Prosecution: New petition sets bad precedent

Thursday, February 9, 2012

CHIEF Justice Renato Corona is setting a bad precedent in questioning the jurisdiction of the Senate impeachment tribunal before the Supreme Court (SC) which he heads, spokespersons for the prosecution panel said Wednesday.

In a press briefing, spokespersons Romero Frederico "Miro" Quimbo, Lorenzo "Erin" Tanada III and Juan Edgardo "Sonny" Angara expressed worry over the urgent petition for "certiorari and prohibition with prayer for immediate issuance of temporary restraining order (TRO) and writ of preliminary injunction."

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"This sets a bad precedent because if they do that, they might as well amend the Constitution," Quimbo said, citing the exclusive power granted by the Constitution to the Senate to try impeachment cases.

The prosecution finds it odd that a petition was filed before SC despite Corona’s earlier statements that he is ready to face the impeachment trial.

In future impeachment trials, respondents may likewise resort to going to the High Tribunal to save themselves from a possible conviction, prosecutors warned.

House Majority Leader Neptali "Boyet" Gonzales II said Corona is seeking a "home court advantage" but stressed that it is the Senate impeachment tribunal which has the final say.

In his petition filed Wednesday afternoon, Corona’s lawyers filed the urgent petition and likewise asked that SC Associate Justices Antonio Carpio and Maria Lourdes Sereno inhibit in deciding the cases. Carpio will supposedly replace impeached Corona if he is convicted in the Senate, while Sereno is an appointee of President Benigno Aquino III.

During the trial, presiding officer Senate President Juan Ponce Enrile allowed the prosecution to present documents on PSBank records of accounts owned by the Chief Justice.

"With the absence of a TRO from the Supreme Court, the chair rules we must proceed with the trial," Enrile told defense counsel Serafin Cuevas. (Kathrina Alvarez/Sunnex)