"First day jitters" hit prosecution team in CJ impeachment trial

MANILA, Philippines (Jan 18, 2012) – On the second day of the impeachment trial of Chief Justice Renato Corona yesterday, the prosecution panel asked the Senate Impeachment Court to postpone the proceeding after questions on the admissibility of computer generated pieces of evidence were raised.

Rep. Elpidio Barzaga said they would not present a witness but only computer-generated evidence printed in security papers with barcodes, which were ready for marking.

Presiding Senator-Judge Juan Ponce Enrile said he would allow the marking of the documents but warned that the rules of evidence say that documentary evidence presented in court  should be authenticated by the custodian of said document and failure on presenting the custodian as witness may result on adverse ruling against the prosecution.

The warning apparently rattled Barzaga who could only say "Thank you for the ruling, Mr. Senate President."

Enrile snapped back "That is not a ruling. That is a warning."

With it, Barzaga appeared unsure on what to do next and said suggested the postponement of the day's proceeding to allow the prosecution time secure the necessary documents and present witnesses.

Noting the perceived unpreparedness of the prosecution in presenting evidence, the Impeachment Court postponed motu propio (of its own accord) the hearing until 2 p.m. today.

Earlier, the Court asked the prosecution team of the reasons why they were changing the sequence of presenting their evidences.

This after the team insisted to deal with the Article 2 of Impeachment first instead of Article 1.

Barzaga told the impeachment court that they are not ready to present their case for Article 1, which pertains to the alleged Corona's midnight appointment.

Enrile told the team to rearrange the order of Articles of Impeachment to help the Court and the defense panel to prepare.

Also, the Court denied today the request of the prosecution panel to summon the family of Corona to testify in the ouster trial.

The Senate action came after the prosecution wanted the wife of Corona, his two children, and two others to appear in the impeachment proceedings.

The Impeachment Court said the attempt to have the family of Corona testify for the prosecution cannot be granted for lack of merits.

Enrile noted Corona’s right to self incrimination, including Corona's wife (Cristina), their children Carla, Francisco and other relatives.

"The primary request is to require him (Corona) to testify against himself...this cannot be done as it is his constitutional right to self-incrimination,” the ruling stated.

“No person shall be compelled to witness against himself," it added, while citing that the person impeached is not even required to attend the proceedings.

It also noted that Corona's children could not be compelled by the prosecution to testify against their parents.

For their part, the defense team opposed the request of the prosecution to subpoena the wife and children of Corona.

Lawyer Karen Jimeno, spokesperson of Corona, said the prosecution was on its desperate move to force the Chief Justice to resign as the trial goes on.

"(They) are resourcing to all types of methods to pressure him to resign," she reiterated, while condemning the prosecution for engaging "below the belt" attacks.

"His family is expected to feel bad about it. They would not only want to impeach him, but force him to resign as well," she added.

Meantime, Senator-Judge Alan Peter Cayetano appealed the ruling of Enrile, saying it should be amended and exempt the wife and four others. Cayetano was arguing that they may be called as witnesses but shall have the liberty to invoke the right against self-incrimination during the cross-examination process.

"I want to amend the ruling on the son-in-law and wife," Cayetano said, noting that filial relations should not apply to the right to self-incrimination.

Cayetano's motion was voted 14-6 by the senators.

On the other hand, Corona's lawyers were "very happy" with the result of the second day of the impeachment trial.

Jimeno said the ruling of the presiding judge was clear-- Corona and his family could not be called to take the witness stand.

"Klarong-klaro na may basehan ang ruling ng Senate President," Jimeno said, after the Senate court voted 14-6 in favor of sustaining the decision of Enrile.

She also said that tackling the Article 2 of the impeachment complaint first before Article 1 would not help at all both the public and the Senate Court.

"Sa amin lang, nalilito ang defense at senator judges din...hindi ito nakakatulong sa pag aaral nila sa articles of impeachment as judges...baka masayang lang ang oras ng impeachment court," Jimeno said.

Another Corona's spokesperson, lawyer Tranquil Salvador III said they have to contend with the realities of the trial, with the prosecution not being prepared with the case.

"Sa Article 1, hindi sila prepared... kahit kaninong abogado maaring mangyari ito ito ang realities ng isang trial," Salvador said.

While Corona supporters feel elated in the apparent bungling of the prosecution in the presentation of evidence, lead House prosecutor Niel Tupas Jr. dismisses it as a case of "first day jitters" and vows to present todat documents and witnesses in an effort to prove the existence of Corona's ill-gotten wealth. (From Philstar.com)