Corona Impeachment: Vitaliano Aguirre Covers Ears From Sen. Miriam Santiago
This was yesterday, last Feb 29, 2012.
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| EARFUL An irate Sen. Miriam Defensor-Santiago covers her ears during a tumultuous moment in the impeachment trial of Chief Justice Renato Corona on Wednesday after private prosecutor Vitaliano Aguirre III was caught on camera covering his ears as Santiago was berating the prosecution panel. Aguirre, who said his ears “were hurting,” was later cited in contempt for disrespect of a senator-judge. |
Atty. Vitaliano Aguirre " How could you respect a person when that person herself does not show respect?"
But here is Senator Miriam Defensor-Santiago speaking openly to the alleged "Dirty Tactics" being used by PNoy's Prosecution Team Tupas, Farinas, Vitaliano Aguirre of Trial by Publicity & Contempt of Court.
What was Miriam Santiago talking about? She was berating the Prosecution Panel for playing around with the whole impeachment proceedings by employing "tactics" like the dropping of five of the eight charges or Articles of Impeachment against the Chief Justice all of a sudden.
Santiago said some colleagues had read and studied all eight articles in fulfillment of their functions as senator-judges. Santiago wondered whether prosecutors “acted in good faith” when they told the impeachment court in a legal compliance submitted in January that they would present evidence and witnesses for eight articles.
Scolding the Prosecution
“I was not born yesterday. We will be studied generations from now. This is a travesty. I request the secretariat to record in the journal that I said, ‘Wah!’” she said.
Santiago repeated this expression three times.
After the blast, Sotto said that Senator Serge Osmeña had asked, “What’s the spelling of ‘Wah?’”
“Because now you turn around and say you don’t want to do that,” she noted.
“That’s what the law calls frivolous when you say ‘I don’t want to present evidence on eight, I only want to present evidence on five.’ Let me remind you gentlemen, the lawyer’s oath: I will do no falsehood, not promote or sue any groundless, false or unlawful suit or aid or consent to the same,” she said.
As per the Senators, "you have just left with permission from the court if you do not like what you are hearing." (See video below.)
The report noted that Senator Jinggoy Estrada saw Aguirre's move and called his attention. Estrada then told Aguirre that what he was doing was an insult to Santiago. Then, Santiago also stood up and called for a point of order in an apparent attempt to have Aguirre cited for contempt.
Aguirre claimed that he only made the gesture becuase he was "hurt by Santiago's criticism of the prosecution." He pointed out that he found Santiago's voice "shrill" and it "hurt his ears." However, both Santiago and Estrada said Aguirre should have just left the court if he did not like what he heard. The report quoted what Santiago told Aguirre: "You cannot make those contemptuous gestures and get away [with] it."
Important "speeches" from the proceedings:
SANTIAGO to Prosecution and Aguire:
“Imagine if all the lawyers did that in front of the impeachment court, if all of the senator-judges took the (floor) to express his opinions … (if) you don’t agree with (us) then don’t listen to us, get out of the courtroom!”.
“I charge this private prosecutor with contempt of this impeachment court! I have evidence right here taken by Senator Alan Peter Cayetano, and to say that nasaktan ang tenga ko (my ears hurt) should have been (a cause) for you to walk out of this impeachment court. But you cannot make those contemptuous gestures in front of a judge, and get away with it,” Santiago declared.
“I am terribly concerned that this might constitute unethical behavior in this trial court,” she said.
“We have a term of art—‘frivolous and sham’—that can be taken in its technical meaning. A frivolous claim refers to a motion or lawsuit motivated by intent merely to harass, delay or embarrass the opposition. The claim must have no arguable basis in law or in fact,” she explained.
JINGGOY to Aguiree:
“It seemed that you don’t want to listen to her,” Estrada said. “That’s disrespect for a member of this court.”
AGUIRE to public:
“This happens every day. The fact is that this is the first time that I experienced in my 40 years of practice that a judge would lecture his lawyers. That’s not proper,” Aguirre said.
“May I say something? If my actuation has hurt somebody, I really did it purposely because my ears were hurting from her shrill voice. My point here is that even if we’re mere lawyers, we also deserve respect. If you demand respect, respect also these lawyers because human dignity has no equal.”
Aguirre swiftly replied: “I was about to leave but …”
“Granted!” Santiago roared. “If that is in the form of a motion, go ahead! You’re challenging me!”
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