Tuesday, January 24, 2012

Day 5 : What Transpired

The following are the major points taken up in today's proceedings:

1. Presumption of Innocence of the accused is being maintained.

2. The nature of the the proceedings is quasi-judicial and quasi-political.

3. The quantum of evidence necessary to convict the accused will be discussed and decided upon by the court in a caucus.

4. Prosecution maintains that substantial evidence is required.

5. Defense position is that proof beyond reasonable doubt is required.

6. Defense argued that evidence must be marked, offered and admitted before it can be considered as such.

7. Parties were required to submit their respective list of witnesses' names and substance of their testimony including a list of documents to be presented.

8. Parties argued whether the evidence presented so far did not violate the right of the accused to be sufficiently informed of the accusation against him.

9. Prosecution maintains that the accusation on ill gotten wealth is enclosed under Article II.

10. According to the prosecution, the charges were enumerated for convenience. But the court is pointing out that it is in a quandary how to treat them. Prosecution submits that it has sufficiently alleged the accusation of ill gotten wealth.

11. Defense points out that the allegations are conjectural and speculative that do not require any denial particularly so when there is no allegations of ultimate facts but mere conclusion of facts.

13. Defense maintains that the rules of court on pleadings do not apply in the impeachment proceedings. Besides defense did not file any motion to dismiss no the matter of ill gotten wealth.

14. According to Senator-Judge Santiago, if there is doubt, admit the evidence. Rules should be liberally construed as against a technicality. The more evidence admitted, the more credible the decision of the court will be.

15. Prosecution is asking the court to be more liberal and flexible in the reception of evidence. Court instead advised the prosecution to organize its presentation of evidence to expedite the proceedings.

16. Court will be honorable, reasonable, impartial and just in its role.
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