WITH the bold move of House Chief Prosecutor Rep. Niel Tupas to release to the press documents implying Chief Justice Renato Corona  has amassed ill-gotten wealth to purchase real estate properties, the much-publicized “Plan B” of the administration as a fallback to Corona's acquittal by the Senate impeachment court is operational.

The contingency plan had been announced earlier by Deputy Presidential spokesperson Abigail Valte to Malacanang reporters, although she declined to disclose details for obvious reasons.  But some of its major elements are beginning to emerge from the action of House prosecutors to try the case before the public using the media

The Integrated Bar of the Philippines and the Metropolitan and City Judges Association of the Philippines on Sunday accused Malacañang of being “presumptuous” in preparing a “Plan B” if the Senate acquits Corona. 

The groups denounced President Aquino’s reported directive to his legal team to prepare a short list of Corona’s possible replacements.

Roland Inting, IBP executive director, said the 1987 Constitution explicitly stated that Corona may only be replaced through impeachment by Congress or by his voluntary resignation.

Extra-legal replacement?

“It’s very hard and difficult to equate (Plan B) to our understanding of the law,” Inting said. “There’s no other constitutional way of removing the Chief Justice other than those two. We don’t know of any other way.”

He also assailed presidential spokespersons Edwin Lacierda and  Valte, who are both lawyers, for announcing that the President had ordered a search for Corona’s successor.

“They should know the process of nomination of Chief Justice is through the constitutional body called the JBC (Judicial and Bar Council). We find it hard to believe that the two lawyers would say that,” Inting said.

“The only process sanctioned by the Constitution to remove the Chief Justice is by impeachment. Any ‘Plan B,’ therefore, to remove Corona, if he is acquitted by the Senate, is unconstitutional,” said Judge Cesar Merlas, MetCJAP president.

The Cagayan de Oro City judge said the Palace move to initiate a search committee aside from the JBC was a “disrespect” to the body constitutionally mandated to screen candidates for vacancies in the judiciary.

“While the President, no doubt, has the power to appoint a Chief Justice, the selection process, however, constitutionally belongs to the JBC,” Merlas said.

'Plan B' announced

The opening by the House prosecutors of another front, this time in media and outside the impeachment court, seemed to confirm the details of the “Plan B” which Valte had announced to the Malacanang reporters in an earlier press briefing.

The only other legal way to remove Corona from office is to force him to resign. The House move turns up the heat. Public opinion against Corona is building up, according to a Social Weather Station survey in December, since the public accusations were hurled at Corona by Aquino in a string of well-publicized speeches.

The House prosecutors' public disclosures also apply pressure on the Senate.  Several senators have publicly admitted that public opinion will carry weight in their appreciation of evidence and decision to acquit or convict the Chief Justice.

'Occupy Supreme Court'

The impeachment trial of President Joseph Estrada ten years ago fell apart when House prosecutors stormed out in protest over an impeachment court decision to exclude evidence not part in the original impeachment complaint. Streets protests led to the collapse of the government after several Cabinet members resigned and the military leadership withdrew support for Estrada.

Administration supporters do not discount the possibility of street protests during the impeachment trial when things do not go their.  Media supporters of the administration have publicly discussed an “Occupy the Supreme Court Movement” copied from the Wall Street protests in the US.

Thus, the major element of “Plan B” would be to whip up public support for resignation or conviction in the Senate.  Failing that, street protests.

Considering the temper of the times, the “Plan B” scenario seems headed for an incendiary collision course with the Corona defense strategy.

'A real legal battle'

Serafin Cuevas, a retired Supreme Court justice who heads the defense team, said Corona was prepared to disprove allegations that he and his wife, Ma. Cristina, had acquired a 300-square-meter unit at the high-rise The Bellagio in Taguig City through illicit means.

Cuevas was quoted in an interview that Corona was aware of what he will face in his Senate impeachment trial, which begins on Jan. 16.

“This is no joke. This is a real legal battle,” he said. “They (Malacañang and its allies) have everything. They have positions they can dispense with. They have pork barrel worth billions of pesos. What can he (Corona) offer? Nothing.”

Cuevas said that while his client was prepared for the long haul, Corona would block attempts by the House panel to prolong the impeachment trial by presenting new allegations.

The rules on evidence prohibit the presentation of materials in support of allegations which are not stated in the eight articles of impeachment that the House had submitted to the Senate, Cuevas said.

“A prolonged impeachment trial will not happen because we will not allow it. They cannot present evidence not in support of the allegations they made in their complaint. We would object to it,”  Cuevas said in explaining the defense strategy.

'Long hours'

Cuevas said Corona and members of his legal team had been meeting “for long hours” for the coming trial for alleged culpable violation of the Constitution, betrayal of public trust and graft and corruption.

Cuevas said that the Coronas had bought the Bellagio unit and other properties using “hard-earned money.” In fact, he said, the Chief Justice was still paying for the condominium unit.  “Until now, that is not yet fully paid,” he said.

Trial by publicity

By disclosing Corona’s alleged questionable acquisition of wealth to the media, the House panel was clearly resorting to “trial by publicity” and that it was a sign that evidence against the Chief Justice was “weak,” Cuevas said.

“They are really trying to demonize the Chief Justice,” he said. “But there could be no motive whatsoever, except (to sway) public opinion and to portray Corona as a violator of the law and a tax evader.”

When the Senate begins the impeachment trial on May 16, the die seems to have been cast in the public mind, if not in the trial.