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Saturday, August 01, 2026
Charity Unto Death
When senator-judges become defense counsels
By Antonio Contreras
On the Contrary
The Manila Times
August 1, 2026
IN my view, the prosecution and defense panels are doing their assigned jobs. The prosecution is presenting a case for conviction. The defense is challenging that case and protecting the respondent. We may criticize their strategies, but advocacy is their function. The deeper problem lies elsewhere: in a Senate impeachment court where some senator-judges behave not as neutral adjudicators but as additional counsel, usually for the defense.
A basic distinction should govern the proceedings. Counsel may examine and cross-examine witnesses, challenge credibility, develop a theory of the case and draw conclusions from the evidence. Senator-judges may ask genuine clarificatory questions and make proper procedural interjections.
Their task is to understand, regulate and decide. Once their questions become leading, argumentative or designed to rescue one side from damaging testimony, they cease clarifying and begin advocating.
Sen. Robinhood Padilla illustrated this confusion when he admonished the prosecution not to be “one-sided.” A prosecution panel is necessarily one-sided, just as the defense is. Each side presents its strongest lawful case, and truth is tested through the contest between them. The person who must not be one-sided is the senator-judge. Yet Padilla’s intervention effectively adopted a defense complaint and directed it at the very panel whose constitutional task is to prosecute.
Sen. Bong Go crossed a similar boundary when he appeared to explain or justify Vice President Sara Duterte’s assault on a sheriff. The prosecution offered the incident as evidence of an alleged pattern of violent conduct. Go was free eventually to reject that inference when judging the case. But supplying an exculpatory explanation while the evidence was being presented was the work of defense counsel. A judge evaluates an explanation after it is offered; a defense lawyer offers it.
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Senators Alan Peter Cayetano and Pia Cayetano have repeatedly pursued lines of questioning that resemble cross-examination. Their interventions have tested witnesses, challenged the prosecution’s theory and supplied propositions favorable to the defense. The problem is not that senator-judges ask questions. It is that questions cease to be clarificatory when they are structured to impeach a witness, elicit concessions for one party or argue with an answer. Cross-examination belongs to counsel, not to judges wearing a second, invisible defense hat.
Sen. Raffy Tulfo provided another example in his questioning of a bank manager. Instead of clarifying banking procedures or the witness’ testimony, he passed judgment on the witness’ managerial competence. That was no longer a neutral effort to understand the evidence. It was an argumentative conclusion about the witness, delivered before the court had completed hearing the case. If parties are forbidden from making premature factual or legal conclusions, senator-judges should not be allowed to make them from the bench.
This exposes a glaring double standard. Party-list representative Leila de Lima was stopped while introducing the prosecution’s presentation because she was supposedly already making conclusions of law and fact. Senate presiding officer Francis Escudero enforced a narrow, legalistic limit on how the prosecution could frame its case. Yet the same court has tolerated senator-judges making conclusions, disputing witnesses and advancing defense-friendly interpretations during questioning. Rules cannot be strict restraints on the parties but elastic privileges for the judges.
Pia Cayetano presents an additional contradiction. She rose to remind everyone, including her colleagues, about proper conduct and decorum. But she later shared a spliced video that reinforced a narrative favorable to the defense. A senator-judge who publicly circulates selective material bearing on a pending case is not merely commenting on procedure. She is entering the adversarial contest. One cannot credibly police judicial restraint inside the chamber while practicing partisan advocacy outside it.
The conduct can be plainly enumerated: Padilla faulted the prosecution for performing its adversarial role; Go supplied a defense-oriented justification for contested conduct; Alan Peter and Pia Cayetano used questions resembling cross-examination; Tulfo pronounced judgment on a witness’ competence; Pia Cayetano amplified selectively edited material; and Escudero imposed legalistic restraints on the prosecution while permitting senator-judges wider latitude to argue and conclude. These are not isolated slips. Together, they reveal a failure of role discipline.
Impeachment is not an ordinary criminal trial. Its ultimate question is not simply whether criminal guilt has been proven under the standards of a trial court. It is whether a high official has committed an impeachable offense and remains fit to retain the public trust. Due process remains indispensable, but legal formalism must not be selectively used to weaken one side while senator-judges themselves engage in conduct that would be improper for neutral adjudicators.
This is why the overjudicialization of impeachment is dangerous. The Senate borrows courtroom rules, then applies them asymmetrically. It restrains advocates for being argumentative while allowing judges to argue. It warns parties against conclusions while permitting judges to announce their own. It insists on decorum while some senator-judges campaign for a preferred interpretation. Procedure becomes not a safeguard of fairness but a convenient instrument for controlling one side and assisting the other.
Neutrality does not require silence. Senator-judges may clarify ambiguities, resolve procedural questions and test whether they have correctly understood the record. But they must not rehabilitate witnesses, construct defenses, attack prosecution witnesses or publicly promote one party’s narrative. The relevant test is not whether a question ends with a question mark. It is whether its purpose is comprehension or advocacy.
The prosecution and defense should be allowed to do their jobs. The Senate impeachment court must do its own. Its members are not there to rescue either panel, much less to become an auxiliary defense team. They are there to hear the full case, maintain fair rules and judge without appearing to have chosen a side in advance.
When senator-judges become counsels, the principal casualty is the credibility of the court. Any verdict, whether conviction or acquittal, will command respect only if the process is evenhanded. The Constitution entrusted the Senate with the grave power to try impeachments. That trust requires more than legal knowledge. It requires restraint, consistency and the discipline to remain judges even when partisan instincts tempt them to become lawyers.
The author is a professor at the University of the Philippines Los BaƱos and vice chairman of the Board of PTV Network Inc. (PTVNI).
Friday, July 31, 2026
Sissy Spacek
When Sissy Spacek first arrived in New York in 1972, few people believed she had what it took to become a movie star.
Casting directors told the 22-year-old from Quitman, Texas that she was too unusual looking for Hollywood. She was too quirky, too angular, and too different from the glamorous leading ladies audiences were used to seeing.
Instead of changing herself, she stayed true to who she was.
Her real name was Mary Elizabeth Spacek, but everyone called her Sissy. She had moved to New York hoping to build a career as a folk singer, but that dream never took off.
Just as she was considering giving up, two people encouraged her to try something different. Her cousin, actor Rip Torn, and acclaimed actress Geraldine Page believed she had the talent to succeed as an actress.
She listened.
Spacek began with small roles and worked as an extra while studying at the Lee Strasberg Theatre Institute. She immersed herself in method acting, determined to create honest, believable characters rather than chase fame or glamour.
Her breakthrough came in 1973 when director Terrence Malick cast her opposite Martin Sheen in Badlands. Critics praised her natural performance, and Hollywood began to take notice.
But it was her next major role that changed everything.
In 1976, she was cast as the shy, isolated teenager in Carrie, based on Stephen King's first published novel.
For the audition, Spacek made an unforgettable choice. She wore her mother's old clothes, skipped makeup, and deliberately left her hair unwashed. She wanted to look exactly like a lonely girl who had spent her life being overlooked.
The approach worked.
She won the role.
Then came one of the most iconic scenes in horror film history.
For three days, more than 40 gallons of pig's blood were poured over her while filming the unforgettable prom sequence. The thick mixture was cold, sticky, and unpleasant, but Spacek remained covered in it between takes to maintain continuity and stay connected to the emotional intensity of the scene.
Her commitment paid off.
The performance earned her first Academy Award nomination and established her as one of Hollywood's most gifted young actresses.
Rather than repeat the same type of role, Spacek deliberately sought characters that challenged her.
That decision led to Coal Miner's Daughter, where she portrayed country music legend Loretta Lynn.
To prepare, she spent months studying Lynn's life, voice, mannerisms, and stage presence. She even performed all of the songs herself instead of relying on dubbed vocals.
Her portrayal was so convincing that Loretta Lynn famously said it felt like she was watching herself on screen.
In 1981, Sissy Spacek won the Academy Award for Best Actress, confirming her place among the finest performers of her generation.
At the height of her success, however, she made a choice that surprised many people.
Instead of chasing bigger paychecks and constant publicity, she stepped away from Hollywood's fast paced lifestyle.
Together with her husband, production designer and director Jack Fisk, she settled on a farm in rural Virginia. There, they raised horses, grew vegetables, raised their two daughters, and built a quiet life far removed from the entertainment industry.
Spacek never completely left acting, but she became highly selective about the roles she accepted. She returned only for projects that truly inspired her.
That approach led to acclaimed performances in films such as In the Bedroom and The Help, earning her additional Academy Award nominations and introducing her work to a new generation of audiences.
Today, after decades of marriage and one of Hollywood's most respected careers, Sissy Spacek still calls that Virginia farm home.
She never measured success by fame or celebrity.
She measured it by living a life that reflected her values, choosing meaningful work over constant attention, and remaining true to herself from the very beginning.
In an industry that once told her she was too different to succeed, Sissy Spacek proved that authenticity can become a person's greatest strength.
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James Garner
At just 14 years old, James Garner reached his breaking point.
For years, he had endured physical abuse and humiliation from his stepmother. One day, he finally fought back. He pinned her to the floor and made it clear that he would never allow her to hurt him again.
Soon afterward, she left the family.
That moment became a turning point in Garner's life and shaped the man he would become.
Born James Scott Bumgarner on April 7, 1928, in Norman, Oklahoma, Garner's childhood was marked by loss and hardship. His mother died when he was only five years old, leaving him and his brothers separated among relatives for a time. When their father eventually brought the family back together, they were placed under the care of a stepmother whose discipline often crossed the line into cruelty.
Garner later spoke openly about the abuse he suffered. He recalled frequent beatings and one particularly painful incident when she forced him to wear a dress in public to humiliate him.
Those painful experiences left a lasting impression. They gave him a deep dislike of bullies and a lifelong determination to stand up for people who could not defend themselves.
He left school before graduating and took on a variety of jobs to make a living. He worked in grocery stores, oil fields, truck driving, and chicken hatcheries before joining the Merchant Marine at 16. Later, he served as an Army rifleman during the Korean War.
The war left its mark on him.
He was wounded twice. The first time came from enemy mortar fire. The second happened when friendly fire struck as he dived into a foxhole. For his bravery and sacrifice, Garner received two Purple Hearts.
After returning home, acting entered his life almost by chance. In 1954, he landed a silent role in the Broadway production of The Caine Mutiny Court-Martial. Although he had no dialogue, he watched experienced actors like Henry Fonda perform night after night, learning that subtlety and honesty could be more powerful than dramatic gestures.
His big break came in 1957 when he starred as Bret Maverick in the television series Maverick.
Unlike the typical television cowboy, Bret Maverick relied on intelligence, humor, and quick thinking instead of violence. He knew that avoiding a fight often took more courage than starting one, and audiences loved the fresh approach.
Even after becoming a star, Garner refused to let powerful people take advantage of him.
During a writers' strike, Warner Bros. stopped paying him while preventing him from accepting other work. Rather than stay silent, Garner sued the studio for breach of contract.
He won.
Instead of returning to one of television's biggest hits under unfair conditions, he chose to walk away.
His film career continued to grow with standout performances in The Great Escape, The Americanization of Emily, and Grand Prix. While preparing for Grand Prix, Garner trained extensively as a race car driver. His dedication earned the respect of professional racers, who quickly realized he had genuine talent behind the wheel.
Despite his success, family remained the center of his life.
In 1956, he married Lois Clarke after knowing her for only two weeks. Many believed the marriage would never last, but they proved everyone wrong. Garner adopted Lois's daughter, Kimberly, and together they welcomed their daughter, Gigi. Their marriage lasted nearly 58 years until his death.
In 1974, Garner returned to television as private investigator Jim Rockford in The Rockford Files.
Like Bret Maverick, Rockford was not fearless. He simply refused to let bullies have the final word. The role earned Garner an Emmy Award in 1977 and became one of the defining performances of his career.
The series also demanded a great deal physically. Garner performed many of his own stunts, worsening old injuries and causing long-term damage to his back. Even while dealing with health problems, he continued to stand up for what he believed was right. He later challenged another major studio over unpaid profits and eventually reached a successful settlement after a lengthy legal battle.
At 57, Garner earned his only Academy Award nomination for Murphy's Romance. Years later, he touched a whole new generation of moviegoers with his heartfelt performance as the elderly Noah in The Notebook, bringing warmth, dignity, and quiet emotion to the role.
A stroke in 2008 slowed him down, but it never changed his devotion to his family. He remained by Lois's side until his passing on July 19, 2014, at the age of 86.
Throughout his career, James Garner often portrayed men who stood up to bullies and defended the underdog.
Perhaps those performances felt so genuine because he had lived that story himself.
As a frightened 14-year-old boy, he found the courage to stand up to the person who had terrorized him for years. That act of courage became the foundation of the strength, compassion, and quiet integrity that defined both his life and his remarkable career.
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