The prosecution, the defense, and the judges

Intrinsically, the impeachment case should be decided based solely on the merit,that means depending on the strength of the evidence for the prosecution and the defense. That is the ideal scenario. But this is the world of human animals and this is the Philippines. Extrinsically, the decision shall very much depend on the quality of the prosecution, the effectiveness of the dfense, and the wisdom, competence, and probity of the judges.

The House Prosecution panel is led by Batangas 2nd District Rep. Gerville Luistro, with Mamamayang Liberal's Leila de Lima, Akbayan's Chel Diokno, Manila 3rd District representative Joel Chua, Bicol Saro's Terry Ridon, San Juan's Ysabel Maria Zamora, Cagayan de Oro's Lordan Suan, Bukidnon's Jonathan Keith Flores, 1-Riders' Rodge Gutierrez, Dinaga'ts Arlene Bag-ao, and my former UST Law student, Lorenz Defensor. I am not sure if this team of lawyers could match up with the battery of defense attorneys for the vice president.

While I hold the prosecution team in high esteem, I have serious doubts about their experience in trial practice, with the exceptions, of course, of Luistro, De Lima, and Diokno. Although all of them are lawyers of high caliber, with solid academic credentials, I do not know of high-profile cases that they have handled and won. I cannot help but compare them with the prosecutors in the Corona impeachment which included representatives Raul Daza, Sonny Angara, Neil Tupas Jr., Rudy Farinas, Elpidio Barzaga, Reynaldo Umali, Neri Colmenares, Marlyn Aggabas, Georgidi Aggabao, Joseph Abaya, and Arlene Bag-ao.

The vice president's defense team is led by the famous Attorneys Philip Sigred Fortun and Gregorio Narvasa II of the gilded Fortun Narvasa Law Firm backed up by lawyers Sheila Sison, Carlo Joaquin Narvasa, Michael Wesley Poa, Reynold Munsayac, Roberto Batungbacal, Justin Nicol Gular, Lindon Miguel Bacquel, David Ronell Golla VII, Maria Selena Golda Fortun, Clarlaine Radoc, Francesca Marie Flores, Miguel Carlos Fernandez, Mark Vinluan, Ralph Bodota. Seventeen lawyers are too many and too many cooks may spoil the broth.

The 24 senator-judges include the five lawyers, namely Alan Peter Cayetano, Pia Cayetano, Francis Escudero, Rodante Marcoleta, and Kiko Pangilinan. The 19 non-lawyers are Migz Zubiri, Mark Villar, Camille Villar, Joel Villanueva, Raffy Tulfo, Erwin Tulfo, Tito Sotto, Imee Marcos, Loren Legarda, Ping Lacson, Risa Hontiveros, Bong Go, Win Gatchalian, Jinggoy Estrada, JV Ejercito, Bam Aquino, the Supremo Lito Lapid, the now-famous marathon runner, Bato dela Rosa, and the experienced constitutionalist Robinhood Padilla, expert in Criminal Law.

I predict that the prosecution panel will be dominated by the three legal eagles, the Bar topnotcher, and former DOJ secretary, and former senator, Leila de Lima, famous Dean Chel Diokno, son of the legal paragon Jose W. Diokno, number one in the Bar exams and former DOJ secretary under the Diosdado Macapagal administration, and the former DOJ state counsel as well as chairperson of the House Justice Committee, Jinky Luistro. These three shall take turns in presenting testimonial and documentary evidence to constitute overwhelming evidence against the vice president.

Sigfrid Fortun might be the best shining star in the legal universe among all defense lawyers, prosecutors and even compared to the senator/judges. Born in 1958 and admitted to the Philippine Bar in 1984, he earned multiple awards and recognition as an experienced expert in trial practice, maritime law, and trademark, patent, and intellectual property law. The Asia Business Law Journal selected him as one of the Top 100 Lawyers in the whole Philippines. The Asia Pacific Legal 500 consistently named Sigfrid as one of the best in the whole Asia and the Pacific. His attorney's fees must run into multi-millions.

The performance of the prosecutors and the defense team should be matched by the actuations, quality of questions, and parliamentary wisdom and demeanor of the senator-judges. I think that Senator Kiko Pangilinan will have his hands full trying to balance out the obvious slants and already-declared opinions of such characters as the two Cayetano siblings, Francis Escudero, and Rodante Marcoleta. We already know the well-honed expertise of the new SP as well as of Marcoleta and Escudero in crafting high-sounding words to put forward his mastery of the legalistic gobbledygook so as to confuse or irritate the opponents.

At the end of the day, however, we hope and trust that substantive justice shall prevail over the defense's propensity to impede, delay, and derail the proceedings in the name of their usual argumentum ad absurdum and various antics couched in elegantly-disguised hermeneutics.