MANILA, Philippines – Day 2 of the impeachment trial of Chief Justice Renato Corona took just all of two hours on Tuesday, ending early on account of an awkward start by the prosecuting panel.
By 4 p.m., just a couple of hours after the start of the day’s proceedings, the Senate, convened as the impeachment court, was forced to adjourn. The defense of Chief Justice Corona claimed they were confused by the prosecution’s plan to kick off their presentations with the second of eight impeachment articles, rather than the first.
Senate President Juan Ponce Enrile, as presiding officer of the impeachment court, asked for the logic in the plan as well. The prosecution said it was plainly their right to present their case in any order they wish, going by standard rules of court and evidence. But when Enrile asked if they were ready to start their case with Article 1, the prosecution panel said they were not.
“We prepared for Article 2,” Cavite Rep. Elpidio Barzaga Jr. said. "We are not ready to present evidence and witness for Article 1."
Senator-judge Joker Arroyo supported the prerogative of the prosecution to present their case as they wish, saying it was unwise to limit the prosecution in the matter of determining the presentation of witnesses and evidence. He cited his experience as prosecutor in the impeachment trial of then President Joseph Estrada in 2000, when sometimes a witness for a later article became available to testify ahead of others.
Defense counsel and retired Justice Serafin Cuevas, however, in turn said that they were not ready to cross examine any witnesses or evidence to be presented in line with Article 2, as they had, for their part, prepared for Article 1.
Article 2 of the impeachment charge deals with the nondisclosure of the Statement of Assets, Liabilities, and Net Worth (SALN) of Corona, and with his alleged ill-gotten wealth. Article 1 pertains to partiality and subservience in cases involving the Arroyo administration from the time he was appointed as associate justice to the time of his midnight appointment as chief justice in 2010.
The senators ultimately called for the proceedings to be suspended, while directing the prosecuting panel to submit a new and final schedule for their case.
Senator Francis Escudero agreed that prosecutors are allowed under rules of court to outline their case in any order, but added that what the impeachment court would at least like to see is a final schedule and plan, so as to allow all parties – the senator-judges, as well – to read and prepare as well.
Beyond the fact that lawyers are routinely allowed to adjust their presentations in regular courts, prosecution panel spokesman Marikina Rep. Miro Quimbo said Tuesday’s fitful start was all part of “growing pains” for the impeachment process. “We did say very early on that because this is an extraordinary process, that there will be mistakes. Not everything is clear,” Quimbo said. “We also said that that’s the burden of the prosecution. We get to present first, but we also bear the brunt of the growing pains.”
The impeachment court was adjourned until Wednesday afternoon.
The prosecution insisted it had the prerogative to determine the sequence with which it would tackle the eight articles of impeachment against Corona.
The prosecution panel had other problems off the gates.
Cavite Rep. Barzaga Jr. said the prosecution was not prepared to present witnesses but only "certified true copies" or "computer-generated documents" of land titles of Corona's alleged assets. Senate President Juan Ponce Enrile warned that there could be a problem with these documents.
"Unless the Chair is satisfied with the documents and that they are authentic and that unless you present a custodian of the documents and testify on the presence of these documents then the ruling might be adverse," Enrile told Barzaga. This, even though Barzaga said these documents were obtained from the Land Registration Authority and had barcodes on them.
Subpoenas
It wasn't a totally unproductive outing for the prosecution, notwithstanding the early adjournment of the proceedings. Most important for them, Enrile approved the prosecution motion to issue subpoenas to the register of deeds of five cities where the Coronas are alleged to have illegally amassed properties: Makati, Taguig, Marikina, Paranaque and Quezon City, and to produce the titles to the properties.
Among those subpoenaed, according to Enrile, were Transfer Certificates of Titles and Condominium Certificates of Title.
House prosecutors claimed Corona acquired several real estate properties in Metro Manila worth more than P200 million, which is grossly disproportionate to his income as chief justice.
Among these are premium condominium units at the Bellagio Tower and Bonifacio Ridge in Taguig City, The Columns in Makati City and Burgundy Plaza in Quezon City, and a house and lot in La Vista Subdivision, also in Quezon City.
Records show that Corona bought the Bellagio property at P14.5 million in 2009. The 303.5-square meter unit, with three parking slots each measuring 12.5 square meters, is said to be worth between P30 million and P40 million now.
But it was a tough day all in all for the prosecution. One day after being denied their move to allow more seasoned private prosecutors to assist the prosecuting congressmen in making their arguments before the impeachment court, their opening motion to summon Corona, his wife, their children, and their children’s spouses as witnesses, was denied by Enrile. Sen. Alan Peter Cayetano tried to get Enrile to reconsider, but his appeal only got as far as a plenary vote, where Enrile’s ruling on the matter was upheld by the senators voting 14-6.
The defense, too, didn’t get everthing they asked for. Their motion to summon Speaker Feliciano Belmonte Jr. and other House officers to testify on the conduct of the impeachment process in the House was thumbed down.
'Initial victory'
Corona's defense team said the Senate ruling junking the motion to subpoena Corona and his relatives was an "initial victory" for them.
Lawyer Tranquil Salvador, one of the defense's spokespersons, said, however that they have not yet won the war.
"There are little battles and there is a war," Salvador told reporters.
The defense team, however, would not call it a blunder for the prosecution, but said it was normal in any trial proceedings. He said the defense will still prepare for Article 1 of the impeachment complaint at Wednesday's trial resumption.
