/ stevenwarran's Library/ Notes/ November 17, 2000, The Philippine Star, Estrada to face new witnesses, evidence,
November 17, 2000, The Philippine Star, Estrada to face new witnesses, evidence,
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November 17, 2000, The Philippine Star, Estrada to face new witnesses, evidence,
As the nation girds for the most sensational trial in history, impeachment trial prosecutors said yesterday they will present new witnesses and evidence that have not been presented in earlier Senate hearings on the jueteng scandal.
But because of the sheer number of allegations against President Estrada, the trial might last a year instead of the one month predicted by Senate President Aquilino Pimentel Jr., said Rep. Sergio Apostol (Lakas, Leyte), one of the prosecutors.
"I am not giving our people false hopes, but we will try to shorten the process to the extent possible," Pimentel said. Another prosecutor, Rep. Clavel Martinez (Promdi, Cebu), said it was difficult to set a timetable since it would partly depend on how long the cross-examination of witnesses would last. Another cause of delay, pro-administration senators pointed out, is an impeachment trial rule allowing senators to question witnesses.
But Apostol said the trial could be overcome by events such as the widespread protest rallies against Mr. Estrada. Anti-Estrada groups want the President to resign, warning that a prolonged impeachment trial could damage the already-weak economy.
Prosecutors said they have a strong chance of removing the President just based on the evidence they have gathered so far. "The evidence is very strong," said Rep. Joker Arroyo (LAMP, Makati), one of the 11 congressmen chosen by the House of Representatives to act as prosecutors in the trial. Mr. Estrada can be removed from office if he is found guilty of at least one of the charges.
"We have documents to prove the validity of the allegations," Martinez said. Since Monday, they have been busy meeting with witnesses, studying evidence closely and discussing strategy. Scores of lawyers have volunteered to help them, said Rep. Wigberto Tañada (LP, Quezon), another prosecutor. While acknowledging that the President cannot be compelled to testify, they are hoping that he would show up. Mr. Estrada had vowed to answer the allegations "point by point." "He may be called as a hostile witness," said prosecutor Rep. Eduardo Nachura (Lakas, Samar). "It can be done."
Martinez said they have not yet decided whether or not to call Mr. Estrada to take the stand. Press Secretary Ricardo Puno Jr. earlier said Mr. Estrada could not be compelled to testify because Congress and the executive are co-equal branches of government. "But if he volunteers and he agrees and his lawyers feel that the rules of the hearing would be enough to guarantee his rights then the President may agree to testify," Puno said.
"The President may not be required to appear personally, he can submit his reply in writing (through) his defense lawyers," Pimentel said. So far, Malacañang has given no objections over the impeachment rules. "Upon cursory reading, it appears to be reasonable like the defense will be given an opportunity to cross-examine, to dispute the pieces of evidence and other applicable rules of court," said Puno, a lawyer himself.
Executive Secretary Ronaldo Zamora earlier said Mr. Estrada's lawyers are assessing whether to let their client take the stand. "We can adjust to what the Senate wants as long as there will be no violation of due process rights. For as long as they are fair, it's okay with us," said Estelito Mendoza, one Mr. Estrada's lawyers. Prosecutors are hoping to pounce on Mr. Estrada, who has been known to make erratic statements.
They are expected to take advantage of his recent admission that he knew as early as last month that illegal gambling bosses funneled bribe money into the bank account of his charity foundation – and that he did not return the money nor notify the police. Mr. Estrada's lawyers, led by former Supreme Court Chief Justice Andres Narvasa, were reportedly shocked by the admission and are now trying to contain the damage.
Mr. Estrada made the admission after being subjected to relentless questioning by foreign journalists in a press conference last week. He is expected to quickly wilt under intense grilling by a panel of trained prosecutors.
The Senate will issue a summons to the President on Monday requiring him to answer the charges of corruption, bribery, betrayal of public trust and culpable violation of the Constitution in 10 days. After Mr. Estrada's response, the prosecuting team will be given five days to comment on the reply.
Roco lashes out at Pimentel
Long-time Estrada critic Sen. Raul Roco lashed out at Pimentel for delaying the summons, saying it should have been issued yesterday as the Senate had previously agreed. Roco said the summons should have been issued as early as last Monday when the Senate received the impeachment complaint.
"The Constitution said that the Senate should act forthwith upon receipt of the articles of impeachment. Instead of on Nov. 13, when the articles of impeachment were received, the summons will be served on Nov. 20. That is a one-week. That is not forthwith, that is not immediate," Roco complained. Pimentel said the senators must first take their oath as "judges" of the impeachment trial before the summons should be issued. Disagreeing, Roco said, "Why should we? Issuing the summons is a clerical, a messengerial work."
"There are formalities to be followed like informing the Chief Justice (Hilario Davide, the trial's non-voting presiding officer) that the Senate is now ready to convene," Pimentel explained. "There is no undue delay... but without being organized first, how can we act?" Because of the that, Roco said the trial could begin on Dec. 7 or 8 at the earliest but "realistically, on Dec. 11" – instead of Dec. 1 as Pimentel expected.
The Senate's chief security officer, Leonardo Lopez, said they are putting in place tight security measures, including the installation of additional television monitors, to ensure that the trial would proceed smoothly. Senate security officials yesterday met behind closed doors with officials of the Philippine National Police, including Metro Manila commander Director Edgar Aglipay, to map out plans.
Lopez said the session hall can only accommodate 260 observers and press coverage would be on a pool basis. To ensure order inside the hall, only state-run PTV-4 will provide live television coverage of the trial. News directors of other television news organizations agreed to the set-up.
About 500 local and foreign journalists, photographers and television camera crews are expected to flock to the Senate. Senate security officials also expect thousands of demonstrators for or against the President to gather outside the building. Despite a wave of dramatic resignations by Estrada allies early this month, eight senators – including Pimentel – have stuck with Mr. Estrada's Lapian ng Masang Pilipino coalition. And if they vote on party lines, Mr. Estrada will win an acquittal. Prosecutor Martinez said the members of the prosecution team "are afraid of the tyranny of numbers."
Zamora yesterday denounced fresh speculations that Malacañang is out to bribe senators to ensure Mr. Estrada's political survival. "I do not see that any senator can be bribed," he said. "We believe that the truth and not the numbers will win the President his acquittal." Pro-Estrada senator Miriam Defensor-Santiago, a former trial court judge, fueled the speculations last Tuesday – a day after Mr. Estrada's impeachment – when she predicted an acquittal.
"The jurors should not prejudge the verdict. They should now that, they are senators," said Vice President Gloria Macapagal-Arroyo, commenting on Santiago's prediction. One trial prosecutor, Rep. Raul Gonzalez (NP, Iloilo), said Santiago's "exuberance to exonerate the President" placed the senators "in a queer position." "It is unfortunate that Senator Santiago, by her rather irresponsible statement, has put into question the capacity of the senators to vote on their patriotic duty according to their conscience," Gonzales said.
Pimentel had promised a speedy, open and impartial trial. He publicly warned the President against attempts to bribe him and his colleagues. Yesterday, former President Corazon Aquino said she would accept an acquittal and forget her call for Mr. Estrada's resignation "as long as the Senate conducts the impeachment trial in a transparent manner." – Christina Mendez, Delon Porcalla, Efren Danao, Perseus Echeminada, Marichu Villanueva, Liberty Dones, Jose Rodel Clapano, Jerry Botial, Antonietta Lopez, Cesar Ramirez, AFP, AP
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