Chairman of the Justice Committee, found it alarming that the officials of the House, most specially members of the Justice Committee, are now being hounded and assaulted before the bar of public opinion. Congressman Tupas alleged that the confidential laws are being partially implemented by the Ombudsman.

The 55 member Justice Committee is set to vote on the motion to impeach the Ombudsman where 28 will be the deciding vote. Ex Officio members can vote, but these votes will not be counted according to the House Rules as set by the Speaker.