MY POSTS RE CORONA IMPEACHMENT TRIAL (JANUARY 1-31, 2012) (Author’s note: The impeachment trial of Chief Justice Renato Corona started sometime in January, 2012. It was an acrimonious process as indicated by the frequent debates among protagonists. I posted the following as events unfolded. I did minor editing of some posts, mainly correcting the misspelled words.) ON MAID MIRIAM “The best way to handle Miriam Defensor-Santiago is to refrain from engaging in her bullying ways... Let her bully herself. Let her fight her own shadow. Let her talk and talk and talk and talk until her blood pressure shoots up again and again and again... Let her feel she is sitting on top of the world and that all people below her are a bunch of dumbbells and idiots... Neil Tupaz did well in handling her... Instead of unnecessary engaging in a protracted war of words, she just kept his silence. Never mind her rantings... Who said that courage and silence do not go together?” Jan. 31 “Just wondering why Miriam keeps bullying Tupas. Then, I realize that the Defensors and the Tupases are political enemies in Iloilo. Shes trying to get even with him, because his father beat her brother in the Iloilo race sometime ago, or something like that.” Jan. 31 “She said she did not want any delay in the impeachment trial... But look what she is doing... She is the one delaying the impeachment trial with all those posturing, grandstanding, lecturing, and unwarranted display of her alleged erudition in law. In English, she is called a virago, or a termagant. In simple term, she is plain and simple fishwife, of the legal kind...” Jan. 26 “Miriam Defensor-Santiago is essentially an entertainer. People with deep self respect and sense of equanimity usually dont take entertainers seriously. But she is an elected senator. And she represent one vote whether in lawmaking, or in the impeachment court. In a way, one courts her single vote... Without power, Miriam is no different from Pokwang or Elizabeth Ramsey, whose antics is enough for us to laugh... Miriam, Imelda Marcos, and Kris Aquino constitute the triumvirate of entertainers in our midst. Imagine the Philippines without the three stooges... Ours will be one big Sahara...” Jan. 24 THE PROSECUTION PANEL “The problem of the prosecution panel is their inexperience. They are not dumb as what some pro-Corona people have been saying. Their strongest point however is that their collective heart is in the right place. The verdict of the impeachment court wont be on the basis of the prosecution panels inexperience, but on the nature of those damning pieces of evidence. Senator-judges will have a hard time closing their eyes on the evidence. After all, those pieces of evidence are slowly but surely being presented in the impeachment court for our peoples evaluation and judgment.” Jan. 31 “I miss Sen. Johnny Flavier. In a highly emotionally charged environment as the ongoing impeachment trial of Renato Corona, Johnny Flavier could butt in and provide some relief in his most unobnoxious ways. He has the knack to inject humor to defuse the tense situation. He is the antithesis of Miriam Defensor-Santiago, the feisty lawmaker, who is quick to make enemies than friends. Where are you, Johnny? “Jan. 26 ON JUSTICE SERAFIN CUEVAS “Atty. Serafin Cuevas has become a man of many objections. He personifies the dynamic nature of raising objections... I am tempted to call him Mr. Objection...“Jan. 31 “The senator-judges are already complaining about the long, dragging proceedings of the impeachment trial. The prosecution and defense panels have been urging for faster proceedings... I have thought of one solution. How about putting a cap on the number of objections Serafin Cuevas could lodge every day? By limiting the objections to at most ten per day, I believe the impeachment trial could be faster and more meaningful. Just thinking aloud...” Jan. 31 “For every single objection Justice Cuevas raises in the impeachment trial, I am getting convinced that his professional fee is based on the number of his objections.... I dont know how much, but at the end of the day, the more he objects, the bigger is his take home pay... “ Jan. 30 “Lets not give much credit to Serafin Cuevas and the defense team. Cuevass display of his alleged erudition on every single technical and procedural aspect of the impeachment trial does not in any way help in ferreting out the truth about Renato Coronas alleged wrongdoing. On the other hand, it derails the pursuit of truth. It leads to creating doubts in the public mind. The pursuit of a trial by technicalities is never a preferable option. Neither should we give credit to Miriam Defensor Santiagos grandstanding. Unfortunately, there is no law against grandstanding... And when Miriam starts to grandstand, the other senators keep quiet in deference to her lunatic mind. This is the unwritten custom in the Senate. Miriam is an entertainer, who is comparable to those gay comedians, who do stand up comedy in those spunky gay bars. Those gay comedians bash their paying customers in front of the audience for a few laughs... Miriam would do everything to entertain including stepping on other peoples toes just to get a little taller...” Jan. 25 “There is no way for Cuevas et. al., or the entire defense team to win this impeachment trial. Those senator-judges, except for two or three, wont vote for Renato Coronas acquittal. When Renato Coronas statements of assets, liabilities, and net worth (SALNs) were made public and become part of the damning pieces of evidence against him, its all a downhill for him. The defense strategy is to create as much doubt as possible in the public mind. Thats why they resort to a trial by technicalities, where they raise every possible technical or procedural issue to derail any further introduction of evidence in the trial... By raising all those technical and procedural aspects, they know they can create doubts in the public mind. Creating doubt is the only weapon the defense team can have. When ranged against the entire state machinery that could provide all details of Coronas wrongdoing, the defense team knows it has no virtual chance of winning....” Jan. 25 “I just saw the two faces of the ongoing impeachment trial. Rep. Tupas looks boyish as if to confirm his inexperience to handle a situation of historical proportions. Justice Serafin Cuevas is a picture of maturity and experience. While he exudes sagacity, he appears foxy, as if to tell the whole world that the fate of his client, Renato Corona depends on his hand. Unfortunately, Cuevas and his client are not in accord with the march of history, which is greater transparency, clean government, and elimination of graft in government.” Jan. 30 “Rumors fly thick. I just received a text message from a friend saying that every objection of ex-justice Serafin Cuevas is worth P500,000. Thats why he keeps on objecting on every issue raised in the Senate impeachment court. I dont believe its true. In fairness, I look at it as more of a joke. Ano siya metro ng taksi?” Jan. 27 ON TERMINOLOGIES USED IN IMPEACHMENT TRIAL “Some relevant phrases and definitions that could be derived from the ongoing impeachment trial: Court of public opinion – In contrast to the court of law, this phrase refers to the general public, where its expressed opinions and sentiments are regarded as verdicts on certain specific issues. Public opinion, on the one hand, refers to the different voices – individual and collective, institutional ...and community, public and private – all flowing into a single stream. Trial by publicity – This refers to the charge of the defense panel that the prosecution panel has been making unauthorized public disclosure of documents about the respondent Renato Corona, mainly to influence the public and portray Corona as guilty of the charges imputed to him before the court of public opinion. Trial by technicalities – This refers to the charge of the prosecution panel that the defense panel resorts to procedural and technical issues mainly to block the introduction of relevant and pertinent pieces of evidence and virtually delay the impeachment trial. Scoreboard journalism – This refers to the perception of the defense panel, where the mass media tends to report on a daily basis which side, defense or prosecution panel, has obtained the advantage in the ongoing impeachment trial. Insufficiency of allegations – This refers to the defense panel’s claim that the prosecution panel has not made appropriate and clear accusations, as contained in the Articles of Impeachment, against Corona. This should not be confused with insufficiency of evidence, where proofs are plain and simple wanting. Political grandstanding “in aid of reelection” – The tendency of senator-judges to engage in unwanted and unwarranted talk and grandstanding to boost their political stock, create better awareness among voters, and, therefore, help in their reelection.” Jan. 30 LESSONS IN IMPEACHMENT TRIAL “As the impeachment trial heats up, I have come to realize some important lessons, which are virtual guideposts in life. These are: 1. Lawyers could raise the most sublime arguments in the world, but they could also give the most twisted and ridiculous statements one could imagine. 2. Lawyers do not have the compunction to brand their most stupid statements and argument as part of the rule of law. In most cases, they dont even know, or they just dont care to have become the laughing stocks in this world. 3. Lawyers are not always right. 4. Be wary when lawyers speak; they either exaggerate a lot or omit much. They make a living by making distortions of the truth. 5. some lawyers could be schizophrenic. 6. Lawyers could always argue on either side of the fence, but it does not mean they are correct. Arguing the right thing is seldom in their mind. 7. Lawyers are prone to complicate the simple and not to simplify the complicated or complex. 8. Lawyers always have an exaggerated estimate of themselves, believing that they are the centers of the universe. 9. Lawyers can have the mastery of law and will interpret the issue in accordance with the letters of the law. In most cases, those are the things that they know since they hardly understand the other issues like politics, social dynamics, or even science. 10. In certain instances, lawyers could be pains in the asses. I rest my case. Affiant sayeth noneth...” Jan. 28 “A trial by publicity is more desirable than a trial by technicalities... A trial by publicity keeps the public abreast of those concealed information. It meets the publics right to know. A trial by technicalities is the only weapon of the defense team in the ongoing impeachment trial. It is the antithesis of the publics right to know, as the public is deprived of information so important for the nation. It does not matter whether the prosecution team is prepared or not. Neither does it matter if Serafin Cuevas display all his erudition in a matter of one big ego trip, while he stands for the defense in the trial. The point is those pieces of evidence - damning or not for Renato Corona - should be bared before the public.... The impeachment trial should be a genuine trial, where all relevant pieces of evidence should be revealed. Then, we let the people form their opinion...” Jan. 26 “A trial by technicalities is always couched in very legalistic terms. Unscrupulous lawyers even call it part of the rule of law... Rule of law? This is the problem with many lawyers... They wont hesitate to do some hairsplitting arguments to create doubts in the public mind. They wont hesitate to call the smelly odor of a dogs dung as the most pleasant deodorizer. A trial becomes engaged in technical aspects, when lawyers raise so many procedural questions, thus impeding the search for truth... Truth will never be ferreted out when lawyers, whether in the defense of prosecution, pursue this option. Trial by technicalities is always the preferable option for lawyers, who know they are on the losing side of history...” Jan. 25 “Come think of it, a trial by publicity is more desirable than a trial by technicalities... A trial by publicity keeps the public abreast of those concealed information. It satisfies the publics right to know. A trial by technicalities is the only weapon of the defense team in the ongoing impeachment trial. It is the antithesis of the publics right to know, as the public is deprived of information so important for the nation. It does not matter whether the prosecution team is prepared or not. Neither does it matter if Serafin Cuevas display all his erudition in the matter in one big ego trip, while he stands for the defense in the trial. The point is those pieces of evidence - damning or not for Renato Corona - should be bared before the public.... The impeachment trial should be a genuine trial, where all relevant pieces of evidence should be revealed. Then, we let the people form its opinion...” Jan. 25 “Trial by technicalities? This will definitely lead to the suppression of evidence, an act tantamount to obstruction of justice. Let all those pieces of evidence be unveiled before the public. Otherwise, it is reasonable to believe that the impeachment trial is becoming a farce, where the defense will do everything in the world to suppress the public disclosure of those pieces of evidence. The insufficiency of allegations, which the defense team has been raising, is no excuse to deprive the people of their inherent right to know every single detail of the evidence. The public right to know should be paramount over the insufficiency of allegations, which the defense team has been claiming...” Jan. 24 The defense team will keep on raising procedural issues in the impeachment trial. They will always resort to technicalities. This is understandable. When Renato Coronas SALNs have become public, they have lost everything. Raising procedural and technical gambits is the only thing left in their defense. Their strategy reminds me of those suicide bombers in some Middle East countries. Exploding themselves is the only thing left in their armory. Jan. 20 Expect some fumbles, false starts, and dead ends in the ongoing impeachment trial... But we should be relentless in our goal to ferret out the truth. This is the bottomline... We can always forgive and forget those errors, mistakes, shortcomings, or even shortsightedness... But the goal remains the same - truth... Jan. 18 SOME CLARIFICATIONS ON THE SALN ISSUE: “Supreme Court Chief Justice Renato Corona is not exempt from the constitutional duty to submit and disclose publicly his statements of assets, liabilities, and net worth (SALNs). The 1987 Constitution provides that Corona declares his SALN under oath. Corona has not made public his SALN, when the Constitution says he should do it publicly and under oath “in a manner provided by law, “ which happens to be RA 6713, or the Code of Conduct and Ethical Standards for Public Officials and Employees of 1989. Section 17, Article 11 says on accountability of public officers: “A public officer or employee shall, upon assumption of office and as often thereafter as may be required by law, submit a declaration under oath of his assets, liabilities, and net worth. In the case of the President, the Vice-President, the Members of the Cabinet, the Congress, the Supreme Court, the Constitutional Commissions and other constitutional offices, and officers of the armed forces with general or flag rank, the declaration shall be disclosed to the public in the manner provided by law.” RA 6713 acknowledges the public’s right to know of the assets, liabilities, and net worth and financial and business interest of Corona, his spouse and unmarried children under 18 years, who live in their household and that it requires Corona to submit his SALN 30 days after assumption into office, every April 30 thereafter, and 30 days after separation in office. RA 6713 says Corona is to submit his SALN that contains the following information: real property, its improvements, acquisition costs, assessed value and current fair market value; personal property and acquisition cost; all other assets like investments, cash on hand or in banks, stocks, bonds, and the like; liabilities; and all business interests and financial connections. Midas Marques has confirmed in earlier published reports the failure of his principal to make public disclosures of his SALN, saying the Sept. 22, 1992 en banc resolution prevents Corona, the Supreme Court and appellate court justices and lower court judges from disclosing their SALNs purportedly to avoid other parties from harassing them or using their SALNs against them in cases involving adverse decisions. But the 1992 en banc resolution does not in anyway amend RA 6713, which specifies the steps and other pertinent details on the constitutional requirement to submit SALNs. Neither does the law provide any exemption to this all encompassing constitutional provision on the accountability of state officials. Corona is not in a position to raise as an argument the possible harassment from court litigants on his failure to submit his SALN. Those public officers, who have submitted SALNs that contain rightful information, have not been subjected to any harassment. On the other hand, the submission of SALNs that contain only rightful information has deterred any undue harassment. The submission of SALNs is a main deterrent against commission of corruption in public office. The honest disclosure of assets and liabilities is the best weapon against harassment or allegations of corruption. The SALN is the best guidepost for any lifestyle check because acquisition of illegal wealth by a public would be easily reflected by his SALN. Any possession of wealth or property way above his lawful income deserves explanation.” Jan. 18 “Its a good thing that the impeachment court has pushed the Supreme Court clerk of court to submit the SALNs. Otherwise, we will be confronted by another specter of public discontent.” Jan. 18 “Those SALNs have the potential of becoming the tinderbox in the ongoing impeachment trial. If they are not submitted to the impeachment tribunal, they may become the proverbial unopened envelopes during the Estrada impeachment trial. We cant stop our people from expressing their displeasure and going out to the streets again. Just watch out...” Jan. 18 “Whats the big fuss about the statement of assets, liabilities, and net worth (SALN)? If a public official has nothing to hide and he does not engage in any corrupt activity, making public his SALN is no big deal. Look at those public officials, who have nothing to cover up. They just make it public without much ado... But if for the corrupt public officials, making public their SALNs - and putting them under oath as required by the Constitution - is the hardest thing to do for obvious reason. Any discrepancy in the SALNs and actual possessions is a ground for perjury. This can be pursued without prejudice to the subsequent filing of charges in violation of the Anti-Graft and Corrupt Practices Law. Besides, the public official can face forfeiture proceedings, where his ill-gotten wealth can be forfeited in favor of the State. Thats why Renato Corona does not have to issue writs of donation.” Jan. 18 ON MEDIA COVERAGE “I am about to watch the impeachment trial. After browsing the various networks, I have settled for Ch. 28, which has the Solar News program jointly hosted by veteran broadcast journalists Pia Hontiveros and Jing Magsaysay. I could not stand the amateurish approaches of the other networks. Neither do I appreciate the unrestrained bombardment of words like medyo, daw, baka, kumbaga, parang by those idiots masquerading as broadcast journalists. Those poorly trained broadcast people, who dont adhere to any form of standard communications and reportage are definitely a disgrace to journalism. “Jan. 17 “Definition of terms as culled from text messages of friends: 1. JUDICIAL INDEPENDENCE - Kalayaan magnakaw at ibenta ang mga desisyon ng korte ng mga huwes at mahistrado sa mga taong may kakayahang bumili. 2. DICTATORSHIP - Ang mapigilan ang mga huwes at mahistrado na maibenta ang kanilang mga desisyon, kasama na rito ang pagpapatakas sa mag-asawang Arroyo upang maiwasan ang kanilang mga asuntong hinaharap. 3. JUDICIAL REVIEW - Kalayaan ng mga huwes at mahistrado na maipaliwanag at magamit ang batas upang baluktutin ang kanilang desisyon at magkamal ng limpak-limpak na salapi... Iyan ang ipinaglalaban ng mga mahistrado at huwes at mga empleyadong kanilang ginagamit sa kanilang buktot na layunin.” Jan. 16 ON CJ CORONA “What is the moral right of the chief magistrate to acquire so much wealth to the point that he can live very comfortably for at least five lifetimes without working? Greed seems insatiable... “Jan. 12 “Cohorts of Renato Corona have been urging state workers in the judiciary to wear purple dresses in support of the beleaguered magistrate. For sure, court administrator Midas Marquez, who is a morally infirm coward, will deny their plan of mass action. Lets counter their initiative by wearing white dresses in support of the impeachment trial. White is the symbolic color of purification, of cleansing process in the country. Please pass this message either through text or any other means of telecommunications.” Jan. 13 “CJ Corona is man walking dead. No need to engage in gutter tactics. He will have his comeuppance, whether he likes it or not...” Jan. 4 MIDAS MARQUEZ AS SPOKESMAN “I beg to disagree. A spokesman for the Supreme Court is like the human appendix... Totally useless but its there... When it gets infected, the whole body suffers. It may even die. The Supreme Court decisions speak for themselves... I covered the SC in the past and we didnt have to look for a spokesman... We have sources, who are qualified lawyers, who can interpret the law and judicial doctrines for us... Having a spokesman in the high court limit the perspective of journalists there to only point view - Midass...” Jan. 31 “I dont know if its lack of discretion on the part of Midas Marquez. When the controversy on the public disclosure of the SALN of Renato Corona had heightened, Marquez was quoted as telling the President that he should read the Narvasa Resolution of 1992. Marquez was a picture of cockiness, as if he was to lecture the President to go, search for the Narvasa resolution, and read it. Of course, the Narvasa Resolution cant supplant the constitutional provision requiring top officials including the Supreme Court to make a public disclosure under oath of the SALNs. Also, the Narvasa resolution cant repeal RA 6713, or the Ethical Standards Law. In another instance, he was an epitome of vulgarity and arrogance to say in public that only the Supreme Court holds the power to decide on the issue of allowing GMA to leave for abroad. Marquez may never know it but because of his cocky and arrogant posturings and his close identification with Corona, he has become a fitting target of some retaliation from certain quarters. Although it is not customary to hit the messenger, Marquez may not even understand how he has put himself in the most precarious situation. In a sudden twist of fate, he may even find himself facing graft charges and may go to jail. The misuse of the World Bank funds could be the ground. This is always the price of losing ones objectivity and cavalierly hitching his own wagon to a losing cause, which is Corona. When Corona goes, he goes too. Or worst of all, he goes to jail. Suddenly, this idiot has become quiet. Pathetic... “ Jan. 24 “It appears that Midas Marquez, aka Medusa Marquez, has emerged as the modern-day Rasputin of the Supreme Court. He has practically cajoled Hilario Davide, Reynato Puno, and now, Renato Corona. They appear to be under his spell, using them for his selfish interest...” Jan. 18
Posted on: Tue, 07 Oct 2014 07:05:30 +0000