February 21, 2012 - Department of Justice Secretary Leila de Lima is expected to attend Wednesday's hearing in the Corona impeachment trial, even as it remains unclear whether or not she will be testifying as a witness for Article 7 of the impeachment complaint.

Article 7 states that the chief justice "betrayed the public trust through his partiality in granting a temporary restraining order in favor of former President Gloria Macapagal-Arroyo and her husband Jose Miguel Arroyo in order to give them an opportunity to escape prosecution and to frustrate the ends of justice."

House prosecution spokesperson Romero Federico "Miro" Quimbo clarified, however, that there is no firm decision yet on the matter because everything will still depend on the lurching progress of the proceedings.

Court rejects PAL witness

During Tuesday's impeachment hearing, Presiding officer and Senate President Juan Ponce Enrile rejected the motion for Enrique Javier, Philippine Airlines Vice President for Sales, to be a prosecution witness for Article 3.

The intention was for Javier to testify on Corona's PAL platinum card, which was allegedly used to grant him special privileges. Enrile ruled that this allegation was not stated in Article 3 that tackles Chief Justice Renato Corona’s competence and integrity.

"The discharge of your witness is not the fault of this Court, but the fault of the way you are presenting your case," Enrile told Chief Prosecutor Niel Tupas Jr. He added that the court may send the complaint back to the Lower House if the prosecution insisted on presenting Javier as a witness in that context.

The prosecution had stated its intention to appeal the impeachment court's ruling because they said they believe that Javier's testimony will shake Corona's integrity in the face of his alleged partiality on the case of the Flight Stewards Association of the Philippines against PAL.

Quimbo said that not admitting Javier as a witness would be unfair to members of FASAP.

For his part, defense lawyer Rico Quicho said that the prosecutors should have prepared their case adequately instead of blaming the defense for their shortcomings. He said it is laughable for the prosecution to claim that the defense is resorting to technicalities when all the defense did was to make sure that Corona has not being deprived of his right to due process.

Lead Defense Counsel Serafin Cuevas said the prosecution's only remedy is to amend their impeachment complaint against Corona.

With reports from Ina Andolong, Stephanie Ongkiko, Patricia de Leon, Albert Alice, and Carol Ramoran