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Day 26 Corona trial highlights: Prosecution lawyer cited for contempt
Wasted time
- Senator-judge Alan Peter Cayetano shared his legal research in relation to immunity of Supreme Court (SC) justices, urging the Senate to discuss further the SC resolution barring employees from testifying and releasing documents.
- Senator-judge Pia Cayetano scolded the House prosecution panel for “wasting” the impeachment court’s time because they failed to get testimony to show that the SC had extended its office hours to allow former President Gloria Macapagal Arroyo to comply with the cash bond required by the SC’s temporary restraining order.
- Presiding officer and Senate President Juan Ponce Enrile warned both the defense and prosecution panels against claiming victory in the yet to be concluded impeachment trial of Chief Justice Renato Corona. Enrile stressed not even those who “practiced law extensively” can yet be sure of the outcome of this case, adding that everyone should “wait for the completion of the entire trial until a judgment can be pronounced.”
- Lead defense counsel Serafin Cuevas conducted the cross-examination of ABS-CBN cameraman Danny Piedad, who recounted how he was told to cover the Arroyo couple’s blocked attempt to travel at the Ninoy Aquino International Airport.
- Miriam subjects prosecutors to more tongue-lashing
- Senator-judge Miriam Defensor-Santiago criticized the prosecutors for allegedly bragging about their “victory” despite dropping five articles of impeachment against Corona, emphasizing her disdain with a “Waaah!” (and making sure that the Senate records reflect this). She lamented that the prosecution was “misleading the court” and “in very bad faith all along,” insinuating that some members were “very fond of the occult arts.”
- Santiago stressed that only the impeachment court can decide on who would win the case and faulted the prosecution for conducting a “trial by publicity.” She said those in the prosecution panel who were bragging about the strength of the impeachment case were idiots or “gago.” Upon motion of House deputy lead prosecutor Rep. Rodolfo Fariñas later in the trial, the word “gago” was expunged from the records of the Senate.
- Santiago then lashed out at a University of the Philippines (UP) student survey showing Corona no longer enjoyed the trust of many of the UP students. She said those behind the survey should be “kicked out immediately” for “playing games” as regards the impeachment trial.
- House lead prosecutor Rep. Niel Tupas Jr. announced that his panel would no longer try to get SC Associate Justice Maria Lourdes Sereno to testify and that the prosecution would be resting its case “with reservation.”
- But Senator-judge Francis Escudero pointed out that dropping five articles of impeachment “constitutes an amendment of the complaint” and asked whether the entire House of Representatives had been consulted first by the prosecution panel. Tupas said that although there had been “no formal consultation with the 188 signatories” of the impeachment complaint, the panel had spoken with the Speaker of the House.
- Defense counsel Roy said that the defense would still present evidence on the five articles on impeachment even if the prosecution drops them, pointing out that they will then ask the Impeachment Court to rule on those articles and acquit Corona on those charges.
- After Tupas asked for two days to make a formal offer of evidence, Santiago countered with “Are you kidding us?” and a “Waah Part Two.” She said that resting one’s case meant that one is done and there can be no reservations, adding that the prosecutors’ “brains are very, very dark."
- But the presiding officer gave the prosecution until March 2 to file their formal offer of evidence, and the defense panel five days in which to file their objections.
- Senator-judge Jinggoy Estrada asked who was the private prosecutor covering his ears while Santiago was castigating the prosecution for withdrawing the remaining Articles of Impeachment. Estrada took that as a sign of disrespect.
- The lawyer was identified as Vitaliano Aguirre II, who admitted that he tried to block the voice of Santiago by placing his hands on his ears because he was “hurt” by her statements.
- What Santiago was saying about the non-existence of withdrawals of charges was not true, because such was common court practice, Aguirre said, adding that it was the first time in his 40 years of practice that he had to put up with a judge lecturing the lawyers in open court.
- Asked by Estrada why he had not objected to what Santiago was saying, Aguirre replied he cannot object to a senator-judge.
- At this point, Santiago moved that Aguirre be cited in contempt and told him he should have walked out of the courtroom if he did not want to listen to what she was saying. Aguirre answered back by saying that he would indeed walk out.
- Even though Santiago was a senator-judge, Aguirre said she should also respect the prosecutors from whom she demanded respect.
- Enrile appealed to everyone to remain calm and suspended the session. Aguirre was escorted out of the Senate session hall and was brought to the prosecution room.
- Upon resumption of session, Senator-judge Pia Cayetano seconded Santiago’s motion to cite Aguirre for contempt. Cayetano read out the rules which states that those held in contempt face 10 days in jail or pay a P2,000 fine.
- House deputy lead prosecutor Rep. Fariñas apologized for the private prosecutor’s actions. Enrile said that although the apology was accepted, the Senate would still cite Aguirre in contempt for “his disrespect of this court.” The Senate would discuss in caucus what penalty to impose on the lawyer.
- The trial was adjourned and set to resume on March 12.
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