Senator Edgardo Angara. INQUIRER file photo
Citing conflict of interest, defense lawyers on Monday moved to inhibit Senator Edgardo Angara from sitting as a judge in the impeachment trial of Chief Justice Renato Corona.
In a seven-page motion, the defense counsels said recent events, including the approval by the government of multibillion-peso projects in Angara鈥檚 home province of Aurora, may affect the senator鈥檚 鈥減artiality in favor of the Liberal Party and President Benigno C. Aquino.鈥�
Corona鈥檚 lawyers also noted that Angara鈥檚 son, Aurora Rep. Juan Edgardo 鈥淪onny鈥� Angara, was a member of House prosecution panel as a spokesman.
鈥淲ithout doubt, the grounds for the inhibition of [Angara] are clear and unequivocal,鈥� the lawyers said.
鈥淭he mere participation of [Angara鈥檚 son] in any aspect of these proceedings places [the senator] in a position of potential conflict. What seems to be missed in all this is that [Sonny] is the son and direct descendant of Senator-judge Angara,鈥� they added.
The defense earlier called for the inhibition of Sen. Franklin Drilon, who had been accused of working with the prosecution lawyers.
The petition against Angara was signed by Corona鈥檚 lead counsel, retired Supreme Court Associate Justice Serafin Cuevas, and defense lawyers Noel Lazaro, Jose Roy III and Dennis Manalo.
鈥淚 won鈥檛 inhibit myself because it鈥檚 my constitutional duty, it鈥檚 a duty imposed on us not because we like it but because the Constitution says that senators be the judges in case of impeachment,鈥� Angara told reporters.
鈥淚 had nothing to do with the appointment of my son as a spokesperson, even as a prosecutor,鈥� he said. 鈥淪onny is not a party litigant nor is he going to be substantially benefited by whatever is the outcome of the impeachment,鈥� he said. 鈥淭here鈥檚 no such conflict of interest. The grounds that they are citing 鈥� are without basis.鈥�
The defense said 鈥渋t cannot be denied鈥� that Angara鈥檚 son had signified his intention to join the Liberal Party鈥檚 senatorial lineup in the 2013 elections.
It said the approval of the infrastructure projects that Angara 鈥渟uccessfully worked for鈥� would help Sonny鈥檚 political ambition and 鈥渨ill surely be claimed as accomplishments of the Angara political leadership in Aurora province.鈥�
These projects included the P1.66-billion Baler-Casiguran Road Improvement Project and the P798.56-million Umiray Bridge Construction Project in Aurora and the P1.81-billion Samar Pacific Coastal Road Project in the Visayas region.
鈥淭he scale and timing of these projects appear more as political favors and inducements, rather than just honest-to-goodness responses to development concerns,鈥� the defense said.
鈥淲hile such projects may involve legitimate infrastructure projects, their approval seems timed to coincide with the voting period of the impeachment trial of Chief Justice Corona and in preparation for the forthcoming 2013 national elections.鈥�
The defense stressed that the Code of Judicial Conduct clearly stipulated that a judge related by 鈥渃onsanguinity or affinity to a party litigant within the sixth degree or to counsel within the fourth degree鈥� should not participate in a case involving relatives.
鈥淭here is no question that this mandatory prohibition applies to the instant case. This ground is singularly sufficient to warrant the recusal of Senator-judge Angara,鈥� Corona鈥檚 counsels said.
They said that it was a 鈥渨ell-known rule that the lawyer and his agents are inseparable in legal effect and the conduct of one binds the other.鈥�
In a press briefing, the younger Angara said the defense move was unfair and could mean a vote of acquittal for Corona.
Sonny Angara said it was also a strategy of the defense to prevent the prosecutors from getting the required 16 votes to convict Corona for betrayal of public trust and culpable violation of the Constitution.
He also dismissed speculations that his inclusion in the prosecution team as spokesman as well as President Aquino鈥檚 endorsement of him in a town fiesta as a Liberal Party senatorial candidate recently was meant to boost his chances in the 2013 elections.
鈥淚 don鈥檛 see it as an out-and-out endorsement because I don鈥檛 think the political season has begun,鈥� he said.鈥�With a report from Cynthia D. Balana