Corona’s reply to impeachment not verified
Tuesday, December 27, 2011
SUPREME Court (SC) Chief Justice Renato Corona may have submitted a flawed reply to the impeachment complaint against him after copies sent to the House prosecution panel were not considered “verified”.
There are doubts that Corona himself signed the 79-page reply he submitted, Deputy Majority Leader Romero Frederico Quimbo, spokesperson of the House prosecution panel, said.
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Quimbo clarified though that the panel will still have to check the Senate’s copy.
The purpose of verification is for “holding the party liable for forgery or falsehood stated (in the document). With this answer not having verified, then we cannot go after the CJ, the respondent,” Quimbo told reporters.
“This verification gives this paper (Corona’s reply) a degree of accountability,” he added.
Corona’s reply was submitted Monday afternoon to lawyer Arnel Jose Banas, officer-in-charge of the Office of the Senate Secretary.
It was signed by his legal team composed of former Justice Secretary Serafin Cuevas, and lawyers Jose Roy III, Jacinto Jimenez, Ernesto Franciso Jr., German Lichauco II, and Dennis Manalo,
Quimbo noted that it was ironic for Corona to question the verification of the 188 signatures contained in the impeachment complaint when the Chief Justice himself could not provide a document that would make his reply verified.
In his reply, the Chief Justice said several lawmakers were not able to read the contents of the impeachment complaint making it “constitutionally infirm and defective”.
“The complaint we filed is verified as stated in the rules. Their reply has no verification,” Quimbo said.
At the Senate, Maria Valentina Cruz, spokesperson for the impeachment court, said that the chief justice must still file a formal motion to dismiss the impeachment complaint against him even if he has asked the Senate to do so in his answer to that complaint.
The Senate could dismiss the complaint as Corona requested but only after the court convenes on January 16, she said.
“If the Corona camp files a motion to dismiss, then the Senate may decide on that,” she said in a text message.
Cruz also said Corona will still have to prove statements made in support of his request to have the complaint dismissed.
Corona, through counsel, filed his answer to the impeachment complaint on Monday afternoon. In it, he asked the Senate to throw out the case because members of the House who supported the complaint had not examined it before signing.
“In this case, the requirement of verification is not a mere procedural rule but a constitutional requirement. In other words, failure to meet the requirement renders the impeachment of CJ Corona unconstitutional,” former Justice secretary Serafin Cuevas, lead lawyer on Corona’s defense panel, said.
Cuevas also said President Benigno Aquino III is behind the impeachment complaint, signed by 188 members of the House, and that it is an attempt to “subjugate” the Supreme Court.
With Corona’s answer already filed, the Senate has asked the House prosecution panel to reply and has given it five days from Tuesday to do so. Since the fifth day falls on a holiday, the deadline is on January 2 instead.
The House panel actually received copies of the answer on Monday but it was not formally transmitted to them by the Senate until Tuesday.
Senator Joker Arroyo, meanwhile, said Tuesday that the trial will likely be done within a month since the articles of impeachment lodged against Corona are questions of law, which will be decided on arguments.
Settling questions of fact would take longer he said, since these require evidence.
In this case, he said, the articles of impeachment against Corona are based on public documents.
“Unless the parties meander into extraneous matters and grandstand and the Senate tolerates it, the trial should be straightforward and brief,” he said in a press statement.(Kathrina Alvarez/Jonathan de Santos/Sunnex)
http://www.sunstar.com.ph/manila/local-news/2011/12/27/corona-s-reply-impeachment-not-verified-197671
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