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TALK of the TOWN

DEFINITIONS

PHILIPPINE DAILY INQUIRER

SUNDAY, JANUARY 15, 2012

Please send feedback to jsarmiento@inquirer.com.ph

Editor Juan V. Sarmiento Jr.

Impeachment trial scorecard

Betrayal of public trust: intentionally undefined, catch-all
impeachment ground

Culpable violation of the Constitution: willful violation

of the Constitution

O
fairs.

By Oscar Franklin B. Tan*

PART 8

N THE SUPREME Court, Judge Learned Hand quipped it would be

Article 5: Flip-flopping judgments

Prosecution Corona failed to exercise leadership to stop flip-flopping The Supreme Court changed the final decision, twice, on conversion of 16 municipalities into cities; the first time was due to personal letters from Mendoza and local executives The tribunal changed the final decision on the creation of the Dinagat Island province after motions by prospective officials not parties to the case

PART 1
Court decisions (without changing winners)?

most irksome to be ruled by a bevy of Platonic Guardians ... I should miss the stimulus of living in a society where I have, at least theoretically, some part in the direction of public afRule of law demands not mechanical adherence but active scrutiny of our developing constitutional tradition. Impeachment is the most political of political exercises and Sen. Antonio Trillanes IV for ex, ample, intends to use political acceptability as the sole criterion for his vote. It falls to each citizen to form a critical opinion of the impeachments progress and this outline of prosecution and defense pleadings aims to help one keep score. PART 5

Issue: May impeachment examine doctrines developed in Supreme Raul Pangalangan

(Former UP Law Dean)

the Constitutions The people areis their designated ultimate interpreters Impeachment check and balance, through elected representatives, to demand accountability and correct a constitutional interpretation that has no resonance Prosecution Supreme Court decisions show Chief Justice Renato Corona s bias; the Impeachment Court is not asked to reverse them

Defense Corona voted consistently for conversion Letters were received before Corona became a justice The Supreme Court upheld decision after the letters; flip-flops came later Allowing reconsideration of decisions is uncommon but not unprecedented; justices may change minds Holding Corona liable is unwarranted review of collegial decisions The Dinagat Island case is pending, may not be discussed

PART 9

Fr. Joaquin Bernas

(Ateneo Law Dean Emeritus) power to interpret the The Supreme Court hassovereignty in electionsConstitution The people only assert and plebiscites, not in survey results and rallies Defense Under separation of powers, the Impeachment Court may not review Supreme Court decisions

Article 6: Exoneration from plagiarism

Plagiarism found in decision against World War II comfort women" Prosecution Corona formed an ethics committee, chaired by him, to determine the authors guilt, allegedly to exonerate and preempt impeachment Supreme Court doctrine: Justices must be impeached; administrative investigation is disallowed if removal is the possible penalty The court may discipline lower judges only; cases of justices involved acted as bar examiners, one who was punished already retired

PART 2

Article 2: Withheld SALN

CONST. Art. XI, 17: Justices must disclose to the public statements of assets, liabilities and net worth (SALNs) as prescribed by law. (Corona files his SALN with the Supreme Court but does not disclose it.) Prosecution Republic Act No. 6713 requires SALNs to be publicly available; Supreme Court guidelines cannot amend law Corona did not disclose his SALN when an NGO requested it SALN excludes high-value properties, including a 300-square-meter unit in the Bellagio in Bonifacio Global City, contrary to anticorruption law

Issue: May Corona be impeached even though he represents only one

Supreme Court vote?

Prosecution Corona is accountable individually for the votes; a criminal is not absolved if fellow conspirators are not prosecuted Corona abused broad administrative powers; engineered temporary restraining order (TRO) allowing former President Gloria Macapagal-Arroyo (GMA) to flee from the country and suppressed Justice Ma. Lourdes Serenos dissenting opinion Corona presented himself as embodying the judiciary

Defense The ethics committee was created under Chief Justice Reynato Puno The committee only recommends; the Supreme Court may refer a case for impeachment or impose lesser sanctions The Supreme Court voted to dismiss charges, Corona was only one vote The Supreme Court may discipline justices, as the Constitution grants it supervision over all courts; the tribunal disciplined justices in the bar exam impropriety and the leak of documents to a litigant

Defense Punishing one but not the other for identical acts is not law Corona is not liable for decisions of a collegial body

Defense Republic Act No. 6713 disallows SALNs from being obtained contrary to public policy Supreme Court 1989 guidelines allow SALNs to be withheld to protect judges from harassment Corona disclosed the Bellagio penthouse in his SALN; assets are mostly from his professional toils

Article 7: Issuance of TRO to let GMA travel

GMA, husband challenged prohibition on their travel abroad Prosecution Using administrative powers as Chief Justice, Corona engineered the TRO, issued with no hearing, allowing GMA to flee from the country The Supreme Court initially voted that the TRO was not effective due to noncompliance with one condition, according to Serenos opinion (supported and contradicted by other justices opinions), but Corona caused the Court spokesperson to tell the public that it was in full force Sereno alleged that Corona suppressed her opinion, which described anomalies in the TRO issuance The TRO let husband travel but only GMA allegedly needed treatment

PART 10

PART 6 PART 3

Article 3: Lack of integrity

CONST. Art. VIII, 7(3): A judge must have proven competence, integrity, probity and independence

Preliminary: Verification
CONST. Art. XI, 3(4): In case the verified complaint or resolution of impeachment is filed by at least one-third of all the Members of the House trial by the Senate shall forthwith proceed. Verified in Rules of Court means accompanied by affidavit that affiant has read document and allegations are true and correct based on personal knowledge or authentic records. Prosecution Legal presumption that members of the House of Representatives perform duties regularly; no House member withdrew his or her signature Despite hearsay reports, there is no evidence that less than onethird of House members failed to read the complaint Verification by one person is sufficient Technicalities are barred; trial proceeds after one-third of House members filed the complaint Defense House members publicly admitted that they had no opportunity to read the complaint and were offered material considerations to sign it Verification is a constitutional requirement, not a mere technicality

Article 3A: Estelito Mendoza letter

Prosecution
The Supreme Court flip-flopped on the final decision on Philippine Airlines (PAL) flight attendants; ruled against them after personal letter from Mendoza (alleged lawyer for GMA), with no opportunity for them to comment Corona is not listed among nonparticipating justices in 2011 PAL resolution Reasonable suspicion of bias means lack of probity

Defense Justices deliberated the TRO extensively and considered previous arguments of the Solicitor General The Supreme Court voted the TRO effective but would lift it if conditions were unmet within five days Corona is not liable for collegial decisions Consolidation of husbands case was due to the common issue of right to travel

Defense
Letters treated as official communication are not secret Corona inhibited himself from PAL case PAL case is pending, may not be discussed

PART 11

Article 8: Lack of financial transparency

Prosecution Corona refuses to report on special funds status and to remit collections of P5.38 billion to Treasury P559.5 million of funds misstated Financial reports were belatedly made on the day he was impeached Defense Charges attack the Supreme Courts fiscal autonomy; also raised against Chief Justices Hilario Davide Jr. and Andres Narvasa Misstated balance before Coronas appointment The tribunal made reports to the Department of Budget and Management (DBM), provided vouchers to the Commission on Audit Questioned collections under Supreme Court control pursuant to the SC-DBM memo need not be remitted

Article 3B: Wifes John Hay appointment

Prosecution
Coronas wife to Unethical forthen chair of Johnbe appointed board member Hay Management Corp. (JHMC) by GMA, who wrote letters to support her

Defense

PART 4

Article 1A: Unconstitutional midnight appointment

GMA appointed the Chief Justice on May 17, 2010, after the elections and 43 days before her term ended Prosecution CONST. Art. VII, 17: Beginning two months before the presidential election, the President shall not make appointments President Diosdado Macapagal nullified his predecessors midnight appointments, the Supreme Court upheld because the outgoing President cannot obstruct his successor Bernas in 2010: any person who accepted the post of Chief Justice from Mrs. Arroyo would open himself or herself to impeachment

Coronas wife was appointed to JHMC board 2001, before Corona was appointed Justice in Wife can pursue own government career

Article 3C: Vizconde massacre case

Prosecution
to meet Lauro Vizconde and Vizcondes known Unethical for Coronaanticorruption laws to discuss confidential details supporter; illegal under of the Supreme Court case

ASSAILED DECISIONS OF CORONA

Coronas allegedly biased voting seen in:

Defense

Corona met the head of an anticrime NGO, did not know Vizconde would come They initiated discussion on the case, not Corona
PART 7

Defense CONST. Art. VIII, 4(1): Any Supreme Court vacancy shall be filled within 90 days The Supreme Court ruled that there was no midnight appointment

Article 4: Ombudsman impeachment restrained

The tribunal restrained the House committee on justice from pursuing the impeachment of former Ombudsman Merceditas Gutierrez Prosecution
petition within 24 hours over The order was issued Sereno, some justicesobjections of three justices and before, according to even received copies of the

Article 1B: Bias Corona voted pro-GMA in 78 percent of decisions according to a Newsbreak study

Prosecution

Defense Corona is only one vote in a collegial body No rule for a Justice to inhibit against the President who appointed him In another study of 125 decisions, Corona voted pro-GMA in only 29 percent

Court rules assign one Supremeauthorize prompt actionJustice to prepare a report on the TRO petition and Justices deliberated extensively
*(OSCAR FRANKLIN B. TAN [OSCARFRANKLIN.TAN@YAHOO.COM.PH] IS AN INTERNATIONAL CORPORATE LAWYER WITH JONES DAY, ONE OF THE WORLDS LARGEST LAW FIRMS. HE WAS CHAIR OF THE PHILIPPINE LAW JOURNAL IN 2005, TWICE WON UP LAWS CORTES PRIZE IN CONSTITUTIONAL LAW AND WAS STUDENT SPEAKER AT HIS 2007 HARVARD LAW SCHOOL GRADUATION.)

PAGE DESIGN BY ERNIE SAMBO

Although the Supreme Court is collegial, Corona consistently voted proGMA (See 15 major cases in sidebar.)

Defense

TRO for GMA travelto investigate GMA Truth Commission Midnight appointmentscreation (allegedly for Camarines Sur district GMA son candidacy) Peoples initiative to amend Constitution 1017 (virtual Proclamation No.declaration martial law) State of rebellion wiretaps Garci Airing of Helloofficials attending congressional Gag orders on hearings Executive Order No. 464 and executive privilege Refusal of Secretary Romulo Neri to appear in Senate NBN-ZTE hearings and Jpepa Executive privilegepresidentialcommunications Disqualification of candidate Fernando Poe Jr. Appointments without Commission on Appointments confirmation Comelec-Mega Pacific computerization contract