MANILA, Philippines - The petition of Chief Justice Renato Corona seeking to stop his trial before the Senate impeachment court has been assigned to an appointee of President Aquino.
The case was raffled off to Associate Justice Estela Perlas-Bernabe last Monday following Associate Justice Presbitero Velasco Jr.’s motion to inhibit last week.
As member-in-charge, Bernabe will decide on Corona’s motion asking the court to issue a temporary restraining order (TRO) on the impeachment trial for alleged violation of petitioner’s right to due process.
She is also tasked to write the SC’s decision on the separate petition of Philippine Savings Bank (PSBank) against the subpoena issued by the impeach court on the five foreign currency accounts reportedly in the name of Corona.
Bernabe is the third member of the high court appointed by Aquino. The first two are Justices Ma. Lourdes Sereno and Bienvenido Reyes.
The magistrate, however, was not present in full-court session of the high court yesterday because she is in Bali, Indonesia attending the ASEAN Law Association meeting, according to her office.
In the petition of PSBank, Bernabe voted with the minority opinion of five magistrates against the issuance of TRO enjoining the Senate from implementing the subpoena.
The SC earlier ordered the Senate, House prosecutors, PSBank and BPI to answer the Chief Justice’s urgent petition within 10 days from receipt of notice.
However, Corona filed a supplemental petition last Monday accusing senator-judges Franklin Drilon, Serge Osmeña III, Francis Pangilinan, Alan Peter Cayetano and Teofisto Guingona III of aiding the House prosecutors in their “witch-hunt and fishing expedition” for evidence to boost their impeachment case against him.
“What is obvious is that the senator-judges allied with President Aquino have allowed, instead of prevented, the prosecution to use these impeachment proceedings as ‘a fishing expedition’ for evidence and to destroy petitioner’s character, integrity and reputation,” Corona said.
Corona also branded Drilon’s opinion that the impeachment proceedings do not call for the cold neutrality of an impartial judge as “oppressive and blatantly violative.”
According to SC spokesman Midas Marquez, the high court already took note of the Chief Justice’s new allegation.
In his initial petition filed last Feb. 8, Corona asked his fellow justices to issue a TRO enjoining the Senate from proceeding with the impeachment proceedings and declare the complaint filed by the House of Representatives last December null and void ab initio (from the start).
“The impeachment complaint is null and void because it was transmitted without due notice and hearing to CJ Corona. A simple reading of the Articles of Impeachment will show that probable cause to impeach CJ Corona has not been established. Per force of circumstance, this impeachment proceeding is riddled with constitutional defects too numerous to withstand even cursory legal scrutiny,” his lawyers led by retired SC Justice Serafin Cuevas argued.
Corona lamented that his right to due process was violated when the Articles of Impeachment was approved by 188 congressmen during a five-hour meeting last Dec. 12. He cited that many signatories have already admitted that they did not read the complaint.
Impeachment trial can help strengthen Filipinos
A Catholic official urged the people yesterday to use the on-going impeachment trial of Corona to purify the Filipino integrity and culture.
Manila Archbishop Luis Antonio Tagle explained that the impeachment proceeding is a chance “for us to call on ourselves, especially the people in public and government service, to take this opportunity to develop a real Filipino culture. Let us be a people of integrity.”
The Manila prelate added although he is saddened that the country’s history is filled with presidents and top officials who have fallen in disgrace, he is still optimistic that with God’s grace, the impeachment process will be a success.
“May good, truth, justice govern every person involved in the trial. What human laws and procedures cannot achieve, may the spirit of the Lord through our supplication,” he said. – With Evelyn Macarian