Tuesday, January 24, 2012

Day 5 : Analysis

Two Senator-Judges have taken the center stage today during the impeachment trial. First, was Senator-Judge Miriam Defensor Santiago who has, in a way, admonished the prosecution, not to waste the time of the court and that they must come prepared. Second, was Senator-Judge and Presiding Chairman Judge of the court who has signified his willingness to step down if it be the pleasure of the court.

The first was prompted by the fact that when asked, the prosecution was unable to specify the number of witnesses and the number of documents that they intend to present; while the defense were able to readily provide the numbers. The second was a result of a manifestation on the part of the prosecution for the court or at least the presiding judge to be flexible in the proceedings. However, when asked what was meant by being flexible, there were negative answers. Meaning, should the court ask misleading questions? No. Set aside the best evidence rule? No. Ask leading questions? No. So on and so forth.

Consequently, the court adjourned until tomorrow for the continuation of the trial and the prosecution was directed to submit a memorandum on a pending issue particularly in relation with the admissibility of the evidence so far presented.

What was the significance of today’s trial then?

From a positive point of view, it is a healthy exercise or process considering that it will enable the parties including the court to address certain concerns, and which if resolved or attended to would hopefully expedite the proceedings.

From a  negative point of view, it is an ominous sign of things to come. It must be noted that from Day 1, there have been questions and debates on the rules and the proceedings, which one by one the court is able to resolve anyway. However, if that would be the gauging point to determine the rate things or the proceedings would go, then all of us are in for a long haul.

In the United States, the impeachment proceedings or trial of then President Clinton lasted for only about a month and five days, or from January 7, 1999 to February 12, 1999.

On the part of the current trial of the Chief Justice, we are still on Day 5 and thus, it may be too early to state as to the length of time when it will last. We can only hope and pray for the best and the sooner this is over the better for our country and our nation.