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Is This the Beginning of the End of the Corona Impeachment Trial?

fter last Thursday’s Senate Impeachment hearing, one has to seriously Impeached CJ Renato Corona waves to supporters together with  wife Maria Cristina last Dec. 2012ask if it is “all over but the shouting?” Presiding Officer and Senate-President Juan Ponce Enrile’s carefully chosen and seemingly innocuous sounding words hardly raised any eyebrows but seems to have struck a deathly blow to the defense of impeached Chief Justice Renato Corona.

First, Enrile noted that “the rule of hearsay does not apply strictly in the impeachment court” which means that much of the evidence the defense could have made inadmissible and stricken from the record will instead be allowed—this even after Senator Judge Miriam Defensor-Santiago took to the rostrum to lecture the court yet again on hearsay evidence. So going forward, the Corona’s defense team is on notice that testimonial and documentary evidence that might normally be inadmissible in a regular court would be allowed in this impeachment trial.

Second, Enrile also made it a point to mention that the quantum of evidence needed to convict Corona will not be “proof beyond reasonable doubt” but simply any evidence that the senator-judges consider admissible. For House prosecutors, their burden of proof has now been significantly reduced.

The presiding officer cited as reference two American books on the subject: Impeachment: The Constitutional Problems by the late Raoul Berger, of Harvard University; and Impeachment: A Handbook by the late Charles Black, Jr. of Columbia Law School.

With Corona’s removal from office now almost a foregone conclusion—unless the prosecution manages to bungle the case so badly as to lose the public’s trust—the Filipino people have begun the process of taking back the courts from what is widely perceived as the control and influence of those with money and power. Judges and justices who once Anti-Corona demonstrators from Akbayan stage a rally outside the high courtthought they were beyond reach and answerable to no one, might soon find themselves not just out of a job but also facing criminal penalties.

Since the late strongman Ferdinand Marcos made dollar-denominated bank accounts almost completely secret in 1974 (read article), and the Narvasa Supreme Court made a judge’s SALN (Statement of Assets, Liabilities and Net-worth) private in 1992 (read article), many members of the judiciary have been operating as though they are beyond anyone’s reach. But if either or both of those rules are lifted or made less stringent, corrupt judges would drop like flies before the hands of a determined administration set on “cleaning out” the judicial branch.

It is high time Filipinos took back their courts. Our Constitution states that every person has the right to due process and equal protection under the law…but if you are poor and your opponent in court happens to be rich and powerful you have a better chance of being struck by lightning on a clear day than you have of winning your court case. The scales of justice have to be brought back in balance. The Corona impeachment is but the opening salvo in the battle to take back the judiciary. The era of entitlement for those with money and power is coming to an end. May equal justice and fairness soon prevail all across the land. Published 2/25/2012

Saved Comments

Name: 1 UP
City/State/Country: GOTHAM CITY
IP Address: 74.101.61.3

Comments

In the Philippine scenario, all legal cases could be won even if the odds of winning are 1: 1,000,000 (or even hundred million more). The odds are determined by how much the litigant is willing to pay to sway the judge's ruling in his or her favor. There are no great defense or trial lawyers in the Philippines. Most would always attempt to sell themselves to be one, but they are not. These (trial lawyers) lack the education, the experience, the skill, and the qualities regarded as a credible threat to a prosecutor and even to the presiding judge. So, do you think Cuevas is? Ask Tony0. Ang mga kaluluwa nila Jose Abad Santos, Munoz-Palma, Teehankee etc. ay lumayo na. Gone forever from the halls of justice! Sa sama nang loob.


Name: JRH
City/State/Country: Montreal, Canada
IP Address: 70.83.216.81

Comments

The most critical statement of this new PNL editorial states that.."the Filipino poeple have begun the process of taking back the courts from what is widely conceived as the control & influence of those with money & power". These officials in black robes are thieves of the highest caliber. They don't give a damn about our people, as long as they fill up their fat bank accounts. The demise of Marcos, Estrada, & Arroyo was due to corruption 100% or more. Exactly the same pattern that Corona abused his position as Chief Justice. It's time that this crooks pay for their crimes. It will be a historical event if the senate impeachment body will find him & his family guilty beyond reasonable doubt. Everybody's watching. Abangan.


Name: James
City/State/Country: Philippines
IP Address: 112.198.82.35

Comments

Sen Enrile has shown Maturity & Wisdom. I believe that the current Impeachment is really an eye opener! There ought to be clear Rules on Impeachment Trial, differentiating Impeachment Cases from Criminal Cases. There ought to be a Strict Law on how to remove erring Judges or Members of Judiciary, Because, current status clearly shows that if SC Justices erred in their Decisions no one can correct nor rebuke them.


Name: Phil Researcher
City/State/Country: LA County, Ca USA
IP Address: 98.119.17.19

Comments

RE: Incumbent CJ. Renato Corona.. Now for all those who were celebrating because of the hearsay evidence at first was not admissible and now JPE has turned around an reconsidered..Even hearsay is admissible if you consider the reasonableness of the narrative .. Is it believable that it could have happened considering the totality of the narrative..The appointment of the chief Justice was doomed the moment his uncle in-law the late Jose Ma Basa III wrote that letter to the JBC questioning the Judgment capability of Corona who was not able to prevent his uncle from going to that extreme of denouncing him in public.


Name: 1 UP
City/State/Country: GOTHAM CITY
IP Address: 74.101.61.3

Comments

PNL Editorial: The beginning of the end or the end of the beginning? The main issue in the whole impeachment proceeding is to determine whether Corona has been honest forthwith in his financial disclosure and if his court has been impartial in its decisions. TRO is not an over-the-counter remedy that people buy in the pharmacy. It is a prescription written with careful thought and deliberation to prevent further injury, harm or harassment to the petitioner or victim. It is not issued to please a benefactor. Evidently, Corona's court ignored its wisdom and continued to use it.


Name: mockingmaya
City/State/Country: taft avenue, manila
IP Address: 67.182.75.243

Comments

The presiding Senator-judge Enrile's statements that "the quantum of evidence will not be proof beyond reasonable doubt, & the rule of hearsay doesn't apply strictly in the impeachment court" can be underscored in one statement of a great jurist: "I hate justice as a judicial consideration." In other words, it is not the function of the Senator-judges to include or put what is not part of the impeachment Court. A former judge once said that "justice is for the Congress & President to administer, if they see fit, through the creation of a new law." You don't need to be an Ateneo & Harvard graduate to comprehend the separation of roles in creating laws. Plain & simple.


Name: JRH
City/State/Country: Montreal, Canada
IP Address: 70.83.216.81

Comments

There's no denying that our public officials & its constitutional democracy has abused, misruled, & brutalized the system for a long time. It's weakened, stagnant, & utterly miserable to say the least. True progress requires drastic changes. The Daang Matuwid is the right way. If we finally overthrow the past & corrupt system & introduce & effective ideas over the non-functioning & unequal justice by the old, callous, & corrupt politicians. Radical changes & strict reforms in gov't, military, even the clergy must now prevail. Those who abused it must be punished.


Name: deo
City/State/Country: flour-flower city
IP Address: 66.66.168.15

Comments

In the news: "Enrile: This is not a criminal case". By Deo, I'm really good! again! I posted earlier that "the trial is a simple case of removing an erring public official (Corona) from the position" seemed to be lost in the shuffle. This is not crime". Enrile confirmed my opinion. hehehe.


Name: 1 UP
City/State/Country: GOTHAM CITY
IP Address: 74.101.61.3

Comments

Tony0 concluded: "Acquittal is not remote." Mistrial is possible, I say to you. Even if Corona escapes conviction, plunder charges are being readied. Mark my word pal. I am still waiting for answer if the $700,000 bank account of Corona is a savings account or a dollar denominated investment? Tell me buddy.


Name: deo
City/State/Country: flour-flower city
IP Address: 66.66.168.15

Comments

Corona just doesn't get it! Enrile are almost saying in his face "you are guilty!" when he (Enrile) "overruled" objection after objection from the defense. The defense should have smelled it when Enrile denied their motion for preliminary hearing before the start of the trial. I will repeat this again once more for the third time, the trial is a simple case of "firing" an erring official (Corona) from office. The senate do not have to prove "beyond reasonable doubt" his guilt. Preponderance of evidence is suffice to remove him from office. Nobody is going to prison when this is over. But he is not in the clear yet. He could still face felony charges. Double Jeopardy? NO. Impeachment is finding out if he "misbehaved".


Name: JRH
City/State/Country: Montreal, Canada
IP Address: 70.83.216.81

Comments

It was our national hero, Dr. Jose Rizal, who urged Filipinos of the ideal of 'pakikisama" or an articulated national community by the people themselves. We are slowly getting there. According to him, power after all rest in the people, not the clergy, not in the military, nor yet in govt. Another objective is 'pagkabayani' entails the pursuit of education, agriculture, & commerce. The last objective is 'pagsasarili' which implies ownership of that sufficiency of the world's goods whereby every Filipino can be his own man or woman. All these can only happen if reforms & drastic changes happen now. It's ardently desired by the whole nation. With God's will we might finally reach it.


Name: pepe
City/State/Country: bolingbrook, IL
IP Address: 203.87.139.40

Comments

Noong panahon ni GMA, ginamit niya ang "Executive Priveledge" para hindi umamoy ang baho at alingasaw ng pangungulimbat nila sa kaban ng bayan. Ngayon, gianagamit ni Corona and "Judicial Privilege", para hindi umalingasaw ang baho niya at ang alyados niya na appointed ng mabahong GMA. Ang Constitution ba ay para sa karapatan ng mga magnanakaw? Kawawa tayong mga Pinoy. Legal na ang magnakaw sa bayan!!


Name: 1 UP
City/State/Country: GOTHAM CITY
IP Address: 74.101.61.3

Comments

Most of us see the impeachment trial of Corona as if it is a criminal trial that every allegation has to be supported by some kind of physical evidence. In fact anecdotal, testimonial or even intuition are considered as forms of evidences to demonstrate the TRUTH. The impeachment trial is not a criminal trial that one has to produce the body of a victim (CORPUS DELICTI) and the murder weapon as well. The lack of truthfulness of Corona is more than enough to convict Corona that he had betrayed the office he holds.


Name: mockingmaya
City/State/Country: taft avenue, manila
IP Address: 67.182.75.243

Comments

Isang magiting na Commander-in-Chief ng Republika ng Pilipinas si President Aquino sapagkat alam niya na ang tunay na pinuno ay hindi dapat pababayan ang kapakanan ng kanyang mga kawal: maraming namatay sa sakit na malaria sa Mindanao, maraming sundalo na lumusob sa kaaway na hindi malusog, ang kanilang mga pamilya ay parang mga pulubi sa Lower Calarian, Zamboanga City na walang matuluyan, kulang ang mga gamot para sa malaria at iba pang sakit ng sundalo sa Mindanao. Hindi namin kailangan ang mga medalya, military letter of commendations, at iba pang palamuti sa aming uniporme para labanan ang mga kaaway ng Republika ng Pilipinas at demokrasya.


Name: 1 UP
City/State/Country: GOTHAM CITY
IP Address: 74.101.61.3

Comments

Pepe: There are no good justices in the Philippine Courts. Just look at the many cases that have remained unresolved and high profile cases that the government should have won but lost. People are so frustrated and disappointed with the judicial system that aggrieved parties take matters into their own hands because the courts could not provide the kind of justice people want and rightfully deserved. May I cite the Maguindanao massacre to make a point?


Name: mockingmaya
City/State/Country: taft avenue, manila
IP Address: 67.182.75.243

Comments

Chief Justice Corona is a paragon of a modern Supreme Court justice who is willing to manipulate public trust or public office to enjoy the level of extreme luxury that even old tyrants or totalitarian leaders of the past would have envied. Chief Justice Corona & his apologists in the SC shamelessly cried from the rooftops that they wanted to suppress the sovereign rights of the Filipino people to hide their narrow & anachronistic opinions to maintain the status quo: the politics of judicial plunder.


Name: Tiklop Tuhod
City/State/Country: Norwalk, Ca
IP Address: 216.70.166.176

Comments

I watched with amazement how Enrile and Brenda Santiago admitted their fear and helplessness in trying to avoid conflict with the Supreme Court. I thought Enrile had for so many times claimed that only the Impeachment court has sole power to go about the business of impeachment. Why retract and surrender? Be reminded that the senators are elected by the people and justices are not. If they can impeach a president why be afraid of CJ Corona? With the line of thinking by Brenda and Enrile why don't we just stop the hearings now?


Name: Phil Researcher
City/State/Country: LA County, CA
IP Address: 98.119.17.19

Comments

RE: Basa-Guidote Enterprises, Inc...this was the family corporation of Cristina's relatives. The majority was held by Jose Ma. Basa III, only 10% was controlled by Asuncion Basa mother of Christina (Mrs. Corona).. for over a decade there was no stockholder's meeting according to the late JM. Basa III He sued Cristina for Estafa, Cristina counter sued with libel who wins? of course the side of Cristina being the wife of an Assoc Justice how could they loose... Thus J.M. Basa wrote that letter to the JBC that as far as he is concerned Corona would only bring disrepute to the SC.


Name: 220 Lange
City/State/Country: NY
IP Address: 166.137.138.23

Comments

The problem with justices of the Supreme Court is that they think of themselves as above the law . That is twisted belief. It is the same feeling of police officers that their shield and gun make them powerful. Abuse of power is bound to happen all the time.


Name: Michael Light
City/State/Country: Bacolod City
IP Address: 180.191.231.84

Comments

What is unfolding in our society today is the RULE OF LAW-yers, the more expensive the likes of Atty. Cuevas the better. This is synonymous to the GOLDEN RULE…those who have the gold—RULES. Unfortunately for CJ Corona, some of his gold are showing up in some of his bank accounts and are giving him nightmares. There is really a biblical truth that money is the root of all-evil. This is the harsh reality of a Democratic society wherein lawyers and politicians can bend the rules to their advantage - for a price. People the likes of Enrile, Honasan, Trillanes and Lacson should know better. If they followed the Rule of Law we could never reform our society. The prosecution might lose the case but not public opinion and it will have consequences.


Name: Steve R
City/State/Country: California
IP Address: 98.234.19.64

Comments

TonyO, good research, link & comment delivery but just the same CJ Corona is going down even with the help of GFJB.. & 7gtg. No one can take away your almost superb reasoning & how you lay out your rationale. You also used my 6 Blindmen to your advantage - close but no cigar. Superb rationale & comments from mockingmaya, 1 UP, Deo & LiPF, JRH, & 220 Lange will prvail. Of course, Marie's prayer will help a lot. Soon, one day in March or April, Filipinos will wake up with a big sigh of relief & look forward to less corruption in govt. bcoz CJ Corona is out, CGMA & Abalos are in detention. Pabaon for retiring AFP Gen is out, Comptroller Garcia was arrested & jailed & Ombudsman Gutierrez resigned. Mabuhay si Accountant Heidi Gonzales for testifying about corrupt practices in govt.


Name: Claire de lune
City/State/Country: Honolulu, Hawaii
IP Address: 24.25.243.13

Comments

Whatever the end results of the impeachment trial, now we know that even the highest court of the land is still has the capability to corruption. Sila pa pala ang nangunguna na punoin ang kanilang bulsa. What a shame!


Name: Pinoy123
City/State/Country: cali
IP Address: 74.62.244.242

Comments

Ang mga Pinoy na nagdudunung-dunungan na tulad nina Miriam Santiago at tony0 ay isa lamang na halimbawa ng isang taksil sa bayan. Me talino din pero me mga kuliling sa utak kaya sila ay mga bulag at bingi sa hinaing ng mga Pilipino, ang mga taong ito ay halimmbawa ng mga kurap sa lipunan gaya ni Corona. Ano ba ang kasalanan ng mga Pilipino sa inyo Miriam at tony0? At pinagtatanggol ninyo ang isang magnanakaw sa gobyerno. Tumigil na sana kayo para di kayo pamarisan. Stop rescuing Corona.


Name: Phil Researcher
City/State/Country: LA County, CA
IP Address: 98.119.17.19

Comments

Re: Juan Ponce Enrile-- JPE like the Chief Justice R. Corona also finished his Master of Laws Degree in Harvard Law in the late fifties or early 6os..unlike Corona though he practiced law with the Sigiuon-Reyna law office until he joined the government in 1966 under the newly elected President Marcos who appointed him as an undersecretary of finance and later Sec. of Defense. In the EDSA 1 (Feb 25 to Feb 28 1986)together with then Gen. F Ramos led the mutiny against the Armed forces of the Dictator under Gen. Fabian Ver. JPE is going to do the right thing and vote for the removal of CJ Corona, it will be his legacy to the Filipino people.


Name: LPiF
City/State/Country: LosAngeles/MlaP
IP Address: 121.1.11.38

Comments

1 UP: GoodObservation: "There are no great defense or trial lawyers in the Philippines. Most would always attempt to sell themselves to be one, but they are not. These (trial lawyers) lack the education, the experience, the skill, and the qualities regarded as a credible threat to a prosecutor and even to the presiding judge."...Lawyers don't get enough experience because most cases do not get past the fiscal's office. They are good only in writing pleadings and that's the extent of their practice. Fiscal's office is the most corrupt department in PH justice system. They have the power to sell the case to the highest bidder. Nakapiring ang justice system dito dahil sa pera. He he he...


Name: 1 UP
City/State/Country: GOTHAM CITY
IP Address: 74.101.61.3

Comments

The way it is seen, justices of the Supreme Court are not really that serious in filling up their financial disclosure forms. They understate their net worth by deliberately omitting certain income and oppose every effort for the public to know how rich they have become. Their lifestyles do not match their net worth. In the US, gifts in cash or in goods as a gesture of gratitude may be taxed. Corona got a lot of those taxable gifts.


Name: lee buyagan
City/State/Country: la trinidad
IP Address: 37.104.13.113

Comments

It is not a satisfactory impeach for Corona by just removing him only from his post. The government should file separate cases (against him and his family after conviction) in order to implement the full force of law against all corrupt officials as well as individuals. If not, than it is still a lousy justice system.


Name: 220 Lange
City/State/Country: NY
IP Address: 166.137.138.23

Comments

Most, if not all , are demanding a very high standard in the conduct of Corona's trial without taking into account the lack of experience of both chambers of Congress. Many players are just grandstanding and contribute nothing of substance to the proceedings. Corona's trial is more of a civil suit where the honesty and integrity of Corona is on trial. The average Juan De la Cruz is disinterested because the people who wrote the play was badly written. People are unable to perceive how this trial could change the administration of justice and the value of government's effort in removing the stain of corruption and the abuse of political power.


Name: lee buyagan
City/State/Country: la trinidad
IP Address: 94.97.149.203

Comments

If Filipinos are living under the leadership of these old politicians' expertise, like Enrile, Cuevas, IBP president and including Bernas and others, life will be miserable because their judgment is no longer applicable and acceptable against today's modern corrupt practices.


Name: JRH
City/State/Country: Montreal, Canada
IP Address: 70.83.216.81

Comments

Why might the impeached CJ Corona lose his case? Isn't it that the lack of transparency & public accountability that will finally prove it. Our gov't (without prejudice) simply said the real rule of law, openness, & transparency must prevail. It's evident that the CJ abused them. Secret accounts, questionable wealth, inflated market prices, special privileges for major corporations, special discounts to purchase prime properties, etc. Patronage or outright bribery is obvious in these cases. To the defence, all these are irrelevant? God Almighty help. Crooks get help from high-level lawyers. What a system.


Name: Franco
City/State/Country: San Francisco
IP Address: 67.188.233.99

Comments

Sayang si Joker... During the fight against Marcos, this gentleman seemws and acted incorruptible like a rock... Pero ngayon, kung magsalita ang tuno niya ay parang naging corrupt na rin. Siguro malaki ang influensiya ni Gloria at saka ni Villar sa kanya. Dapat sana ay siya ang huwaran ng hustisya, ngunit malaki ang ipinagbago ng panahon sa kanya. Ganyan ba talaga ang buhay?


Name: Phil Researcher
City/State/Country: LA County, CA
IP Address: 98.119.17.19

Comments

Re: Renato Corona..-- Just applying the rules cited by the Chief Justice in one of his landmark Decisions when he was a newly appointed Assoc. Justice in 2003.. there is ample evidence a preponderance of evidence to remove Corona from his office.. His only other source of money was the P34 million check from the City of Manila for the land and Building of which his wife was only 10% owner as the majority was controlled by Cristina's Uncle Jose Ma. Basa III and another brother or sister. In short he has an unexplained wealth problem. Imagine in just 9 years his assets tripled in value (Report from Newsbreak another reputable critic of the SC.


Name: HMS
City/State/Country: New York NY
IP Address: 67.241.96.149

Comments

Did you hear? INC is inviting Corona to its rally as a special guest. An accused crook is being given a place of honor by a major religious denomination. And did you hear? Villar said they do not have the numbers to impeach Corona...yet. This despite the preponderance of evidence submitted so far. What is this? Quid Pro Quo? Blackmail? Are these Senators angling? Looking for a deal? This for that? What a wretched country this is! It's all about power. There are no morals. No right and wrong. No truth and lie. Evil wins over good all the time. Are Filipinos this ungovernable? I suggest PNL invite a discussion about religion and its effects in the Philippines.


 

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