13 POLITICAL 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 Juan Ponce Enrile, 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 by the 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. Philippine Alert January 2012 14 POLITICAL 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 Rosalinda Baldoz, 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 Edwin Lacierda 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 Joseph Estrada 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.