DAY 5 CHIEF JUSTICE CORONA IMPEACHMENT TRIAL: CLARIFICATION ON RULES OF COURT AND EVIDENCE

Question of evidence: How much proof is needed for impeachment trials?
MARLON ANTHONY TONSON, GMA News January 25, 2012 10:02am

Do the rules of evidence in criminal cases apply to impeachment cases? Or will the lighter burden of proof in simple administrative cases do instead?

On Tuesday upon the suggestion of Senator-judge Miriam Defensor Santiago, the Senate decided to hold a caucus to determine the standard of evidence the House prosecution panel must attain to convince the senator-judges trying the case to convict impeached Chief Justice Renato Corona. The Supreme Court has held in a long line of cases that when it comes to standards of evidence, "proof beyond reasonable doubt is at the highest level, followed by clear and convincing evidence, then by preponderance of evidence, and lastly by substantial evidence, in that order."

Which standard of evidence applies depends on the nature of the case. So, the impeachment case against Corona -- are the proceedings criminal, civil or administrative?

'Akin to criminal proceedings'

On the first day of trial last week, the Presiding Officer of the Senate sitting as the Impeachment Court, Senate President Juan Ponce Enrile, expressed the opinion that impeachment was "akin to criminal proceedings" and that statement alarmed the House prosecution panel and appeased Corona's defense team.

On Tuesday, lead defense counsel Serafin Cuevas, a former SC associate justice, said that since Corona faces the accessory penalty of perpetual disqualification from holding public office, which was like a criminal penalty, then the quantum of evidence in the impeachment trial should be proof beyond reasonable doubt like in criminal cases.

Proof beyond reasonable doubt is "that degree of proof which produces conviction in an unprejudiced mind" which arises from moral certainty and not absolute certainty that the person to be convicted is guilty of the crime. The constitutional provisions on impeachment speak of "conviction" while the Senate Rules of Procedure in Impeachment Proceedings speak of a "plea of guilty" or a "plea of not guilty."

But Corona wrote in his Separate Opinion to the Supreme Court's November 2003 decision dismissing the second impeachment complaint lodged against then Chief Justice Hilario Davide Jr. that "[b]ecause of its peculiar structure and purpose, impeachment proceedings are neither civil nor criminal."

Corona then quoted Justice Joseph Story of the United States Supreme Court: "The design of impeachment is to remove the impeachable officer from office, not to punish him. An impeachable act need not be criminal. That explains why the Constitution states that the officer removed shall be subject to prosecution in an ordinary criminal case."

'Substantial' or 'preponderance'?
In response to the statement Cuevas made on Tuesday, House lead prosecutor Rep. Niel Tupas Jr. argued that impeachment is just administrative proceedings to remove an impeachable officer from office and not to punish the official.

The standard of evidence in administrative cases is only substantial evidence -- the easiest level of evidence to be reached by a prosecutor. Substantial evidence refers to such amount of relevant evidence which a reasonable mind might accept as adequate to justify a conclusion.

Higher than the standard of substantial evidence in administrative proceedings in quasi-judicial bodies is the standard of preponderance of evidence in civil cases in courts.

Preponderance of evidence pertains to "probability of the truth." It is evidence of the side that the court finds more convincing and worthy of belief.

The Rules of Court explain how to determine preponderance of evidence.




Section 1 of Rule 133 states that "the court may consider all the facts and circumstances of the case, the witnesses' manner of testifying, their intelligence, their means and opportunity of knowing the facts to which they are testifying, the nature of the facts to which they testify, the probability or improbability of their testimony, their interest or want of interest, and also their personal credibility so far as the same may legitimately appear upon the trial."

'Clear and convincing proof,' 'overwhelming preponderance'

Also on Tuesday, Senator-judges Santiago and Alan Peter Cayetano called attention to that level of evidentiary standard between civil cases and criminal proceedings. They were referring to "clear and convincing proof" -- a more stringent standard than preponderance of evidence but less than proof beyond reasonable doubt.
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[MegaMikepa]

ang magnanakaw ay galit sa kapwa magnanakaw

[MegaMikepa]

ang magnanakaw ay galit sa magnanakaw un lang po

[theanimaster]

LOLz~!! The defense is giving the prosecution tips on how to make a statement!! HAHAHA... NOOBS~! Seems the judge is already decided/bought though -- I mean, basically saying "We don't need to follow rules, we can make em up for ANY case whenever, wherever". I can see wy so many BOBO pinoys can believe the prosecution's drivel -- because they put it in BOBO terms! The defense is always speaking in professional, lawyer-like sense! Only a person with half a brain would know it!

[theanimaster]

I don't care who's guilty or not (all politicians are criminals, and you need to have criminal intent to get into politics in the first place) but I have to say -- that is one fucked up blooper from the prosecution. I mean, if I were anti-Corona I'd be going "You fuckers are BLOWING it, we're DOOMED!!" So yeah. You know what? Doesn't matter who wins, the Philippines is fucked for life. That is, unless you guys have placed your bets on this thing...

[MrKantothangin]

KAHIT BALI-BALIGTARIN CGURADO AKO NA MATATANGGAL SI CORONA KAHIT MANGAGAT PA AT MAULOL SI MIRRIAM AT MAGLAWAY PA SI CUEVAS SA PAGTATANGGOL KE CORONA HAHAHA....

[AntiPinoyTV]

@eduardbill RE: sa labas dahil pag tapos ng trial, convicted na si corona sa kulungan pa ang bagsak.

HAHAHAHA! KEEP ON DREAMING. PALIBHASA BOBO AT UTO UTO KA!