Joker to prosecutors in Merci case: Be prepared

Senator Joker Arroyo on Thursday warned the House prosecutors in the impeachment case against Ombudsman Merceditas Gutierrez to be prepared when they face the Senate once the the trial proper commences in the chamber. Arroyo, who was a prosecutor during the impeachment trial of former President Joseph Estrada in late 2000 to early 2001, said that it won't be "fair" to the Senate and the public if the prosecutors will come to the trial without the evidence that is needed. "They should think about this case as a very serious case and (they should) be ready with the evidence because I think that the Senate is prepared to ask questions and probe deep into whether the articles of impeachment contain impeachable offense," he told reporters in an interview. Arroyo explained that an impeachable offense is the "the definition by which every allegation should be supported." "There can be offenses but if they’re not impeachable, then the Senate cannot take it up," he said. Section 2, Article XI of the 1987 Constitution states that the grounds for the removal of the Ombudsman from office are "culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of public trust." The House had earlier identified the six allegations against Gutierrez, which will constitute the articles of impeachment against her: (1) the Office of the Ombudsman has performed dismally as shown by the low conviction rate achieved by the office; (2) the unreasonable failure to take prompt and immediate action on complaints filed against various public officials, including former President Gloria Macapagal-Arroyo and (husband) Jose Miguel Arroyo regarding the NBN-ZTE broadband project; (3) the inexcusable delay of the Ombudsman in conducting and concluding its investigation into the wrongful death of Ensign Philip Andrew Pestaño aboard a Philippine navy vessel; (4) inaction in the matter of the Fertilizer Fund Scam; (5) inaction in the matter of the Mega Pacific deal; and (6) inaction in the matter of the “Euro Generals" issue. Arroyo advised the lawmakers, however, to consolidate the six articles. "One article is enough to impeach... they should present the strongest case. If you concentrate on six and scatter them, they’ll be wasting their time," he said. He said that during Estrada's trial, they spent two and a half-months just on one and a half articles of the four articles presented. Arroyo suggested that the House prosecutors consult with House Speaker Sonny Belmonte, who was the chief prosecutor during their time. "I think that the house members will benefit from... a very serious consultation with Speaker Belmonte. He knows (what to do)," he said. The Senate has yet to adopt an amended set of impeachment procedures, which will determine whether private prosecutors will be allowed to join the trial. But Senate justice panel chairman Senator Francis Escudero had said that private prosecutors can assist the House prosecutors during the proceedings. Senate Majority Floor Leader Vicente Sotto III earlier said they expect the impeachment trial to begin on May 9, when Congress resumes session. — RSJ, GMA News