Category: supreme court

spinning the walkout & the waiver #cj trial

wikipedia: In labor disputes, a walkout is a labor strike, the act of employees collectively leaving the workplace as an act of protest.

free dictionary: walk out 1. To go on strike. 2. To leave suddenly, often as a signal of disapproval.

merriam-webster: WALK OUT  1: to leave suddenly often as an expression of disapproval 2: to go on strike

was just listening to atty tranquil salvador on dzmm.  he gets A for eyffort, but i don’t buy the illness excuse, that corona was feeling so sick he didn’t know what he was doing, and that he may have thought nakapagpaalam na siya nang maayos.

what happened, what we saw, was a walkout, consistent, of a piece, with the belligerent barako tenor of his 3-hour performance statement.

if it were true that he was feeling ill, he couldn’t have stood up so easily, stepped down from the witness stand without a pause, or walked out so quickly and steadily without help.  if he were truly feeling hypoglycaemic, it would have made more sense to remain seated, ask for a coke, then ask to be excused and helped out of the place rather than risk the indignity of a collapse while walking out.

if he were truly feeling ill, but he was sure he could manage to walk out with dignity, then the first thing he or his wife or daughter should have sent for was a coke, whatever, instead of heading straight toward an exit where his car was waiting, motor running (o baka naman may coke doon), to take him away who knows where, possibly the supreme court, for the next phase of the battle.

i daresay that the illness set in only when he realized that his ploy had failed and so nag-regroup, asked for a coke and then a wheelchair.

i daresay that if the chief justice had gotten away before the lockdown, it would be an entirely different story unfolding.

and so the spin that it wasn’t a walkout but force majeure, coming from some senator-judges, only betrays how their trapo minds work and, of course, how they’re going to vote.  why else would they be making excuses for him.

Senate Majority Floor Leader Vicente Sotto III said there was no walkout because Corona sought the court’s permission before leaving. His only fault, he said, was that he did not wait for Senate President Juan Ponce Enrile, the presiding judge, to discharge him.

“You cannot call it walkout, although it was not the proper procedure,” Sotto said.

Senator Ferdinand Marcos Jr. also believed there was no walkout because the Chief Justice returned to the session hall later in a wheelchair.

as for the conditional waiver: the spin is that it’s merely a diversionary tactic.  hmm.  read Corona’s challenge by rene azurin:

Regardless of how one feels about Mr. Corona and his alleged crimes, the words with which he ended his statement at the Senate last Tuesday accurately reflect what many Filipinos feel at this point: “…I beg you, ladies and gentlemen of the prosecution, not to engage me in argumentation about who is on trial here. We — you and me — are on trial here. Let’s stop all this posturing and show the Filipino nation what we’re made of…This is an invitation, a challenge for public accountability made only with the hope that we can all together give our nation one shining moment in public service.” Very well said.

The Filipino people have not hitherto been able to do any wholesale cleaning up of our messed-up government, mainly because the political and economic elite who run this country have been careful not to provide us (the powerless masses) with the means or the opportunity. Mr. Corona’s challenge opens the door a crack. If we are serious about wanting reform in this country, we should all add our collective voice to his and loudly insist on implementing what he has proposed.

senator judge drilon finds corona’s challenge ‘funny’ (as in, more fun-ny in the philippines?) while also warning that opening all government officials’ foreign currency deposits for scrutiny would be “disastrous to the banking system.”  the fear, i hear, is that government officials with unexplained wealth would be constrained to move their funds to “more hospitable jurisdictions” (as an fb friend puts it), which would be bad for the banks, baka magka-bank run pag na-tense rin ang ordinary depositors.

hmm.  but our banks are awash with cash: Philippine banks very liquid–BSP.  and if what my fb friend says is true, that “there are more prosperous business men and professionals than public officials in the banking system,” then it would seem that the banking system should be able to withstand the disaster drilon warns of.  a proper information campaign addressed to, and assuring, ordinary if rich depositors that they would not be affected would go a long way towards preventing bank runs.  it’s time the banking system took a stand against corruption, and for the legitimately private-citizen rich to stand by their banks.

the hitch, correct me if i’m wrong, is that under the bank secrecy law, we have no way of knowing who these crooked government officials are who would move unexplained wealth out of the country.  and even if we demanded a law that makes it mandatory for all government officials, appointive and elective, to waive privacy rights to their bank accounts upon assuming office, again, there would be nothing to prevent them from bankng unexplained wealth abroad.  hayyy.  paano na nga ba.

but first things first.  the latest from anc is that corona will attend the trial tomorrow and that he will submit an unconditional waiver, his way of proving that it is not he, but drilon & the reps, who have something to hide.

if true, then maybe he still has a chance of being acquitted.  although according to ellen tordesillas, the palace already had enough votes (16 of 23) to convict even before may 22.  we will know soon enough.

the walkout #cj trial

ang saya na sana.  it was good, in fairness, to hear his version of the stories that the yellow media had long been spinning, and his own powerpoint claiming just a handful of dollar accounts.  and when he signed that waiver, napa-wow ako, when he challenged drilon and the 188 reps who impeached him to waive theirs too, napahalakhak at palakpak ako, way to go!  but then he stood up and walked out, WTF, and all hell broke loose!

my take is, corona never intended to face cross-examination, he intended to walk out, as he did, once he was done with his statement.  if enrile had not ordered the lockdown that prevented him from leaving the building, i doubt that we would have seen him again.  but enrile was quick to the draw, and so corona was forced to plead illness, and play it sick, wheelchair and all, and tila nagkatotoo tuloy.  the melodrama continues.

but even if he were feeling all right, magugulat ako kung um-appear pa siya uli after that shocking show of disrespect for the senate impeachment court, which was like giving the finger to the senator-judges.  were he to return, it would be to a hostile court, for certain.

i was looking forward pa naman to hearing where the large dollar deposits on significant dates came from.  i guess we’ll never know.  ted te may be right, that corona will take the battle to the supreme court and ask for a restraining order against a senate vote.

the senate will not be stopped, of course, and more and more it looks like a corona conviction coming up.

corona to testify #cj trial

it was senator jinggoy estrada who addressed defense counsel yesterday and strongly urged that chief justice renato corona testify, the sooner the better, so we can all get to the truth and not waste time, or something to that effect.  he cited his father, president joseph estrada, who in 2001 was willing, waiting, to testify at his trial, he had nothing to hide.

we all know what happened to erap.  before he could take the witness stand, the prosecution walked out and edsa dos erupted.  even then, i was suspicious of the walk-out.  the testimonies were just beginning to get really interesting – naungkat na ang disappearance ni bubby dacer, ang kaso ni hubert webb, ang milun-milyong kinita ng isang senator-judge sa bw shares, at kung anoano pa.  what else might have been revealed had the trial continued, had the president told all, let the chips fall where they may, as in, laglagan blues.  and what if, after he had told all, we had seen that he was the least guilty pala.

so what’s in it for corona.  it would seem he’s feeling confident that he can prove the $10M accounts to be bogus.  if so, tapos na ang boksing; the president, the prosecution, and the media vultures eat crow.

but it does seem like everyone who’s anti-corona – including the president and the ombudsman – are convinced that the chief justice has hidden, unexplained wealth that must have been illegally acquired, or he would have declared it, and how else does a judge get so rich if not by accepting bribes (in exchange for favorable decisions) from, among others, gma and cohorts maybe?

again, what would be in it for corona?  at least ma-e-explain niya ang circumstances behind the hidden wealth?  he’s the least guilty?  or at best, he won’t go down alone?  at hindi lang si gma ang maaaring ilaglag?  o baka rin, he’s been offered an ex-deal he can’t refuse, as in, testify against gma and he can keep the $10M?  or maybe he’s being promised immunity from suit, like we-know-who?  i smell a rat.

miriam’s hell #cj trial

i am neither anti- nor pro-corona.  if he’s convicted, fine.  if he’s acquitted, fine.  i didn’t like him from the moment he accepted the midnight appointment, but that’s not a high crime, ‘no?

nothing will change, anyway, if corona is removed, except that whoever replaces him will be beholden to the president and his cohorts and not to gma.  and of course there’s the hacienda luisita ruling of the corona court; the cojuangcos would have a good chance of getting the whopping 10B in compensation they want that justice sereno recommends instead of 800M-something lang.  and yes, gma’s goose would be cooked, no matter how weak the evidence of election sabotage against her.

nothing will change either if corona’s not removed, except maybe he’ll inhibit or try very hard from then on to be impartial vis a vis gma cases lest he get impeached again next year.  and that, inhibiting and/or judiciously working at impartiality, would not be a bad thing.

so i am prepared to accept the verdict of the senate impeachment court.  i like it that presiding judge enrile, while bending backward to accommodate an ill-prepared complaint and prosecution, has drawn the line at subpoenaing members of the supreme court and challenging judicial privilege.  while there is much that needs reforming in the judiciary, weakening the institution and rendering it vulnerable/subject to the whims and caprices of the executive and legislative branches that are already too too too powerful would be disastrous for the country in the short-term and in the long run.

of course, there is every possibility that in the end, even if the corona camp were able to mount a credible defense, that the senator-judges would vote still according to their individual political agendas, usually connected to whoever’s in the palace.  pero kanya-kanya nang perception yan, and kanya-kanya ring diskarte, to vote or not to vote for them or their sons / daughters / spouses / siblings, in the next elections.

having said all that, in the spirit of disclosure, here’s my take on senator-judge miriam’s latest lecture that had vitaliano aguirre playing the fool.

i simply cannot find it in my value system to denigrate, condemn, or even criticize senator-judge miriam defensor santiago — as many many anti-corona peeps in social media are doing, waging a hate-miriam campaign, complete with down-dirty cussing ang isa — for lecturing the prosecution and using the words “gago” and “kagaguhan” to characterize how the prosecution has been handling the impeachment case.

neither can i find it in my value system to declare volunteer private prosecutor vitaliano aguirre a hero — as many of these anti-corona peeps are doing, complete with we-are-behind-you graphics – for daring to cover his ears during miriam’s lecture, and when called out, instead of apologizing (as his fellow prosecutors urged), daring to express in no uncertain terms, his contempt for the senator-judge, so to speak, for stridently lecturing the prosecution.

to me it’s clear that these hate-miriam love-aguirre people would be cheering miriam if miriam had been scolding the defense, and they would be angry instead with aguirre for covering his ears if he had been part of that defense.  to me it’s obvious that anti-corona anti-gma peeps are being unreasonable, i suspect out of a real if unspoken fear that corona might be acquitted, either because they have a stake in his conviction or because they have already judged him guilty, like the palace and their favorite media have.

miriam had reason, every time, to lecture the prosecution.  again and again she was provoked by the prosecution’s ineptness and panggagago.  whether or not we like her demeanor or her voice or her language or her scolding style, the prosecution deserved the scolding, every time.

this last, she was scolding the prosecution for dropping five of eight impeachment articles, and they had it coming to them.  to me they were like schoolboys who enrolled in 8 units but “dropped” (that’s the word tupaz used) 5 units kaysa ma-singko, kaysa bumagsak, dahil kulang sa requirements, and then had the gall to cover their ears when scolded by their elders.  kagaguhan indeed.

and no, gago does not mean “stupid.”  “tanga” is the equivalent of “stupid,” and there’s nothing stupid about the prosecutors.  in fact, it takes smarts, craftiness, guile, to be gago, that is, to break rules and brazenly try to get away with it — yan ang panggagago: iniisahan tayo, ginagawa tayong tanga, akala makakalusot sila.  kagaguhan is largely what the prosecution has been up to from the start, railroading, practically overnight, a badly crafted complaint that 188 signatory-reps didn’t even have time to read, and for which they had no evidence.

malaking kagaguhan din ang ginawa ni aguirre.  he was being gago, impertinent, pa-defiant, when he covered his ears in an insolent ploy to attract attention to himself and away from the senator-judge’s lecture.  in any courtroom, especially this one where the fate of a supreme court chief justice is being decided, it is kagaguhan for a prosecutor to consider himself equal to a judge.  the stakes must be so high, he was willing to play the audacious anti-hero, resort to dirty tricks to distract the public from the painful truths that miriam has been revealing about the prosecution.

so really, this front page item on the inquirer quoting cory’s spiritual adviser, that Miriam is ‘worthy of the fires of hell’?  for speaking the truth?  what the hell!  then that goes for me, too.

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No Plan B to fall on by Solita Collas-Monsod
The inane, the insane, the profane Manila Standard Today Editorial
Your Honors… by Alex Magno
The Aquino-LP agenda by Carol Pagaduan-Araullo