Impeach trial to further tiff between executive, judiciary
By Jonathan de Santos
Wednesday, December 14, 2011
THINGS are going to get worse before they get better, Senate Minority Leader Alan Peter Cayetano said Wednesday, as the Senate began the trial of Chief Justice Renato Corona who was impeached by the House of Representatives just two days ago.
That same afternoon, Corona had given a speech in front of hundreds of court employees and supporters clad in black. He accused President Benigno Aquino III of orchestrating his impeachment, adding it was done to give Aquino a subservient Supreme Court.
“I oppose this dictatorship that (the President) is creating,” Corona said in Filipino.
“Both sides, the Executive and the Judiciary, feel that they are required to articulate their stands and explain to the people what is happening,” Cayetano said.
In recent days, the President had also been sniping at Corona and the Supreme Court, calling the Chief Justice a hindrance to justice.
Senator Miriam Defensor-Santiago earlier warned the impeachment could make the judiciary unstable because justices will face the threat of impeachment “if they issue the politically-incorrect decision.”
“(The President) apparently believes in a very strong executive, and naturally the legislative and judicial branches feel that there is an ominous scenario coming on the horizon,” she added.
Senator Ferdinand Marcos Jr., to whose father the President has been likened since the Palace and Supreme Court began clashing, called the impeachment a “frontal attack on the judiciary and the legal system.”
He said Aquino’s legal advisers may not have warned the President of the implications of impeaching Corona.
“Whether he is impeached or not, this will have permanent effects,” he said, adding the Executive branch seems to think it is “more equal” than the other branches of government.
Senator Joker Arroyo said Tuesday that “there is no Constitution anymore,” referring to the House’s quick impeachment of Corona under the President’s direction.
He said the separation of powers had been violated, and that “the government is now one.”
Aquino critics and Corona supporters have also warned of a “constitutional crisis” stemming from the impeachment.
But Cayetano, a lawyer like Arroyo and Santiago, said there is no crisis.
“In fact, we are experiencing the reverse. The constitution is alive and it is working. The clashing of the great powers of the government was meant by the framers of the Constitution precisely because the government shouldn’t be a dictatorship with only one person or branch reigning supreme,” he said.
Senate Majority Leader Vicente Sotto III, chairman of the Senate committee on rules, said Corona’s speech attacking Aquino would not influence the impeachment court.
“That was said outside the court, and we will not pay that any mind,” he said.
He initially declined to comment, citing a prohibition from discussing the merits of the Corona case but allowed that the Chief Justice had the right to speak.
Senator Panfilo Lacson also said Corona was within his rights to defend himself in public especially since the President has attacked him in public, even lashing out at him in a speech delivered while Corona was in the audience.
Senator Franklin Drilon, an Aquino ally who has also been critical of Corona, said the Chief Justice should “stay cool.”
He said the impeachment trial, and not a public speech, is the proper venue to address the eight articles of impeachment lodged against Corona.
Corona should “be dignified in his responses,” the senator said.
The Senate on Wednesday afternoon suspended its legislative session to constitute itself into an impeachment court, which, Majority Leader
Sotto III means the start of proceedings against Corona.
Led by Senate Sergeant at Arms Jose Balajadia Jr., senators filed into the session hall dressed in red judge’s robes.
Senate President Juan Ponce Enrile took his oath as a senator-judge before Senator Antonio Trillanes IV, the youngest lawmaker in the chamber. Enrile then administered the oath to his colleagues.
After the senators took their oaths, the court directed the Senate secretary to issue Corona a summons. Impeachment Court spokesperson Maria Valentina Cruz told reporters when the court adjourned that the summons, which is a covering document attached to the verified impeachment complaint, will “probably” be served Thursday.
Under the impeachment rules that the Senate adopted earlier this year for the trial of former ombudsman Merceditas Gutierrez, Corona will have 10 calendar days to file an answer at the Senate.
The Senate will then transmit Corona’s answer to prosecutors at the House of Representatives. Those prosecutors will then have five days from the receipt of the answer to respond. Cruz said the deadlines cannot be extended.
Sotto said it is possible that the trial proper can begin when the Senate comes back from the Christmas break on January 16 next year. (Sunnex)
http://www.sunstar.com.ph/manila/local-news/2011/12/14/impeach-trial-further-tiff-between-executive-judiciary-195835
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