Impeachment musings

May 22, 6:15 a.m.

Today is the most awaited day of the impeachment trial with its most important witness set to testify. After much prodding, cajoling and baiting the Chief Justice has decided (reportedly against the advice of his lawyers), to take the witness stand.

I wonder what is going on in the CJ’s mind? A moment of truth for sure. Will he rise to the challenge of exoneration or fall to the pressure of conviction? Is he physically and psychologically ready to face the intense grilling from the prosecution and the Senator-judges? A major newspaper headlined him supposedly as saying “I have no fear.”

What will the legal strategy of the CJ be? Will he attack the authenticity of the AMLC report and flat out deny the existence of the US dollar accounts?

He has earlier denied having US$10-12 million but will he own up to having any accounts and reveal their balances? Will he claim that the monies belong to someone else?

Will he argue that R.A. 6426 (the Foreign Currency Deposit Act) prohibits him from disclosing his foreign currency holdings? But if does so, how will he rebut the seeming commonsensical obligation for public officers to at least disclose the peso equivalent of these holdings? All of the above perhaps? Also, how will he explain the other peso accounts?

Will he adopt a fighting stance, truly bare all and in the process involve others? Or will he appear docile, mumble a mea culpa and just argue that non disclosure of assets is a minor offense and does not constitute a sufficient ground for removal.

I hope that his testimony will clarify issues rather than raise more questions. Perhaps he will deliver an opening statement and then announce a dramatic resignation. But then again, he may not even show up at all.

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May 22, 9 p.m. How would I assess the Chief Justice’s performance?

He started strong. Using Tag-lish increased the perception of sincerity. His constant reference to family reputation and honor seemed to resonate. But it became clear early on that his audience was not the impeachment court but the millions glued to their television sets, radios and computers.

Then he started to ramble. Violating the timeless adage “more talk, more mistake,” he ranted against certain media outfits and raged against his detractors. He rumbled about the exaggerations regarding his wealth but verily admitted that he had assets that were not declared in his SALN. His voluntary signing of the bank waiver was diluted by the involuntary condition imposed. And his non-permitted leaving the witness stand impermissibly violated the hospitality and respect accorded to him by the presiding officer. His opening statement turned into a closing argument. From his actuations, it would seem that he has no plans of returning to the Senate. Will the defense move for a mis-trial? Will they seek the assistance of the Supreme Court?

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May 23, 3:30 p.m. With the CJ’s absence, the impeachment court was forced to abbreviate its proceedings, the shortest yet in the 41-day-old trial. The presiding officer delivered a firm yet compassionate ruling by giving the respondent until Friday to return. Will the impeachment court witness a “MacArthur event” or are they just “Waiting for Godot”?

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May 24, 9 p.m. The lead defense counsel has just assured the public on nationwide television that the Chief Justice will show up tomorrow. There is a report that he may even sign an unconditional waiver on his bank accounts. Vamos a ver.

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May 25, p.m The Chief Justice did return. With humility, he sought the indulgence of the impeachment court for his behavior last Tuesday. The defense panel did not conduct any further direct examination. Given CJ’s admissions in his opening statement and his frail condition, the prosecution decided to forego cross examination as well. And as earlier reported, the CJ unconditionally waived the secrecy of his bank deposits. But is there still time to open the accounts given the self-imposed May 31 deadline to deliver a verdict set by the impeachment court? How will the latter decide the issue? My own deadline for submitting this column has arrived so I hope dear reader that you followed the proceedings on your own.

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In Memoriam: The passing week was marked by a flurry of sudden deaths. Betty Baron-Marcelo, who’s cooking and baking (including her trade mark sans rival) was a staple in our family table in many of our milestone moments, peacefully slept to her eternal rest.

The midnight “joy ride” inside the Ayala Alabang Village of the four Alabang kids produced anything but joy for their parents and loved ones. Condolences to the Syyap, Garcia and Nguyen families.

Veteran media practitioner Lito Balquiedra Jr.’s rough, oftentimes crude, yet endearing antics will certainly be missed not only by Mari, Patty, Bombi and granddaughters but by his many friends both inside and outside the industry. With LBJ’s passing, one thing is for sure – it is less fun in the Philippines!

And then there was Karen Hernandez Montinola, beloved wife to Johnny, doting mother to Rafa, Alexa, Juliana and Marquitos and caring daughter to Eddie and Baby Hernandez. The poignant farewell mass was tinged, in the words of good friend Rhona Macasaet, “with a beautiful sadness” and highlighted by Alexa’s and Johnny’s stirring eulogies. Perhaps Adrian was getting lonely in heaven and Karen heeded her younger brother’s call to join him in our eternal abode.

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“The penalty good men pay for indifference to public affairs is to be ruled by evil men” – Plato

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