The Philippine Online Chronicles

Granting that the House Panel of Prosecutors appears to be in utter disarray in presenting evidence at the trial before the Senate as an impeachment court against Chief Justice Renato Corona, still the senator--judges have to be more civil in treating their fellow legislators or even their fellow lawyers, whether as private prosecutors or defense counsels. It should not be taken lightly that the impeachment proceedings are covered live on television. Besides, the citizenry has been repeatedly urged to watch closely the impeachment as the hearings unfold.

One very disturbing incident is the way Senator-Judge Miriam Defensor Santiago  lambasted and ridiculed her fellow lawyers, led by House Prosecution Panel Chief Legal Counsel, Cong. Niel Tapaz Jr.  One wonders whether how the ever tantrum--stricken senator--judge would deport herself as part of the International Court of Criminal Justice. Her behavior somehow lends credence to the observation that when some become dispensers of justice, they already behave like gods and goddesses.

The prosecution and defense lawyers are professionals too. They deserve a certain level of respect. They too are successful barristers. Now, if they have displayed some inadequacies, then in a more civilized manner, their attention may be called.

Admittedly, at the rate some lawyers having their respective roles in the impeachment proceedings are conducting themselves, it is very tempting to say that they are being too jumpy to the extent of being overly zealous, particularly on the matter of improper or inadequate payment of taxes. A case of indenticality or similarity of practices in complying with tax obligations?

On the oft repeated discussion of liberality vs. technicality, it has to be clarified that the house panel is not asking that the senators--jurors, be 'liberals'', no pun intended. Rather, they are asking for flexibility in ruling on the issue of whether certain documents may be made public or not. Although, at this juncture, ruling on the admissibility or inadmissibility of certain evidence is too premature because they have not yet been formally offered for specific purposes, still immediately disallowing or denying the putting into the records of such documents may be suspected as one way of suppressing evidence.

Of course in ordinary court proceedings, making public yet unoffered evidence is a big NO. NO. But it should be borne in mind that what is being tried is the impeachment of CJ Corona, which process may be semi-judicial and quasi political. Remember that majority of the senator-judges are non lawyers.

Frequent resort therefore to technicality should be reasonably avoided. Otherwise, the people will cry foul.

As to the gripe of Senator-Judge Santiago that during the impeachment proceedings against former president Joseph Estrada, when she, together with the majority, disapproved the opening of an envelope, she    and her allies were demonized, she need not entertain such apprehension. Demonizing her by others is unnecessary.

Be that as it may, it should not be forgotten that ERAP had been convicted by the Sandiganbayan for plunder, only that former president, now congresswoman Gloria Macapagal Arroyo, granted him pardon. So even if the claim that the controversial envelope contained nothing derogatory to the former president is true, the question is, why did the majority of senator judges obstruct its opening? A case of baseless apprehension, or excessive resort to technicalities?

Whatever, the appeal that she be accorded more understanding because the senator-judge is ill is unfair, not only to the public but to Senator Santiago, herself. In Pilipino, being treated as ''pasensiyahan'' implies an ailment, whatever it may be. Now, if by asking the public to be more patient to the lady senator-judge, Senate President Juan Ponce Enrile meant that she is suffering from illness, then there is a better place for her, in the meantime, but not at the senate sitting as an impeachment court.

Photo from Philippine Senate photo release. Some rights reserved.