Wednesday, January 4, 2012

Senators tell Corona prosecution, defense to zip it | ABS-CBN News

Senators tell Corona prosecution, defense to zip it | ABS-CBN News

I agree that the midnight CJ Corona should be convicted in his impeachment case. But I disagree with the unethical and unfair practice of the House prosecution panel of violating the SUBJUDICE RULE by publicly discussing the merits of the case and by publicly presenting its evidence, on a piecemeal basis thru the mass media, long before the main trial of the case on its merits. Such an unwarranted behavior smacks of TRIAL BY PUBLICITY. It's alright for the panel to REPORT to the public, thru the mass media, on the pleadings and other relevant procedural actions it has taken or will take in the near future as part of the performance of its mandate. However, it is prejudicial to the dispensation of justice and the precept of DUE PROCESS OF LAW for the panel to convert the mass media as an unauthorized forum for the prosecution of its main case. Just sharing my humble opinion on the matter.

- Atty. Manuel Laserna Jr.



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MANILA, Philippines - Senators who will sit as judges in the impeachment trial of Chief Justice Renato Corona on Wednesday admonished the prosecution and defense panels to stop discussing the merits of the case when the trial has not started.

In a statement, Sen. Panfilo Lacson scolded what he called an "undisciplined" public presentation of evidence in the upcoming impeachment trial against Corona.

"If we allow such undisciplined public presentation of evidence by any party in utter disregard of the ethics of their legal profession to continue, the Senate may lose control of the situation and I am certain it will damage not just the Senate as an impeachment court but the sacredness of the whole impeachment process as well," he said.

Similarly, Sen. Francis Escudero said the rules of impeachment state that the respondents, the complainants and their witnesses are called on to refrain from talking about the merits of the case.

"This is not sub judice. The restraint is on the parties involved in the case...There is rhyme and reason. Both sides are now calling each other liars. If they have something to say, say it before the impeachment court. Hopefully, they will realize they are bound by the rules of decorum. They cannot use gutter language so to speak," he said in an ANC "Headstart" interview.

The Senate, convening as an impeachment court, will start on January 16 the impeachment trial of Corona, who the House of Representatives impeached last December.

Lacson said some parties that continue to make public comments or so-called "disclosures" on the case threaten to make a mockery of the proceedings.

"We should not allow such mockery to go unchecked. Either we throw our impeachment rules out of the window or straight to their faces," he said.

House prosecutors on Tuesday said Corona and his wife of buying a 303.5-square meter unit in The Bellagio in The Fort, Taguig City for P14.51 million in December 2009.

Iloilo Rep. Niel Tupas, head of the 11-man prosecution panel of the House of Representatives, said prosecutors will find out whether Corona declared the acquisition in his statement of assets, liabilities and net worth (SALN). Corona's non-disclosure of his SALN is included in the articles of impeachment.

Supreme Court spokesman Jose Midas Marquez declined to comment on the matter. Corona, however, admitted in his answer to the eight articles of impeachment that he and his wife had acquired a 300-sq m “apartment” in The Fort.

Up to prosecutors to prove it

In the interview, Escudero noted there is already an existing Supreme Court resolution on the non-disclosure of the justices' SALNs to shield them from intimidation, harassment and fishing expeditions.

Because of this, he said the House prosecution team "must also prove why lay the blame on the presiding justice or the entire court."

He noted: "Never ask a question that you don't know the answer to. Mahirap magtanong na hindi mo alam ang isasagot. I think that is a basic rule that most litigators follow. Mahirap magbato ng alegasyon ng hindi mo alam ang isasagot."

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