Ideal Scenario: a March 23 verdict, or Earlier, on the CJ Corona Case

Will Renato Corona wear a crown of thorns on Holy Week, agonize in the garden while waiting as the judges take a break, or find his resurrection as a man cleared of charges in the country’s first impeachment trial of a chief justice?ion was raised Sunday after a Senate leader explained the ideal timetable for the senator-judges.When the Senate goes on its Holy Week recess two months from now, the senator-judges of the impeachment court hearing the case against Chief Justice Corona hope to have completed the trial and handed down a verdict either clearing him or declaring him unfit for such high office.

This question was raised Sunday after a Senate leader explained the ideal timetable for the senator-judges.When the Senate goes on its Holy Week recess two months from now, the senator-judges of the impeachment court hearing the case against Chief Justice Corona hope to have completed the trial and handed down a verdict either clearing him or declaring him unfit for such high office.

According to Majority Leader Vicente Sotto III, the ideal scenario is a March 23 deadline for the Impeachment Court to hand down a verdict on the case that will be tried starting Monday, January 16, against Corona for betrayal of public trust and culpable violation of the Constitution, among others.

At least 188 members of the House of Representatives signed the complaint, making this only the third impeachment case to reach the Senate.

Sotto said on Sunday all is set for Monday’s start of the trial. Earlier speculations had said the process could take as short as one month to several months as parties in the case, in the view of political analysts, might try to “stretch” the highly publicized drama as the country enters “campaign mode” for the 2013 midterm polls.

Warning vs protracted trial

Economists, however, joined by Sen. Ralph Recto on Saturday, have warned that a protracted trial could drag down the economy.

Still, Sotto said the Senator-Judges are really hoping to finish impeachment hearings before Congress adjourns for the Holy Week recess in late March.

It resumes regular sessions on May 7—a long gap that is not really good for all; hence, the importance of trying to finish the trial by March 23.

The country’s last impeachment trial, of then President Joseph Estrada in December 2000, was aborted after one and a half months when the House prosecutors walked out over the senator-judges’ refusal to open the so-called “second envelop” because this was not part of the evidence so tagged. The walkout led to Edsa 2, a massive protest that critics later said was a contrived “coup” by parties loyal to Estrada’s vice president, Gloria Macapagal Arroyo.

Amid serious constitutional questions, she was sworn in as president and ruled for nine years; hence, the concern raised this time around about unduly stretching the impeachment process as tensions rise and political risks heighten.

Still, Sotto said he does not see the entire process stretching over a year.

“So, we should have finished the Corona trial by March 23,” Sotto explained in a radio interview. “If no verdict is reached by then uulitin namin ang proceedings when we come back but we will no longer allow further delays...after the prosecution and defense complete their summations, the Senator Judges will then vote to render their verdicts on each of the eight Articles of Impeachment against Corona.”

Process explained

Sotto explained the process: “Once the oral arguments on both sides are done, we will vote on the Articles one by one. If he (Corona) is found guilty in one Article, he will be removed even if he is found to be not guilty on the seven other Articles; but we would need 16 votes to convict.”

In a separate development, Senate President Juan Ponce Enrile said he expects the Corona impeachment trial to be an “intellectual combat” between House prosecutors backed by dozens of volunteer private lawyers; and a battery of defense lawyers led by a seasoned litigator, former SC Justice Serafin Cuevas.

Closed-door caucus

On Sunday, Sotto said the senator-judges will first meet in caucus to get a consensus on how to act with dispatch on the first set of motions filed by prosecution and defense counsels—one seeking to delay, even scuttle the trial completely and another praying for its quick unfolding.

Defense lawyers also indicated earlier that Corona may opt to appear at his trial Monday and sit at the gallery, but he need not be put on the stand, Sotto explained, since the impeachment trial, unlike regular court trials, does not include an arraignment where the accused must enter a plea of innocence or guilt.

The original schedule is to wrap up the regular Senate sessions by 12 noon Monday and go to trial at 2 p.m., but according to Sotto, “We will try hard to finish our Monday legislative session by 11 a.m. so we can hold a caucus to discuss the agenda of the Impeachment Court which we will proceed to convene at 2 p.m..”

The trial opens with a prayer and singing of the national anthem. Then Senate President Enrile, who will preside over the impeachment proceedings, will make a brief opening statement and tell prosecution and defense lawyers to enter their appearances before the Court.

In order to fast-track proceedings, the senators agreed to discuss the pleadings and other motions earlier filed by the contending camps during their closed-door caucus.

The closed-door caucus is not meant to keep the public out of the deliberations. “There is nothing hidden in the caucus; we will decide the motions by vote and the Court will always act as one.”

Among the first motions to be taken up on Monday’s trial is the defense panel’s motion for a preliminary hearing on alleged procedural flaws in the submission of the eight Articles of Impeachment. There is as well a motion to cite House prosecutors in contempt for releasing through the media evidence of Corona’s alleged unexplained wealth, outside the Impeachment Court.

Counter motions have also been filed by the House prosecutors asking the senators to scuttle the defense motion to dismiss Corona’s case outright.

Senator-judges have two minutes each to ask questions of both prosecution and defense in order to allow other members of the Court to throw questions during the trial, set from 2 p.m. onward from Mondays to Thursdays.*