The Philippine Online Chronicles

The prosecution team is once again pleading its case to the public, albeit with more humility. It seems there is a need to remind the public that they are fighting for the truth and they are fighting this case not for their own vested interest but for the well being of the Filipino people.

Is it on purpose?

Lead Prosecutor and Iloilo representative Neil Tupas Jr. revealed that a source had told them that part of the defense team strategy is to make the prosecution team look bad.

This was his startling revelation when being interviewed by Karen Davila in Wednesday's episode of Hot Copy on ABS-CBN News Channel (ANC).

Adobe Flash Player not installed or older than 9.0.115!

Obviously, the prosecution says they are trying their best so they are purposely trying not to make fools of themselves. No one wants a public dressing down and every lawyer wants to win his case. In this instance, they want the Chief Justice Renato Corona removed from office.

Difficulties and challenges

Tupas admitted that the case is highly technical and quite difficult to handle. As it is, the court journal is already littered with objections made by the defense team regarding technicalities pertaining to the case. Some subpoenas were not granted, while others were only issued the day before the witness was brought to testify. They also have to work around the constitutional rights of the accused. At the same time, the senator judges themselves are coming to the hearing well-informed and quite restless to get everything over with before they adjourn for the Lenten week break.

Adobe Flash Player not installed or older than 9.0.115!

According to the lead counsel, this is the reason why the prosecution team needs private prosecutors to handle the case since the lawyer congressmen in the case have been out of practice for a while. This is because they are forbidden to appear in court while serving as representatives of their respective districts. They cannot be expected to know the ins and outs of all the technicalities of the law since they have not faced a courtroom since they have started serving their constituents.

Unique strategy

If this is true, then the defense team is really good!

What else can we expect but the best from the premiere legal minds in the country and alumnus of the most prestigious law schools of the land? This is because if the recent weeks are any indication, the prosecution team has looked unprepared and way over their heads in trying this case.

If what Tupas is saying is true, then it’s certainly a unique and effective strategy of the defense team. What better way to win your case than to make it seem like those accusing you are bumbling fools who have no other agenda than to hog the media spotlight and waste the court’s time with frivolities? Not only would you turn off the very public that you are supposed to be fighting for, but you will also annoy the hell out of the senator judges, probably enough to dismiss the case or at least vote in favor of the defendant.

Adobe Flash Player not installed or older than 9.0.115!

Is it an excuse?

This is a little hard to swallow and take in.

While this may be one of the strategies being employed by the defense team, it really wouldn’t work if the prosecution lawyers themselves didn’t give the other side something to work with.

This is why it seems like this is simply an excuse on the prosecution team’s part to explain all the mistakes they have been making ever since the trials started. Blame it on the defense team. It’s the reason why we look bad!

Doing it on their own

From the very way they drafted the impeachment case, the prosecution team has already come under fire. According to the judges, each offense should have been listed as one article of impeachment, rather than grouping together various instances under one heading. While this may have seemed more organized on paper, it has turned into a nightmare when it comes to proving each point since it has been difficult to present one article at a time since it encompasses so many instances.

The prosecution team isn’t helping their case when they come to court with the documents unmarked. The result is that the day in court is wasted marking the documents instead of focusing on the particulars of the case. This makes the senator judges restless, not to mention that it bores the hell out of the viewing public. It’s simply too tedious!

It doesn’t help when the lead prosecutor can’t explain why he wants more leniency or leeway from the court.

In a case of this magnitude, appearances are everything and swaying public opinion counts as much as the verdict of the judges themselves.

The prosecution team isn’t helping their case then they come to court without having first interviewed their key witnesses. Isn’t this something taught in Witness Examination 101? It was the responsibility of the prosecution team lawyers to brief and prepare the witness so that the lawyers themselves will have an idea what the witness will say. As seen in the fiasco on Day 9, the prosecution team ended up bringing a witness that ended up giving a testimony favorable to the defense.

Change in approach

Neil Tupas must be listening to recent criticism of the media and the senator judges because he is now coming off with more humility. He is reminding the people that they are earnest in their case. What they lack in experience, they make up for in sincerity and a strong desire to reveal the truth to the public and bring justice and credibility back to the highest court in the land.

He is also refraining from discussing much of the case, waiting instead to present in court. He even pleaded his case to the public as a mandate of the Constitution, reminding people that it is his duty as a congressman to seek out the truth and weed out the corrupt. Best of all, he is letting other members of the prosecution team take the floor and is keeping a low profile.

Tupas has also revealed that not all 100 witnesses will be presented, much to the relief of everyone. He reiterated that they are pushing to finish the presentation of evidence before the Senate adjourns at the end of March. If they can pull this off, it will be a quick trial indeed.

We all want the trial to be fair and quick. We also want it to be taken seriously. Everyone should come to court prepared, whether it’s the prosecution, defense or the senators themselves.

At the end of the day, if you try a good case, the truth is on your side and you do your work, any so called strategy of the opposing team won’t work because the people will judge for themselves who is competent, and who isn’t.

Screencap from @ancalerts video.