Issue of January 29, 2012
     
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Boys among men

Congressman Neil Tupas and his cohorts had their best moment of glory when they successfully impeached Chief Justice Renato Corona. With nary an opposition, they were able to file directly with the Senate their articles of impeachment. Asserting eight grounds to have him removed from office, they expressed an arrogant confidence that their case against him is strong. That it can stand the test of judicial scrutiny. They broadcast to all and sundry that they have the necessary tools to overwhelmingly prove his guilt. They thought that they could easily wade through the tide and pressure the Justice to simply resign. It was a procedure that worked effectively in the past when they impeached then Ombudsman Merceditas Gutierrez. The latter, not wanting to explore the anxiety of an impeachment trial, tendered her resignation. Why not now? Why not in the case of Corona?

But, Renato Corona is not Merceditas Gutierrez. He has a broader spectrum when it comes to trials – impeachment and all. He is better versed on the procedures of a long, arduous, and stigmatic litigation. That is why he is the Chief Justice in the first place. He knows when to fight and knows how to do it. Furthermore, he commands under his respect the best lawyers there is in this business. True enough, he is being represented by a living legend among lawyers in the person of Serafin Cuevas, a retired justice of the same Supreme Court who has at the tip of his fingers everything there is to know about the law, substantially and procedurally. His presence alone casts awe among his peers. He lives to teach the law and breaths to apply it. If the law is a religion, he will be the high priest.

Thus, when the strategy of the impeachers miserably failed, they had to prove their cause. When Corona did not resign as they calculated, they had to stand by the bar of an impeachment court, composed of seasoned legislators and litigators, to show that their complaint merits attention. They had no choice. They had to go to trial. They probably did not expect it to go this far. Yet, Tupas, who started it all, had to head a group of tyros to convict one of the most powerful men in our society. They had to lawyer for what they have initiated. Honestly, it looks like they are regretting it. Every minute that the trial is proceeding, it exposes their weakness, if not incompetence in the face of the resistance being asserted by Corona’s defenders. Not really on the substance of the charges but by the manner they are establishing their burden of proof.

Slowly, their confidence is melting like an ice exposed to the scorching sun. They are groping for form in presenting their testimonial and documentary exhibits. They cannot distinguish what is fact and what is evidence. They are clueless on the applicable procedures for the trial. Worst, they are on a “fishing expedition” to substantiate their charges.

It is not only once but several times that, standing before the judges, they were berated, embarrassed, and admonished to be prepared. It was not only once but several times that they had to be bailed out by the Senators who are perceived to be sympathetic to their plight. At this point in time, despite all the glare and glitz of publicity surrounding this impeachment, no lawyer worth his pride would want to trade places with them.

Pitted against seasoned lawyers, this group of politicians appears to be no match. When the going gets tough, they look like boy scouts out to do battle against trained marines. Procedurally, it is really no match. Not even the words “let’s get ready to rumble” could legitimize the comparison by which both sides are performing. For the defense, it is just “another day at the office.”

For the prosecution, it is a learning experience where the best that they can say is “please be lenient.” How could leniency even be contemplated? What is being undertaken here is an extra-ordinary trial where the future of the country leans on the balance. What is at stake here is the stability of the executive and the judicial department of the government. One mistake can easily cause a crisis. And, they had to entrust this to somebody who is more of a politician than a litigator.

I can only wonder why among all those congressmen who initiated the impeachment, they cannot even have the decency to select among themselves those who have vast experience in litigation to head their group? Surely, there are practicing lawyers among them. If they will lose, they will only have themselves to blame. If they will lose, it is not because their evidence is wanting but because their competence is.

Maybe, they selected their panel based on political affiliations. This, after all is the prevailing practice. This may spell their doom, tough. If they continue to believe that this impeachment trial is more of a political game than a fair dispute, they will be proven wrong. The Filipino people watch this with bated breath not only because it has drama into it but more so because it affects their lives.
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