Prosecutor cited in contempt

MANILA, Philippines - For covering his ears to keep out the “shrill” voice of Senator-judge Miriam Defensor-Santiago, a private prosecutor was cited in contempt of the Senate impeachment court yesterday.

Lawyer Vitaliano Aguirre was seen covering his ears with his hands, his head bowed slightly, as Santiago called the prosecutors “gago” or stupid and lambasted them for “lack of neuron activity” for withdrawing five of the eight Articles of Impeachment against Chief Justice Renato Corona.

The Senate will hold a caucus on Monday to decide the penalty to be imposed on Aguirre for direct contempt. Santiago said she would not participate.

She issued a statement late yesterday, saying Aguirre’s gesture “might have been part of a deliberate plot to provoke me.”

In an interview at the end of the 26th day of the impeachment trial, the hypertensive Santiago said her blood pressure shot up to 190/90 as a result of the incident.

“In every court, a judge normally delivers a little sermon, if you would like to call it, or a little homily or lecture, if he feels it is called for, so it is not unconventional,” Santiago said. “I think (Aguirre) just has a mental disorder because you know, a lawyer will never, never aggravate a judge.”

Aguirre, however, considered the “sermon” uncalled for.

“I really did it purposely. Her voice is really shrill and my ears are hurting,” he admitted. “It is important that you show respect if you demand respect.”

Santiago said if Aguirre’s ears hurt, he should leave the impeachment court, with the permission of the court. “But you cannot make this contemptuous gesture in front of a judge and get away with it.”

Sen. Pia Cayetano seconded Santiago’s motion to cite Aguirre for direct contempt, saying, “It is very offensive. It is contemptuous and it is a blatant example of what should never be done in the courtroom.”

Aguirre, a valedictorian of the San Beda College of Law, left the Senate session hall after the day’s proceedings without giving media interviews.

Earlier, he said, “The honorable judge was saying that this was the first time this happened, that the prosecution withdrew a complaint. This is natural in court practice. It happens every day in courts, where lawyers withdraw or amend their complaints. This is the first experience in my 40 years of practice that a judge lectures the lawyers. This is not proper.”

He found an ally in former senator Rene Saguisag, who is also a lawyer.

“What I’ve learned is that courtesy does not detract from valor… so when Aguirre covered his ears, that is hurray,” Saguisag said, flashing a thumbs up in a chance interview in Taguig. “Senators should not use unparliamentary language.”

When he was a defense lawyer for Hubert Webb, a principal accused in the 1991 massacre of three members of the Viczonde family in Parañaque, Aguirre reportedly walked out during the trial.

Ilocos Norte Rep. Rodolfo Fariñas, a member of the House prosecution team, apologized on behalf of the prosecutors, saying, “We express our regrets for what happened, especially to the lady from Iloilo.”

Senate President Juan Ponce Enrile, presiding officer in the impeachment trial, replied, “Apology accepted, but we will enforce respect for this court.”

“We witnessed a disrespect by a member of the Bar to this court,” Enrile said. “We were taught to practice professional behavior and utmost control and respect to the court before whom we appear.”

Sen. Jinggoy Estrada brought up the issue as the impeachment court was about to adjourn for the day.

“The provocation could have been intended to raise my hypertension to an even higher level, precipitating either a stroke or a heart attack,” Santiago said.

She said her staff told her that Aguirre was usually seated in the gallery, and each time she would speak, “he would sneer at me very loudly, intending to make him heard by those around him.”– With Aie Balagtas See