Miriam eyes reducing number of witnesses in Corona trial
To prevent the impeachment trial of Chief Justice Renato Corona from dragging too long, a senator-judge may move for cutting down the number of witnesses to be presented at the hearings.
Senator Miriam Defensor-Santiago said Sunday she may ask both the prosecution and the defense to resubmit a list of their witnesses and indicate who their corroborating witnesses are.
“Una kong gagawin sa Lunes, tatanungin ko ang dalawang abogado ng dalawang panig na mag-submit sila ng panibago. Kung nag-submit ng unang listahan ng testigo, mag-submit ng panibago at isulat kung corroborative ang witness para maintindihan namin,” she said in an interview on dzBB radio.
Santiago said the list of at least 90 witnesses may threaten to have the trial hearing drag on for months, as one witness may take more than a day to examine. She pointed out that Bureau of Internal Revenue Commissioner Kim Henares, a witness for the prosecution, had been questioned for two days last week.
“Kailangan maintindihan ng impeachment court, ng senador at publiko, na sa ating Rules of Court may batas na kaya ng korte ihinto ang pagbigay o paglabas ng testigo,” added Santiago, a lawyer.
Under Section 6 of the Rules of Court, the court has the power to stop further evidence.
“The court may stop the introduction of further testimony upon any particular point when the evidence upon it is already so full that more witnesses to the same point cannot be reasonably expected to be additionally persuasive. But this power should be exercised with caution,” it said.
Santiago also pointed out that it is not in the number of witnesses but in their testimonies that cases can be made. She said the preponderance of evidence is “not necessarily with the greater number,” adding that “the witnesses should not be numbered but should be weighed.”
“Hindi kailangan damihan nang damihan ang testigo kung naka-testify ang isa sa isang bagay... kung corroborative witness ka isa lang hindi 10 na pare-pareho ang sinasabi nila,” she said.
Santiago, a former trial court judge, said the greatest number of witnesses in a single case she had handled had been 50. But in most cases, she said each side normally presents not more than 10 witnesses.
Carpio vs Corona
Santiago, meanwhile, declined to comment on reports that one of the witnesses to be called by the prosecution is Supreme Court justice Antonio Carpio, allegedly Corona’s rival for the top high court post.
She would only say the defense can object to Carpio’s testimony “then probably invoke a confidentiality rule,” or file a “motion to quash the subpoena.”
“The defense will have to be given a chance to object to every single witness, kaya pwede rin gumawa ng general objection with respect to all justices,” she said.
Also, she said she sees no conflict if the Senate subpoenas court justices, as the 1987 Constitution grants the Senate the power to try impeachment cases.
Media
As for media personalities to be summoned to testify, Santiago said the court does not have the power to compel them to reveal their sources.
She said that while media personalities can be asked to testify on what they personally witnessed, there is virtually “no point to call in a media person kung ang balak tatanungin saan galing ang balita mo.” — KBK, GMA News
Senator Miriam Defensor-Santiago said Sunday she may ask both the prosecution and the defense to resubmit a list of their witnesses and indicate who their corroborating witnesses are.
“Una kong gagawin sa Lunes, tatanungin ko ang dalawang abogado ng dalawang panig na mag-submit sila ng panibago. Kung nag-submit ng unang listahan ng testigo, mag-submit ng panibago at isulat kung corroborative ang witness para maintindihan namin,” she said in an interview on dzBB radio.
Santiago said the list of at least 90 witnesses may threaten to have the trial hearing drag on for months, as one witness may take more than a day to examine. She pointed out that Bureau of Internal Revenue Commissioner Kim Henares, a witness for the prosecution, had been questioned for two days last week.
“Kailangan maintindihan ng impeachment court, ng senador at publiko, na sa ating Rules of Court may batas na kaya ng korte ihinto ang pagbigay o paglabas ng testigo,” added Santiago, a lawyer.
Under Section 6 of the Rules of Court, the court has the power to stop further evidence.
“The court may stop the introduction of further testimony upon any particular point when the evidence upon it is already so full that more witnesses to the same point cannot be reasonably expected to be additionally persuasive. But this power should be exercised with caution,” it said.
Santiago also pointed out that it is not in the number of witnesses but in their testimonies that cases can be made. She said the preponderance of evidence is “not necessarily with the greater number,” adding that “the witnesses should not be numbered but should be weighed.”
“Hindi kailangan damihan nang damihan ang testigo kung naka-testify ang isa sa isang bagay... kung corroborative witness ka isa lang hindi 10 na pare-pareho ang sinasabi nila,” she said.
Santiago, a former trial court judge, said the greatest number of witnesses in a single case she had handled had been 50. But in most cases, she said each side normally presents not more than 10 witnesses.
Carpio vs Corona
Santiago, meanwhile, declined to comment on reports that one of the witnesses to be called by the prosecution is Supreme Court justice Antonio Carpio, allegedly Corona’s rival for the top high court post.
She would only say the defense can object to Carpio’s testimony “then probably invoke a confidentiality rule,” or file a “motion to quash the subpoena.”
“The defense will have to be given a chance to object to every single witness, kaya pwede rin gumawa ng general objection with respect to all justices,” she said.
Also, she said she sees no conflict if the Senate subpoenas court justices, as the 1987 Constitution grants the Senate the power to try impeachment cases.
Media
As for media personalities to be summoned to testify, Santiago said the court does not have the power to compel them to reveal their sources.
She said that while media personalities can be asked to testify on what they personally witnessed, there is virtually “no point to call in a media person kung ang balak tatanungin saan galing ang balita mo.” — KBK, GMA News
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