Crawling along

On Day 11 of the impeachment trial of Chief Justice Renato Corona, lawyers and senators finished grilling the 13th of about 130 witnesses lined up by the prosecution and defense.

At that pace, will it take 110 days – nearly four months – before both sides complete the presentation of witnesses?

As for the pieces of evidence presented, even with the defense posing no objections, the impeachment court seems to have barely scratched the surface of what’s in store. Apart from the presentation and marking of each piece of evidence, detailed information contained in many of the documents will have to be stated on record, for the nation to hear and see.

Much of Day 11 was spent by prosecutors yesterday to establish that Corona undervalued certain real estate properties in his statement of assets, liabilities and net worth (SALN). The omission, or lying, or misrepresentation of facts, can constitute a betrayal of public trust and culpable violation of the Constitution, the prosecution argued. Senators seemed unconvinced, but we won’t know for sure what they think until they vote on Corona’s fate.

The prosecution is taking a beating from senators and even in the court of public opinion. But despite all the bungling, and regardless of how the senators will vote, the proceedings are succeeding in turning Corona (and his wife) into damaged goods. How a chief justice can function effectively after this trial, if he survives ouster, is a big question mark.

When the late Claudio Teehankee was the chief justice, he refused to discuss any issue with journalists that could potentially end up in the Supreme Court. In contrast, Corona (and his spokesman) have issued many public statements since this controversy started, which could compromise his impartiality in many issues that could reach or are already pending with the SC.

Several congressmen have already promised that if Corona survives this trial, they aren’t going to stop trying to kick him out. And P-Noy is unlikely to let up on his verbal assaults against Corona.

How long will the nation have to wait for the conclusion of this process?

* * *

Apart from cross-examination of witnesses by the defense, any of the senator-judges can jump in any time to ask questions, to scold lawyers and witnesses, or simply to announce on live TV that they are confused.

In fairness to the senators, many people can be just as confused as they are, but lawmakers are supposed to know more about the law than the average Pinoy. The trial is separating the real lawmakers in the chamber from the walang K – walang karapatan, or those senators who get paid for inflicting their incompetence on the people.

The other day, we received reports that the senators had agreed to question witnesses only after the prosecution is through and the defense has finished cross-examination. I guess this was easier agreed upon than done.

Anyone who has watched the proceedings can see why the wheels of justice move at a glacial pace in this country, and why lawyers can make enough money to buy multiple homes including penthouse units in expensive condominiums. An entire afternoon can be spent picking through a single page of documentary evidence. You truly need to hire a lawyer to get through legal gobbledygook. And lawyers’ fees run like taximeters. They will want to prolong legal proceedings with legalese and technicalities.

Listening to a live radio broadcast of the impeachment trial earlier this week, I heard one of the counsels referring to “the dorsal portion of Exhibit Quintuple Y, dash 1, dash A.” What’s wrong with referring to the back portion?

Lawyers’ need to use such terms probably killed that initial enthusiasm for conducting the proceedings in Filipino.

You can forgive those who have to sit through such proceedings four times a week for falling asleep behind dark glasses.

* * *

We’re rolling up our eyes over the pace of the trial, but the proceedings are filling Joseph Estrada with regret.

He didn’t have a Serafin Cuevas to defend him during his impeachment trial, Erap openly lamented, and he didn’t have a Juan Ponce Enrile as presiding officer. This is what an impeachment trial is supposed to be like, as far as Erap is concerned.

There are Pinoys who prefer the first one. Erap was kicked out of Malacañang about two weeks after the start of his impeachment trial.

His ouster was of course hastened by people power. But the trial itself seemed fast-paced, with prosecutors focused on the alleged offenses and prepared with their evidence. Erap the ex-president would be convicted of the offenses by the Sandiganbayan, but the road to conviction would take six years and aggravate the andropause of his principal prosecutor, Simeon Marcelo, who later resigned as ombudsman.

How long will it take to find Corona guilty (or innocent) of the articles of impeachment?

Even a year would be agonizingly long for the country. At the rate the proceedings are going, this is not a remote possibility.

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