Posts Tagged ‘Supreme Court’

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

February 28, 2012

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?

Banal untruth of the small lady story!

February 16, 2012

Now we are finally getting somewhere in the “small lady” story where a spurious document under question was used to subpoena banks officials in the impeachment of Supreme Court Chief Justice Renato Corona. It seems that a conspiracy to deceive the Filipino public was undertaken by the Prosecution panel in order to get the bank accounts opened and bring officials to court.

Big Man Congressman Rey Umali, a former customs deputy under the Arroyo Presidency, is under fire for lying to the impeachment court in saying that a small lady passed on the documents to him. Congressman Umali, who is also a Prosecutiion Panel member is being castigated publicly for the small lady lie, this after PS Bank Manager Tiongson revealed that she was visited by Congressman Bolet Banal of Quezon City and revealed the same suspect document to her and asked her assistance to verify the existence of Corona’s PS Bank Accounts.

Tiongson in her testimony stated that Banal went to the Katipunan branch of PS Bank and showed her the documents which were used by the prosecution to request for the subpoena duces tecum ad testificandumn issued to PS Bank officials. Banal for his part, an official in the prosecution impeachment secretariat, confirmed that he visited Tiongson. According Banal. a Liberal Party member since 2002, he received the fake documents when it was left in his gate.

Now, between the 2 Congressmen, the little lady lie already unravels. Congressman Umali claimed it was given to him in the Senate while Congressman Banal says it was left in his garage gate. How they will piece the 2 contradicting stories will be another tale of lies.

Here is how it may go in the succeeding days. Congressman Umali, who perfected the art of evasion in the customs bureau under GMA will claim that he met the small lady in the Prosecution Secretariat in the Senate because that is the only area where there are no CCTV Cameras, they think. They will say that Congressman Banal brought the small lady in after she finally approached Banal in person to own the documents. Meanwhile they will look for some brave soul to become the small lady. Someone who is not afraid of being prosecuted for violating the bank secrecy laws of the Philippines. She may even be a Congresswoman and claim parliamentary immunity from suit just to put a cap to this sordid affair. The Senators will not be pleased.

Deflection is already being used by the publicity managers of the prosecution by saying that because of this, the truth about the bank documents was unearthed. This is also followed up by Legal opinions from the likes of Dean Amado Valdez who is anti-Cuevas and who himself has ambitions of becoming a Justice in the Supreme Court. The President, much as he did today, will go on the attack and take the tack that the public should focus on the true issue which is corruption while the liberal party Senators continue to take up his bidding in the trial.

Word has it that because of the ineptitude of the prosecution team and magnitude of deception, they were castigated in a confidential liberal party meeting held a few days ago.

Senator Enrile meanwhile is trying to ferret out the truth by grilling the PS Bank officers on their measures of securing the bank documents of Corona. Bank President Garcia meanwhile explained that they transferred to the PS Bank main office all the related documents of Corona after the visit of Banal to its Katipunan office.

The Prosecution team led by Tupas knew something was amiss that is why they never wanted Tiongson to be their witness. Poor Girl was probably afraid she would meet the maker soon if she told the truth about the Banal visit that was why she may have been so evasive at the onset of her questioning. It was also revealed that some Liberal Senators had been pressuring George Ty, owner of Metrobank the mother company of PS Bank to reveal the documents officially prior to the trial itself.

Instead of covering up for the lies and the deceit, the President should castigate his people for undertaking such an act akin to the Watergate scandals that brought down Nixon. How can an act like this be perpetuated by law makers themselves, when they threaten, cajole and lie to the public just to follow the President’s whims.

Don’t get us wrong, we Filipinos want the truth as well. But we want it in a way that will not insult our intelligence or the moral fiber of this nation. Let the search for truth be done in a lawful manner where our constitution is respected and the rights of citizens held high.

If we let these shenanigans and deceitful acts go unpunished, if we allow our lawmakers to violate the law with utmost impunity and disregard for it, if we allow ourselves to become sheeps once again, we might just end up in another dictatorship – a fascist Presidency that controls all 3 branches of government with ultimate power to trample over our rights.

So is the small lady story true?

Lack luster prosecution team in Corona Impeachment

February 14, 2012

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!