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corona impeachment

GUILTY: When the defense acted as prosecutors

The rule is that the prosecution must prove the strength of its case. It cannot rely on the weakness of the defense. But in the historic conviction of Renato C. Corona, it was strangely the defense that ensured that   Corona would be the first officer in Philippines history to be removed from office through impeachment.

The prosecution rested its case solely on Article 2 of the Articles of Impeachment, to wit: that he failed to disclose to the public his statement of Statement of Assets, Liability and Net Worth as required under the Constitution. This could have meant either of two things: one, he did not disclose his SALN as required by law; or two, he was not truthful in his declarations thereat.

At the onset of the trial, the prosecution immediately subpoenaed the former CJ’s SALN that it had alleged, and rightfully at that, should have been made public. This means that the prosecution could not have meant to prove that his declarations in the SALN were untruthful precisely because they had not seen them. This was why they wanted Marites Vitug and Harvey Keh to take the witness stand:  to state that they were denied access to these SALNs.

I reckoned that the Congressmen must have thought that the former CJ would go the way of former Ombudsman Merceditas Gutierres. That is, that he would resign as soon as the articles are filed. But the former CJ did not resign. Confident, perhaps, that the prosecution did not have the goods on him, he opted to wage battle with the prosecutors and Malacañang.

The CJ was right. The prosecution did not have the goods on him. It appears that the prosecution only commenced with its case build-up after the transmittal of the impeachment articles to the Senate.  In fact, they were so excited when the Land Registration Authority provided them with a computer printout of 45 properties allegedly belonging to the former CJ that they run to town with it even before they had the chance to verify the veracity and accuracy of the list.

And for it, they got tremendous flack. While they managed to prove the existence of 11 properties, the damaged has been done. Senators would take turns lambasting them for vilifying the name of the former CJ by revealing raw information to the public rather than to the impeachment court.

After which the prosecution had very little. There was BIR Commissioner Kim Henares who testified that the ex-CJ could not have lawfully acquired his declared property with his declared lawful income alone. But this was declared immaterial because the articles of impeachment did not allege that the ex- CJ amassed ill-gotten wealth.

Then there was the flip-flop in the PAL attendant’s case under Article three. But even if the flip-flop did happen, the Senate was not impressed since this could not be attributable to the CJ alone, the SC being a collegial body. The prosecution then sought to prove that Corona received lots of free trips from PAL through the so-called platinum card. But this too was not allowed. Finally, the prosecution presented Justice Secretary Leila De Lima who unfortunately, did not have personal knowledge on how the former CJ allegedly altered records of court proceedings to make it appear that the majority of the court had already enjoined her from preventing former President GMA from leaving the country. Justice Serreno, in her dissent, claims that this was subject to certain conditions- which had not yet been complied with.

By the time the prosecution had rested, the betting was that the former CJ would be acquitted. But the strangest thing happened: the defense actually picked up the cudgels for the prosecution. First, they summoned Ombudsman Conchita Carpio-Morales and enabled her to present to the impeachment court the AMLAC report detailing that the ex-CJ had US$10-12million in bank deposits. Then the defense flip-flopped and contrary to its initial refusal, allowed the CJ to take the stand. In his opus, the ex-CJ proved what the prosecution could not: that he had US$2.4 Million and about 80 Million pesos in deposits, sums which he did not declare in his SALN. The climax was when the former CJ walked-out of the proceedings after his 3 hour monologue. That was the turning point. Even those who were unsure of the CJ’s guilt could not absolve him lest they themselves earn the public ire.

The rest is history. On the basis of both the testimony of the Ombudsman and the former CJ, and courtesy of the latter’s walkout, the  Senate found Corona guilty. Thank goodness for the defense. It did a splendid job for the prosecution!

Corona’s contemptible performance

Like millions of others, I was glued to the television the other day watching Chief Justice Renato Corona testify in his own impeachment trial.

Everything about last Tuesday was dramatic. First, there was his refusal to take the stand. He then relented and agreed to testify after the Ombudsman had detailed Anti-Money Laundering Council documents indicating that the chief justice had at least $12 million in various accounts. Prior to last Tuesday, his counsels and talking heads assured the public that Corona would “tell all” and would expose the malice of the individuals who falsely testified against him.

On the day itself, there was a meticulous script acted out by “B” actors, who now deserve acting awards. There was the traditional mass officiated by religious leaders closely identified with former President Gloria Arroyo, the usual illegal mass action by court officials and employees, and even a hero’s send-off for the embattled Corona.

At the Senate itself, the script was literally visible: a couple of pages of a monologue read out by Corona himself, a major deviation from ordinary court proceedings where witnesses are never allowed to deliver opening statements. This was a very carefully written script. Its writers knew that the opus would be allowed by a court that has repeatedly declared that it would respect the magistrate if and when he takes the stand. More importantly, its writers knew that the people would be watching.

And boy, what a show it turned out to be!

The scripted monologue itself was pathetic. Not only was it very poorly written, it was also bereft of the truth that Corona promised the nation. Half of it was mud thrown at the President, Ronald Llamas, and even Franklin Drilon. The other half was about the dirty laundry of the Basas.  Was Corona unmindful that his own children and wife were members of the same clan? The Senate President repeatedly asked him if he was finished, but he went on with his litany on matters, which were irrelevant and immaterial. And when he finally addressed the issue leveled against him by the Ombudsman, he resorted to a negative pregnant: the Ombudsman was lying but he admits having dollar deposits which according to him, are absolutely confidential and need not be declared in his SALN.

Prior to his appearance, a little known employee of the BIR, of all agencies, which the chief justice himself quoted in his monologue, opined that dollar deposits do not have to be disclosed in the SALN.

After which, he resorted to a conditional waiver of the secrecy of his dollar and pesos deposits, which takes effect only if and when the 188 congressmen who voted to impeach him and Franklin Drilon sign similar waivers. Talk of a cheap trick!

And after an excruciating two hours of vilification and self-pontification, he states that he is the chief justice of the Republic and leaves the stand.

I still can’t decide which was more offensive: his litany of mud or his walkout. I ask this because he is not just a very high official sought to be removed from his office. He is the chief justice if the land and as such, should personify the prestige and dignity of the legal profession. By resorting to mudslinging at the stand, Corona broke all rules of evidence that were developed over time to ascertain precisely the truth of controverted matters. And by walking out, he has shown contempt not only for the Senate sitting as an impeachment court, but to the rule of law itself, which as chief justice, he should be the first to uphold. If his departure were really for medical reasons, why did he not ask for leave of court? That would have been easy and would certainly have been granted on humanitarian grounds. It does not help that he was captured on camera clearly intent on leaving the Senate on cue. Clearly, what he and his advisers did not anticipate was that the Senate President would order the lock-out of the Senate to prevent him from leaving.

As I write this, it has become apparent that the chief justice will not return to the Senate as he is reportedly in the intensive care unit. I do not question his state of health as that is now between him and his creator. What I condemn is his performance that degraded the legal profession and eroded the people’s trust in the rule of law.

At the very least, Corona has proven to all that he does not deserve to remain as chief justice!

Corona’s (not so) secret account


The crown's dollars


I expected Annabelle Tiongson, manager of the Katipunan Branch of PSBank, to do as she did. Why shouldn’t she? As Niñez Cacho-Olivarez reported, the bank document that formed the basis for the prosecutors to subpoena Chief Justice Renato Corona’s dollar account at PS Bank came from Tiongson herself. Had the Senate ignored the court ruling enjoining the opening of this dollar account, Tiongson would have been the Clarissa Ocampo of this impeachment trial. But because the Senate honored the Court ruling, the best course of action for her was to deny its authenticity.But should the nation believe her hook, line and sinker?

Of course not. To begin with, no less than Corona, by seeking an order from his colleagues at the Supreme Court to restrain the opening of his dollar account, has himself admitted that the said exists. If it is but a figment of the prosecution’s imagination, as the defense would want us to believe, what is there to be restrained by the Court? Any which way, the mysterious dollar deposit works in favor of the prosecution, and courtesy of the CJ’s actuations at that.

There is  a presumption in our rules of evidence that he who suppresses the presentation of evidence does so because it is against him. Here, the chief justice’s insistence on secrecy can only be because the existence of the dollar account will prove anew that he failed to declare his dollar deposit in his SALN.

In any case, the PSBank dollar account is only icing for the prosecution. What is undeniable now is that Corona did not declare a total amount of P31 million cash in his SALN. The defense insists that SALNs are subject to correction. Cuevas should tell that to the court interpreter in a Regional Trial Court in Davao who was fired because he failed to declare in his SALN a market stall. Said the Court “We have repeatedly held that although every office in the government service is a public trust, no position exacts a greater demand for moral righteousness and uprightness from an individual than in the Judiciary x x x Personnel in the Judiciary should conduct themselves in such a manner as to be beyond reproach and suspicion, and free from any appearance of impropriety in their personal behavior, not only in the discharge of their official duties but also in their everyday life. They are strictly mandated to maintain good moral character at all times and to observe irreproachable behavior so as not to outrage public decency.”

I guess Corona believes that the high ethical standards can only be demanded from lowly court employees and not from the Chief Justice himself.  It is obvious that in Corona’s mind, being primus inter pares, or the first amongst equals, is tantamount to a shield of immunity even for criminal acts.

And lest we forget, the undeclared 31 million in cash is over and above the real estate property that he also failed to declare in his SALN. There were at least three pieces of real estate property that he failed to declare: a condominium unit in Spanish Bay Tower, another unit in Makati at the Columns, and a lot in McKinley Hills. There too is the undervaluation of the Bellagio unit by at least 24 million pesos. Altogether, Corona, the Honorable magistrate, did not declare a total of at least P65 million worth of property.

The question is why. Well, the sage and statesman Jovito Salonga, when he wrote the law requiring the filing of truthful SALNs, knew that property which is not proportional to a public official’s salary is presumed ill-gotten under another statute, the unexplained wealth act. Need we say more?

Perhaps Corona should heed the ruling of his own Court. In another ruling ordering the dismissal of a regional revenue officer for failing to disclose two cars in his SALN, the court said: “(T)he SSAL (sworn statement of assets and liabilities) is not a mere scrap of paper. The law requires that the SSAL must be accomplished as truthfully, as detailed and as accurately as possible  x x x  It serves as the basis of the government and the people in monitoring the income and lifestyle of officials and employees in the government.”



Probity and discounts

Sometimes, a fumble can lead to a win. This was what happened two days ago at the Senate in the impeachment hearing of Chief Justice Renato Corona. On Monday, we were enthralled by a declaration that the chief justice was given a whopping 40-percent discount amounting to P10 million by Megaworld. I was then an […] More →

Can the Senate ever be a court?

Some of our senators have to be reminded that while the Constitution refers to the Senate as an “impeachment court” for purposes of impeachment, this does not change the fact that: one, it is still the Senate, one of two houses of the legislative branch of government; and two, its members remain to be members […] More →

Quick answers to Father Bernas

Last Monday, Fr. Joaquin Bernas posited questions for the Senate to answer in connection with the impeachment of Chief Justice Renato Corona. Reading his questions closely, I realized that what he raised were, in reality, grounds why he believes the Senate should dismiss the Articles of Impeachment. It becomes imperative thus, for believers in the […] More →

UP lawyer to SC spokesman: Shut up and ship out

UP Law Professor and human rights lawyer Harry Roque assailed Supreme Court Administration and Spokesman Midas Marquez for acting as the personal spokesman of impeached Chief Justice Renato Corona. “Marquez has no business serving as the personal apologist of the embattled Chief Justice. He should be speaking for the entire Supreme Court, not just Corona, […] More →

The wrong IBP statement

Was both sad and disappointed when the Integrated Bar of the Philippines took the stand that the impeachment against Chief Justice Renato Corona was an affront to the independence on the Judiciary. Sad because I hold the IBP very dearly, having served as its Presidential Assistant for Human Rights for two years during the incumbency […] More →