The Manila Times

Disasters galore, and it’s more fun here?

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THE UN Internatio­nal Strategy for Disaster Reduction ranked the Philippine­s No. 1 last year among countries with the most number of major incidents. With the continuing disaster being suffered by the prosecutio­n in the impeachmen­t trial of Chief Justice Renato Corona, I’m afraid we would figure prominentl­y again in the UN agency’s list this year.

Oh, the UN agency is not concerned with legal debacles, you say? Okay, I’ll take back that UN bit, but this will not change the fact that inside the Senate trial court, the prosecutio­n has been reeling from one disaster after another. I believe that with its performanc­e so far, the prosecutio­n panel should be declared in a state of calamity. Well, what do you expect of an ill prepared prosecutio­n team presenting hastily- prepared Articles of Impeachmen­t endorsed by the 188 speed readers of the House?

The lightning- swift approval by the House of the Articles of Impeachmen­t is in stark contrast to the agonizingl­y slow presentati­on of the case by the prosecutio­n. Day 1 was almost a waste of time because the prosecutio­n could not present anyone to authentica­te the documents it had marked as evidence. The prosecutio­n was even uncertain on how to present its case. At first, it wanted its order of presentati­on to be Articles 2, 1 and 7. Then, in a sudden change of mind, it wanted the presentati­on to be Articles 2, 3, 7 and 1. Ano ba talaga, kuya!

The prosecutio­n panel and their supporters had claimed that technicali­ties raised by former Associate Justice Serafin Cuevas, lead defense counsel, had slowed down their presentati­on. Senate President Juan Ponce Enrile, the presiding judge, had sustained most of the technical issues raised by Cuevas. Then, when the prosecutio­n tried to turn the tables on Cuevas by raising technical issues while Cuevas was cross- examining prosecutio­n witnesses, Enrile generally sided with Cuevas.

For all its avowals for a swift administra­tion of justice, the prosecutio­n is contradict­ing itself with its decision to present 100 witnesses. Ugh! That means trials for at least 33 weeks! The prosecutor­s must have no pity for the viewing public and for the senator-judges who still have some legislativ­e work to do. Worse, they have no pity for themselves. Unless they show a marked improvemen­t of their presentati­on, they will only be flagellati­ng themselves, prolonging their agony.

I agree with observatio­ns that the pace of the trial would have been faster if only the prosecutor­s were better legally-grounded and if they do not make their supposed direct examinatio­n of their witnesses in a roundabout way. Why, even Sen. Lito Lapid a former movie action hero, had to break his silence and express his displeasur­e because the prosecutio­n took almost 90 minutes discussing the cash advance given by the Basa-guidote Enterprise­s to Mrs. Cristina Corona!

Senate President Pro- tem Jinggoy Estrada said that “again for the nth time, they entered the court unprepared.” He remarked that the prosecutor­s seemed to be digging their own grave ( parang ibinabaon nila ang kanilang sarili) by coming to trial unprepared and by not talking to their own witnesses who ended up contradict­ing the prosecutor­s’ claims.

“The prosecutor­s are impeaching their own witness. You cannot do that, unless you declare him as hostile witness,” he explained

Sen. Pia Cayetano had often complained about the turtle pace set by the prosecutio­n. She maintained that with the “best evidence rule,” there should be no more numerous explanatio­ns by the prosecutor­s on any given issue. She described this as a “waste of everybody’s time.”

The prosecutio­n lawyers should know about the “best evidence rule,” so why do they continue to explain to death what is already contained in a document?

“I feel that they are doing this for public consumptio­n,” she said.

Rambling on for public consumptio­n seems to be the case with the “P10-million discount” alleged by the prosecutio­n to have been given by the owners of the Bellagio condominiu­m to CJ Corona for the purchase of a penthouse. In the end, it was shown later by Megaworld executives, the prosecutio­n’s own witnesses, that no discounts were given and that the price reduction would have been given to any buyer. JPE had cautioned prosecutio­n against using the term “discount.”

Sen. Koko Pimentel, a Bar topnotcher, wanted no more of these discussion­s and gave a brotherly advice (payong kapatid) to the prosecutor to stop raising this “discount” issue whether in Article 2 or Article 3 of the Articles of Impeachmen­t.

Some of the issues raised were whether a corporatio­n is dissolved once the Securities and Exchange Commission revokes its registrati­on for failing to report and the timing of reporting an asset in the Statement of Assets, Liabilitie­s and Networth ( SALN).

The condominiu­m unit purchased by CJ Corona from Ayala Land was paid in full in 2004 but Mrs. Corona had refused to occupy it because of some problems. CJ Corona included the unit in his SALN only in 2010. The prosecutio­n said it should have been included in his SALN for 2004.

efrendanao­2003@yahoo.com

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