The Impeachment Trial Update of Renato Corona

"Corona family cannot be compelled to testify"

The impeachment court has denied a motion seeking to compel the Corona family to testify in the impeachment case against Chief Justice Renato Corona Jr. Even Corona himself will not be compelled to take the witness stand, the Senate acting as impeachment court said Tuesday. Citing Article 3, Section 17 of the Constitution, the Senate ruled that Corona, his wife Cristina and their children Carla and Francis, and in-laws Charina and Constantino cannot testify against themselves. "Corona cannot be a witness against himself," the Senate said. "It would violate the constitutional right of Chief Justice against self incrimination if he will be compelled," the court added.

Corona is also not required to attend the proceedings, it added.

Senator-judge Alan Peter Cayetano however moved to reconsider the decision, which wasinitially decided by Senate President, acting as impeachment presiding officer. Enrile then divided the upper House, resulting into 14-6 in favor of sustaining Enrile's earlier decision not to compel the Coronas.

Senators Pia Cayetano, Alan Peter Cayetano, Teofisto Guingona III, Antonio Trillanes, Aquilino "Koko" Pimentel, and Manuel Villar voted for the Coronas to testify. The Senate earlier also denied to subpoena six House members to testify in the trial. The House members were: Tupas, House Speaker Feliciano Belmonte Jr., House Secretary Marilyn Barua-Yap, Cavite Rep. Jesus Remulla, Batangas Rep. Hermilando Mandanas and Navotas City Rep. Tobias Tiangco.

Unlike the first day of the impeachment trial, day two may have more substance with the presentation of evidence and cross examination, an official earlier said. Corona's trial officially starts Tuesday, said Atty. Valentina Cruz, spokesperson of the impeachment court.

 

Like the procedures of criminal cases, the prosecution panel will present their documentary and testimonial evidence for the eight articles of impeachment. And just like in the movies, the prosecution panel will directly examine their witnesses and the defense will have their turn to cross examine. Rep. Sonny Angara, who is among the spokespersons of the prosecution panel, said they will first present evidence for Article II which pertains to Corona’s real estate properties and failure to file statements of assets, liabilities and net worth (SALN).Angara noted they have yet to finalize the list of witnesses they will present but they will definitely present land titles and pertinent documents concerning the questioned properties. Cruz meanwhile revealed that the defense team filed a motion to disallow the appearance of private prosecutors for the House panel.

 

Under the Senate rules on impeachment, private prosecutors are allowed but they will be under the control and supervision of the House panel. However, Senate President Juan Ponce Enrile, presiding officer of the impeachment court, disallowed private counsel Mario Bautistia to deliver the opening statement for the prosecution team on Monday.Enrile ruled that private prosecutors are only allowed to present evidence but are prohibited to conduct legal argumentation against the defense team.

 

Rep. Miro Quimbo, another spokesperson of the prosecution panel, said they will for ask for a clarification regarding the court’s decision. He noted that during the impeachment trial of former president Joseph Estrada back in 2000, there was no distinction between the private and public prosecutors of the House panel and private prosecutors are free to perform any duties.

 

“We are up against a battery of the best litigation team in town. What we’re after is fairness. But whatever the Senate will decide, we shall comply,” Quimbo said.