Espinoza: Theatrics in Corona trial

Thursday, February 2, 2012

THE impeachment trial of Chief Justice Renato Corona before the Senate has turned into theatrics. It’s a skirmish between the young and old. At the end of the day, the old appears to have the edge in the battle of wits.

Defense lawyer Serafin Cuevas’s assertion that it requires proof beyond reasonable doubt to convict his client further muddled the impeachment trial, which is administrative in nature.

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Even law students know that, in administrative proceedings, the evidence required is only substantial to convict the respondent. In fact, if one is convicted in such a proceeding, the imposable penalty is only removal and disqualification from holding public office.

Worse, Senate President Juan Ponce Enrile, when he was here in Cebu City weeks ago, told the local press that clear and convincing evidence is needed to convict Corona. With due respect to him, clear and convincing evidence in certain cases is required to prove fraud.

As Dr. Fortunato Gupit, Jr. puts it in his book on revised rules on evidence, clear and convincing evidence is the required level of evidence in instances when evidence should be more than merely preponderant. Preponderance of evidence is required in civil cases.

Also, Sen. Miriam Santiago’s histrionics and her claim that only she can “scream” during the trial put to question her decorum and her fitness to be a justice of the International Criminal Court (ICC). I wonder if she would act that way when she sits in the ICC.

The lady senator, of course, knows what she is saying. But her participation as trial judge, as observed by many, only added to the delay in the proceedings that has already been slowed down by the defense lawyer’s relentless objections.

Enrile is doing well as presiding judge. However, there were times when he forgot that he is momentarily not a politician but a magistrate. Sometimes, he talked a lot more than the prosecution could spew better arguments.

Megaworld’s Noli Hernandez should tell it to the marines, so to speak, when he said the reduction of the price of the Bellagio penthouse unit that Corona bought was not a bribe. I don’t think Megaworld would give it away at that very low price if the buyer was another Juan de la Cruz.

Even if the Coronas bought that Bellagio penthouse unit at a reduced price (not discount) and at “one-time payment,” that doesn’t justify the disparity in their income vis-à-vis the several properties they have acquired.

The prosecution should stop presenting more pieces of evidence to prove the charges against Corona under Article II of the Articles of Impeachment. Even non-lawyers are of the view that there is already sufficient evidence supporting the charge of dishonesty against Corona.

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Gov. Gwen Garcia, who is in her last term, is thinking of either seeking a higher elective position in government or returning to private life. The last is not an option for most politicians.

But Governor Garcia’s bitter critic, Rep. Tomas Osmeña, despite his ill-health, wants to retake the reins of the Cebu City government from Mayor Mike Rama, once Tomas’s sidekick.

My source told me that Congressman Tomas, together with his minions, has been doing the rounds in the mountain barangays to check his followers’ loyalty to him and his party, the Bando Osmeña-Pundok Kauswagan (BOPK).

My source said that a barangay official refused the offer of Tomas to run for city councilor because this barangay official does not like the autocratic leadership of the BOPK party boss.

(elespinoza53@yahoo.com)