MANILA, Philippines - Chief Justice Renato Corona's defense team is doing a good job with respect to article 2 of the impeachment complaint, but the long process they're taking is bad in terms of public relations, a legal analyst said.
In an interview with DZMM on Sunday, Far Eastern University Institute of Law Dean Andres Bautista said Corona's defense lawyers are now laying the foundation for the chief justice's property acquisitions and cash deposits, but the tedious process may backfire on their defense.
He said many senator-judges, as well as the public, are getting impatient with the whole proceedings since they would prefer if the defense would go straight to the point.
Bautista said Corona's lawyers, led by former Associate Justice Serafin Cuevas, are doing what criminal trial lawyers would do if they were in a trial court: laying the basis for the chief justice's SALN declarations and bank deposits and showing where his money came from.
However, since Corona's lawyers have not gone straight to the point by presenting Mr. and Mrs. Corona, who are the only ones who can best explain the SALNs and the bank deposits, Bautista said the strategy might backfire if people see it as just a delaying tactic.
CJ should testify
Bautista said that "in my view," the chief justice should testify.
If he doesn't, he said the senator-judges and the public may think he's hiding something and this would have a bad impact in terms of public opinion.
However, Bautista said the Constitution protects an individual's right against self-incrimination, which means the chief justice cannot be forced to testify.
He noted, however, that Corona himself has said he has nothing to hide so he should testify.
Bautista said Corona's defense team should realize the importance of not just the impeachment trial but also the "public trial" via media.
Survey impact
He said the Pulse Asia survey showing 47% of respondents think Corona is guilty shows that the prosecution has been able to convince the public.
Bautista said survey results such as the latest one released by Pulse Asia are important factors when senator-judges make their decisions. He said senators, being politicians, listen to the public pulse.
If senators do not follow the public pulse, he said the electorate has the option of not voting them to office in the next elections.
Bautista said another polling outfit, Social Weather Stations (SWS), may also come out with its own survey results on the impeachment and it would be interesting to see if Pulse Asia's results are "validated."
Asked whether the Supreme Court will still act on Corona's petition seeking to stop the impeachment trial, he said he hopes this will not happen since the Senate has stood firm on its decision that it has the sole prerogative to decide on impeachment.
"I don't think the SC will intervene at this point," he said, adding, "maraming mabibitin."
