Corona’s counsel questions House move to get private lawyers

The lead lawyer of Chief Justice Renato Corona’s defense panel for the impeachment trial questioned on Wednesday the House of Representatives’ move to get private lawyers to assist lawmakers who will act as public prosecutors.

 

Retired Associate Justice Serafin Cuevas, Corona’s lead counsel, said that under the House rules on impeachment, the 11-member House prosecution team shall serve as the “sole prosecutor” for the impeachment trial at the Senate.

 

“Sinasabi nila na preparado sila, na magagaling sila. Bakit nangangailangan pa ng private prosecutors?” Cuevas said in an interview over GMA News’ “Unang Hirit.”

 

He particularly cited Rule VI, Section 15 of the House rules of procedure in impeachment proceedings, which states that: “The House of Representatives shall act as the sole prosecutor at the trial in the Senate through a committee of eleven members thereof to be elected by a majority vote.”

 

Cuevas, who also part of the former President Joseph Estrada’s defense team in his impeachment trial in 2000, said the House cannot use past impeachment trials as a justification in hiring private prosecutors since these past proceedings were never finished.

 

“They are citing that as jurisprudence of precedent. How can that be when that was not terminated? Hindi naman iyan natuloy,” said Cuevas, who also served as Justice chief during Estrada's short-lived administration.

 

Estrada’s trial was cut short in 2001 when private prosecutors walked out of the proceedings when majority of the senator-judges then voted not to open the second envelop purportedly containing damning evidence against Estrada.  Estrada was subsequently forced to relinquish his seat when the military leadership withdrew its support from him, catapulting then Vice President Gloria Macapagal-Arroyo to the presidency. Last year, the impeachment trial of former Ombudsman Merceditas Gutierrez was also aborted after she resigned from her post.

 

Senate allows private lawyers

 

Iloilo Rep. Niel Tupas Jr., lead public prosecutor, however, noted that the Senate impeachment rules allow the House to hire private lawyers to assist their team.

 

“Siguro hindi lang nabasa ni Justice Cuevas na mayroong Senate impeachment trial rules. Nakalagay sa rules ng Senado na allowed iyong private counsel under the control and supervision of the panel of the prosecutors,” Tupas said in a separate television interview.

 

He added that Corona’s defense panel should not use technicalities to impede the impeachment trial of the chief justice.

 

“Kung handa sila, umpisahan na natin ang impeachment at huwag na tayo magtago pa sa teknikalidad,” he said.

 

Last month, the House prosecution team announced that it has chosen lawyer Mario Bautista as chief private prosecutor. He was the same lawyer who presented star witness Clarissa Ocampo during the Estrada impeachment trial more than a decade ago.

 

Tupas also said on Tuesday that 10 private law firms have already volunteered to help the public prosecutors to gather evidence against Corona.

 

Corona’s impeachment trial at the Senate is scheduled to start of January 16. The chief justice is being accused of betrayal of public trust, culpable violation of the Constitution and graft and corruption. — Andreo Calonzo/RSJ, GMA News