Defense: De Lima says little

Thursday, February 23, 2012

MANILA – Justice Secretary Leila de Lima testified for around two hours at the impeachment trial of Chief Justice (CJ) Renato Corona on Wednesday, but defense lawyers said she gave little more than a narration of facts.

Defense spokesman and lawyer Tranquil Salvador III said de Lima was only able to testify on the events surrounding the issuance of a temporary restraining order (TRO) on a Justice department order to keep Pampanga Representative Gloria Macapagal-Arroyo from leaving the country.

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Her testimony also relied heavily on the dissenting opinion of Associate Justice Maria Lourdes Sereno.

According to a timeline included in Sereno's dissenting opinion, "Corona sent in his own handwritten corrections on the typewritten draft resolution from Justice (Presbitero, Jr.) Velasco with the instruction that the Chief Justice's version is to be immediately promulgated."

"CJ Corona's version is to the effect that petitioners have complied with the conditions for the issuance of the TRO, and that it is in full force and effect," the dissenting opinion further reads.

Defense spokesperson Karen Jimeno, however, said that de Lima was not present when the Supreme Court (SC) deliberated on Arroyo's petition for a TRO on a watch-list order against her. Because de Lima was reading from Sereno's dissent, "that's similar to hearsay," she said.

MANILA. Justice Secretary Leila de Lima appeared on the 22nd day of the impeachment trial of Supreme Court Chief Justice Renato Corona. (Contributed photo/Joseph Vidal,Prib/Pool)

MANILA. Justice Secretary Leila de Lima received a support from her father Vicente de Lima before the 22nd day of the impeachment trial. (Contributed photo/Joseph Vidal, Prib/Pool)

During questioning from lead defense counsel Serafin Cuevas, a former SC justice, de Lima admitted that Corona, acting alone, could not have issued the TRO.

"Decisions of the Supreme Court, whether en banc or in division, must be by the majority," he said, before asking whether de Lima is alleging that the SC acted in conspiracy.

This question was blocked by Northern Samar Representative Raul Daza, public prosecutor, who said there was no allegation of conspiracy. De Lima said there may have been in the sense of the propriety of issuing the TRO.

But Jimeno said that would just be de Lima's opinion and that there is a legal definition of conspiracy. Under the Revised Penal Code, "a conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it."

If there was a conspiracy, defense lawyers asked, why was Corona the only one impeached?

De Lima also said the timing of the issuance of the TRO, before the government was given time to argue its position, was suspect. Salvador cited the Rules of Court on preliminary injunctions, however, saying courts can issue TROs even without notice. Under Rule 58, this can be done "if the matter is of extreme urgency and the applicant will suffer grave injustice and irreparable injury."

"There was nothing in the testimony that was strong or clear evidence," Salvador added.

During testimony, Minority Leader Alan Peter Cayetano told the prosecution to establish a connection between Corona's closeness to Arroyo, who appointed him as Chief Justice, and the alleged partiality in having the TRO granted. "We cannot take judicial notice of that closeness," he said.

The prosecution panel presented on Wednesday de Lima as its first witness for Article 7 -- Corona's alleged partiality in granting a TRO in favor of the Arroyo couple.

Bayan Muna party-list Representative Neri Colmenares, one of the public prosecutors assigned to Article 7, said that while Corona could not have acted alone to issue the TRO, court records would show that the issued SC order was a version of the Chief Justice.

On November 15, 2011, the SC issued a TRO on the watch-list order against the Arroyo couple. De Lima said the watch-list order was issued based on plunder and poll fraud charges.

"Under the internal rules of the court, the Chief Justice takes notes and his notes shall be formed as the basis for the minutes. It will also be the basis that will form the resolution of the Clerk of Court," Colmenares explained.

Reading the dissenting opinion of Associate Justice Sereno in Wednesday's trial, de Lima also reiterated that the second condition of the TRO was not complied with by the camp of the Arroyo couple.

The conditions of the TRO were for the Arroyo couple to post a 1) P2-million cash bond, 2) appoint a legal representative that would receive summons of the court, and 3) inform the embassy/consulate of their destination. The second condition was not complied with, de Lima said.

"That condition was important to be fulfilled for the Arroyo couple to leave the country," Colmenares said.

In her dissenting opinion, Sereno said Court Administrator and SC spokesperson Midas Marquez misinformed the public that the TRO was "in full force and effect" despite the decision of the majority that the TRO is "suspended pending compliance" of all the conditions.

"The Court did not rule in the 18 November 2011 resolution that the TRO was 'in full force and effect,' nor that it was not suspended. To the contrary, the voting, in which a second majority group prevailed, resulted in a decision to remain silent on the matter, as it was 'common sense' anyway, and basic knowledge to all lawyers, that the non-fulfillment of a condition means that the TRO cannot be made use of," Sereno stated.

Despite the issuance of a TRO, de Lima prevented the former President from flying to Singapore for a medical treatment.

During the trial, the Justice Secretary reiterated that he did not allow Arroyo – who is suffering from hypoparathyroidism and bone mineral disorder – to seek medical treatment abroad after receiving reports that at least 14 others will join her in the trip.

"I doubted the reason why she wanted to leave the country. Based on my analysis, she was only using supposedly health reasons," de Lima told the impeachment court, calling Arroyo a "flight risk". (Sunnex)