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Prosecution, after blunders, wants rules eased House prosecutors were off to a shaky start with several blunders in the 1st week of the impeachment trial of Chief Justice Renato Corona, prompting them to urge the Senate to relax its rules and to allow them to present their evidence even as they uncovered it.

he 1st day of the presentation of evidence on Jan. 16 proved to be a disaster for the prosecution panel after they failed to Tpresent a “smoking gun” because they had no witnesses to present and the trial had to be adjourned. The witnesses came on the 2nd day of the trial and Mr. Corona’s statements of assets and liabilities were turned over to the Senate impeachment court. Week 2 of the trial that resumed on Jan. 24 found the prosecution in a defensive position after Presiding Judge and Senate President , acting on a motion by Senator-Judge Francis Escudero, made them explain why they were presenting evidence of Mr. Corona’s alleged unexplained wealth when Article 2 of the impeachment complaint made no such allegation. Mr. Escudero said Article 2 claimed only Mr. Corona’s non-disclosure of his statements of assets, liabilities and net worth to the public, but prosecutors were adding new charges such as the non-inclusion of certain pieces of property statement quoting former University of the Philippines College in his statements, and his amassing of unexplained wealth. of Law dean Raul Pangalangan that among the 8 articles, he Ideally, Mr. Escudero said, each article should only allege one considered Mr. Corona’s bias in favor of Ms. Arroyo the “most specific act or omission to be read and put to a vote bythe serious.” “Of all the impeachable offenses charged, I consider this senator-judges. But the prosecution’s own evidence showed Mr. [Article I] the heaviest because it goes to the heart of the work Corona had complied with the filing of his statements of assets of a judge, goes into the heart of the function of an independent and liabilities from 2002 to 2011, when those were submitted judiciary within our Constitution,” the prosecution quoted Mr. to the Supreme Court’s clerk of court. Finally, the impeachment Pangalangan. Article 1 accuses Mr. Corona of betrayal of public court resolved to bar the prosecution from presenting evidence trust as a result of his alleged partiality and subservience in the on Mr. Corona’s alleged accumulation of ill-gotten wealth. cases involving Ms. Arroyo, who appointed him Supreme Court The prosecution also did a turn-around, saying it was now associate justice in 2002 and chief justice in 2010. The prosecution Article 1—Mr. Corona’s alleged bias in favor of former President panel said a tabulation of Mr. Corona’s voting record showed Arroyo—that would pin him down. The prosecution issued a he had consistently sided with the Arroyo administration in 15

It’s not just the Chief Justice that is on trial here but the system of checks and balances.

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politically-significant cases involving its assaults on constitutional Service Commission Chairman Francisco Duque. The prosecutors rights, before his appointment and during his term as chief justice. ruled that Ms. Arroyo and her co-accused conspired in “proposing, In other developments, the national organization of town requesting, approving, implementing and releasing (OWWA) and city judges urged senators to remain faithful to their oath funds for purposes other than for which they were intended.” Other to be impartial while sitting as judges in the impeachment trial former and incumbent members of OWWA Board of Trustees were of Mr. Corona after some senator-judges drew flak for showing cleared of criminal liability, saying there was no evidence to prove their partiality. The judges’ association also said the senators that Labor Secretary , former Labor Secretary must disregard political affiliations and even public opinion Patricia Santo Tomas, former Labor Undersecretary Manuel when they cast their votes on whether the chief justice is guilty Imson, and board members Mina Figueroa, Caroline Rogge, of the 8 articles of impeachment filed against him by the House of Victorino Balais, Gregorio Oca, and Virginia Pasal connived with Representatives. Mr. Enrile said both the defense and prosecution Ms. Arroyo and her co-accused in the misuse of OWWA funds. panels were free to ask for the inhibition of any senator-judge Meanwhile, Ms. Arroyo, former First Gentleman Jose Miguel in the impeachment trial if he/she is perceived to be biased. He Arroyo, and 2 former Cabinet officials are now barred from stressed that a motion to inhibit could be filed by either party for leaving the country after the Sandiganbayan anti-graft court’s the inhibition of a particular senator-judge, but that the decision to 4th division ordered this as a result of the graft cases filed against inhibit would fall on the senator-judge concerned. The Integrated them. The order is also in effect against resigned Elections Bar of the Philippines made a similar appeal for impartiality Commission Chairman Benjamin Abalos and former Transport to the senators before the trial started, reminding them of their and Communications Secretary Leandro Mendoza. Malacañang “solemn oath to do impartial justice according to the Constitution welcomed the Sandiganbayan’s decision. Presidential spokesman and the laws of the Philippines... based on facts and evidence said the hold-departure order would ensure and not on personal sentiments or swings of public opinion.” that the 4 people subject to it would not be able to leave the For only the 2nd time in the history of the republic, the Senate country. Pasay City Judge Jesus Mupas had earlier issued a convened on Jan. 16 as an impeachment court. President Aquino hold-departure order against Ms. Arroyo, who is under hospital has tried to distance himself from the impeachment, although he arrest at the Veterans Memorial Medical Center after she was has often said that Mr. Corona is a major hindrance to the credible charged with electoral sabotage for her alleged involvement in administration of justice in the country. But since the rigging of the 2007 elections. The latest hold order against was impeached, tried and later ousted by people power in 2001, Ms. Arroyo stemmed from the Ombudsman’s filing of 2 counts and after several failed attempts to impeach Ms. Arroyo during her of graft against her over the botched $329-million national presidency, the nation knows that the process is largely political broadband deal with the telecommunications firm ZTE Corp. and dependent on numbers. But hopefully the public trial will of China. Mr. Arroyo, Mr. Abalos, and Mr. Mendoza each face compel lawmakers, sitting as judges on the fate of the Chief Justice, 1 count of graft in connection with the same deal. The deal was to base their actions and votes on more than partisan or personal closed in April 2007, but Ms. Arroyo cancelled it 6 months considerations. Whatever the outcome of Mr. Corona’s trial, it later due to allegations of kickbacks and illegal commissions. must be able to withstand proper scrutiny. It’s not just the Chief Cases have been filed in court and the principal defendants Justice that is on trial here but the system of checks and balances. have been barred by the Sandiganbayan from leaving the country. Several years after a congressional inquiry on the broadband OWWA fund misuse added to Rep. Arroyo’s deal with ZTE Corp. was stalled by the invocation of executive privilege, the prosecution of graft cases in connection with the rap sheet deal finally appears to be moving along. Apart from presenting a strong case and ensuring that those who might have personally The Justice Department on Jan. 11 recommended the benefited from the deal are held accountable, the government criminal prosecution of former President and now must also put in place measures to prevent a repeat of similar detained Pampanga Rep. Gloria Arroyo and 3 other questionable transactions. Laws have since then been passed people for their alleged misuse of P550 million that was to promote transparency in government procurement. The intended for the welfare of Filipino workers abroad. administration of “daang matuwid” (straight path) should also Alongside this, the Sandiganbayan anti-graft court issued coordinate with the Commission on Audit in preventing a way a hold-departure order on Ms. Arroyo and 5 others over of going around procurement laws: by breaking apart big-ticket the graft cases that stemmed from the botched NBN-ZTE procurement deals into smaller ones to skirt auditing requirements. deal. The administration should also take another look at the rules governing projects financed with foreign assistance. The foreign A 3-man panel also endorsed the filing of charges of improper aid component of the ZTE broadband deal was used by the conduct against former Foreign Affairs Secretary Alberto Romulo, Arroyo administration to invoke executive privilege when then former Overseas Workers Welfare Administration (OWWA) head socio-economic planning secretary Romulo Neri was summoned Virgilio Angelo, and former Health Secretary and now Civil by the Senate to disclose more information about the deal. The

Ms. Arroyo and her husband are barred from leaving the country.

Philippine Alert January 2012 POLITICAL 15 argument of the former administration was then upheld by the Farmers assert rights over Hacienda Luisita Supreme Court. Foreign governments must also account to their taxpayers for their disbursements for official development Farmers vowed to assert their rights over some 4,915 hect- assistance (ODA). It can be presumed that foreign governments ares of agricultural land in Hacienda Luisita, including don’t want their ODA dragged into corruption scandals overseas, the portions being claimed by Rizal Commercial Banking and it can be presumed that they would appreciate clear and Corp. (RCBC). transparent rules on aid utilization by the recipient country. China, whose huge soft loan facility for the Philippines has Mr. Felix Nacpil, chairman of the Alyansa ng Manggagawang remained largely untapped as a result of the scandal over the ZTE Bukid sa Asyenda Luisita (Alliance of Farm Workers in Hacienda deal, has said that the incident has been a learning experience. Luisita), said his group of farmers will petition to revoke a Chinese officials have said they are ready to play by fair Philippine conversion order issued by the Agrarian Reform Department to rules, but these must be laid out clearly by the Philippine RCBC in 1995. The order involves some 300 hectares in Balete government. The Aquino administration should draw up these rules. village in Tarlac City, a piece of property within the Hacienda Luisita that supposedly was sold by Luisita Industrial Park Corp. Judge blocks presentation of new massacre to RCBC. On Nov. 22, 2011, the Supreme Court ruled in favor of the farmers and ordered Hacienda Luisita, owned by the relatives witnesses of President Aquino, to distribute the land to its farm workers as mandated by the agrarian reform program. Mr. Nacpil’s move is The Quezon City Regional Trial Court on Jan. 11 blocked the supported by the farmers’ group Alyansa ng mga Magbubukid presentation of 2 surprise witnesses against some members sa Gitnang Luson (Farmers’ Alliance in Central Luzon). of the Ampatuan clan who are accused of being behind the Relatives of Mr. Aquino have promised to abide by the latest murder of 58 people, including journalists, on Nov. 23, 2009. Supreme Court (SC) decision distributing the family’s sugar estate in Tarlac to the tenant-farmers. The unanimous decision Branch 221 Judge Jocelyn Reyes “partially” granted the appeal amended the SC’s ruling last July, which allowed Hacienda of the defense to defer the presentation of 2 other witnesses of Luisita Inc. (HLI) to give its workers the option of choosing the prosecution and reset another hearing. During the hearing, between land and shares of stock in HLI. Mr. Aquino has tried Judge Reyes ordered a recess to decide on the urgent motion of to distance himself from the dispute, pointing out that his shares defense lawyer Philip Sigfrid Fortun to defer the presentation of in the country’s largest sugar plantation were negligible and he Ms. Gemma Oquendo, sister of the slain massacre victim lawyer had no role in the management of HLI. Regardless, the President Cynthia Oquendo-Ayon, and a National Bureau of Investigation has to live with the reality that despite the amount of his shares forensics expert. Mr. Fortun said surprise witnesses have been in Luisita, Filipinos will always link him to the controversy. causing the delay of the court proceedings. Private prosecutors This was also the case with his late mother, former President Nena Santos and Harry Roque countered that the partial granting , under whose watch the stock distribution option of the defense’s urgent motion was the one contributing to the slow was included in the Comprehensive Agrarian Reform Law that pace of the case. Ms. Santos slammed the defense for supposedly was passed by the landlord-dominated post-EDSA Congress. dictating on who the prosecution would present as witnesses. The introduction of the stock distribution option, which Two opposition lawmakers earlier demanded that the Justice allowed owners of large agricultural estates to avoid having Department focus on resolving the Maguindanao massacre. their lands parcelled out to tenants, was aggravated by the Maguindanao Rep. Simeon Datumanong, a former Justice inadequacy of support for making the redistributed land viable. secretary, said the victims of the Maguindanao massacre deserved Many small farms under the Comprehensive Agrarian Reform swift justice, but it had been 2 years since the carnage, and the Program (CARP) suffered from the lack of farm-to-market Justice Department has yet to resolve the case. House Deputy roads, marketing support, post-harvest facilities, and fertilizer Minority Leader and Zambales Rep. Milagros Magsaysay agreed, assistance. A number of frustrated CARP beneficiaries sold their saying if justice could be served at high speed in the case of farms, with their plight bolstering the argument (including that the Arroyos, then it should be the same pace for the victims made by the Wallace Business Forum) that large agricultural of the Maguindanao massacre. Nov. 23, 2011 marked the 2nd estates are more productive and efficient. Farmers, it is argued, anniversary of the brutal slaying of 58 people, including the 33 can be assisted in setting up cooperatives and putting together journalists covering the supposed submission of the certificate of their limited resources to make CARP lands viable. But, it candidacy of then Vice Mayor Toto Mangudadatu who was to run may be too late for this in areas where many of the farmer- against the powerful Ampatuan clan for the gubernatorial seat. beneficiaries have sold their lands. Although, there are ways of increasing this program’s chances of success. This, however, is hard as cooperatives rarely work well in the Philippines.

The victims deserved swift justice, but it had been 2 years since the carnage, and the case has yet to be resolved.

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With the court having opened the doors, through recent decisions, to endless litigation, the farmers of Hacienda Luisita may still have a long wait ahead to own land.

Mr. Aquino must show that he is exerting effort to make to government forces. A year ago, video footage apparently taken agrarian reform work, with the case of Hacienda Luisita by mobile phone showed Manila policemen torturing a crime particularly seen as a test of his political will. The case may suspect. Another footage showed soldiers also engaged in torture. not yet be over; HLI may appeal the SC ruling. With the court The best way to stop such abuses is to punish the perpetrators. The having opened the doors, through recent decisions, to endless Philippines continues to be ranked among the top 5 worst countries litigation, the farmers of Hacienda Luisita may still have a in terms of impunity in rights abuses. Failure to bring human rights long wait ahead to own land. What can be done immediately violators to justice is the biggest factor in nurturing that impunity. is to intensify efforts to make agrarian reform work for farmers who have already received land under the program. Manila offers to host summit on Spratlys

Reward doubled for retired Gen. Palparan’s The Philippines has urged the Association of Southeast capture Asian Nations (Asean) to hold a summit of China and 5 other Asian claimants to the Spratly Islands to try to resolve the The government on Jan. 5 raised to P1 million the cash long-simmering territorial disputes in the South China Sea. reward for the capture of retired general Jovito Palparan, who went into hiding after he was charged with the 2006 Foreign Secretary said he asked his Asean abduction of 2 students of the University of the Philippines. counterparts during an annual meeting in Cambodia held in early January to back the Philippines’ call for the 10-member bloc to Justice Secretary said she and Interior organize such a summit “as soon as possible.” Manila was ready Secretary decided to double the reward as a to host the unprecedented meeting, he said. The Philippines and “complementary move” to the ongoing manhunt for Mr. Palparan, fellow Asean members Brunei, Malaysia, and Vietnam have a former head of the military’s Northern Luzon command based overlapping territorial claims in the South China Sea’s Spratly in Bulacan. The decision to double the reward came amid Islands, which are believed to have undersea deposits of oil and reports that Mr. Palparan had sent “surrender feelers” to the gas. The islands, which are also claimed by China and Taiwan, National Bureau of Investigation. Ms. De Lima said she had straddle busy sea lanes and rich fishing grounds. Many fear the received death threats that could have come from the fugitive disputes could be Asia’s next flash point for armed conflict. The general, whom leftist groups call “The Butcher” for allegedly Philippines last year proposed segregating non-disputed Spratly masterminding the killings of communist sympathizers. territories from the disputed ones, which it said could be turned into Nearly 26 years after Filipinos ousted a dictator and restored common areas where China and other claimants could undertake democracy, state security forces continue to be taken to task for joint activities such as search and rescue drills to build trust their human rights record. Mr. Palparan is on the run. Scores of while the disputes continued. A resolution of the conflicts should police and paramilitary personnel are still being hunted down in be based on internationally-accepted rules such as the United connection with the Maguindanao massacre in 2009. In its World Nations Convention on the Law of the Sea, Mr. del Rosario said. Report 2012, Human Rights Watch said the Aquino administration The Philippines earlier protested to China over 3 Chinese has made little progress in ending impunity in rights abuses. The vessels that allegedly intruded into its waters last December. human rights watchdog counted at least 7 killings and 3 enforced The Philippine government expressed its “serious concerns” to disappearances that could be attributed to state forces since the Chinese Embassy after the 3 vessels, including a Chinese President Aquino assumed power. The group also prodded the navy ship, were sighted near Sabina Shoal in the South China administration to dismantle the paramilitary “force multipliers” Sea on Dec. 11 and 12. Regional military commander Lt. Gen. whose continued deployment is supported by the Armed Forces Juancho Sabban said a Philippine Navy patrol ship and an Air of the Philippines (AFP). AFP officials have assured the public Force plane kept watch from a distance until the Chinese vessels that they keep a tight rein on the militias, a number of whom left the country’s territorial waters. The 3 vessels apparently are utilized by political warlords as part of their private armies. came from the Chinese-occupied Mischief Reef in the disputed Systematic violations of human rights ended with the collapse Spratly Islands, and then cruised into Philippine waters on their of the Marcos dictatorship, but the restoration of democracy did way back to China as part of a regular shifting of forces, he said. not end murders, disappearances, and cases of torture attributed Flag-Officer-in-Command Vice Admiral Alexander Pama said

The Philippines continues to be ranked among the top 5 worst countries in terms of impunity in rights abuses.

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ASEAN wants to meet as a block, while China is insisting on bilateral negotiations.

the Navy will boost its equipment in the West Philippine Sea (South China Sea) to protect Philippine territory. Meanwhile, Mr. del Rosario said the Chinese intrusions violated a 2002 accord between China and ASEAN that discourages claimant countries to the South China Sea’s disputed Spratly Islands from taking aggressive steps that could ignite tension or confrontations. It inspires hope that ASEAN leaders have reaffirmed their commitment to peace and cooperation, and are drawing up measures to thwart threats to security and stability in the region. The grouping has called for the peaceful resolution of territorial disputes in the Spratlys within the context of international law. The stand of turning the dispute into a multilateral issue goes against the position of China, which is claiming the entire South China Sea as part of its territory. ASEAN wants to meet as a block, while China is insisting on bilateral negotiations with each country. The dispute affects all countries in the region and covers areas that are considered international waters. The international sea lanes are used freely by commercial and naval vessels of all nations and must remain as such. ASEAN should push through with multilateral initiatives to settle overlapping territorial claims in the region peacefully and within international laws.

Philippine Alert January 2012