Category: impeachment

Burning and boredom #cj trial

By Rene Azurin

When the senator-judges at the Corona impeachment trial chose to wear blood red robes, I thought that it was because they imagined themselves to be Grand Inquisitor Tomas de Torquemada since he, legend has it, wore red robes when trying accused heretics, blasphemers, witches, and homosexuals. That fanatical temon of the dreaded Spanish Inquisition sentenced over 2,000 such unfortunates to burn at the stake, so one can guess that his trials were not ho-hum affairs. Not like the boring one now unfolding on afternoon TV.

The problem must be that our senator-judges choose not to match their demeanor to their fearsome red robes. With one notable exception, they take pains to speak quietly and respectfully, almost as if trying to assure the viewing public that they are not in fact fanatical friars in blood red robes. Other than that one notable exception, no one in the cast of red-robed characters evokes the appropriate image of the truly mad, wild-eyed bigot spewing fire from tremulous lips. There is also the added fact that no accused is present in the tableau, no bloody broken product of the torturer’s rack, no helpless heap of bones to be pelted with screaming rants that it is surely the devil’s spawn. Oh well, I am probably dredging up images from an old movie. But, truth to tell, I find this particular version of the daytime reality show sleep-inducing even if it is ending in the figurative equivalent of a burning at the stake.

That ending is obvious. Just noting the statements that have already issued from the President (and his minions) and the unrestrainable efforts of congressman-prosecutors to make their case in the media rather than in the courtroom makes it clear that the non-negotiable goal is nothing less than a public burning at the stake. Especially disturbing to those searching for any indicators of fair play is the continuing penchant of congressman-prosecutors for releasing willy-nilly to the press so-called evidence considered inadmissible in court. The obvious strategy is, if we can’t burn him in the courtroom, let’s burn him in the streets and coffee shops.

One can speculate that the red-robed senator-judges’ often labored attempts at essaying postures of reasonableness and impartiality are simply intended to obscure the fact that there is already an execution by fire actually in progress. But, it is useless trying to persuade the public that objectivity and fairness will characterize this purported trial. No one I have talked to really believes that political considerations and pecuniary incentives have not already determined how this “trial” will end. Like Torquemada’s mock trials, that is a foregone conclusion. By the way, this is not to say that people do not think that Chief Justice Corona is guilty of at least some of the impeachment charges (they do), only that people do not think that pork-salivating politicos — whether senator-judges or congressman-prosecutors — are realistic models of impartiality and objectivity.

So end it already. As quickly as possible, since everybody already knows what its final outcome will be. Unless it is to provide aging viewers a helpful soporific to make them slip fitfully into their afternoon siestas, there is no longer any point for daytime TV to continue inflicting a boring reality show on an exasperated public. Me, I have already tuned out.

For future impeachment trials — since another one is forthcoming soon, that of Supreme Court Associate Justice Mariano del Castillo — let me suggest that the Senate adopt a simpler, more straightforward, and shorter procedure. The procedure I propose is to just allow prosecutors to present and argue their case in full (with audio-visual presentations if they like) before senator-judges, then letting defense counsels similarly answer and argue their case in full. Of course, hard copies of all the arguments and documentary evidence offered by each side will be collated in binders filed with the impeachment court. Each side’s complete case will thus be in a bound book that will also be made available to the public (via Web).

After hearing the oral presentations and studying the filed binders, it will then be up to the senator-judges — presumably still in blood red robes — to call any witness they might want to ask questions of in order to clarify certain issues or validate certain alleged facts. (Unlike Torquemada, though, they will not be allowed to subject witnesses to the rack.) In this proposed procedure, it will be the senator-judges asking questions of witnesses, not the counsels for the prosecution or defense. In this way, questions will be limited and basically clarificatory in nature, and time-consuming objections can be avoided. After the senator-judges have satisfied themselves with respect to particular concerns, they can immediately vote to settle the guilt or innocence of the accused. With this procedure, senator-judges can run through impeachment cases like a production line, a convenient thing since at least seven more allegedly pro-Arroyo justices have yet to be impeached.

For us, the Filipino public, we ought to be thoroughly aware that, in the end, the result of the impeachments of Supreme Court justices is the burning at the stake of the institution of the Judiciary. Even if the justices subject of the current impeachment proceedings might truly deserve to be impeached, the practical effect will be that no justice henceforth will dare rule against or offend a sitting president who, because of the largesse a president can offer, can readily get 80-odd congressmen to impeach a justice for “high crimes” and 16 senators to find him guilty. The so-called independence of the Judiciary will be effectively over. No more checks for the power of the Chief Executive. He will be able to do what he wants and get all the judicial rulings he needs, including those benefiting him personally, whether these concern executive privilege, election sabotage, sweetheart deals, or even haciendas.

The critical issue then is, since the building up of institutions is a sine qua non for the maturing of a democratic society, if the burning down of a concededly ineffectual and possibly rotting Judiciary will ultimately result in the bettering of the lot of the long suffering Filipino people. Clearly, that will depend on what is put in the burned structure’s place. No one (I think) wants a return to Torquemada’s 15th century and an era when the perceived lack of faith in a prevailing doctrine or reigning king is punishable by burning.

“anonymous source” #cj trial

what goes on kaya behind the closed doors of a senate caucus, especially the one today yesterday where they “refined” the decision to compel bank officials to bring and testify on corona’s bank accounts, with the caveat of course that this is an exception, bank secrecy laws hold.  of course. they also have to be protecting their own interests — they have SALNs and BIR records, plenty properties and huge bank accounts too — but with the second-envelop fiasco on everybody’s mind, they are bending over backward and allowing the prosecution to subpoena practically any and all documents desired, never mind defense objections, para hindi sabihin ng taongbayan na kumakampi sila kay corona at meron silang itinatago o ipinapatago.  a boon to the prosecution.

it’s a highwire act for the senators, keeping a balance, keeping the people out of the streets.  yesterday was tense.  would the senate order that corona’s bank records be subpoenaed or not.  but it was like the decision had been taken out of their hands.  media was already feasting on the juicy details of alleged dollar accounts based on documents provided  the prosecution by an  “anonymous source”.  the senate could not have said no, never mind that that anonymous source is an illegal source.  probably a concerned citizen, said the prosecution lawyer who received the documents.

i wonder about this concerned citizen.  did she act independently?  motivated only by personal anti-corona sentiments?  or did she act upon instructions from someone powerful who’s pulling strings behind-the-scenes?  sana she acted independently.  because if she didn’t, then that’s bad news.  worse even, we’ll probably never know.

corona’s bank records #cj trial

Prosecution’s ‘smoking gun’ went pffft!
Senate Cautioned on Bank Subpoenas
Tupas stripped of lead role for bungling case

senators steal the show #cj trial

i heard it first last night, from one of lynda jumilla‘s guests, either dean raul pangalangan or dean tony la vina, on anc‘s daily post-mortem: the fear or apprehension that the public might be losing interest in the impeachment case, given all the arguments over technicalities that the prosecution keeps stumbling into.  patriciomangubat too thinks it’s a problem.  read Anti-Corona losing steam:

The problem really is, the public’s waning interest about the case. The trial has been, what, on its fourth week, and since the prosecution has failed to present their most explosive witness yet, this is beginning to turn into a dragging courtroom drama which is interesting only to those who love reading John Grisham or watching mock courts.

i beg to disagree.  i think the only people who want the trial to end ASAP are the ones feeling threatened by so much information getting out about how rich people deal with the BIR and SEC, and how they manage not to declare the real value of their real estate properties, that is, the ways of the rich with their millions, in and out of government, kumbaga.

i think people are watching, listening, every chance they get, not necessarily to all of the trial itself but there are too the endless commentaries and speculation on radio and tv and in the papers and the internet.  one way or another people are keeping tabs on this double-program telenovela unfolding live! on two fronts : in the courtoom and in the public mind.

in the public mind, thanks to pro-palace media, guilty na si corona.  but in the courtroom, the prosecution is fumbling, floundering, failing to build their case (they were more prepared for a corona resignation, methinks, than to prosecute him in a real trial).  and the people are enjoying the show.  suddenly it could go any which way.  where no one would have bet on an acquittal ten days ago, today, a conviction is not in the bag at all, and people want to see every twist and turn of the story, no matter how long it takes for due process to take its course.

tama si dean la vina: the prosecution’s problem is not how to win the public — they have already been won — but how to win the senators.  presiding officer senate president enrile and most of the senator-judges have been doing such a good job, behaving in a way that has won the public’s approval, to such an extent that the public, it would seem, would accept whatever verdict the senate hands down.  which is good.

in fact, if there’s anything we should all be praying and pleading for, it is that the senators truly take the high ground and stand tall to the end against any importunings by the palace to sway their final decision.  for a change.

here’s to interesting times.