Prosecution terminates evidence presentation. Drops articles 1, 8, 4, 5, 6 in impeachment complaint!

The impeachment prosecution team has terminated the presentation of evidence today in the face of the supreme court decision not to allow its justices or any officers of the court to participate in the process. The supreme court said that the court has internal rules that will not allow the participation of their officials and personnel.

From the onset, the prosecution was already castigated for passing an imperfect verified complaint from congress which was seen as full of general statements and lacking in evidenciary weight. On several occasions as well, senator judges called the attention of prosecutors to come to trial prepared. Prosecutor Farinas also admitted that he did not sign the impeachment complaint because he knew it had many flaws. Two congressmen prosecutors were also found lying when they could not explain the existence of the fake PS Bank document that had caused the Senate to issue the PS Bank a subpoena. Lastly, the prosecution relied on the dissenting opinion of Justice Cereno, but was found that they had never invited her to be a witness for the prosecution. Only in the morning of Feb 28 did they actually send an official invitation.

The prosecution was hoping for the Senate to issue a subpoena to Cereno, depending on the impeachment courts power. However, Presiding Judge Enrile noted that they are conducting the trial by using the power of the court to subpoena evidence or witnesses that they should have already had prior to the trial. The Supreme Court reiterated its judicial right not to allow any of its justices, officers or employees to attend the trials.

Despite claims by the prosecution that they are ending on a strong note, this is highly suspect because of the above circumstances. What was evident was that they were relying on the impeachment court to make their case for them which some astute senator judges have already identified and uncovered.

Today, impeachment Articles 1, 8, 4, 5 and 6 were dropped by Tupas and the prosecution team where the presiding judge asked them to submit to the court an official notice that they are finally dropping these articles from the impeachment charge. This bolsters the claim that they no longer had any evidence to present.

Recent surveys saw that the people where beginning to doubt the motives of the prosecution and that the public is turning against them. This due to the despicable way they were conducting the trial and also because of the President’s evident bias. Surveys conducted by allies of the prosecution saw public sentiment turning against the prosecution and this was shown by Belmonte to the prosecution team. Likewise, the INC and interfaith rally on the 29th forced the hand of the congress leaders to shorten the presentation of the articles which they had no evidence on to begin with. Enrile ended the manifestation of the prosecution by saying: ” Are you saying that you will stand and fall on the 3 articles and what you have presented and dropping the the other 5 articles? Are you sure? You are Sure?” Tupas replied yes.

Was this just really a fishing expedition?

Lack luster prosecution team in Corona Impeachment

Compared to the ERAP impeachment proceedings, the current team of Congressmen prosecutors in the impeachment trial seems unprepared and amateur. Several Senators have already noted their lack of preparation to present and pursue their case against the embattled Supreme Court Chief Justice.

Senator Joker Arroyo commented and told the prosecutors to come to the trial prepared. Senator Defensor has often scolded lead prosecutor Tupas on the merits of their case. Presiding Judge Enrile however went the farthest to scold publicly the prosecution team on their use of purportedly fake documents as stated by a witness to pursue their case.

Faced against “Ka Apin” the lead defense lawyer, the prosecution congressmen are made to look silly and bereft of any knowledge of trial procedures. Often, Presiding Judge Enrile is forced to assist the beguiled Congressmen prosecutors when Ka Apin questions their procedures. TV tapes would bear this out. Senator Drillon, a known supporter for the impeachment of Corona is then forced to conduct his own trial of the Supreme Court Chief Justice showing partiality in the process.

With more than 50 private prosecutors being paid for by public funds and taxpayers money, the prosecutors seem to be failing in the expectations thrust upon them. Maybe because they are all amateur in a sense, without real trial court experience or they may have been bottom feeders in law school with the exception of Farinas who graduated in the top ten of his class.

Add to this the lack of discipline shown by the prosecution when one congresswoman of the prosecution panel started taking photos of documents presented by a PSBank witness which again drew the ire of Senate President Enrile. Ka Apin noted that the photos would be presented to the press even before these documents are publicly released by the Senate further angering Enrile.

The public sentiment is slowly shifting, giving credence to the accusation of a prosecution “Fishing Expedition” to pursue their case which is based on a flawed, rushed verified complaint which is already bad enough. When you have a bad complaint and bad lawyers, the end could be predicted despite of the support by pro administration and anti gloria senators.

On the publicity side and PR battle, both are equal in a sense that their spokespersons are able to explain their sides. The prosecution team however goes overboard when Marikina Congressman Miro Quimbo tries to pursue the case in public using the press. This earned the prosecution panel another warning from the Senate Impeachment Court. Likewise, the Defense panel has been cited for claims of impropriety that they made public earning a scolding from Senator Cayetano.

While the trial goes on, pending bills are stuck in Congress and the Senate making slower the already tedious process of legislation in the Philippines.

The Public expects more from the prosecutors, otherwise, it may be perceived and deduced that they represent all the congressmen in the Philippines – lackluster, full (fool) of themselves and prone to ego trips. Heed the advise of the Senators and come to the trial prepared!

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.

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.