Corona’s team scored for ‘delaying’ impeach trial
Thursday, December 29, 2011
THE impeachment prosecution panel scored Supreme Court (SC) Chief Justice Renato Corona and his defense team for trying to delay the Senate trial despite Corona’s earlier statements saying he is ready to defend himself.
Deputy Majority Leader Romero Frederico Quimbo, who is the panel’s spokesperson, made the remarks after Corona and his legal team filed Thursday a motion for a preliminary hearing before the Senate as an impeachment court.
The defense sought determines the validity of Corona’s impeachment complaint, saying congressmen didn’t read it before signing it.
“It is disappointing that Chief Justice Corona and his defense team have resorted to legal technicalities to delay and derail the impeachment process. This contradicts the earlier statements of Chief Justice Corona’s camp that they want the impeachment to proceed fast and without delay,” Quimbo said in a press statement.
He added: “They have been harping that the impeachment complaint is weak. If they truly believe that, why then would they want the trial to be delayed? Is it possible that they are now doing every means to prevent the trial from taking place? What are they scared of?”
Should the Senate accede to Corona’s request for a preliminary trial on their motion to dismiss the impeachment complaint, the trial will not be able to start immediately, he said.
The Senate trial will start when Congress resumes session on January 16, 2012.
Corona was impeached by the House of Representatives on eight grounds, accusing him of betrayal of public trust, culpable violation of the Constitution, and graft and corruption.
“We find it strange that Corona is avoiding an immediate conduct of the trial. Kahit na sinong inakusahang tao, ang hiling parati ay pabilisin ang kaso. Maliban na lang kung takot maisiwalatang katotohanan,” Quimbo said.
“The filing of this motion is a sign that the defense panel is afraid for the impeachment proceed and tried on the merits. They know that the prosecution panel is ready with our evidence. And our evidence against Chief Justice Corona are strong,” he stressed.
Quimbo warned that Corona may have filed the motion as a preliminary step to apply for a temporary restraining order (TRO) with the SC in the event that the impeachment court denies his motion to dismiss.
Lawyer Maria Valentina Cruz, deputy clerk of the impeachment court and its spokesperson, confirmed the filing of the motion. She said Corona has asked for the preliminary motion to have the impeachment court hear one of the defenses raised in his answer to the impeachment complaint against him. She did not elaborate.
“Let’s leave it to the senators to decide if they will allow it,” she told Sun.Star in a text message in Filipino. She said that will be done before the trial proper if at all.
According to a copy of the complaint obtained by Sun.Star, Corona has questioned the validity of the impeachment complaint against him on the grounds that congressmen who signed it did not read it first. He said the impeachment complaint is “fatally defective” and that the Senate should dismiss it.
According to the Constitution, an impeachment complaint may go straight to the House in plenary if “at least one-third of all Members of the House” support it, as in the case of Corona.
The Chief Justice said, however, that the Constitution requires a “verified complaint,” which means signatories should have studied the complaint beforehand.
He cited the SC’s decision in Lambino v. Commission on Elections, where 6.3 signatures allegedly in support of a “people’s initiative” petition in 2006 to amend the Constitution were voided.
“With only 100,000 printed copies of the petition, it would be physically impossible for all, or a great majority of the 6.3 million signatories to have seen the petition before they signed the signature sheets,” the SC ruled then.
The Senate rules on impeachment do not mention preliminary hearings, but the Revised Rules of Criminal Procedure provide for a preliminary investigation, to see if there is “sufficient ground to engender a well-founded belief that a crime has been committed and the respondent is probably guilty thereof, and should be held for trial.”
The Rules of Civil Procedure, meanwhile, allow a pre-trial to discuss the possibility of settlement, and on the details of the trial, such as how many witnesses can be called, whether it is advisable for the trial to be suspended and “such other matters as may aid in the prompt disposition of the action.”
http://www.sunstar.com.ph/manila/local-news/2011/12/29/corona-s-team-scored-delaying-impeach-trial-198062
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Yats Restaurant & Wine Bar
Mimosa Drive past Holiday Inn, Mimosa Leisure Estate,
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