Demystifying the jargon

THE FIRST DAYS of Chief Justice Renato C. Corona’s impeachment trial showcased a number of Latin words common to legal practitioners but are unfamiliar to the ordinary Filipino. Before more of these courtroom tongue twisters pile up, here is a review of the past week in legalese.

Subpoena ad testificandum and subpoena duces tecum

Last Tuesday, 14 senators voted to sustain Senate President Juan Ponce-Enrile’s ruling to deny the House prosecution lawyers’ request for the issuance of a subpoena ad testificandum and subpoena duces tecum to Corona and his wife and children. Only six voted in favor of Senate Minority Leader Alan Peter Cayetano’s appeal to reconsider the presiding officer’s ruling.

Subpoena or subpoena ad testificandum in full is a writ ordering a person to attend a court hearing. The word comes from the Latin sub poena, which means “under penalty.”

According to the Philippine Rules of Court, a subpoena is a process that requires a person to attend and to testify at a hearing or trial or at any investigation conducted by an authority. It may also require the person to bring any book, document, or other things under his control, in which case it is called a subpoena duces tecum.

Last week, Enriqueta Esguerra-Vidal, Clerk of Court of the Supreme Court, and Marianito Dimaandal, head of the Malacanang Records Office along with registrars of deeds each took the witness stand and submitted documents to the impeachment court upon the issuance of subpoenas.

Sui generis

Sui generis means unique or “of its own kind” in Latin.

On Enrile’s ruling to deny the issuance of subpoenas to Corona and family, Senator-Judge Cayetano and lead prosecutor Rep. Niel Tupas Jr. both argued that the impeachment case is sui generis and is not like a criminal case.

At the trial, Enrile said that the impeachment trial is “akin to a criminal case.” But in a later interview with ANC, he said that what is required to prove the innocence or guilt of Corona is “clear and convincing evidence” and not “proof beyond reasonable doubt.”

There are three main types of cases under the Rules of Court: criminal, civil, and special proceedings.

A civil action involves a party who sues another for the enforcement or protection of a right, or the prevention or redress of a wrong. A criminal action, meanwhile, is a case by which the State prosecutes a person for an act or omission punishable by law. Lastly, a special proceeding is a remedy that a party seeks to establish a status, a right, or a particular fact.

Murder, theft, and robbery are some examples of crime. Civil cases, on the other hand, involve non-payment of debt or rendering defective services. Rules of special proceedings, meanwhile, are provided for the settlement of the estate of deceased persons, guardianship and custody of children, adoption, and cancellation or correction of entries in the civil registry, among others.

Moreover, the Rules of Court states that the accused in a criminal case is entitled to an acquittal, unless his guilt is shown beyond reasonable doubt. In civil cases, the party having the burden of proof must establish his case by a preponderance of evidence.

As for impeachment, Section 2, Article XI of the 1987 Constitution provides that “the President, the Vice-President, the Members of the Supreme Court, the Members of the Constitutional Commissions, and the Ombudsman may be removed from office on impeachment for, and conviction of, culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of public trust.”

The 1987 Constitution also provides that the House of Representatives shall have the exclusive power to initiate all cases of impeachment. Judgment in cases of impeachment shall not extend further than removal from office and disqualification to hold any office in the country, but the party convicted shall be liable and subject to prosecution, trial, and punishment, according to law.

Motu proprio

“In view of the circumstance we’re in and in view of the perception of the presiding officer that the prosecution is not prepared to present evidence today, the court motu proprio postpones the trial until Wednesday (January 18) afternoon, at 2 o’clock,” Enrile said last Tuesday.

Motu proprio is “of one’s own volition” in Latin. According to the Encyclopedia Britannica, motu proprio refers to a papal document personally signed by the pope to signify his special interest in a subject. Its content may be instructional (e.g., on the use of plainchant), administrative (e.g., concerning a church law or the establishment of a commission), or merely to confer a special favor.

Pari passu

While discussing the order of presentation of the articles of impeachment, Senate President Enrile used the word pari passu to describe the prosecution panel’s claim that the each article is of equal importance.

Pari passu means “side by side” or “at the same rate” or “on an equal footing.” It is Latin for  “with equal step.”