Defense readies witnesses

MANILA, Philippines - The defense panel in the impeachment trial of Chief Justice Renato Corona has lined up a number of witnesses to testify on the alleged defect of the Articles of Impeachment transmitted by the House of Representatives to the Senate.

Lawyer Tranquil Salvador III, a spokesman for the defense panel, said at least two congressmen are expected to testify for them on the first day of their presentation tomorrow.

So far, only Navotas Rep. Tobias Tiangco is certain to testify on matters pertaining to the defective nature of the impeachment complaint as a voluntary witness.

Salvador said Batangas Rep. Hermilando Mandanas could also be presented as a witness even though the lawmaker has stated he would only testify if a subpoena was issued.

Salvador said the first part of their presentation is what is called an affirmative defense, where the defendant would present additional facts that may not be part of the complaint in order to help the case.

In this particular case, Salvador said the defense panel would prove that the impeachment complaint was defective from the start because it failed to satisfy the minimum requirements set by the Constitution.

“This is the root of the entire controversy, the articles that are embodied in the impeachment complaint. There is no foundation on which the three articles will stand on,” Salvador said.

The defense has always claimed the complaint was not verified as required by the Constitution and many of those who signed it were not even able to read it.

Tiangco was a member of the majority bloc in the House of Representatives but decided to break away after denouncing the alleged railroading of the impeachment process by his colleagues.

Mandanas, like Tiangco, did not sign the complaint because he did not have time to study it.

Salvador said the defense panel wanted to present its affirmative defense at the start of the trial. He said they were ready to ask the two congressmen to testify on this but they were not allowed by the impeachment court.

While the arguments that would be raised in the affirmative defense do not form part of the Articles of Impeachment, Salvador said it would be considered by the senator-judges when they make their decision.

“It will now amount as one of our defenses. It may have an impact on the way they vote on the three articles,” Salvador said.

“It is where the articles will have to stand. If the complaint is defective, it is like a body with all of its parts but it has no soul. The body of the complaint, without the spirit, which is the compliance with the requirements of the Constitution, it should necessarily die or in this case, fail,” he added.

After the affirmative defense, Salvador said they would go into the three articles argued by the prosecution but not necessarily in the same sequence that was presented.

“We will have our own presentation. Don’t expect that we will be presenting in the same manner as the prosecution,” he said.

Apart from the congressmen, the defense has also confirmed the wife of the Chief Justice, Ma. Cristina Corona, would be taking the witness stand to testify on the statements of assets, liabilities and net worth (SALN) of her husband.

While the defense panel has repeatedly aired the possibility of Corona testifying in his own trial, Salvador said this would still depend on the need for this.

“The observers and media would also like us to give a categorical statement on this. But it is not our obligation to disclose if he will testify,” Salvador said.

“We don’t want to lay our case in public. This has always been an issue. Let the witnesses be presented in court,” he added.

While the question of whether the chief magistrate would actually testify remains unanswered, Corona has taken to defending himself in public in a series of television and radio interviews.

Salvador said the media interviews should not be seen as anything but his desire to be heard in the spirit of fairness.

He said the Chief Justice has for the last three months been subjected to all kinds of attacks during which he has remained silent.

“He (Corona) has been pictured in so many ways. He has been discredited in a way and manner that they feel has to be done. Now it has reached a point that he feels he has to share his thoughts to the public,” Salvador said.

Among the more recent issues Salvador cited was the report about Corona’s alleged ownership of 31 firearms. He said this has absolutely no relevance to the impeachment complaint.

“This is totally immaterial to the case. At the very least, this is a way to destroy the character of the Chief Justice. They are trying to demonize the accused, the Chief Justice, even before he is presented before the witness stand. It they could put some horns on his head they would do it,” Salvador said.

Salvador said Corona decided to break his silence because just like anybody else who has been subjected to a beating for some time already, he deserves a chance to defend himself.

He said Corona shared his thoughts on a number of issues but never touched on the merits of the case.

“The accused, at this point in time, should be given an opportunity to share his thoughts. Let the people decide who is telling the truth,” Salvador said.

“The guy has been beaten up for the past three months. He had just two days (to share his thoughts in the interviews), what’s wrong with that? He’s only human. He has been subjected to trial by publicity. All they are asking for is a sense of fairness,” he added.