November 15, 2000, The Philippine Star, Estrada's impeachment trial starts December,

After much hand-wringing and teeth gnashing, President Estrada's allies in both chambers of Congress decided yesterday they would no longer question the manner of his impeachment or replace the congressmen chosen to prosecute him. 

This paves the way for the President's trial starting next month, newly elected Senate President Aquilino Pimentel Jr. said as he pledged a speedy and impartial hearing. Pimentel, who is seen as an independent-minded Estrada ally, said the Senate's committee on rules had been asked to finish by Monday the drafting of rules for the country's first impeachment trial of a President. 

  
Officials said they would use US impeachment rules as a general guideline. "I think realistically, we can start hearings in December. If this is done every day, Mondays to Saturdays, then we will finish everything by end  December," Pimentel told radio station dzMM. 

"I believe it should be finished in the soonest possible time," he said. Pimentel, who was elected Senate chief on Monday and took over from Franklin Drilon who bolted Mr. Estrada's ruling Lapian ng Masang Pilipino (LAMP) coalition, said the trial should be conducted in a "fair and impartial" manner by allowing both prosecutors and Mr. Estrada's defense team to adequately present their side. 

"That is the process, we will hear the evidence and the Senate will decide guilty or not guilty," said Pimentel. The House of Representatives on Monday impeached Mr. Estrada on charges of corruption, betrayal of public trust, accepting bribes and culpable violation of the Constitution. 

  
The charges are based on accusations by former presidential friend and drinking buddy, Ilocos Sur Gov. Luis "Chavit" Singson, that Mr. Estrada received more than P400 million in payoffs from illegal gambling bosses and kickbacks from tobacco excise taxes. The President has denied the accusations, but recently admitted that he knew tainted money intended as bribes had been deposited in a bank account owned by a charitable foundation he created for Muslim scholars. 

Mr. Estrada earlier vowed to answer "point by point" all the charges during the Senate trial and expressed confidence that he would be cleared by the administration-controlled Senate which will act as jury. A majority of two- thirds, or 15 votes, of the 22-member Senate is needed to oust Mr. Estrada from office. 

Senate Majority Leader Francisco Tatad, who is also the chairman of the Senate's committee on rules, had filed a resolution seeking the adoption of the US model for the impeachment rules with minor alterations to suit the local setting, news reports said. Tatad said he would call for a hearing first "to get the input of House managers and lawyers of Mr. Estrada" on how the proceedings should go. 

Tatad noted that there were still contentious issues to be resolved first to ensure the smooth conduct of the hearing. The hearings will start today and would come out with a report next week. He said they have invited former Senate President Jovito Salonga, veteran constitutionalist and former Sen. Arturo Tolentino, former Constitutional Commissioner Fr. Joaquin Bernas, UP Law dean Merlin Magallona, Supreme Court Administrator Alfredo Benipayo, the 11-member panel of prosecutors from the House and lawyers of Mr. Estrada. 

Pimentel has pledged a speedy and impartial trial "to put to rest the emotional conflict and the disturbing dissension that are being fueled by the accusation of presidential corruption and misconduct." "As senators, we will do everything possible within our command to demonstrate that our democracy works and that there is no room in this country for the adoption of extralegal measures to obtain redress of the grievances of the people," he said. 

  
The Senate will sit as a jury, with about 11 legislators from the House acting as prosecution. The trial will be presided over by Supreme Court Justice Hilario Davide. 

Estrada to be exonerated?

A majority of the senators are seen to be close to Mr. Estrada, but they will have to vote by their conscience, analysts said. Thirteen of the 22 senators voted on Monday to topple Drilon as Senate chief and teach him a lesson for deserting the coalition party. At first glance, analysts said this voting pattern indicates that Mr. Estrada may survive removal from office as only eight senators are needed among the 22 to exonerate him in the upcoming Senate trial. 

  
"But this is not purely a numbers game as the senators will have to vote according to their conscience and decide whether the President is fit to govern," said Carolina Hernandez, a political science professor at the University of the Philippines. She said the senators could not vote on party lines alone as they would face retribution from the electorate "if their actions are seen to be in violation of the Constitution and public trust."  

Pimentel assured that the 13-6 vote he got in unseating Drilon should not be taken as a signal on how the Senate would vote on an impeachment trial. "There is no relation between the two. The impeachment of the President will depend on the strength of the evidence," he said. Malacañang, for its part, said the President does not worry himself about the so-called "numbers game" in the Senate on who would vote for or against his impeachment. 

"We can't speculate. All I can say is, when all the senators sit (in he impeachment trial), they sit as judges. Maybe numbers are not all that important at this time," Press Secretary Ricardo Puno said, while admitting the Palace was "heartened" with Pimentel's vow to ensure impartiality in the proceedings. 

  
Unlike legislators from the House of Representatives who are elected by districts, the senators are elected nationally, just like the President and the Vice President. This gives them a greater independence from the executive department. 

  
"In a desperate moment like this one, our people desperately want to believe in our institutions. If our institutions fail us now, there will be great trouble ahead," warned political commentator Alex Magno. He said although hard to prove, rumors that large amounts of money were being used to influence alignments of the House and Senate "throw a serious cloud of doubt" on their independence and integrity. 

"We are looking at a very profound crisis of leadership shaken by public concerns over corruption and cronyism," he said. Two senators, John Osmeña and Tessie Aquino-Oreta who were allegedly given P1 million each as tips from Mr. Estrada's gambling session winnings, were forced to turn over the money to the Senate last month during a hearing of illegal gambling payoffs scandal. 

The impeachment trial is not a criminal case. The Senate can question the witness but members, unlike court judges, are not bound by the requirement of establishing guilt beyond reasonable doubt. They only need a "preponderance of evidence" to convict him. The influential Catholic Bishops Conference of the Philippines (CBCP) urged senators to "vote according to the dictates of your conscience" and warned of "massive protest actions" if the trial was "manipulated." 

"Do not stifle the voice of your conscience for the sake of any favor, money or power that might be offered to you," said CBCP president Orlando Quevedo. He said rumors about the P100 million bribe each for senators who would exonerate Mr. Estrada is already "a reflection of the people's mistrust and lack of confidence in the government." 

In a related development, a human rights lawyer, who had been asked to assist the 11-member panel of prosecutors, said the people should have no illusions that the Senate trial will prosper. "From the very start, it was clear that Mr. Estrada's allies at the House and the Senate would try to derail the process," Romeo Capulong said. "Now the President is making sure he gets seven hard-core senators who will vote in his favor," he said. 

He said these senators include Miriam Defensor-Santiago, Francisco Tatad, Gregorio Honasan, Blas Ople, Juan Ponce Enrile and John Osmeña. He did not name the seventh senator, but said it will only take such a number to lose the impeachment case. 

"This is the reason why … I am not giving you any updates about the proceedings. I am here complaining to you about the efforts of Mr. Estrada to protect himself from being impeached," he told a rally. The Federation of Free Workers also shared the same view, noting that the ouster of Speaker Manuel Villar and Drilon was "a clear manifestation that the Palace wants to control the impeachment proceedings." 

For her part, Vice President Gloria Macapagal-Arroyo asked pro-Estrada lawmakers to stop delaying the impeachment case by citing technicalities and procedural flaws. "Technicality is not in the Constitution," she said. "Those who cite technicality will be the ones violating the Constitution." 

Meanwhile, Villar said prolonging the impeachment case "would only cause divisiveness among Filipinos and sink the economy further." "We in the House have done our part and we hope the Senate will do the same. The ball is now in their court," he said. For their part, Reps. Prospero Pichay (Surigao del Sur) and Eduardo Veloso (Leyte) asked the people to refrain from conducting further mass actions and just await for the results of the Senate trial. 

  
Veloso said such destabilization efforts "will further undermine the economy, and it will not just be the pro- or anti-Estrada forces who will suffer but the entire country as well." – Efren, Danao, Perseus Echeminada, Liberty Dones, Sandy Araneta, Romel Bagares, Jose Rodel Clapano, Jose Aravilla, Antonieta Lopez, Teddy Molina, Marichu Villanueva, AFP