Enrile nixes impeachment mistrial

By KIMBERLY JANE TAN, GMA News

Published February 15, 2012 1:27pm

(Updated 3:40 p.m.) Senate President Juan Ponce Enrile on Wednesday dismissed any possibility of the Senate, sitting as the impeachment court, declaring a mistrial in the impeachment proceedings of Chief Justice Renato Corona. "Walang mistrial sa impeachment. Malayo [mangyari yan]," Enrile, the presiding officer, told reporters during an interview. He issued the statement after Corona filed a supplementary petition asking the Supreme Court to stop the impeachment trial, saying that five senator-judges have shown partiality toward the prosecution. On Tuesday, Senator Sergio Osmeña III, one of the senators named by Corona to be partial toward the prosecution, said that the defense team is laying the grounds to call for a mistrial. The other senators named in the petition were Franklin Drilon, Francis Pangilinan, Alan Peter Cayetano, and Teofisto Guingona III. Enrile, however, said that this should not be made basis to stop the trial. "Nasa kanila [defense] ‘yun... hindi problema ng Senado 'yun," he said. "Saan sila nakakita ng mistrial [sa impeachment]? Mag-aral muna sila ng rules of procedure."

Alleged bias

On Sunday, the defense team accused Executive Secretary Paquito Ochoa Jr. of urging senator-judges not to honor the Supreme Court order stopping them from examining Corona's dollar accounts.

Jose Roy, one of the defense lawyers, said Malacañang is even allotting P100 million for the "soft" projects of each senator-judge from the government's savings.

Ochoa and several senators have since denied the accusation.

The Senate, meanwhile, ordered the defense team to explain in writing before the end of the week why they should not be cited for contempt for the allegation.

On Tuesday, however, Corona’s lead counsel, former Associate Justice Serafin Cuevas, filed a supplemental petition with the high court accusing five senators of being partial against the chief justice.

Drilon just shrugged off the petition. "Iyan ay perception ni Justice Cuevas. I would be disappointed if his perception is otherwise. That is expected of him. Siya po ang abogado ni CJ Corona, lahat po ay sasabihin niya to the defense of his client."

On the other hand, Cayetano's office in a statement released Wednesday said that the senator was not "clearly and categorically" included as one of the senator-judges who are allied with President Benigno Aquino III nor allied with Drilon in aiding the prosecution.

They likewise said that Cayetano's name was only mentioned as one of those who made a manifestation which paved the way for Supreme Court clerk of court Atty. Enriqueta Vidal to produce the Statement of Assets, Liabilities, and Net Worth (SALN) of Corona.

"He takes his oath as a senator-judge very seriously-to do impartial justice and become politically neutral in his undertaking of trying and deciding on the impeachment trial of CJ Corona. He will base his decision on the evidence presented, in accordance with the Constitution and the quest for truth," they said.

Cayetano has also repeatedly said that when it is the defense's turn to present evidence, he will be just as helpful.

Trial to push through

Meanwhile, Enrile said that although he believes none of the two camps would withdraw their case, he said they would still go through with the trial should this happen.

"Kung mag-walkout sila, ganun pa rin, pagpapasyahan namin based on the evidence on record. We [will] proceed [with] the trial all the way to the conclusion," he said.

But he noted that once the impeachment court decides, that is the final decision.

"Pag sinabi mong guilty, guilty. Walang appeal. Pag sinabi mong not guilty, wala ring appeal," he said.

He added that not even the SC can prevent them from going through with the trial and eventually deciding Corona's fate.

"The trial [and] decision sa impeachment, hindi nila pwedeng pigilin yun," he said. — KBK/RSJ, GMA News

Tags: coronaimpeachment, juanponceenrile