By Raïssa Robles
As Defense lawyer Serafin Cuevas mightily tried to have the Senate toss out the impeachment case yesterday against Chief Justice Renato Corona, Senator-judge Joker Arroyo told him in no uncertain terms that the Senate could not do it.
Calling him “Justice Cuevas, my friend,” Arroyo gently said it wasn’t possible.
Before I go any further, I would like to explain to the reader that for this article, I am trying a different tack. I am writing this while watching the resumption of Chief Justice Renato Corona’s impeachment trial on ABS-CBN’s livestream.
Senator-judges argue with Cuevas
Since the hearing started over 1.5 hours ago, Cuevas has been pulling out all the stops to have the entire impeachment case thrown out because this violated his client’s constitutional right to due process.
Cuevas has been arguing with one senator-judge after another, beginning with the Presiding Officer Juan Ponce Enrile. Next came Senator-Judges Allan Peter Cayetano, Francis Escudero and Miriam Defensor-Santiago. They all patiently explained to Cuevas their opinions as Cuevas continued to argue with all of them, one after the other.
Only Senator-Judge Franklin Drilon became testy when Cuevas butted in while he was speaking. “I take exception,” Drilon told him. “I am still speaking. Do not interrupt me.”
Then Senator-Judge Arroyo stood up. But instead of siding with the defense as he was wont to do while the prosecution was presenting its own evidence, Arroyo this time asked Cuevas a direct question – whether he was trying to toss out a particular Article of the Impeachment Complaint or ALL the Articles.
Cuevas frankly told Senator-Judge Arroyo:
To us it will appear there is no valid complaint because the complaint is not in accordance to what the Constitution requires – the right of the accused to due process.
Senator-Judge Joker Arroyo then told Cuevas –
After seven weeks and 27 days we are now going to decide it on practically the arguments you stated.
Then Senator-Judge Arroyo raised his own participation as a member of the prosecution panel in the 2000-2001 impeachment trial of then President Joseph Estrada. He said:
But I was in the prosecution case of President Estrada (when) the same issue arose. The defense and all (argued the same)…. Our argument (then) is that a House impeaches. This Senate hears and decides.
What the House transmits to the Senate – faults and all, everything – will have to be accepted by the Senate because the Senate cannot direct the House how to make an impeachment complaint.
Because the Constitution says the House impeaches, the Senate decides.
I’m thinking about the ultimate end of this goal. You are asking us to in effect pass judgment on what the House did. The defense is asking the Senate to decide and say the House is wrong. The House did this and did that. Can we do it as the Senate?
Just like the Estrada trial, defects and all, it was accepted that was the argument.
In fact, let me ask just a little while.
Senator-Judge Joker Arroyo then turned to the prosecution panel represented this time by Congressman Rodolfo Fariñas. Arroyo asked Fariñas:
Prosecution, do you have any objection to what the congressmen will be presented here? This is what Sen. Escudero who spoke before me wanted to ask and asked me to ask.
Fariñas replied:
We have an objection. The House has the exclusive power to initiate all cases of impeachment.
Senator-Judge Joker Arroyo turned again to Cuevas and told him in a gentle voice –
Justice Cuevas, my friend. That is the only question we have. You are asking the Senate in effect to nullify what the House did.
Cuevas then argued, saying –
We did that your honor, we have predicated our action on the decision of the Supreme Court. We can raise the violation of the House to due process.
But Senator-judge Joker Arroyo told him –
Yes, but the Davide case never reached the Senate. [Arroyo was referring to the impeachment complaint against Chief Justice Hilario Davide which was quashed in the House.]
Cuevas told Senator-Judge Joker Arroyo he was referring to the Francisco case. [This was a petition filed by lawyer Ernesto Francisco asking the Supreme Court to declare the impeachment complaint against Davide unconstitutional.]
But Arroyo reminded Cuevas that “it (the Davide impeachment complaint) never reached the Senate but died in the House.
But in Corona’s case, Arroyo said, “the Senate has already acquired jurisdiction.” Arroyo then told Cuevas that the defense lawyers had all of Christmas break to try to quash the Corona impeachment before the Senate began the trial in January.
But Cuevas said:
There was no time to react. It was a blitzkrieg action.
Following Senator-Judge Joker Arroyo’s questioning, fellow Senator-Judge Aquilino “Koko” Pimentel III also stood up and asked:
So you are pursuing that issue before the Supreme Court and you are pursuing it before this court?
“That is correct,” Cuevas said.
Then Senator-Judge Pimentel said –
Although it’s a basic doctrine, it’s the Supreme Court that interprets the Constitution, the House and Senate are not prevented from interpreting the Constitution. Hence in my humble opinion, the Senate CAN interpret the Constitution. Just as the Supreme Court can interpret. Just as the Supreme Court interprets the Constitution, the Senate can also interpret the Constitution.
After Pimentel spoke, Senator-Judge Francis Pangilinan again asked Cuevas which portion of the impeachment complaint would be affected by their motion to dismiss.
Cuevas replied:
It will cover the entirety of this impeachment complaint.
Finally, after two hours of arguments, Presiding Officer Enrile stepped in and announced his ruling. Enrile said:
Under the Constitution, the sole power to try and decide all impeachment cases belong to this court. Only this court has the jurisdiction. The Supreme Court has no jurisdiction to try and decide all impeachment cases. Once the articles of the impeachment reaches this House, the command of the Constitution is the trial shall forthwith proceed.
Due process is not only the function of the House of Representatives. Due process is also the function of this house.
The facts of this case are that the Articles of Impeachment were referred to the Senate by the House, 188 members of the House filed the Articles of Impeachment to this house. The main complainants in that impeachment case are Representatives Niel Tupas, Joseph Emilio Abaya, Lorenzo R Tanada IIII, Reynaldo V. Umali, Arlene J. Baggao.
When this Senate, sitting as an Impeachment Court, received the Articles of Impeachment, it issued the proper process to notify…to the existence of these Articles of Impeachment against him (Corona) and requested and ordered the respondent to answer within 10 days. Which respondent Chief Justice did.
And a reply was equally filed by the prosecution with respect to the answer filed by the respondent Chief Justice, at least this Court has followed the principle of due process in a case like this.
And so, having made the ruling, the Court has assumed jurisdiction.
Knowing it has jurisdiction, proceed with the trial. As much as we want to accommodate the desire of the defense, this Court regrets to deny the desire of the defense. So you proceed with your evidence.
What just happened to the Senator-judges?
The senators have actually made a ruling that will have an impact on ALL future impeachment trials.
First, this means that in future impeachment complaints, the person being impeached can no longer question the manner by which the House of Representatives approves an impeachment complaint. The moment the magic number – of one-third signatories – is reached, the complaint is deemed verified and can automatically be transmitted to the Senate.
And second, the trial itself by the Senate is part of due process being accorded to the impeached personality. The respondent in an impeachment trial can no longer cry “lack of due process” even if Congress impeaches in lightning fashion, as what Cuevas complained today.
It’s a historic ruling and one that should serve notice to all impeachable state officials to be accountable for their actions.
As for the testimony of Congressman Toby Tiangco that followed Enrile’s ruling, it served as the day’s comic relief. It was the first time a congressman disclosed the intense wheeling and dealing that goes on in Congress whenever an important matter is taken up. He even giggled.
jumbo pascual says
Lets not get carried away by the Joker’s seemingly support to prosecutors. He just stated some arguments which are already obvious. The defense is just playing its usual game of technicality and on this particular issue of even Lito Lapid would have been qualified to say “bakit po ba bumabalik tayo sa pag-aakala na mali ang ginawa ng mga kongresmen, eh tinanggap na natin ang impeachment at nililitis na natin ng dalawang buwan”. What I suspect is we are just witnessing a drama between friends Cuevas and Joker, making a little spectacle for everyone to see that the Joker afterall is still undecided on this impeachment. I think we all know which side this Joker will lean, so really everything is a joke to me.
The defense side is really given special treatment in the hearing. The joker himself called Cuevas his friend, is this really allowed. There are lots of judges who are friends of trial lawyers but never I think will a judge call the attorney his friend inside the courtroom. During an argument with Senator Drillon, Cuevas just said “go ahead” without the usual “go ahead your honor”. All the while Senator Mirriam the TERRIBLE just kept quiet. Had it been the prosecutor who had uttered merely “go ahead” to the judge, Mirriam would have been quick to cite the prosecutor for disrespect.
Lets not forget that money could still change hands here and Corona together with GMA has unlimited resources.
john c. jacinto says
that’s true. let’s not fall into joker’s joke. we might still be in for a big surprise from this joker.
Mel Vergara says
slowly but surely, the defense is proving that the Corona family can very well justify their worldly possessions. how about that?
johnny lin says
@Mel Vergara
You watched the trial, You did not understand what you watched. How doofus?
Marikina subdivided lot bought by Vicente was INHERITANCE of Mrs Corona from her parents. CORONAS DID NOT BUY THE LOT.
The money received by Corona from SC was questionable income because he did not present receipts on how he spent the money. Dude, NILOKO NI CORONA ANG GOBYERNO, if you did not understand in English what they were discussing about.
Magaral ka muna para matuto ka, he he he
jonny ling says
Actually, mukhang ikaw ang hindi nakikinig at hindi si Mel Vergara. Ang sabi ng SC witness na si Bayuga and as reported by the Inquirer, “…In cash binibigay po namin sa kanila (We give them in cash),” referring to the allowances. Sa kanila therefore refers to all SC justices including Corona’s predecessrs.
Bayuga’s testimony also implies and suggests hat the cash gifts and allowances are legal and if you’re going to ask Corona for receipts, you might as well ask all SC justices or for that matter, the Senators and even other high government officials all the way up to the president, past and present, for it.
If that’s the case, then why should Corona be punished for something that has been pretty much SOP in the judiciary and possibly in all of government for years. Hindi ka ba nagtataka kung bakit maraming senador ang nanahimik sa sinabing yun ni Bayuga? Even Recto pointed out that “under the law fringe benefits were not subject to tax.”
Basahin mo ito:
http://newsinfo.inquirer.net/161419/corona-salaries-perks-for-10-years-probed
Pepe Enpilar says
@LING
Dar Ling, masakit bang harapin ang totoo? Tinamaan ka sa sinabi ni pareng J.Hehehe
Lugmok sa korapsyon, pikit sa sitwasyon, bangag ang mga rason. He hehehe
another bangag na aso defending their Santong kabayo. Booh!
takbo sa Supreme Court, bantay,takbo.hehehe
johnny lin says
Kaya nga corrupt sila lahat, ayaw magbigay ng receipts Talaga lahat ng justice imbestigahan sa ayaw magbigay ng receipts. Una lamang si Corona, thief justice kasi. Binasa mo yung cash joke ko sa mga justices, he he he
Matagal ng corrupt senador enrile kaya president siya, he he he
Pakawala ka ni Corona at Cuevas, utos sa iyo gayain pa pangalan ko kasi binubuko parati taktika nila, galit sa kin, he he he
percy1007 says
Jonny, hindi porke SOP tama, legal at moral na. It does not make it right even if practice for a long time. Nagkataon lang na si Corona nakasalang sa senate court.
Same with paglagay sa pulis if nahuli ka. Matagal na ito practice ng maraming pinoy.
Tama ba na magtuloy ito kasi sop na?
Agree ka ba sa employee na may representation allowance na sabihin kumain ako sa hotel at certify ko pero no receipt to confirm? Ang BIR lahat ng business related xpenses binubusisi at di payag sa certification lang, kung hindi disallowed
Bangag na aso says
CORONA AND COMPANY-SANTONG KABAYO SINASAMBA NG MGA BANGAG NA ASO
@melvergara
mare, nakinig kalang sa pr ni atty salvador,
tama ka.. they are proving it pero at their expense, they are proving the prosecution points, ireplay mo yung video ng trial on this point para maiintindihan mo…heheehe
para kang bangag na aso-tatahol na hindi naintindihan kung bakit..
sa mga taga sunod ni Corona, ang iniidolo niyo talagang santong kabayo
pinaliligiran ng nga banga na aso…
sam says
Press Con ng Prosecutor
Vicente was fetch by a supreme court vehicle papuntang senate daw
aces high says
It was caught on tv and was replayed several times on solar where mr. vicente was riding in a toyota camry with government plate w/a driver after testifying. the car was later traced to the supreme court. this is how the drama is unfolding, ang kapal talaga ng mukha ni tj corona pati resources ng gobyerno ginagamit sa depensa niya.
Anton Mendoza says
http://www.rappler.com/newsbreak/2429-corona-lied-about-academic-honors#.T2BK94dWiIk.twitter
Anton Mendoza says
Gusto kong magmura ng magmura!!!Sobra na talaga ang kasinungalingan ng taong ito.
Baltazar says
Har har har har!
I immediately remembered the true-blue Pinoy music Banal na aso, Santong Kabayo
Relax Bro Anton, bagsak na ang Bataan :P . Ang tanong, papaano pa kaya maibabangon ni Cuevas ang kliyente nya na harap harapan sa publiko kung mag sinungaling?
His modified track record speaks of the kind of Chief Justice the Philippines has hence the flip flopping . There were even times in the past where the couple was seen on TV practically crying a river after a novena mass(?) They might have sniffed that Rappler is already looking into the veracity of his scholastic record so they changed it recently. SC website administration cannot be blamed on this incident. Corona was already boasting about his academic achievements even in the 90’s . A congenital liar he really is – in Tagalog.. ipinanganak na sinungaling
baycas says
@Baltazar,
Do you mean to say that, upon birth, he falsified his cry when he was “slapped on the buttocks“???
J.A. says
LOL..
christian bernard says
LOL! LOL! LOL!……nice spanking there. I heard his crying WAAH…WAAH….WAAH.. Miriam said: SHUT UP! you SOB! you’re getting to my nerves! It’s my line so don’t steal it.
davide says
Nice, very very true
johnny lin says
He faked it, supposed to sound like a crying wolf, made it sound like a baby
Baltazar, mate, could you uplaod that link on Inquirer pic of Vicente. I did not see it.
Thanks
baycas says
http://www.inquirer.net/?page-one=march-14-2012
johnny lin says
Thanks buddy
johnny lin says
@baycas
Pic uncalled. This proves we the netizens are fair and compassionate. We denounced what is wrong. No longer hope, decency is rejuvenating.
ESPN had same experience with their guy putting face of Jeremy Lin between a splitting fortune cook. They apologized and fired the culprit.
Good, Inquirer apologized immediately, but should suspend culprit withoutpay for 1 week just to teach him a lesson.
Bet PDI editorial/ owner missed Isagani Yambot.
percy1007 says
In bad taste that inquirer published the picture, knowing the circumstance of Mr. Vicente.
Is this because Mr. Gani Yambot is no longer looking after the paper? I hope not.
Anton Mendoza says
LOL!
Jay says
Buti na lang hindi pa uso ang kindergarten during Corona’s time. Or else he would have claimed to be first honor. Ganun din kung “saling pusa” lang sya, wala ring diploma and honors awarded, being an unofficial student!LOL.
baycas says
SALN pusa, you mean?
Jay says
Like!
But it could be true, his SALN looks like it was prepared by a “saling pusa” in grade 1. That’s why his lawyers, having attained many degrees in college and passed the bar exam, are having a hard time explaining it. They can’t stoop down to the level of intelligence of that “saling pusa”.
Dennis Zarauz says
So there goes the old saying, ” Ang taong sinungaling ay kakambal ng magnanakaw.”
edwin w says
thief justice is really sick
hallucinating
he must be a DOCTOR
doctoring everything
ahahaha
he always want to project
he is on top of the world
ohhhhhh my
he is very very sick
tsktsktsk
it is either he is preparing his ” i am SORRY “cd
or
might do the same as the general
Bang bang bang
sam says
well if he goes on the bang bang … which of his guns will he use?
Anton Mendoza says
Bang bang bang hurts. He and the wifey will take the sleeping pills instead.
Darrel says
In fairness, may gold medal award din nmn xa… BEST IN SPELLING (PILIPINO) nga lang…
Nakakaawa naman. Lumalabas n ang lahat ng baho nya. Ika nga “mula ulo hanggang paa, marumi”
Kawawang SC, nalinlang ni CJ Corona.
J.A. says
Love this comment below.. thought I’d share it here..
Bogus credentials of a bogus Chief Justice who was appointed by a bogus president. So aside from sharing the characteristic of being ‘deceitful’, not to mention corrupt, they should now share an award, an Epic Fake Award–Corona with his credentials, GMA with her boobs. Oops!
by Luigi de Vera
Pinoyparin says
@Guy With A Blog
Agree that its unfair to mr. Vicente. anyway Inquirer already made an APOLOGY.
in my previous Post partly naniniwala ako na may katutuhanan ang pagbili niya ng lupa. but at the same time ginamit siya ng mga CORONA’S as DUMMY.
The old man is a typical Pinoy na matimbang ang dugo.
so let us give him the benefit of the doubt.
kahit sino siguro kung may pinagsamahan sa KAMAG-ANAK gagawin din
si Thief Justice Corona ang BERDUGO kahit sino gagamitin SHAME ON HIM
I pity the old man
Carmen says
Di ba parang kapareho ng istilo nila Gloria at Mike Arroyo. Ginamit ang mga kamag-anak. Pero mas grabe sila Arroyo mismong kapatid.
Jay says
Because if he doesn’t cooperate, baka palayasin sya sa lupa ni cristina, being the real owner of that lot. Or worst, baka pasabugin ang ulo nya ni corona. Which of the 31 guns in his arsenal he will use? Corona must be having a tough time choosing one….
Guy With A Blog says
Even though my stance on Corona is clear, I find the picture of Vicente posted in the front page of the Inquirer today to be distasteful and lacking professionalism. They have been accused of being very pro-PNoy, and this will only fan the flames of that accusation. In this case, I will have to register my displeasure at the Inquirer doing something like this.
davide says
Agree with you, very unprofessional
Sarah says
Agree. It was done in very poor taste. Wala ba silang mga editors?
Nathan says
Sabi nga, “if it talks like a duck, it sounds like a duck and it walks like a duck, it must be a duck”, sa kaso ni Corona, from his lawyers, spokepersons, Midas, witnesses of the defense and the Coronas themselves, either it’s too good to be true (Salary vs. acquisition), it sounds untrue, it looks fake, then it must be a lie.
Pat says
Pattern of Lies
http://www.rappler.com/newsbreak/2429-corona-lied-about-academic-honors
andrew lim says
HOT NEWS: CORONA LIED ABOUT ACADEMIC HONORS IN ATENEO
http://www.rappler.com/newsbreak/2429-corona-lied-about-academic-honors
Bolero talaga si Corona! They even altered the SC website recently to make it look consistent!
Maria says
This is highly amusing. Why lie about your Grade School & High School honors? It hardly even matters when one looks for work after graduation.
It appears that he is either very insecure about his academic proficiency or he is a compulsive liar.
rafael l. vidal says
ANO BA ITONG SI CUEVAS – ANG 3RD WITNESS NIYA AY ULYANIN NA RIN PAREHO NIYA.
How could a sane man bought 8 parcels of lots in Marikina City (7 from cristina and 1 from her sister, mirriam) for P1,018M in 1990, using his hard-earned money (kuno), and yet forgot to transfer the ownership to him until now?
This is an insult to the intelligence of the Filipino people.
HOY CUEVAS – AYUSIN MO NAMAN ANG DEPENSA NINYO
I am gonna die says
Imagine a family in which the parents are thieves and liars.
Do you really expect the children to become saints?
I simply cannot fathom how the so-called senators considered 100million bribe offer to be similar to covering ears in terms of disrespecting the court.
What a bunch of kangaroos.
No wonder this country is Asia’s basket case.
I am gonna die says
I really like the idea of testing the actual physical properties of the deed of sale.
There should be clear signs of its authenticity, such as the FONT used. 19 years ago in the Philippines, it should be a typewriter of some sort. And there must be some others.
I believe that this document was created in the last few months.
Baltazar says
That was actually the same thing that came to my mind when I saw Mang Indo’s affidavit. But when I calculated back the years, in the early 80’s dot matrix printers were already there and PCs were already being used in offices. Also during those days, depending on the budget, an office may opt for a laser printer with the quality that of Mang Indo’s affidavit. ( or maybe Mang Indo’s was just prepared using the typical electric typewriter – hence a good font and clarity). 15 years ago, A ‘primitive’ law office may still be using the old Olivetti’s and that’s where the authenticity becomes subjective. I bought a parcel of land in Mindoro almost 16 years ago, and the Deed of Absolute Sale was typewritten :P. while my house in Batangas which I bought couple of years earlier than that had the deed of sale printed in dot matrix. Paper/print forensics I think is still not in its full maturity in the Philippines hence may still be inadmissible in court.
rene-ipil says
Many have been said about the lies told by Vicente. To me, one big lie is when he said under oath that he could not yet register the purported deed of sale because he he does not have the money to pay the documentary stamp tax (DST) corresponding to the sale of Cristina’s property. To one familiar with real property transaction, it is a good reason to delay a little bit the registration of the acquired property in the buyer’s name because of the amount involved. In the present case, it would be about 15T. Unlike the capital gains tax (CGT) which is usually paid by the seller, the DST is usually paid by the buyer unless the seller undertakes to pay it also. In the present case, the defense wanted to convey that Vicente, as the buyer, could not afford to pay the DST. Thus, the delay in the registration of the deed of sale.
In the cross examination, Atty. Justiniano confronted Vicente of his lie and showed him a document showing that both the CGT and DST were already paid. Vicente changed his tune by saying he could not afford also to pay the transfer tax. Later on, he was informed by Atty. Justiniano that the transfer tax would cost him a mere 2.5T at the time, and Vicente insisted that he had no more money then due to the construction of his house. He later said that the house cost him about 2M.
Would you believe that he could not take out 2.5T from the 2M he spent for his house. Normal human experience would tell us that it is a huge lie.
On another aspect, the purported deed of sale exposed again the criminal mind of Corona. Imagine, he signed the deed of sale as a witness to the signature of Cristina and Vicente. This means that Cristina and Vicente signed the document in his presence. In case a controversy arises in regard to the deed of sale, he made himself a witness who could testify to the fact that Cristina really signed the document as the seller. Remember that the property is an inheritance of Cristina and its sale does not need the conformity of Renato who signed therein as a witness to the signatures of the buyer and the seller.
If Corona was a lawyer worthy of his salt, he should know that he could not be a witness for or against his wife and vice versa. That was explained by the impeachment court during the first few days of the trial. And I have yet to see another deed of sale wherein a legal spouse signs as a witness to his or her spouse’s signature.
My theory is that Corona wanted to limit the number of persons with access to the purported deed of sale. So that Corona himself signed as a witness and then used a fictitious notary public. Of course, neither Vicente nor Cristina met the purported notary public for the acknowledgement of the purported deed of sale.
Chrimsom Hills says
Very good points..well articulated…..it just cant be that Vincente could not afford 2500 pesos twenty years ago…and also that a lawyer worth his salt wont want to be a witness to a document signed by his wife ..especially when the title deed was never transferred.
Corona and his lawyers are just taking the IC and the public for a ride.
johnny lin says
Evidence coming out Judiciary is being run like a MAFIA outfit by Corona.
Judiciary funds distributed to justices indiscriminately without transparency
Secrecy in court proceedings condoned by en banc violating Ra 6713.
Selective release of court employees to testify in impeachment court.
Using sheriff office and court to manipulate sheriiff sale of corporate assets wothout notifying SEC
Using court employees government time to serve chief justice personal interest with rallies and prayer vigil inside government properties.
What happened to police authority of equal branch, Executive?
mhylle cabahug says
agree…even disbursement of salaries and allowance of justices are paid through cash…kahit maliit na karinderya kaya na magpasweldo through ATM at least. how come our SC di man lang maisip na its a also form of control and audit trail kung ang mga milyones na allowance at salary disburse nila through check or at least ATM.
Elena Lemi says
It’s because ayaw nilang malaman ng public how much they get per month. Pag ATM di malaman ng bank & may trail yan.