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NEWS FEED: Cuevas: Defense to seek mistrial in case of Senate 'abuse of discretion' - 24 May 2012

| Joseph Holandes Ubalde, InterAksyon.com




MANILA, Philippines -- Chief Justice Renato Corona’s defense team is prepared to seek a mistrial should the verdict of the Senate impeachment court show "grave abuse of discretion."

"We will resort (to), we will exhaust all legal resources," Corona’s lead counsel, retired Justice Serafin Cuevas, said. "Maski saang laban, pag matatalo ka na, sasabihin mo ba, ‘Sige magpahinga ka na, magpahinog ka na, hindi naman siguro ganoon ang inaasahan ng kliyente’ [In whatever fight, if you are losing, will you say, ‘Okay you can rest, resign yourself, that probably isn’t what your client would expect’]."

Asked if the Senate has already shown abuse of discretion, Cuevas said they would still review the case.

"Siyempre babasahin namin uli ‘yung [Of course we will still read the] transcript so ... hindi naman lahat ng error ng court ay [not all the court’s errors are] grave abuse of discretion sufficient to raise the issue of mistrial," he added.

Cuevas said the Supreme Court could also nullify the impeachment court's decision if grave abuse of discretion is proven.

Asked if such an event might trigger a constitutional crisis, Cuevas would not give a categorical answer.

Senator Franklin Drilon denounced the defense team's plan, saying a mistrial cannot be declared in an impeachment court.

"‘Dun ‘yun sa [That is only for a] jury system," he said.

He added that the Senate would not take any action of the Supreme Court sitting down.

"Kung darating ang panahon [If the time comes], we will prepare," he said.

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