by ERNESTO T. SOLIDUM
The Kapihan Sa Aklan further discussed the impeachment trial of CJ Corona on Saturday, February 4. They are (l to r) Jun Prado, Ernesto Solidum with the guest resource persons Atty. Romeo Inocencio, Atty. Fruidice Cudiamat, former RTC Judge Niovady Marin, and Mr. Odon Bandiola, moderator.
The weekly Kapihan on February 4, 2012 continued its second edition of “Insights on CJ Impeachment” at Smoke-hauz Resto & Bar. The guests are Atty. Ronquillo C. Tolentino, Atty. Romeo P. Inocencio former RTC Judge Niovady Marin, and Atty. Fruidice Cudiamat. All four are members of the Integrated Bar of the Philippines, and active law practitioners.
Atty. Tolentino paved the way for a clear understanding of the nature of impeachment by citing Article 11, Sec. 2 of the Constitution. An impeachable offense can be filed on grounds of betrayal of public trust, graft and corruption and high crimes like treason. The Senator Judges formulate a set of rules, determine the specific charges and evaluate relevance and validity of evidences. Tolentino said, “ours is a government of laws and that a person charged in court is presumed innocent unless proven otherwise.
Atty. Inocencio is intimidated by the awesome power of the President of the Philippines to influence the outcome of the impeachment for political ends. He cautioned that if decision is not based on substantial evidence, then there may be weakening of the same co-equal branch of government like the judiciary.
Inocencio argued that the Article of Impeachment No. 2 is fatally defective. Now on its third week, the nature of litigation could not be ascertained whether criminal, civil, or administrative. The statement of Assets, Liabilities and Net worth (SALN) of CJ Renato Corona cannot be evaluated as evidence because of the absence of rules. Nonetheless, conviction must be based on overwhelming evidence. Specifically, if case is criminal, the degree of evidence must be serious to be beyond reasonable doubt.
Atty. Cudiamat said that the impeachment is a test case of this important provision of the constitution. The young lady urged Senators to base their decision on evidence and not on party lines. She is dismayed over House prosecutors’ lack of preparation in the presentation of evidence and testimony of witnesses. Probably, because the majority of the prosecutors had not actively practiced for several years.
Regarding SALN of CJ Corona, his assets accumulated over the years from 2003 to 2010 do not tally with his means to acquire them. However, it should be underscored that mere omission or non-inclusion of properties in the SALN does not constitute betrayal of public trust. Except if it is done in bad faith.
Judge Marin disclosed that under the Constitution impeachment could be enacted in three ways: a) by any citizen of the Philippines, 2) by a member of Congress, and c) by one-third of the members of the House of Representatives. Prescribed protocol includes: endorsement by a member of the House (in case of citizen filer) to the Committee on Justice. Here, it is evaluated as to compliance to form and substance and compliance finally resolved before a plenary session for ratification. When completed, this goes to the Senate for trial.
Atty. Marin decries the undue haste in filing the impeachment supposedly read, discussed and signed by 188 congressmen in a span of three hours. There was no preliminary trial or conference to discuss the merits involved, appreciation of documents and names of witnesses to be presented. This omission led to a litany of errors in the fervent search for truth and justice.
It cannot be gainsaid that current impeachment is adversarial in nature where plaintiff and dependant literally lock horns in combat to determine who is the strongest. In this specific case, the prosecution wants a lengthy litigation (with proposed 100 witnesses) while the dependant wants to shorten it.
On the filing of SALN, this is normally done by all public officials every April of each year. There is nothing in there that a misdeclaration of an asset(s) constitute a criminal, civil or administrative offense.
The bureaucrats now see the shortcoming or loopholes governing the filing of SALN and requiring its full disclosure. Decisions of Supreme Court in previous cases cite three elements namely: truthfulness, accuracy, and timeliness. This is the reason why the Civil Service Commission is fast tracking a doormat that considers above three elements. When SALN is notarized and publicly disclosed, this automatically becomes legitimate basis for citing an illegal practice construed as graft and corruption under RA 6713 or Code of Conduct and Ethical Standard for Public Officials or Anti Graft and Corrupt Practices Act.
While Article 3 is not fully taken up by the Impeachment court, SALN controversy is precisely its grit or substance. Since the Senate formulated the rules of impeachment its application should rather be liberal and not constricted so truth could be properly secured.
Article 11, Sec. 1 of the Constitution states that public office is a public trust. Public officials are enjoined to live within their means.
Justices and judges should not accept gifts, donations, discounts, loans and gratuity given in the expectancy of getting something in return. In this connection, DBM has issued a policy against acceptance of gifts by public officials according to prosecution spokesman Quimbo. New Code of Judicial Conduct is stricter when it comes to judges said Malacañang Spokesman Abigail Valte.
This is a landmark case involving a Supreme Court Justice where his SALN is under intense scrutiny not only by the Impeachment Court but by the Filipino people. By all means he must either be convicted or acquitted based on overwhelming evidence and the rule of law. The most intriguing aspect is if Chief Justice Corona is acquitted because of a defective Articles of Impeachment, Congress has still the option to file another round of impeachment against him by next year. A tarnished and bruised Supreme Court Justice can be crippled by the overdrawn battle and becomes ineffective as leader of the August chamber. This is not conducive for the nation’s unity, stability and well being /MP
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