Wednesday, December 28, 2011

Who will argue what in CJ's impeachment trial? - Rappler

Who will argue what in CJ's impeachment trial? - Rappler

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MANILA, Philippines - In a meeting before Christmas, the House prosecution panel has assigned the 8 articles of impeachment to specific congressmen, Rappler.com learned on Wednesday. They also succeeded in getting litigation lawyer Mario Bautista to become lead private counsel.

Here are the initial assignments, based on information from lead prosecutor Iloilo Rep. Niel Tupas Jr. and prosecutor Bayan Muna Rep. Neri Colmenares. Tupas said they will finalize this on January 3.

ARTICLE 1. LEAD PROSECUTOR
ILOILO REP. NIEL TUPAS JR.
AND
NORTHERN SAMAR REP. RAUL DAZA

CHARGE : Respondent betrayed public trust through his track record marked by partiality and subservience in cases involving the Arroyo administration from the time of his appointment as Supreme Court chief justice and until his dubious appointment as midnight chief to the present.

ARTICLE 2:
QUEZON REP. LORENZO TANADA III.
(But he is also eyed as one of the prosecution panel's spokespersons)

CHARGE : Respondent committed culpable violation of the constitution and/or betrayal of public trust when he failed to disclose to the public his statement of assets, liabilities, and net worth as required under Sec. 17, Art. XI of the 1987 Constitution.

ARTICLE 3:
ISABELA REP. GIORGIDI AGGABAO

CHARGE : Respondent committed culpable violation of the constitution and betrayed the public trust by the failing to meet and observe the stringent standards under Art. VIII, Section 7 (3) of the constitution that provides that "a member of the judiciary must be a person of proven competence, integrity, probity, and independence" in allowing the Supreme Court to act on mere letters filed by a counsel which caused the issuance of a flip-flopping decision in final and executory cases; in creating an excessive entanglement with Mrs. Arroyo through her appointment of his wife to office; and in discussing with litigants regarding cases pending before the Supreme Court.

ARTICLE 4:
AKBAYAN PARTY LIST REP. KAKA BAG-AO

CHARGE : Respondent betrayed the public trust and/or committed culpable violation of the Constitution when he blatantly disregarded the principle of separation of powers by issuing a "status quo ante order against the House of Representatives in the case concerning the impeachment of then Ombudsman Merceditas Gutierrez."

ARTICLE 5:
CAVITE REP. ELPIDIO BARZAGA

CHARGE: Respondent betrayed public trust through wanton arbitrariness and partiality in consistently disregarding the principles of res judicata in the cases involving the 16 newly-created cities, and the promotion of Dinagat Island into a province.

ARTICLE 6:
ILOCOS NORTE REP. RODOLFO FARINAS

CHARGE : Respondent betrayed public trust by arrogating unto himself, and to a committee he created, the authority and jurisdiction to improperly investigate a justice of the supreme court for the purpose of exculpating him. Such authority and jurisdiction is properly reposed by the constitution in the House of Representatives via impeachment.

ARTICLE 7:
BAYAN MUNA REP. NERI COLMENARES

CHARGE : Respondent betrayed public trust through his partiality in granting a temporary restraining order (TRO) in favor of former President Gloria Macapagal-Arroyo and her husband Jose Miguel Arroyo in order to give them an opportunity to escape prosecution and to frustrate the end of justice, and in distorting the Supreme Court decision on the effectivity of the TRO in view of a clear failure to comply with the conditions of the Supreme Court's own TRO.

ARTICLE 8:
ORIENTAL MINDORO REYNALDO UMALI

CHARGE : Respondent betrayed public trust and/or committed graft and corruption when he failed and refused to account for the judiciary development fund (JDF) and special allowances for the Judiciary (SAJ) collections.

11-man prosecution panel

The 10th member of the prosecution panel is Cavite Rep. Joseph Emilio Abaya, who serves as the impeachment manager.

CAVITE REP. JOSEPH EMILIO ABAYA

The 11th and final member of the prosecution panel will be announced in January, but Tupas already named Cibac party list Rep. Sherwin Tugna as the likely addition.

CIBAC PARTY LIST REP. SHERWIN TUGNA

If Rep. Tanada accepts the offer to become one of the spokespersons, the prosecution team will be needing one more prosecutor.

Marikina Rep. Ramiro "Miro" Quimbo is the spokesman for the prosecution panel. Aurora Rep. Edgardo "Sonny" Angara is his Quimbo's deputy.

MARIKINA REP. RAMIRO "MIRO" QUIMBO
AND
AURORA REP. EDGARDO "SONNY" ANGARA

Private prosecutors

Lawyer Mario Bautista will lead the private legal team that would assist the House panel. Bautista is the private prosecutor who presented banker Clarissa Ocampo, a surprise witness during the impeachment trial of Former President Joseph Estrada in 2000.

LAWYER MARIO BAUTISTA

The panel initially had difficulties getting private lawyers to assist them. Bautista himself declined the panel's initial feelers, said Tupas.

"Initially, he also declined. But for him it's the right thing to do. We know him as a straight guy. He's idealistic," Tupas said.

Why did he initially decline? Tupas said Bautista has clients with pending clients with the Supreme Court.

"I believe in your cause," Bautista supposedly told Tupas when he finally agreed to become lead pirvate prosecutor. - Rappler.com."


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