Those who had sparred with Noel Archival in court will agree that he was one of the most colorful figures in the legal circuit in Cebu in his time. Even when he was most infuriating, Noel could still elicit suppressed laughter from among his peers, and in one hearing that I witnessed, bring a grudging smile to his opponent’s face.
I had the pleasure of witnessing one of those moments.
They were trying a homicide case before a Regional Trial Court judge, who was known to be very strict in enforcing court decorum. Mayor Nestor’s brother represented the accused.
Just before the hearing was adjourned, Noel stood up and asked the judge if he could make a manifestation. The judge granted his request.
What followed was one of the most unforgettable scenes I’ve seen in court. For between 10 to 15 minutes, Noel spoke incessantly and passionately, fiercely attacking the prosecution’s (weak, he said) case. He pointed out what he called were loopholes in the evidence, keeping the fiscal (now prosecutor) busy taking down notes.
Noel had barely finished (he hadn’t taken his seat yet) when the fiscal (he was not from Cebu and was partial to white pants) rose and asked permission to comment. Before the judge could issue an order, Noel interjected, “Your Honor, I am withdrawing my manifestation.” I almost fell of my seat.
“But Your Honor,” the fiscal protested, “in the interest of justice, the prosecution should be allowed to comment.”
“What is there to comment on?”, Noel replied. “The manifestation has already been withdrawn.” The judge ruled in agreement with Noel and the prosecutor sat down, a wry smile breaking on his lips. He knew he had been outsmarted.
I remembered that courtroom scene more than 20 years ago because of the recent decision of the prosecution to withdraw all but one of the four articles of impeachment against Vice President Sara Duterte.
Note that the withdrawal came after the prosecution had presented their case. The people heard their version of the supposed misuse of confidential funds by the VP, her bribery and grave threats. They will no longer be able to hear her own version.
It looks like her camp has been outmaneuvered.