Cuevas: Some acting not only as judges but as private prosecutors

In an apparent swipe against some senator-judges, lead defense counsel Serafin Cuevas on Tuesday claimed that some members of the impeachment court seemed to be acting beyond their duty as judges.

 

Cuevas' statement came after Sen. Franklin Drilon called Bank of the Philippine Islands (BPI) Ayala branch manager Leonora Dizon back to the witness stand. It also came a day after Corona's camp accused five senator-judges, including Drilon, as being pro-prosecution — Serge Osmeña III, Francis Pangilinan, Alan Peter Cayetano and Teofisto Guingona III.   

 

Last week, Dizon testified that Corona has a checking account with their bank with an ending balance of around P12 million as of 2010.

 

When Drilon trial started inquiring on Tuesday about monthly transactions of Corona's BPI account, Cuevas objected. The lead counsel for the defense argued that there was no request, formal manifestation, or motion for Dizon's recall.

 

"They are not merely acting as judges. They are practically apearing to us as private prosecutors," Cuevas told the court.

 

"What will be our remedy if judge-senators proceed to ask questions which to us are objectionable... We cannot just go to the SC [Supreme Court] [and contest these questions which] to our mind is very irregular," he added.

 

Presiding Judge and Senate President Enrile insisted that "acording to the rules, it is the prerogative" of senator-judges to recall a witness to the stand.

 

"I don't know what is in the minds of this member of the Senate in requesting the recall of the witness," Enrile said.

 

The prosecution said the defense had earlier agreed to personally and jointly with the prosecution check Corona's bank records. But Cuevas said they later withdrew their position on checking Corona's BPI account.

 

"We have chosen to withdraw and we cannot be compelled by the prosecution much less by a single senator-judge to do whatever is not in accordance to our postulation and articulation," Cuevas said.