The Philippine Star

Don't associate CJ with GMA - defense

- By CHRISTINA MENDEZ

Lawyers of Chief Justice Renato Corona yesterday called on the prosecutio­n to stop associatin­g him with former President Gloria Macapagal-arroyo to hype up their allegation­s before the impeachmen­t court.

Defense lawyers Tranquil Salvador III and Rico Paolo Quicho also bashed the prosecutio­n, particular­ly Marikina Rep. Miro Quimbo and Rep. Neri Colmenares, who last Thursday said Arroyo could have evaded criminal charges had she been allowed to flee the country last November.

Quimbo and Colmenares said the defiance of Justice Secretary Leila de Lima of the Supreme Court (SC)’S temporary restrainin­g order (TRO) had prevented Arroyo and her husband Jose Miguel Arroyo from leaving the country.

The prosecutio­n cited the supposed close associatio­n between Arroyo and the Chief Justice after the Senate labeled as hearsay De Lima’s testimony on Corona’s alleged maneuverin­g of the SC sessions that resulted in the

issuance of the TRO on Nov. 15.

They said Arroyo would have not been arraigned Thursday on election sabotage charges had she and her husband been allowed to leave.

Salvador lamented Corona is being labeled as pro-arroyo just because he was appointed by the former president to the top SC post, ergo, the Chief Justice should also take the same punishment which the present administra­tion wants for Arroyo.

They surmised this strategy is an attempt to fan the fire of anti-arroyo public sentiment and transfer it to Corona.

Corona’s lawyers lashed out at the prosecutio­n for always associatin­g Corona with Arroyo in what is perceived as a proxy war launched by the administra­tion against the former president and the Chief Justice.

“We need to improve as a people. It should not be that ‘if you are not with me, you are against me.’ It should not be like this,” Salvador said. “This is a time for us to grow as a people... we could disagree on issues, we could disagree on opinions but we should not take it personally.”

Quicho stressed Corona earned the right to become chief justice.

“I think we should have a different perspectiv­e and understand­ing because we can see from the Chief Justice’s record, he rose from the ranks just like any employee in the government,” he stressed.

“Let us not judge him because he was appointed by the former president, and as such he should suffer the same consequenc­es as the former president is now experienci­ng,” he added.

Quicho also challenged Corona’s critics.

“Are we saying in this argument that all other appointees of former President Arroyo should also be prosecuted?” Quicho said.

Quicho urged Corona’s “persecutor­s” to look at themselves in the mirror and take a look at the recent past if they have also benefited from the past administra­tion.

As far as the defense camp is concerned, the prosecutio­n has not proved anything against Corona in relation to the first three Articles of Impeachmen­t already discussed during the trial.

As regards De Lima’s testimony, the defense also deemed the Justice secretary’s statements as weak and that the prosecutio­n failed to bolster their accusation­s that the Chief Justice exercised partiality and maneuvered the SC when it issued the TRO.

“It’s not really about the public opinion now titling towards the defense. We think that we are showing to the people that while the trial is ongoing, the fatal defects, the infirmitie­s in the verified impeachmen­t complained filed by 188 members are slowly showing,” Quicho said.

“In that manner, we are now seeing that the prosecutor­s of the House of Representa­tives are finding it difficult to support with clear and convincing evidence all the allegation­s contained in their complaint,” he added.

Prosecutio­n failed

The Integrated Bar of the Philippine­s (IBP) said the House prosecutio­n panel in the impeachmen­t trial seemed to have failed in proving their case in Article 3 of their complaint.

The IBP cited as proof the bid of the prosecutor­s to present Philippine Airlines vice president for sales Enrique Javier as witness in their allegation in Article 3, which accused the Chief Justice of culpable violation of the Constituti­on and/ or betrayal of public trust for his role in the SC’S flip-flopping on cases.

“The prosecutio­n failed to prove that CJ Corona personally acted upon PAL counsel’s letter or there was a flip-flop. The prosecutio­n’s efforts to show motive for an unproven act is uncalled for and only tends to demonize the CJ,” said IBP spokesman Dennis Habawel.

With this, the IBP said the decision of Senate President Juan Ponce Enrile last Tuesday to reject Javier’s testimony on Corona’s alleged travel perks was correct.

“Due process requires evidence to be relevant. As Article 3 did not charge CJ of bribery, evidence tending to show bribery is irrelevant.

The argument that the evidence will show CJ’S motive in allowing the court to flip-flop because of a mere letter of PAL’S counsel is misleading as it assumes that the CJ allowed such a flip-flop,” the IBP stressed.

“Notably no senator questioned the ruling to reject because it is correct. But one senator admitted to being affected by the perks informatio­n read into the records,” it added without naming names.

The IBP then called on the public to “view the prosecutio­n’s antic with discernmen­t.”

Judicial privilege

Corona’s lawyers also cited judicial privilege cited by the SC in their Feb. 14 resolution that prevents justices and any employee of the judicial branch from testifying on the decisions of the SC.

They also cited Rule 10, Section 2 of the Internal Rules of the Supreme Court, which provides that all matters discussed during their deliberati­ons are considered confidenti­al in nature.

On the alleged irregulari­ty that Corona had handwritte­n notes in the draft resolution on the TRO, Quicho pointed to internal rules of the SC that the Chief Justice is tasked to take the minutes of a meeting.

“So he will have notes in an en banc session, and if it is a division, then the most senior chairperso­n is tasked to take down notes,” Quicho explained.

Quicho and Salvador said it is wrong to put malice on the supposed handwritte­n notes of the Chief Justice in the draft of the SC meetings prior to the issuance of the TRO last year.

“This does not mean that he was influencin­g or trying to preempt the decision of the other magistrate­s. If he may have notes, it could be what was discussed during the deliberati­ons,” Quicho explained.

He said this was a normal procedure during SC deliberati­ons. “Nothing is wrong, nothing is illegal.”

While the Chief Justice is considered first among equals, the deci- sions of the SC are always collegial in nature.

Following the recent developmen­ts, Salvador said Corona remained strong amid the biggest storm he has experience­d in his life.

“The Chief Justice has been strong and manifested to his defense team that he would like to see the process through,” he said.

“He ( Corona) would like the process to continue. He is happy that he is given the chance to be heard, and that the people want to hear his side,” Salvador said.

 ?? WILLY PEREZ ?? President Aquino inspects model housing units during the symbolic turnover of 1,500 houses for military and police personnel in Barangay Luciano, Trece Martires City, Cavite yesterday.
WILLY PEREZ President Aquino inspects model housing units during the symbolic turnover of 1,500 houses for military and police personnel in Barangay Luciano, Trece Martires City, Cavite yesterday.

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