Day 41 of the Impeachment Trial : The never ending story will find its natural end

At 2:09 pm, a stern but determined looking Presiding Judge, Juan Ponce Enrile, entered the hall and led the other Senator-Judges to begin the much-awaited trial. Yet, it was certain that Corona, the respondent, was not acting out any drama. He was in the hospital and was possibly headed for a heart attack. One thing for sure, he had no plans of heading for the Senate Hall that day. He just couldn’t.

Senator-Judge Bong Revilla led the opening prayer and said, in part that, “A nation without guidance is a nation without honor.” 22 other Senator-Judges were present and the feisty Senator-Judge Miram Defensor-Santiago was the only one absent.

Majority Floor Leader Sotto announced that the Court was now ready for the continuation of the testimony of the Chief Justice Corona. We wondered if the Chief Justice was hidden somewhere in the hall despite the earlier announcements from the hospital.

Lead Counsel Serafin Cuevas stood up to say that he went to the hospital where the Chief Justice was confined to bring him to the Court and to testify and be cross-examined. He claimed that he could not speak with the Chief Justice because he was heavily sedated. “The chief justice is in sedation and we were prohibited by the physician in charge to have a conference with him,” he added. Further he said that he spoke with Mrs. Cristina Corona, (the wife of the CJ) Carla, (the daughter) and the son, Francis and that they confirmed that the Chief Justice would testify after he was released from the hospital.

CVuevas continued to say that Corona wss still in the hospital though and that he was really NOT in a position to testify considering his physical and mental condition. He can’t even stand up. He’s gasping for breath, Cuevas added.

Understanding the realities of the situation, Cuevas said that, “We acknowledge the magnanimity, over liberality of this court but our impediment now is medical. We apologize to the court. According to physicians in charge, it can take him until Monday, Cuevas said.

The Presiding Judge was firm and looked decided as he told Cuevas that, “If you can’t assure us (he’ll be back) we’ll make a ruling that cannot be changed by anyone.” This was dangerously so close to saying what the earlier caucus with the Senators was all about.

Lead prosecutor Representative Tupas stood up to say that the Prosecution was going to cross examine the Chief Justice when the Presiding Judge asked them if they needed to cross-examine him. Cuevas retorted that the Prosecution may cross-examine the Chief Justice after the Defense was through with its direct. In the meantime, Enrile remained stony-faced as with most of the Senator-Judges. It seemed they were decided, one way or the other – with the Chief Justice or not.

It was then that Mario Bautista, private prosecutor stood up to whisper something in the ears of Tupaz. It was then that Tupaz made an about face to say that if Corona would be back only for cross, the Prosecution were willing to waive the right to cross-examination. Obviously again, the same tune was being sung by everyone. They all picked up their cues except for the Defense that realized they were at the losing end of this argument.

Enrile told the Defense that we shall give you until Friday. After that, we will consider case closed. On Monday, we will schedule oral arguments. This is totally revealing. An ultimatum has been given and with or without Corona, the case was to be judged. Enrile then asked if the Chief Justice would present his bank records.

One piece of good news is that the Opening Statement of Chief Justice Corona would be admitted in evidence and Cuevas underlined that the testimony CJ made yesterday LIES ENTIRELY ON HIS CREDIBILITY.

It was then that Senator-Judge asked the defense to show documented evidence on CJ’s forex investments in the late 60s. Cuevas said they will not submit any documents to support CJ’s testimony. This definitely means that by Tuesday, the Senate would have decided on Corona’s fate, one way or the other.

On a question from the Prosecution, Enrile laid down the ground rules for the summation of the trial: One hour for each side in oral arguments, includes opening and closing arguments of Prosecution and another hour for the Defense to argue. He then asked the Defense to be ready with their formal offer of evidence by Friday. Enrile continued to say that each senator would be asked their judgment on the case, having 2 minutes to explain their individual votes.

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