By Mitchelle L. Palaubsanon (The Freeman) Updated January 29, 2012 12:00 AM
CEBU, Philippines - Senate President Juan Ponce Enrile yesterday said the impeachment case filed against Supreme Court Chief Justice Renato Corona is clearly an attack on the judiciary as an institution.
"You cannot divorce Corona from being the chief justice and as the head of the judiciary. He is being charged as the chief justice. The charges against Corona are not personal crimes. It is an attack on the judiciary. He leads the judiciary," Enrile said in a press conference yesterday morning.
Saying the impeachment complaint against Corona is not just a personal attack on the chief justice, Enrile foresees a constitutional crisis in the event Corona is removed from office.
"A constitutional crisis will happen if the Supreme Court Chief Justice is taken out without preparing the ground," said Enrile without elaborating.
Corona’s critics said the impeachment case against him is not an attack on the judiciary since only the chief justice is being tar geted, not the institution itself.
Enrile, who was in Cebu as guest speaker during the First Leadership Lecture Series of the Gullas Institute of Leadership of the University of the Visayas held at the Cebu Country Club, said that the Senate impeachment tribunal, which he presides, has no timetable as to when the trial will end.
Enrile further said that the betrayal of public trust, graft and corruption, among others, that Corona is accused of are closer to a criminal offense, thus the Rules on Criminal Procedure and the Rules on Evidence are suppletory to the Rules of Impeachment.
"An impeachment is neither a criminal case, nor a civil nor a special proceeding. But the allegations raised in the Articles of Impeachment is closer to a criminal case," the Senate president said.
He explained that to convict the chief justice needs "clear and convincing evidence," not preponderance of evidence that is only applicable to civil cases.
He said that the evidence to prove that the chief justice is guilty beyond reasonable doubt should be noted.
Enrile said it is up to the people to observe whether the senator-judges are biased for the prosecution or defense, adding that the senators are required to exercise political neutrality.
Lawyer Aristotle Batuhan, one of the lawyers in the prosecution panel, had said that five of the 23 senators are allies of the Aquino administration.
They are senators Sergio "Serge" Osmeña III, Antonio Trillanes IV, Panfilo "Ping" Lacson, Aquilino "Koko" Pimentel, Jr. and Francis Joseph "Chiz" Escudero.
Four senators from the Liberal Party, the political party of President Aquino, are accused by Corona’s allies as behind the impeachment move.
They are Senators Francisco Pangilinan, Ralph Recto, Franklin Drilon and Teofisto "TG" Guingona.
There are five senators from the Nacionalista Party: Allan Peter Cayetano, Pilar Juliana "Pia" Cayetano, Ferdinand "Bongbong" Marcos Jr., Manuel Villar and Loren Legarda.
Aside from Enrile, considered independent are Senators Vicente "Tito" Sotto III, Gringo Honasan, Jinggoy Estrada, Edgardo Angara and Miram Defensor-Santiago.
The three senators from the Lakas are senators Ramon "Bong" Revilla, Jr., Manuel "Lito" Lapid and Joker Arroyo.
Batuhan said that they have idea as to how these senators will vote considering that the impeachment is a political process.
He added that what they can do is substantiate the Articles of Impeachment for senator-judges to appreciate. — /LPM - (THE FREEMAN)
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