| Karl John C. Reyes, InterAksyon.com
MANILA, Philippines -- Chief Justice Renato Corona’s lead counsel, retired Justice Serafin Cuevas, said he is confident his client will be acquitted by the Senate impeachment court.
“Walang duda (No doubt), he will be acquitted,” Cuevas said.
“The prosecution has not established anything from the verified complaint,” he said after Corona’s second appearance at the impeachment trial Friday.
“The prosecution said there were 45 properties, but there (are) only five. They said there was a dollar account, and the Chief Justice admitted there was, but he did not declared it in his SALN because there is a law of confidentiality, and the peso account was not his own, he is only the manager,” he said.
However, he also conceded: “Kung hindi maniniwala ang impeachment court sa testimonya ni CJ, ano ang magagawa namin? Alangan naman na pagbabarilin namin sila para maniwala lang (If the impeachment court does not believe the CJ’s testimony, what can we do? We cannot shoot them just to make them believe).”
Cuevas maintained that the report of the Anti-Money Laundering Council on Corona’s alleged dollar accounts that was presented by Ombudsman Conchita Carpio-Morales could not be used against the magistrate.
Not only were the AMLC report and the signatures it contained “never … authenticated,” Cuevas said Morales’ declarations to the impeachment court were never part of the charges against the Chief Justice.
“The alleged $10 million, even if she (Morales) has evidence, was not included in the verified complaint. You cannot prove anything which is not embodied in the original complaint,” Cuevas said.
He said if the impeachment court would decide on evidence or allegations outside the verified complaint, the Senate should allow the defense to present evidence to disprove testimony on the dollar accounts.
“In criminal law, if you did not establish prima facie evidence, the case has no weight in court because the verified complaint lodged against the Chief Justice did not fall under each or any of the impeachable offenses enumerated under the Constitution,” Cuevas said.
“What are the impeachable offenses? Culpable violation of the Constitution, treason and other high crimes, graft and corruption and betrayal of public trust. Where does non-disclosure fall in?” he asked.
MANILA, Philippines -- Chief Justice Renato Corona’s lead counsel, retired Justice Serafin Cuevas, said he is confident his client will be acquitted by the Senate impeachment court.
“Walang duda (No doubt), he will be acquitted,” Cuevas said.
“The prosecution has not established anything from the verified complaint,” he said after Corona’s second appearance at the impeachment trial Friday.
“The prosecution said there were 45 properties, but there (are) only five. They said there was a dollar account, and the Chief Justice admitted there was, but he did not declared it in his SALN because there is a law of confidentiality, and the peso account was not his own, he is only the manager,” he said.
However, he also conceded: “Kung hindi maniniwala ang impeachment court sa testimonya ni CJ, ano ang magagawa namin? Alangan naman na pagbabarilin namin sila para maniwala lang (If the impeachment court does not believe the CJ’s testimony, what can we do? We cannot shoot them just to make them believe).”
Cuevas maintained that the report of the Anti-Money Laundering Council on Corona’s alleged dollar accounts that was presented by Ombudsman Conchita Carpio-Morales could not be used against the magistrate.
Not only were the AMLC report and the signatures it contained “never … authenticated,” Cuevas said Morales’ declarations to the impeachment court were never part of the charges against the Chief Justice.
“The alleged $10 million, even if she (Morales) has evidence, was not included in the verified complaint. You cannot prove anything which is not embodied in the original complaint,” Cuevas said.
He said if the impeachment court would decide on evidence or allegations outside the verified complaint, the Senate should allow the defense to present evidence to disprove testimony on the dollar accounts.
“In criminal law, if you did not establish prima facie evidence, the case has no weight in court because the verified complaint lodged against the Chief Justice did not fall under each or any of the impeachable offenses enumerated under the Constitution,” Cuevas said.
“What are the impeachable offenses? Culpable violation of the Constitution, treason and other high crimes, graft and corruption and betrayal of public trust. Where does non-disclosure fall in?” he asked.
