CJ: Dismiss impeach raps

MANILA, Philippines - Chief Justice Renato Corona sought yesterday the “outright dismissal” of the eight articles of impeachment filed against him by the House of Representatives.

Describing the filing of the case as done in “blitzkrieg fashion,” Corona said the impeachment complaint failed to meet the requirements of the Constitution and the impeachment court should enter a judgment of acquittal for all the articles of impeachment.

Corona also prayed for “all other reliefs just and equitable under the premises.”

Former justice secretary Serafin Cuevas leads Corona’s defense team, which includes Jose Roy III, Jacinto Jimenez, Ernesto Francisco Jr., German Lichauco II and Dennis Manalo.

Senate lawyer Arnel Jose Banas received 32 copies of the 79-page answer at 3:35 p.m. Yesterday.

Also on hand was Senate legal counsel and designated impeachment spokesperson Ma. Valentina Cruz.

In calling for the dismissal, Corona’s legal team accused President Aquino of instigating and ordering the filing of the impeachment charges to remove the Chief Justice.

“With much effort, one reaches the inevitable conclusion that President Benigno C. Aquino III, as the head of the Liberal Party, must have been ‘in’ on the plan from the inception. In contrast, it is unlikely that President Aquino knew nothing of the plans to impeach the Chief Justice,” it added.

Any president, Aquino included, hopes for a Supreme Court that consistently rules in his favor.

“Ensuring political advantage would amply justify the allegations that President Aquino seeks to subjugate the Supreme Court. More importantly, however, many circumstances and events dating back to the election of President Aquino support the conclusion that it was he who desired to appoint the Chief Justice and who instigated and ordered the filing of impeachment charges to remove CJ Corona,” they said.

Aquino manifested his desire even before he was elected president, they said, noting Aquino’s statement that he would rather take his oath of office before a barangay captain than before Corona, whom he and the LP bloc consider a “midnight” appointee of former President Gloria Macapagal-Arroyo.

Aquino then opted to take his oath before Justice Conchita Cario-Morales.

In a prefatory statement, Corona’s lawyers quoted: “The sin of Pontius Pilate is not that he exercised his powers, but that he abandoned his judgment, washed his hands and let the angry mob have its way.”

They argued that impeachment, for CJ Corona, came like a thief in the night. “Even as he stands before this Tribunal to defend himself, his great fear is the danger that lady justice herself must face,” it read.

They criticized the 188 members of the House of Representatives who hastily signed the Articles of Impeachment, “causing the immediate transmission of the complaint to the Senate.”

“Almost instantly, some members of the House resigned from the majority coalition, amidst complaints of undue haste in the filing of the Articles of Impeachment. It appears that members were expected to sign on being offered tangible rewards, even if denied the opportunity to read the Articles of Impeachment and examine the evidence against CJ Corona,” it added.

They argued that the impeachment was “the handiwork of the Liberal Party alone,” referring to the administration party that supported the campaign of Aquino.

Borne out of bias

 “What we have before us, then, is a complaint borne out of bias against CJ Corona and the predisposition to destroy him by associating him with the unpopular former President Gloria Macapagal-Arroyo and by misinterpreting his concurrence to certain Supreme Court decisions as protecting… Arroyo,” the answer read.

The defense team also discussed the “hidden forces” who will benefit from Corona’s ouster and who are conspiring and causing intrigue behind the scene to ensure his removal and their re-emergence into power to the detriment of the Bench, Bar and the populace.”

“Certainly, such cannot be the backdrop, purpose and consequence of impeachment,” they added.

The impeachment process, although political in character, has therefore became “a partisan orgy, devoid of any mature deliberation and of lawful purpose whatsoever, especially in a precedent-setting and historic event involving no less than the impeachment of the Chief Justice of the Philippines,” they added.

After outlining the political events that happened prior, during and after his impeachment, Corona’s lawyers described an executive branch “that is unwilling to brook any opposition to its power, particularly in prosecuting high officials of the former administration.”

Corona, however, recognized the need for the Senate to intervene in what he described as a move of a “determined executive” to impeach him.

He argued that the bedrock of principles of separation of powers and checks and balances simply could not survive without a robust and independent judiciary.

“An independent Supreme Court and judiciary cannot be allowed to dissolve into hollow words from its fragile reality,” he said.

“The Senate is now called upon to protect the judiciary’s independence under the Constitution, and save the nation from the abyss of unchecked executive power.”

In these proceedings, Corona also recognized that the responsibility of protecting the judiciary belongs to the Senate.

“Only through a fair and judicious exercise of its judgment can the Senate restore productive coexistence within the trinity of the Republic’s three great branches,” the lawyers added.

Corona admitted that he rendered service as an officer of the offices of the Vice President and President, but “not of Gloria Macapagal-Arroyo.”

He belied the accusation that he has been partial to the former president, who appointed him Chief Justice in May last year.

Corona said he could not be held accountable for the outcome of cases before the SC, which acts as a collegial tribunal.

“By mentioning the decisions and actions of the Supreme Court, complainants demonstrate their lack of understanding of the concept of a collegial body like the Supreme Court, where each member has a single vote,” he explained.

The Chief Justice also stressed that “it is not uncommon for justices to have previously worked as professionals in close association with the President,” citing as example the case of Senior Justice Antonio Carpio, who was appointed by Arroyo to the SC after being a partner in the law firm that used to be the retained counsel of the Arroyo family.

Corona’s defense team

SC spokesman Midas Marquez said Cuevas, who is identified with the Iglesia ni Cristo and who was a defense lawyer of deposed President Joseph Estrada in his plunder trial, volunteered his legal services to Corona.

The 83-year-old Cuevas served as associate justice of the SC during the Marcos regime from June 1984 to April 1986. Prior to his appointment to the SC, he was also a justice in the Court of Appeals, judge in Court of First Instance, and fiscal in Manila.

A graduate of the University of the Philippines College of Law, he has four decades of experience in teaching law not only in UP but in other universities as well.

Asked if the involvement of Cuevas would mean the support of INC to Corona, Marquez said he is not privy to such arrangement. But he stressed that any support from key sectors would be welcome to the Chief Justice.

Cuevas will be joined in the defense panel by former Pamantasan ng Lungsod ng Maynila law dean and president Jose Roy III.

Resident constitutional expert and long-time professor Jacinto Jimenez and Ateneo law school professor and public interest lawyer Ernesto Francisco Jr. also volunteered their services to Corona.

Francisco used to be with ACCRA (Angara Abello Concepcion Regala & Cruz) Law offices.

Another topnotch law firm Siguion Reyna Montecillo & Ongsiako also sent two lawyers to Corona’s defense team, German Lichauco II and Dennis Manalo.

In a press conference, Marquez revealed that Corona personally handpicked all six lawyers, who signed his answer to the impeachment complaint from many others who offered their free services to him.

Marquez explained that the list is only initial since there would be more lawyers who would aid them in the impeachment trial.

The House named the members of its prosecution panel:

Representatives Niel Tupas Jr. of Iloilo, Erin Tañada of Quezon, Rodolfo Fariñas of Ilocos Norte, Reynaldo Umali of Mindoro Oriental, Giorgidi Aggabao of Isabela, Elpidio Barzaga Jr. of Cavite, Neri Colmenares of Bayan Muna and Arlene Bag-ao of Akbayan.

They added Deputy Speaker Raul Daza to its prosecution team and named Representatives Juan Edgardo Angara of Aurora and Sherwin Tugna of the party-list group Citizens Battle Against Corruption as alternate prosecutors, and also designated Cavite Rep. Joseph Emilio Abaya as team manager and Marikina Rep. Miro Quimbo as spokesman.

Asked to compare the caliber of Corona’s defense team with members of the prosecution team from the House of Representatives, Marquez replied: “It’s difficult to compare because all lawyers of the Chief Justice are seasoned practitioners. I don’t know if the prosecutors would hire lawyers, but I understand they are also lawyers in their own right.”

Marquez explained that representing the Chief Justice would not affect cases of his volunteer lawyers that are pending in the SC.

“Perhaps, the Chief Justice will inhibit in their cases,” he stressed.

He also revealed that Corona does not plan to temporarily go on leave from his work pending trial in Senate, but assured the people that he would appear in the hearing if required by the impeachment court.

Marquez added that Corona would also appoint spokespersons for the impeachment trial in the Senate.

“The Chief Justice is very careful in appointing spokespersons. He’s looking at their respective background,” he said.

This will be the first time a Chief Justice would face an impeachment trial in the Senate. With Edu Punay