Defense moves to keep Drilon out of trial

Thursday, January 26, 2012

MANILA--The defense lawyers of Chief Justice Renato Corona have asked the Senate for the "recusal, inhibition, or disqualification" of Senator Franklin Drilon as a judge in the impeachment trial. They said he has "(cast) doubt on the integrity (of) the impeachment trial process and even the impartiality of the judges themselves."

The motion, signed by Serafin Cuevas, Jose Roy III, and Dennis Manalo, cited Drilon asking Supreme Court clerk Enriqueta Vidal on January 17 to produce and hand over Corona's Statements of Assets, Liabilities, and Net Worth to the impeachment court. The prosecution had already examined her as a witness, and the defense had waived its right to cross-examine. There had been no mention of producing the SALNs until then.

"It appears, however, that the Prosecution found an ally in Senator-judge Drilon, who proceeded to 'cross-examine' and badger Attorney Vidal in the guise of 'clarificatory questions," the defense said. They also said Drilon "displayed his partiality" when he asked Vidal details about property bought by Corona's daughter Charina. Under questioning, Vidal said Corona had acted as attorney-in-fact in the transaction. They said Drilon "made sure to highlight this fact as if to suggest that (Corona) was the beneficial owner of the property."

Cuevas has said there is nothing wrong with that, and said in the motion that Charina was abroad at the time "and could only act through an attorney-in-fact." An attorney-in-fact is a person authorized to enter into transactions on behalf of someone else.

On Thursday afternoon, defense lawyer Rico Paolo Quicho, after being asked on whether Drilon would be asked to inhibit, said a motion to inhibit had already been filed. "It's with the secretariat already." Lawyer Tranquil Salvador III declined to give details, however, on the motion saying it is still pending with the court.

Quicho hinted, however, that it could be said that it was the media that suggested the motion to inhibit.

On Wednesday, lead defense counsel Serafin Cuevas tussled with Drilon, saying in open court that he had been asked "by the newspapers" about the senator's supposed partiality.

Last week, Drilon and former senator Francisco Tatad exchanged words after Tatad said the senator seemed to be acting like a prosecutor. (Jonathan de Santos/Sunnex)