Republic of the Philippines Supreme Court Manila CHIEF JUSTICE RENATO C. CORONA, Petitioner, - versus — G.R.No. SENATE of the PHILIPPINES sitting as an IMPEACHMENT COURT, BANK OF THE PHILIPPINE ISLANDS, PHILIPPINE SAVINGS BANK, ARLENE “KAKA” ~~ BAG-AO, GIORGIDI AGGABAO, MARILYN PRIMICIAS-AGABAS, NIEL TUPAS, RODOLFO FARINAS, SHERWIN TUGNA, RAUL DAZA, ELPIDIO BARZAGA, REYNALDO UMALI, — NERI COLMENARES (ALSO KNOWN AS THE PROSECUTORS FROM THE HOUSE OF REPRESENTATIVES), Respondents. x URGENT PETITION FOR CERTIORARI AND PROHIBITION WITH PRAYER FOR IMMEDIATE ISSUANCE OF TEMPORARY RESTRAINING ORDER (TRO) AND WRIT OF PRELIMINARY INJUNCTION While it has often been said that by and large, the tial in an impeachment case is political in nature, nonetheless, such is neither an excuse nor a license for us t0 ignore and abandon our soleran and higher obligation and responsiblity as body of jurors to see to it that the vill of rights are observed and that justice is sereed and fo conduct the trial with impartiality and fairness, to hear the case with a clear and open mind, to weigh carefully in this scale the evidence against the respondent and fo render to him a just verdict bared on no otherconsideration than our constitution and laws, the facts presented to us and our individual moral convictions. — Presiding Officer Juan Ponce Ennile COMES NOW, Petitioner RENATO C. CORONA, Chief Justice of the Republic of the Philippines, through the undersigned counsel, unto this Honorable Court, most respectfully manifests and avers: PREFATORY Is the Impeachment ‘Trial beyond the reach of judicial review? Defense Counsel for CJ Corona are unfairly criticized for using “technicalities of law” to prevent the fair introduction of evidence. It is argued that this should stop so that the public may know the “truth.” Is it not enough that the Verified Complaint was ramrodded against all odds? Must we now endure the monumental emptiness of the Prosecution’s case? The nation waits in vain as none of the 188 Complainants comes forward to provide admissible testimony against C} Corona. None of them has any personal knowledge worthy of this nation’s time. All throughout the proceedings, ‘counsel for CJ Corona are forced into ligation with standards so far below the norm in regular proceedings that there appear no identifiable limits before the Impeachment Court. ‘The effect has been the unhappy experience of trying the impeachment case with the general public as the judge and jury. Not only does this violate the right of CJ Corona to the cold, neutrality of an impartial judge, but it also denies him the Urgent Petition for Certionari Page 2 of 39fundamental right to a trial in accordance with the “Constitution and the laws of the Republic of the Philippin Instead, televiewers are being treated to a broadside intrusion of C] Corona’s private life, the humiliation of his family and a carnival atmosphere where a high-ranking magistrate is being shamed and insulted for all to see. He will not resign, Defense Counsel will adhere to their solemn oath as eagles of the law “to present every defense the law permits, to the end that no person may be deprived of life or liberty, but by due process of law.” Are Defense Counsel expected to abandon the constitutional rights of CJ Corona to accommodate the Prosecutors and the restless public? Surely, this cannot be so. The endless pleas of the Prosecution to the so-called “people’s clamor” has brought about the erroneous application of liberality in the proceedings, when in fact, the exact opposite should be the case. For proper protection agair t the infringement of constitiational rights, this Impeachment Court would be better poised to adopt the strictissini juris tale of interpretation. ‘The liberal attitude of the Impeachment Court has turned the proceedings into a fishing expedition, while CJ Corona is forced to swim against the tide, Defens Counsel have no choice but to stand firm at every step in the hope of saving C] Corona from the flood of improper prejudicial matters. As repeatedly argued, it appears that the right of CJ) Corona to due process of law has been ignored, all for the sake of accommodating the viewing * Please see Oath of Office of Senator Judges, Rules of Impeachment. Urgent Petition for Certonari Page 3 of 39