I had a 7:00 am doubles game with Chief Justice Panganiban today at Polo and had a chance to discuss the impeachment process with him. I've have found his views the most scholarly, penetrating, and enlightening among the Philipines' legal luminaries who have been providing expert commentary on this extended comedy skit seemingly lifted from New York's Saturday Night Live satirical spoofs; ONLY, THE LAUGHABLE PERSONALITIES ARE UNFORTUNATELY SO REAL AND MORE COMICAL!!!
I tried to gently squeeze his opinion out, reluctantly and carefully given it seems because of his very high profile legal position. I informed him that I believe that I think the fix is in for a Corona acquittal with:
1)the long time Cuevas/Enrile connection (Cuevas defended and got Enrile off from the Coup Treason charge to topple Cory) wherein JPE for the most part has allowed Cuevas and the Defense to turn this "Sui generis" superior Impeachment Court process to closely resemble a criminal trial with constant agreement with the Cuevas technical objections (criminal trial process) and seeming surrender to the Supreme Court TRO even if the Constitution is very clear that the Impeachment Court has sole power to try Impeachment; leading to an implicit acknowledgement of the Supreme court's power to derail this Imp. Court's "sole power". THUS, THE LOGICAL CONCLUSION IS THAT THE SC CAN ISSUE TROs AT WILL TO FRUSTRATE THE MP PROCESS EVEN THOUGH THERE IS AN OBVIOUS CONFLICT OF INTEREST WHEN ONE OF THEIR OWN IS THE ONE BEING IMPEACHED.
2)there are simply too many senators beholden to GMA in the past and present including the obvious known suspects that it will be easy to get 8 senators to acquit!
GAME, SET, MATCH! as they say in the tennis courts.
CJ Panganiban's opinion: He says there is a chance of conviction depending largely on two things:
1)Will Enrile and the Impeachment court allow the Defense motion to suppress the damning evidence on the massive undeclared Corona cash accounts and compare them to his income tax returns and SALN asset and income declarations? This is very critical as the defense has been verbally assertin that these are the "fruits of the poisoned tree".
2) will PNOY use his available and not insubstantial executive powers to influence the outcome.
3) will the Senators vote their conscience or will they let "other" considerations including political hold sway?
THESE ARE THE MAIN ISSUES THAT WILL DETERMINE THE OUTCOME PER THE GOOD JUSTICE.
Personally, with the way many Senators have been ganging up with relish and unmercifully against the Prosecution, it seems to me to be telegraphing their final vote and it seems they have the numbers. This Impeachment Court will go down in infamy as one that abdicated their responsibility to the Filipino people to get to the bottom of the issue of Corona's moral fitness to serve as Chief Justice, and discard their constitutional responsibility TO JUST GET THE TRUTH!
THE DEFENSE STRATEGY HAS BEEN CRYSTAL CLEAR FROM THE START - SUPPRESS ALL TRUTH BY TECHNICAL OBJECTIONS APROPOS TO CRIMINAL COURTS (not Impeachment Court) AND THE CUEVAS/ENRILE TANDEM HAVE THAT ALL WRAPPED UP IN A NEAT PACKAGE!
Ricky
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