| Question of evidence: How much proof is needed for impeachment trials? MARLON ANTHONY TONSON, GMA News January 25, 2012 10:02am Do the rules of evidence in criminal cases apply to impeachment cases? Or will the lighter burden of proof in simple administrative cases do instead? On Tuesday upon the suggestion of Senator-judge Miriam Defensor Santiago, the Senate decided to hold a caucus to determine the standard of evidence the House prosecution panel must attain to convince the senator-judges trying the case to convict impeached Chief Justice Renato Corona. The Supreme Court has held in a long line of cases that when it comes to standards of evidence, "proof beyond reasonable doubt is at the highest level, followed by clear and convincing evidence, then by preponderance of evidence, and lastly by substantial evidence, in that order." Which standard of evidence applies depends on the nature of the case. So, the impeachment case against Corona -- are the proceedings criminal, civil or administrative? 'Akin to criminal proceedings' On the first day of trial last week, the Presiding Officer of the Senate sitting as the Impeachment Court, Senate President Juan Ponce Enrile, expressed the opinion that impeachment was "akin to criminal proceedings" and that statement alarmed the House prosecution panel and appeased Corona's defense team. On Tuesday, lead defense counsel Serafin Cuevas, a former SC associate justice, said that since Corona faces the accessory penalty of perpetual ... |
