Impeachment trial hangs

The historic impeachment trial of President Estrada was thrown into limbo yesterday as pro-secutors irrevocably resigned in disgust over a Senate decision Tuesday night to preclude what they believed was a damning piece of evidence against the Chief Executive.

Speaker Arnulfo Fuentebella said, however, that the House leadership was not inclined to accept the resignation, adding that refusal by the prosecutors to do their duty would be tantamount to abandonment of office.

This developed as Chief Justice Hilario Davide Jr., the presiding officer of the impeachment tribunal, granted a motion by Sen. Raul Roco, amended by Sen. Renato Cayetano, that the court indefinitely suspend proceedings until the House of Representatives resolves the issue on the re-signation of the public pro-secutors.

Tempers briefly flared as defense lawyer Raul Daza tried to enter a manifestation asking the court to set a date for the resumption, but Roco castigated him, saying he was not a member of the court.

Cayetano stressed that the Senate cannot order the House to act on the resignation of the prosecutors within a time frame because the House is a co-equal branch of government.

Davide ruled to cut off Daza.

Senate Majority Leader Francisco Tatad agreed with Roco, adding that Daza had not been recognized by the chairman to say his piece.

Davide ruled that an amendment to an amendment is not allowed.

"The House is the client of the prosecutors, and we have to get official communication from the client first," Davide explained.

He added that if the House will not act, then the impeachment trial is deemed closed because it cannot continue without the prosecutors.

The defense lawyers wanted to have a definite date for the resumption. "But we cannot do that without the prosecutors because that would be a fixed match. That would be a travesty of justice," Cayetano said.

Replacing the prosecutors with members of the majority bloc in the House was held unlikely as it would be ridiculous for the President’s allies to wage a campaign for his ouster.

"The forum is now on the streets, no longer in the Senate halls," said prosecutor Misamis Oriental Rep. Oscar Moreno.

"It is now in the bar of public opinion and I’m sure the Filipinos will rise up to the occasion," Moreno said.

The prosecutors led by House Minority Leader Feliciano Belmonte Jr. sent to the Senate through a messenger a manifestation of withdrawal of appearance. Attached to it was a copy of their letter to Speaker Arnulfo Fuentebella tendering their irrevocable collective resignation.

"We fear that our further participation in the charade will only mislead the people — the ultimate judge. We do not wish to legitimize the proceedings of a tribunal that has lost the moral authority to render judgment on an impeachable official who has clearly lost the moral ascendancy to govern," the resignation letter stated.

"It is clear to us that the judgment of the impeachment court will not be reached on the basis of truth that the people seek, but on the partisan votes of the majority of the senator-judges," the letter said.

The letter was signed by Belmonte, Arroyo, Moreno, Ilocos Sur Rep. Salacnib Baterina, Iloilo City Rep. Raul Gonzalez, Agusan del Norte Rep. Roan Libarios, Western Samar Rep. Eduardo Nachura, Pampanga Rep. Oscar Rodriguez, Quezon Rep. Wigberto Tañada and Cebu Rep. Clavel Martinez.

For their part, the private prosecutors said they refused to "dignify and legitimize a patently farcical and tragically doomed proceedings with our continued participation, no matter how inconsequential our role may be in this historic ritual."

Aides and staff of the prosecution panel packed up to vacate a room assigned to them at the Senate hall, indicating that the prosecutors have no intention of coming back to the trial.

Gonzales said their continued participation in the trial, dubbed as the trial of the century, was already pointless because they no longer believed in the credibility of the process.

Reacting to the Speaker’s statement, Apostol said the House leadership cannot reject their irrevocable resignation. "There is no more option for us, because if we go back there, they would just trifle with our case," he said.

He said their decision was definite.

"There is no justice in that impeachment body. So our presence there would only legitimize the act of injustice."

The lawmaker said he is willing to go to jail for their decision, as long as Mr. Estrada is ousted.

Arroyo argued that the House leadership has no choice but to accept their resignation.

Arroyo earlier branded the Senate vote on the second envelope as a "shameless act of acquittal (for Mr. Estrada)."

Sen. John Osmeña said if the House will not act on the resignation before Congress goes on recess next month, the impeachment case must be refiled by the next Congress not earlier than October this year.

Osmeña pointed out that an impeachment case could be filed only once a year. Since the current case was initiated in October last year, the next could be filed only in October yet.

"That could be more troublesome for the President, especially if the opposition would get the majority. The impeachment article could be amended so that those questioned in the current hearing like the testimony of Clarissa Ocampo and the second envelope could become acceptable," Osmeña said.

However, the indefinite suspension of the trial was seen as an acquittal for the President, who was being tried for alleged bribery, graft and corruption, betrayal of public trust and culpable violation of the Constitution.

Voting 11-10, the senators, sitting as judges in the impeachment trial, ruled out the opening of a second envelope surrendered to the tribunal by the Equitable-PCI Bank which Arroyo claimed contained documents showing that Mr. Estrada held P3.3 billion in a secret account under the false name "Jose Velarde."

The Senate’s decision, viewed by the prosecution and its supporters as "suppression of evidence," precipitated an outpouring of protests and indignation nationwide, as well as a beating of the Philippine stock exchange.

SC keeps hands off impeachment trial

The Supreme Court (SC) turned down an appeal by a private lawyer for the tribunal to render its opinion on how the Senate could resolve the controversy on the two-thirds vote to reach a conviction of the President.

It was the fourth time that the High Court tossed out petitions relating to the impeachment process, saying exclusive and original jurisdiction over such matters belonged to the trial courts.

The latest petition was filed by San Beda law professor Jose Sundiang.

Debates on the issue raged as some quarters contended that two-thirds should be computed at 24, the original number of senators.

At present, there are only 21 senators sitting as judges in the trial.

Former Senate president Marcelo Fernan died in office in 1999, Gloria Macapagal-Arroyo was elected vice president in the 1998 elections, while Robert Barbers, a member of the opposition bloc, is recuperating from throat surgery in the United States and has yet to take his oath as impeachment trial judge.

Meanwhile, Arroyo batted for the termination of the trial, saying the Senate has deprived the whole nation of a chance of knowing the truth behind the President’s alleged hidden wealth.

"No one should be afraid of the truth, so why were they afraid?" Arroyo said in a speech before officials and members of the Financial Executives Institution of the Philippines at Shangri-La Hotel in Makati City.

Arroyo said the mass gathering at EDSA following the Senate vote was historic and spontaneous. She noted that the unity and heroism manifested by the people in February 1986 was being repeated.

She called for a "moral revolution" at the top by going back to the values which sustained the previous generation.

"I call on the President to cease and desist from pitting Filipinos against Filipinos. Should violence erupt because of the President’s militant stand, the bloodshed will be on his very doorstep," Arroyo said.

Former Speaker Manuel Villar expressed disappointment over the Senate decision. "I was really hoping the senators would vote with us and see the truth," Villar said in a speech before the Philippine Bar Association.

"We gave it our best shot...we were almost there, and I think we blew it," Villar said.

JPE pushes for snap elections

In another development, Sen. Juan Ponce Enrile, one of the senators who voted against the opening of the second envelope, reiterated his call for the holding of snap elections to determine Mr. Estrada’s fate as a leader.

He said if the political opposition could not accept a "not guilty" verdict, the issue must be submitted to the people.

Enrile has filed a resolution seeking the conduct of snap elections.

His son, Cagayan Rep. Jack Enrile, also filed a similar resolution at the House.

Meanwhile, Sen. Gregorio Honasan, who led a series of coup attempts against former President Corazon Aquino, warned the opposition that the rightist Rebolusyonaryong Alyansang Makabansa and the Guardian will resist any attempt to grab power by force.

Honasan asserted that the impeachment process is the only legitimate way to oust the President.

He belittled a statement by former National Security Adviser Jose Almonte who has said RAM was poised to strike Honasan off its roster.

"I speak for RAM and the Guardian and it is our collective stand that we will not participate in any attempt to topple the government," Honasan said. — With reports from Liberty Dones, Jose Aravilla, Perseus Echeminada, Pia Lee-Brago, Non Alquitran, Aurea Calica, Marvin Sy, Sandy Araneta, Cecille Suerte Felipe, Marichu Villanueva.