Delos Santos: Legal technicalities by the defense

Thursday, February 9, 2012

CONTRARY to claims by some circles that an impeachment trial is to be decided by the public’s perception of guilt or innocence, it is actually a legal proceeding to be decided on the basis of facts. While the requirement of proof beyond reasonable doubt may not apply, nonetheless, the pertinent and applicable laws of the land should be the basis for the Impeachment Court to render judgment. To decide otherwise, especially on the basis of public perception, would be a surrender to mob rule.

This is why I am surprised when even some senators would criticize the defense for resorting to technicalities. My goodness! We are trying a person for everything he holds dear and while it may be said that the impeachment trial does not mean the accused forfeiting his life if found guilty, what is at stake for him are values dearer than life – his honor and those of his loved ones.

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This is why congressmen like Tupas and senators like Drilon need to understand that, while they rush to judgment, because anyway, Corona’s conviction does not mean his going to the electric chair, there are values, much more life that they seek to trample upon.

Tupas and Drilon should heed that admonition inscribed on the sala of long-forgotten judge, saying: “Think, that ye maybe mistaken”.

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The prosecutor’s prioritizing charge number 2 of the impeachment complaint is obviously to pander to the mob’s inclination to believe the worst in the accused. The other charges, such as Corona’s partiality towards the former president, do not excite the mob more than its thirst to lynch a thief. This explains why the prosecution is in a hurry to throw all the dirt at Corona, even to the extent of disregarding legal procedures and ancient jurisprudence.

When the defense called attention to the irregular manner the prosecution asserts in order to speed up the lynching of the Chief Justice, it accuses the defense of resorting to “technicalities”. But these “technicalities” are provisions of the law, which as lawyers, the prosecution panel is bound to abide. If that is what the prosecution believes the defense resorts to technicalities, then they better conduct the impeachment of Corona at the market place rather than before a tribunal bound and mandated to observe the law.

Besides, Corona is on trial for the principles and values most people would die for. He is entitled to the maximum defense an accused can put up. He has every right to exhaust all legal remedies available to exonerate him. To shackle him by denying his enjoyment of these legal remedies would make him a hapless target for execution.

If this is what the prosecution wants, then they might as well throw every citadel of liberty through the ages down to the river.
And hang Corona on the nearest public square.

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Vice Governor Lim-ao Alvarez does not hide the fact that he is running for governor in 2013. This supports the wide perception that Gov. Maranon’s health is failing and he may no longer be capable of waging a grueling election campaign.

The vice governor is a consistent performer. Even when he was a congressman, the changes he has brought to the 6th district are worthy of praise. The paved highways leading to Candoni are now easier to traverse. And the people of his district are apparently satisfied, which is why they elected his daughter in his stead.

The fly in Alvarez’ ointment is the report that a son of Freddie Maranon is also set to replace his father. A battle between them will revive the ancient rivalry between the south of Negros and its northern side. Most times, the south had won. Gov. Valeriano Gatuslao and Gov. Alfredo Montelibano held this post until they got tired of it. Will Alvarez repeat their feat?