Defense, prosecution reps to meet on 'gag order'
Thursday, January 26, 2012
(UPDATED) -- Spokespersons for both the defense and prosecution panels have been directed to hold a conference to keep them from releasing information on documents being submitted as evidence in the trial of Chief Justice Renato Corona.
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Although the documents have been marked, they have yet to be accepted as evidence.
This developed after Senator Gregorio Honasan II noted "the trial outside the court room seems to be proceeding faster than the trial here."
Earlier this week, he asked whether the court was still affording Corona the presumption of innocence since his asset declarations were being discussed publicly.
On Thursday afternoon, Senator Joker Arroyo pointed out that documents -- particularly the tax documents of Corona and his wife -- have yet to be offered as evidence, and so remain confidential.
He said tax records are sacrosanct and even needed clearance from the President before they could be submitted to the Senate.
Internal Revenue commissioner Kim Jacinto-Henares told Arroyo that the documents were only released to the defense and prosecution panels, and to the senators.
Arroyo said then that any leaked information would have to have come from either the prosecution or the defense. Henares replied: "Yes, or from the senators."
Arroyo then asked Senate President Juan Ponce Enrile, presiding officer of the court, to ask both panels whether they had leaked the documents.
Iloilo Representative Niel Tupas Jr., lead prosecutor, said aside from documents on Corona's unit at the Bellagio in Taguig City -- which they released earlier this month and for which they have already been warned against -- they have not released any documents to the press.
"We haven't released anything. It's just with us," he told Enrile.
Spokesmen for the prosecution have, however, been discussing the supposed contents of the tax documents against properties listed in Corona's Statements of Assets, Liabilities, and Net Worth (SALNs).
Senator Pia Cayetano said she had seen them on television and added it should be made clear to the public that there is a difference between documents marked as evidence, and documents already offered and admitted as evidence.
"These are fine distinctions," she said, adding making the documents seem like court evidence "is misleading the public."
For the defense, former Justice secretary Serafin Cuevas said his lawyers have not released anything to the public.
"All our spokesmen said was 'this is not evidence yet.' We have never discussed (anything) relative to contents of documents," he said.
Defense lawyers Tranquil Salvador III and Karen Jimeno, panel spokesperson, have been complaining about the prosecution presenting information the press, as well as the release of Corona's SALNs to the public.
Enrile told both sides that "the time for offering (evidence) will come," as he cautioned parties "to be very careful."
Senators Panfilo Lacson said, however, that the public nature of the impeachment trial means the public will see what is discussed there.
He said if the Senate wants to protect the confidentiality of the proceedings, then they should be done behind closed doors.
Senator Teofisto Guingona III also said he was "uncomfortable" with keeping documents in a public trial away from the public. He said the impeachment court "is a people's court."
Arroyo said the impeachment trial "is a public trial but order must be maintained, otherwise it is not a trial at all."
"Let’s just be very careful that we don’t get too excited that in coming out with the evidence, whether for the prosecution or the defense, we violate and trample upon people’s rights," Minority Leader Alan Peter Cayetano said.
He reminded his colleagues that "we all agreed when we made the rules that we should put everything before the people."
The rules that the Senate adopted for impeachment trials say parties, as well as senators, should refrain from discussing the merits of the case.
At a press briefing, defense lawyers said they may yet move to have the prosecution cited in contempt if they release more supposed evidence.
In other developments, Justice Secretary Leila de Lima maintained that she is willing to testify against the embattled Chief Justice.
De Lima was eyed by the House prosecution team as witness for Article 7, which indicted Corona for exhibiting partiality toward former President Gloria Macapagal-Arroyo when he led the Supreme Court in issuing a travel clearance last November.
This travel clearance was not recognized by de Lima pending receipt of the order as she tasked immigration officers to bar Arroyo and her party from boarding a Hong Kong-bound plane.
Arroyo is now under hospital arrest for poll sabotage charges.
“When we met was it yesterday or the other day? They (prosecution team) told me that there is a possibility that I might be summoned so we made initial discussions on the possible parameters of my testimony but they said they will decide, and once they decide they will ask for issuance of subpoena,” de Lima told reporters.
The Justice chief is currently facing a disbarment case for allegedly defying the High Court’s order. (Jonathan de Santos/Virgil Lopez/Sunnex)
