Tuesday, January 24, 2012

‘Article 2’ row stalls Corona impeach trial


A “vaguely” written and formulated accusation that Chief Justice Renato Corona had amassed ill-gotten wealth put the Senate impeachment court in a “quandary” Tuesday on whether to admit the prosecution evidence.
Senate President Juan Ponce Enrile, the presiding officer, noted that Article 2 of the impeachment complaint had been  “expanded” by the prosecution from its original allegation that Corona committed culpable violation of the Constitution and betrayed the public trust by supposedly failing to disclose his statements of assets, liabilities and net worth (SALNs).
“We are at a quandary as to how to treat this article,” Enrile told Representative Niel Tupas Jr., the lead prosecutor.
The unresolved objection of the defense against evidence on alleged ill-gotten wealth embodied in Article 2 set off yet another exchange with the prosecution on the fifth day of the impeachment trial.
Defense counsels on Tuesday filed a motion seeking to prevent Internal Revenue Commissioner Kim Jacinto-Henares from testifying in the impeachment court and producing the income tax returns (ITRs) of Corona and his family.
“The presentation of the ITRs and tax certificates of the Corona children should not be allowed for being without basis, irrelevant, and immaterial to these proceedings,” Corona’s lawyers said in a six-page motion.
“The testimony of Commissioner Henares on the ITRs and tax certificates of the Corona children, as well as the presentation thereof, are therefore irrelevant and immaterial to the issue of whether or not CJ Corona failed to disclose his SALN to the public,” they stressed.

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‘Bored’ Santiago ‘ready to rumble’ at Corona impeach trial


This was how Senator Miriam Defensor-Santiago described her return to the Senate from a weeklong absence due to hypertension and declared in her Twitter account that she was “ready to rumble”.
“Thanks to all of you who sent me well-wishes and prayed for my health. I’m ready to rumble,” she said.
“I’m suffering from terminal boredom…” said Santiago of the ongoing impeachment trial of Chief Justice Renato Corona, much of which last week was spent marking exhibits to be presented as evidence against Corona.
Santiago, who would later on leave the Senate to serve as a judge on the International Criminal Court, made it clear early on that she would be a passive observer during the proceedings, which she described as “pretty unstructured” thus far.
Citing the idea that “the presence of the observer changes the observed,” she said the complexion of the proceedings was affected by live television coverage.
“You know, if you shut down all the TV cameras, the proceedings will be finished in one week,” she said at a press conference before the trial. “But people want more than 15 (minutes) of fame.”
Santiago missed the first week of the trial because of hypertension. But she said she followed the proceedings on TV, and pointed out that “the public is not thrilled to watch the marking of evidence.”
“It will really raise my blood pressure, but in any event, I have to come because this is my duty as a senator and I have no choice,” she said. “Believe me, I would really rather go scuba diving in the Bermuda Triangle and possibly get lost there.”
Seriously though, the senator said, she would work to expedite the proceedings, noting that “the longer [the trial] takes, the more prejudice it works for the defendant.” To achieve this, she said technicalities should be minimized and the prosecution should improve the flow of its presentation.
Santiago threw her support behind calls to conduct the trial in Filipino. She suggested that the presiding officer conduct a weekly briefing explaining to the public, in simple and understandable terms, developments in the proceedings.
“The exchanges should be in Tagalog that would be understood, not only by the witness – normally these are very highly educated and well-versed in English – but by those that watch television,” she said.
Santiago has a theory on why the Corona trial has not been as gripping as that of former President Joseph Estrada 11 years ago.
“There is no immediate intimacy with the chief justice because we never elected him unlike a president,” she said. “In the Estrada impeachment trial, there was much interest because people had voted him into office.”
Santiago also minced no words when she fired at people, whom she described as “epal” [thick face].”
These “epal,” she said, were now visible during the Corona trial.

Thursday, January 19, 2012

Corona lied in his SALN, says prosecution


MANILA, Philippines—Supreme Court Chief Justice Renato Corona has allegedly lied in his sworn statement of assets, liabilities and net worth (SALN) when he did not fully declare his properties, including a P14.5 million condominium unit, which he recently acquired, a spokesman of the prosecution said on Thursday.
During Thursday’s trial in the Senate, Randy Rutaquio, the register of deeds of Taguig, submitted a deed of absolute sale pertaining to a 303.5-square-meter condominium unit in Taguig City in the names of Corona and wife, Cristina.
“The deed of absolute sale pertains to the so called Bellagio…residences with Megaworld Corp. appearing as seller and with the espouses Cristina Corona and Renato Corona being the buyers,” said Cavite Representative Elpidio Barzaga, who conducted the direct examination of Rutaquio.
Barzaga said the deed of sale covered the condominium unit and three parking slots with an area of 12.50 square meters each listed in separate condominium certificate of titles.
“For the record also, I would like to manifest that the selling price as indicated in this deed of absolute sale is P14,510,225,” said Barzaga.
“And further, I’d like to manifest that, in the SALN  which was presented and identified, these Taguig properties were declared for the first time in the SALN of the respondent, Chief Justice Renato Corona, for the year 2010,” Barzaga added.
Corona’s lead counsel, former Supreme Court Associate Justice Serafin Cuevas, immediately moved to strike out Barzaga’s manifestations.
Senate President Juan Ponce-Enrile, who was presiding over the trial, ruled in favor of Cuevas.
But in a statement after the trial, prosecution spokesman Miro Quimbo noted that
none of the two condo units that Corona had declared in his 2010 SALN was valued at P14.5 million.
In his 2010 SALN, Corona listed a condominium unit which he acquired in 2004 at P2.3 million and another unit he bought in 2010 valued at P6.8 million.
“These are very damning evidence insofar as the degree of honesty and integrity of the Chief Justice is concerned,” Quimbo said.
“SALN is a matter that is placed under oath and we will show later as far as these properties are concerned…Makikita natin ‘yung talagang mabibigat na ebidensya laban kay (We’ll see in the stronger evidence against) Chief Justice Corona,” he added.
Aside from Rutaquio, two other witnesses — Carlo Alcantara and Sedfrey Garcia, registers of deeds of Quezon City and Marikina City, respectively — appeared before the Senate to testify on other properties in the name of Corona and relatives.
Quimbo said the prosecution would present more witnesses in the coming days to testify on the alleged properties that Corona allegedly failed to declare in his SALN.
The total value of these properties, Quimbo said, was grossly disproportionate to Corona’s income since he joined government in 1992.
“Based on his SALNs from 1992 to 2002 as presented by our witness from the Office of the President, his overall assets from 1992 to 2002 hardly moved. But when he joined the Supreme Court, his assets of P7.5 million in 2003 practically tripled to P22 million after nine years,” Quimbo added.

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Impeach court starts retracing Corona’s ascent to Supreme Court


With the turnover of Chief Justice Renato Corona’s statements of assets, liabilities and net worth (SALNs), the impeachment court has begun to retrace the steps he took before he assumed the top post of the Supreme Court in 2010.
Although tedious, the process allows the nation to see how this jurist—who has described himself as being of a family “of no ordinary means”—walked the corridors of power under two administrations in a political and legal career spanning two decades.
After two days of delay, the presentation of evidence and witnesses on Article 2 of the impeachment complaint, which began on Wednesday and continued yesterday, has enlivened the heretofore insipid proceedings. It also set into motion the prosecution’s strategy to lay the basis for Corona’s conviction of betrayal of public trust, culpable violation of the Constitution, and graft and corruption.
Article 2 alleges that Corona violated the Constitution and betrayed public trust “when he failed to disclose to the public” his SALNs.
On Wednesday, the impeachment court compelled Supreme Court Clerk of Court Enriqueta Esguerra-Vidal to turn over an envelope containing Corona’s SALNs covering the period 2002-2010 (first as associate justice and later Chief Justice of the high court).
This allowed the prosecution to obtain what could turn out to be the smoking gun necessary to prove its claim that Corona had amassed assets beyond his means.
The Chief Justice has admitted ownership of only five of the 45 properties linked by the prosecution to him and his family as alleged proof of his “ill-gotten wealth.”
A cursory reading of the SALNs will yield the impression that Corona’s rise to power was, to a great extent, intertwined with the political career of his appointing authority, then outgoing President Gloria Macapagal-Arroyo.

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Corona SALNs undervalued


House prosecutors accusing Chief Justice Renato Corona of amassing ill-gotten wealth on Thursday showed evidence that he had undervalued his properties in his officially declared assets.
Based on his statement of assets, liabilities and net worth (SALN) submitted to the Senate on Wednesday, Corona’s net worth was P14 million in 2002, jumping to P22 million in 2010 when he became chief magistrate.
The documents introduced Thursday showed that Corona declared a property at the swank La Vista in Quezon City at P3 million when it was bought for P16 million; the Bellagio penthouse in Taguig at P6.8 million acquired for P14.5 million; a unit in the Ridge, also in Taguig,  at P2.3 million bought for P9 million; the Burgundy condo in Quezon city at P921,000 taken at P2.5 million; and the Columns condominium in Makati P1.2 million that was purchased for P3.5 million.
But the prosecution was also put on the spot over  questions on whether the properties shown in the documents carried to the court by officials of the Register of Deeds in Taguig City and Quezon City were related to any of the eight articles of impeachment against Corona.
Senator Francis Escudero told prosecutors from the House of Representatives that Article 2 of the verified complaint was taking Corona to task only for his alleged failure to disclose to the public his SALN.
“As a judge, I am at a loss on Article 2, to be honest,” he manifested in Filipino on the fourth day of the impeachment trial.
Escudero said the second article of impeachment accused Corona of “three separate acts” when each article in the complaint “must accuse the respondent of a singular, separate act.”
Besides the alleged nondisclosure of SALNs, the verified complaint said: “It is reported that some of the properties of respondent are not included in his declaration of his assets, liabilities and net worth, in violation of the Antigraft and Corrupt Practices Act.”

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Wednesday, January 18, 2012

World Bank seeks refund of $199,900 from Supreme Court


The World Bank says it wants a refund by the end of this month of a portion of its $21.9-million (P953.3 million) loan to the Supreme Court, after a review uncovered the misuse of funds meant to support judicial reforms.
A bank memorandum submitted to Philippine officials last month said its review late last year found that the checks and balance mechanisms under the Judicial Reform Support Project (JRSP) had been diminished since mid-2010.
A copy of the bank’s report, released on Wednesday by the Department of Finance (DOF), showed that it sought a refund of $199,900 in “ineligible expenditures” to the Washington-based lender by Jan. 31, 2012.
The bank described the JRSP as a “high risk” project and said its financial statements “can no longer be relied upon.”
Demanding that heads should roll for the “scandalous” and “shocking” World Bank findings, MalacaƱang on Wednesday called on the Office of the Ombudsman to wade in and see if the report could be the basis of a graft complaint against concerned officials of the Supreme Court.
Presidential spokesperson Edwin Lacierda also seized the occasion to unleash another tirade against embattled Chief Justice Renato Corona in connection with the JRSP.

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Round 3 of Corona trial to prosecution


The impeachment trial of Chief Justice Renato Corona finally moved forward Wednesday after senators badgered the Supreme Court’s clerk of court into producing his statements of assets, liabilities and net worth (SALNs) covering 2002 to 2010 first as associate justice of the Supreme Court and later head magistrate.
Called in as the first witness for the prosecution, Enriqueta Esguerra-Vidal reluctantly turned over to the impeachment court a brown envelope containing the documents, which Corona’s accusers hoped would prove his alleged ill-gotten wealth.
But former Associate Justice Serafin Cuevas, chief defense counsel, sought to quash the second article of impeachment against Corona with the prosecution’s presentation of his SALNs.
Cuevas noted that Article 2 of the impeachment complaint  alleged that the Chief Justice committed culpable violation of the Constitution and betrayed public trust “when he failed to disclose to the public” his SALNs.
“The fact alone that there is SALN is proof enough that he has filed and complied with the rules and regulation on the matter,” Cuevas told the court. “That resolves the problem.”
But Senate President Juan Ponce Enrile, presiding officer of the court, said that the submission of Corona’s SALNs was merely in compliance with a subpoena issued to Vidal last Tuesday.
“With respect to the conclusions that will arise from this, that will come later,” Enrile told the defense.
Much of the third day of the trial was spent by a number of senator-judges alternately pressuring and convincing Vidal to produce Corona’s SALNs, which, along with those of other court justices, were under her custody.
Vidal, who assumed her post in September 2010, repeatedly begged off, citing a 1989 rule that seeks to protect members of the judiciary from “deceptive requests for information.”
She told senator-judges that she had relayed the subpoena to the Supreme Court en banc for its “information and authorization.”

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