Estrada’s House allies out to weaken prosecution

Allies of embattled President Estrada in the House of Representatives are out to weaken the 11-member panel prosecuting him in his impeachment trial in the Senate, opposition congressmen said yesterday.

They said "Erap quarterbacks" in the chamber have mounted a two-pronged move to undermine the prosecution, depriving it of private lawyers and denying it the balance of its operating budget.

Rep. Ralph Recto (Independent, Batangas) said a group within the ruling Lapian ng Masang Pilipino (LAMP) coalition is toying with the "dangerous idea" of withholding the remaining P3 million of the prosecutors’ P5-million budget primarily to force them to dump their private lawyers.

"There are agitators who would like the House to invoke its power over the purse. Their reasoning is that if the prosecutors won’t toe the line, they will lose their allowance," he said.

He said the proposal of the "ruling party hawks," if its succeeds, will throw a monkey wrench on the "superb performance" so far of the 11-member House panel.

Recto, a former LAMP member who now belongs to the minority, appealed to the "sense of fair play and statesmanship" of Speaker Arnulfo Fuentebella to stop the move and continue to support the prosecutors with funds.

Asked to react on Recto’s revelation, Assistant Majority Leader Rodolfo Albano (NPC, Isabela) said minority congressmen "are just imagining things."

"The prosecution is weak. They should not blame us for that," he said. Albano said it is the understanding between the House leadership and the prosecution panel that the P3-million balance will be released once the P2-million initial budget is accounted for in detail.

Deputy Speaker Gerry Espina also belied Recto’s claim that the remaining P3 million will be scrapped.

"There is no truth to that. In fact, the chamber has already given them (prosecution) for their initial expenses. After the liquidation, the House will release the balance of P3 million," Espina said in a statement.

Prosecution panel spokesman Rep. Edmund Reyes of Marinduque said there is no logic in the clamor of some administration congressmen to deprive prosecutors of the services of private lawyers.

"If the accused is entitled to the best defense, the prosecution should not be handcuffed and should be given the same privilege," he said.

Questions were raised about the participation of private lawyers when Samuel Marcelo, a fifth placer in the 1979 Bar examinations, guided the prosecution’s star witness, Ilocos Sur Gov. Luis "Chavit" Singson, in his testimony in the President’s impeachment trial starting last Wednesday.

Reyes said Marcelo and other private lawyers have been participants in the proceedings from the beginning.

"In fact, they were signatories to the prosecution’s reply to Mr. Estrada’s answer to the impeachment complaint and the defense did not raise any objections," he said.

Reyes also urged members of the impeachment court and the public not to be distracted by questions about the participation of private lawyers.

"Let us refocus our attention to the accused, the President, who is the one on trial, and the evidence against him," he said.

Former Speaker Manuel Villar said the use of private counsel by the House prosecution panel is "perfectly legal" and that attempts to question it are clearly aimed at delaying the proceedings and "obstructing the truth."

"The House has given plenary powers to the 11 prosecutors and they can try this case as they see fit and that includes the use of private lawyers," he said.

"The Chief Justice has made his ruling to allow the use of a private counsel and this must be respected by everyone as it puts the issue to rest," Villar said.

Ilocos Sur Rep. Salacnib Baterina, one of the 11 prosecutors, said even if allies of the President in the House deny funds for the panel, private lawyers will help the prosecution.

"They have volunteered their services for free. As far as I know, they are not receiving any remuneration," he said.

He said the resolution filed by Rep. Didagen Dilangalen (NPC, Maguindanao) which seeks to disallow the hiring of private lawyers by the prosecution is intended to emasculate the prosecutors.

Baterina said that if the panel were composed of non-lawyers and it is prohibited from engaging the services of lawyers, the accused walks free.

On the other hand, Dilangalen said members of the minority bloc in the House have no one but themselves to blame for the dismal performance of the prosecution panel.

"The preparation of the Articles of Impeachment was done in a haphazard manner. Did the prosecution think that the defense panel would not harp on the many loopholes that the minority ignored from the start?" Dilangalen asked.

He also questioned the prosecution’s continuing insistence to include as evidence matters not taken up in the original impeachment complaint, citing as example the current controversy on whether to admit as evidence the Equitable-PCIBank documents on alleged funds used to purchase the so-called "Boracay" mansion in New Manila, Quezon City.