Tuesday, May 22, 2012

CORONA MAY LOSE CASE BECAUSE OF 'WALKOUT'









MANILA, Philippines (UPDATED) - Chief Justice Renato Corona stands to lose his impeachment case because of his apparent walkout from the Senate session hall Tuesday afternoon, analysts said.



University of Sto. Tomas Faculty of Civil Law Dean Nilo Divina said Corona's testimony in trying to explain why he did not declare his dollar deposits in his statements of assets, liabilities, and net worth would have been "perfect" if not for his move to suddenly leave the witness stand without permission from the court.

"The testimony and performance would have been brilliant," he told ANC. "All of these things were lost because of the walkout."

"We hope that the chief justice allows himself to be cross examined or his statement will be stricken off the record," Divina said.

"I am afraid for him that the senators will render a judgement against him," he added.
Political analyst Malou Tiquia echoed Divina's assessment.

"He already had the upper hand, and suddenly he stood up," she said.
"Sayang lang yung effort to explain. Sasabihin ng taumbayan 'o nag-explain ka eh bakit ka tumakbo?'" she added.

She also questioned Corona's offer of a conditional waiver on the disclosure of his dollar accounts.
"The waiver should have not been conditional," she said. "If you offer a waiver, it should not be conditional to others."

Integrated Bar of the Philippines president Roan Libarios agreed.

"Yung lakas ng kanyang testimony was negated by what he did," he said.
ANC's Teddy Locsin Jr. said in his "Teditorial" Tuesday night that Corona "snatched defeat from the jaws of victory."

"Corona had won, and then he lost. He conditioned his own waiver on all 189 (congressmen and Senator Franklin Drilon) signing them all," he said.

"I understand the overwhelming contempt that Corona felt for the court  -- presiding justice Enrile's judicious brilliance notwithstanding -- but his walkout destroyed the effect he produced," Locsin said.



Sudden end
Corona suddenly stood up and left the witness stand after ending his opening statement on day 40 of his trial.
Enrile had to order security to padlock the Senate exit gates, even as Corona's vehicle was seen parked outside the Senate building exit waiting for the chief justice.

Corona later returned on a wheelchair and his chief legal counsel Serafin Cuevas said his client suddenly experienced low blood sugar or hypoglycemia.

Enrile was left fuming over Corona's walkout.

He gave the Corona and his defense until Wednesday for the chief justice to be subjected to cross examination.

"He could have excused himself from the court," he told Cuevas.

"If Corona refuses to be cross examined, senator-judges will decide based only on the evidence that has been presented," he added.

Enrile stressed that Corona's testimony will be stricken off the record if he does not allow himself to be cross examined.

Prosecutors also denounced Corona's apparent walkout, calling it an insult to the impeachment court.
Prosecution spokesperson Rep. Sonny Angara said Corona had long complained about not being given due process but he denied people the chance to ask him questions.

He said Corona's actions were embarrassing, adding he did not think "he [Corona] would sink this low."
House Deputy Speaker Lorenzo Tañada III said Corona's actions were premeditated.

He said the chief justice's action was a challenge to the impeachment court and an apparent affront to its authority.

Tañada also downplayed Corona's challenge for 188 congressmen and Senator Franklin Drilon to sign waivers on the disclosure of their assets.

He said congressmen's statements of assets, liabilities and net worth (SALNs) already have a disclosure waiver.



Squandered opportunity
Malacañang criticized the chief justice for his actions during his impeachment trial.
The Palace, in a press statement, said the impeachment court gave Corona all the time to present his side but he squandered that opportunity.

By walking out, Corona denied the prosecution their right to challenge his statements, the Office of the Presidential Spokesperson said.

The Palace also criticized Corona for allegedly making the witness stand as a place for "declamation."

"Our system of justice subjects all evidence to the test for truth. When a witness is presented, the testimony is subjected to cross-examination to see if it can withstand close examination. Truth should withstand scrutiny, and the job of lawyers is to find it," the Malacañang statement said.

"But what Mr. Corona did, instead, was to make a speech. The man tasked with being the defender of the Constitution, and upholder of the law, denied the prosecution as the impeachment court, the opportunity to challenge his testimony. This is not the behavior of the chief magistrate of the land. His walkout sent the message that his is the only voice that is important; and that furthermore, that he considers himself exempt from the basic processes of confronting testimony -- the process by which courts discover the truth," it added.

The Palace also cited Article XI, Section 17 of the Constitution that requires all government officials to make full disclosure of their assets, liabilities, and net worth through their SALNs.

"Let us not forget Mr. Corona's proposal, which he did not allow anyone to challenge by confronting him in court, that to his mind, a Republic Act holds supreme over this clear mandate of the Constitution," Malacañang added.

By Jojo Malig, ABS-CBNnews.com