No detention, only admonition for lawyer

MANILA, Philippines - It took all of five minutes for senators to decide yesterday that the private prosecutor cited for direct contempt of the impeachment court could get off with just a virtual slap on the wrist.

Lawyer Vitaliano Aguirre, who could have been detained for up to 10 days and fined P2,000 for contempt, instead received a mere admonition “to be more careful” of his conduct as a prosecutor.

The simple admonition, imposed due to what Senate President Juan Ponce Enrile described as the “unusual circumstances that surrounded the incident,” will be put on record of the impeachment court.

“I think it will be better to do it that way in order not to create any further friction in the course of the trial, as well as to quiet the issue already,” said Enrile, presiding officer in the impeachment trial.

Sen. Miriam Defensor-Santiago accepted the decision of her colleagues. She had moved to cite Aguirre in contempt for covering his ears while she was scolding prosecutors at the trial last week. Sen. Pia Cayetano had seconded the motion.

 “Justice has been done and honor has been satisfied. I understand that this morning and even last week, he has been apologizing to me,” Santiago said at a press conference.

Aguirre, who withdrew as a member of the prosecution team last week, said he and his family were “very happy” about the Senate’s decision.

“I believe I was the victim here, not the perpetrator,” Aguirre told The STAR.

He emphasized that he harbored no personal ill feelings toward Santiago, although he suggested that she change her attitude.

“This is not personal to me. For me, it cannot be that you become repugnant and do damage to other people.”

Outside the Senate, supporters of Aguirre held a rally yesterday, wearing t-shirts featuring his face and covering their ears.

Senators held a caucus on matters pending with the impeachment court for two-and-a-half hours. But the discussion on Aguirre’s penalty took only five minutes, according to Senate Majority Leader Vicente Sotto III.

After the caucus, Enrile said, “In view of the unusual circumstances that surrounded the incident, the impeachment court, although there is enough evidence that may be considered contemptuous of the court, I would not impose a penalty with respect to laws of freedom on Attorney Aguirre, but simply to admonish him to be more careful henceforth, with his conduct as a member of the prosecution panel. So that’s it.”

Senate sources said before the decision was reached, Sen. Panfilo Lacson had presented a letter to his colleagues reportedly coming from former government officials. The letter, the sources said, cited the case of a local trial court judge who was removed from his post for harsh treatment of a lawyer.

The sources said senators also feared that a harsh penalty on Aguirre could backfire on the impeachment court.

Reacting to the penalty, defense lawyer Tranquil Salvador III said, “An admonition is not in the nature of a penalty since it is a gentle and friendly reproof.” – With Paolo Romero