Bastos

Bastos.

Sorry. There is no English word that captures the import of impoliteness, condescending attitude, insolence, contemptuousness and outright disrespect conveyed by bastos.

That’s how I describe defense counsel Mark Vinluan in treating expert witness, retired Sandiganbayan Presiding Justice Amparo Cabotaje-Tang, when she was presented by the prosecution on Sept. 14, Day 24 of the impeachment trial of Vice President Sara Duterte.

Vinluan first failed to stop Justice Cabotaje-Tang, 70, from being presented as an expert witness by the prosecution. Prosecution lawyer Chel Diokno explained that her testimony would provide the impeachment court with a framework for understanding and evaluating the financial and documentary evidence.

She was to address six issues on accountability: 1) when the wealth of a public official becomes questionable; 2) the treatment of money or property not registered in the official’s name; 3) the applicable standard of public accountability for the president and vice president; 4) whether the president or vice president may engage in business while in office; 5) government transactions involving businesses owned by the president or vice president and 6) whether a public official’s assets, liabilities, financial status and net worth should be reflected in the statement of assets, liabilities and net worth (SALN).

Justice Cabotaje-Tang’s testimony “would serve the public’s right to understand the laws governing unexplained or illegally acquired wealth, SALNs, beneficial ownership and financial interests, particularly because public funds and accountability are involved,” Diokno stressed. In 42 years, as a jurist and graft fighter, she handled 700 anti-graft cases and spent 5,000 hours studying graft cases. So she is an expert on the theft by public officials, especially unexplained wealth.

Forthwith, presiding officer Chiz Escudero ruled that since the good justice’s testimony would not be binding or conclusive upon the court, she could testify.

Vinluan is a 2014 Ateneo Law Bar passer, with barely 12 years of practice. Compare that with Cabotaje-Tang’s 44 years in the Office of the Solicitor General and at the Sandiganbayan anti-graft court. She was a Top Ten student in her San Beda College class of 1979.

Defense counsel Vinluan then proceeded with his Plan B: insult the witness. He tried to imply Cabotaje-Tang is biased. She was appointed by then president Benigno S. Aquino III as a justice of the Sandiganbayan in 2012 and made its presiding justice in 2013, staying there for 12 years until she retired in 2024.

Vinluan also implied that since Cabotaje-Tang was rejected four times to become a justice of the Supreme Court during the Duterte presidency, she is biased against Duterte. He also asked her point-blank whether she had been accused of favoritism or whether she knew what favoritism means.

“Are you anti-Duterte in any way?” asked Vinluan. “No, I’m not,” Cabotage-Tang replied. “Kakampi po kayo?” Vinluan asked. “Ano ba ibig sabihin noon?” replied the gentle justice, stressing, “I have never been political in my life.”

“Are you friends with Representative Diokno?” Vinluan asked. “No, we were adversaries, actually,” replied Cabotaje-Tang.

“Are you qualified to give a legal opinion here today?” Vinluan asked, visible in his contempt. “I will not pass judgment on my expertise or absence of it,” replied the good justice.

Vinluan questioned point blank who asked Cabotaje-Tang to come to the Senate court. “I was subpoenaed by the impeachment court and, if my testimony could be of value or aid in the just resolution of this case, I would be happy with that,” replied the retired jurist.

Vinluan to Cabotaje-Tang: “Are you connected with the Akbayan party-list?”

Her reply: “No, sir.”

Vinluan: “Were you promised anything in exchange for your testimony today? Her retort: “No, sir. I will never testify if ever I was offered anything material or otherwise. My testimony is not for sale, sir.”

Vinluan: “Are you vying for an ambassadorial position at the moment?” Cabotage-Tang: “No, sir. I am retired, and I want to enjoy my retirement.”

Vinluan: “In your 40 years in government service, have you encountered offers of bribery?”

Cabotage-Tang: “Yes, sir. One, in the office of the Solicitor General. But I directed that person to leave my office, and I banged the door.” At the Sandigan, “I never allowed anyone to visit me, even my relatives.”

It is not 16 to convict

Three retired chief justices and a retired Supreme Court justice were heard yesterday by the Senate impeachment court on the issue of what constitutes two-thirds of senators in declaring VP Duterte guilty of one or all four charges leveled against her by the House of Representatives. Usually, two-thirds of 24 is 16.

The prevailing view, it seems, is that two-thirds does not mean a denominator of 24 senators. It could be a dynamic number – 13 if there are only 20 qualified senators, 14 if there are 21 or 15 if there are 22 qualified senators. Because of a number of reasons, like death, resignation to take up another job, incarceration and thereby outside the coercive power of the Senate to compel attendance, in hiding or simply gallivanting abroad while the Senate tries the impeached official.

There are effectively only 20 senators. Two are in jail for plunder – Jinggoy Estrada and Rodante Marcoleta. One is a fugitive from justice, wanted for mass murder (Bato dela Rosa). One is on an extended medical leave (Loren Legarda). At least three to four other senators are suspects for various offenses – plunder, obstruction of justice, stock market manipulation. Arrogance and stupidity, however, are not grounds for absenteeism.

The implication is that it is now much easier to convict Sara Duterte, remove her as vice president and ban her forever from holding any public office.

Sara is accused of misusing or pocketing P612.5 million of people’s money, bribing her subordinates so she could dictate to them, unexplained wealth of P6.7 billion despite earning only P24 million as a public official and plotting to kill the President, the First Lady and the former speaker.

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