MEDDLE IN TRIAL, PALACE TOLD
MANILA, JANUARY
21,
2012 (TRIBUNE) By Benjamin B. Pulta, Angie
M. Rosales and Gerry Baldo - With the television network's biased "talking
heads," along with the prosecution panel members as well as critics insinuating
while feasting on the marked Statements of Assets and Liablities, that the
impeached Chief Magistrate Renato Corona's SALns are a violation of the law and
that his properties were reported to be undervalued, Corona yesterday answered
insinuations made by his critics on the source of his real property holdings.
A source close to the Coronas, a lawyer, told the Tribune yesterday that the
inuendoes, reported claims of the Chief Justices' properties having been
undervalued in his SALn were all malicious, pointing out that the reported
undervaluation of his properties was highly "inaccurate," saying that the CJ has
been using the assessors' forms, which are the source documents, as his basis
for reporting the valuation of his assets since the start of his government
service.
"He (CJ) does not use the acquisition value in the contract or the deed of
sale because said values are market prices dictated by the seller and buyer or
as the price agreed upon between themselves," the source said.
The source also stressed that "the value used in the SALn is lower than the
price stated in the contracts to sell or deeds of sale is a very common practice
in law and is used by most public servants."
On claims by his critics and the prosecution of "stolen" or ill-gotten
properties, Corona, who was engaged in private practice as a lawyer from 1975
to 1996 when he entered government service said the accusations are plainly
malicious.
"In the eyes of the people, if I got all my assets through illegal
means,would I be careless or stupid enough to put it in my name, my wife's, my
children's name if such were acquired through illegal means?" Corona said, in a
text message.
"I am a Supreme Court Chief Justice. I think I will not commit such a
mistake/stupidity if indeed those were illegally acquired. Ano ba naman!" Corona
added.
The House prosecutors claim that Corona failed to declare all of his acquired
properties in his statement of assets, liabilities and net worth (SALN) with the
presentation of several witnesses attesting to the ownership of some titled
properties in Taguig City and Quezon City.
Taking the witness stand to provide the documents of Corona's supposed
properties were Sedfrey Garcia of Marikina, Carlo Alcantara of Quezon City,
Randy Rutaquiao of Taguig, and Constante Caluya Jr. of Makati. The prosecutors
claimed that the documents were supposedly for the pieces of property that the
prosecution claims Corona had acquired illegally.
During the impeachment hearing Thursday, the discussions on Corona's alleged
property went quite technical when the defense and the prosecution exchanged
views on the significance of the land titles to Article 2 of Impeachment
Complaint, which deals with Corona's supposed failure to disclose his statement
of assets, liabilities and net worth.
Retired Justice Serafin Cuevas, the lead defense counsel, questioned the
relevance of the titles to the article of impeachment.
Cuevas stressed that the titles were not connected with the issue of Corona's
SALn, "but a different aspect of impeachment regarding illegally acquired
wealth, to which we have a standing objection.
The prosecutors, however, haven't stopped their black propaganda war against
the Chief Justice,
House prosecutors yesterday questioned Corona about the three parking spaces
he bought at the Belagio condominium even as they said that Corona does not have
a single vehicle which could be parked in that space.
"What are they (Corona's going to do with the three parking spaces when they
do not have a single vehicle?" Marikina Rep. Miro Quimbo, spokesperson of the
prosecution panel, said yesterday.
Quimbo maintained that not a single vehicle has been declared by Corona in
his SALn.
Corona's SALns, which were surrendered by Supreme Court Clerk of Court
Enriqueta Vidal, showed that the last time Corona declared his vehicle was in
2002. It was not specified what make his car was and when the vehicle was
acquired. Only the acquisition cost for the vehicle – P1,130,000.00 – was posted
in his SALn.
It was also in 2002 when he was appointed by then President Gloria Macapagal
Arroyo as Associate Justice of the Supreme Court.
Corona, in his speech before employees and supporters at the Supreme Court
before the start of the impeachment trial, accused the prosecution team of
trying to twist the facts relative to his properties.
He said that the prosecution has even included in their list of properties
the three parking spaces in order to exaggerate the list of his properties.
"The #13-15 certficates are parking slots in that condo. I ask why this was
being deliberately done, just to make the list of properties (from the Land
Registration Agency which is under the control of the Palace and the Department
of Justice) to give a false impression that I have many properties," Corona was
quoted as saying.
He was referring to the Articles of Impeachment.
The prosecution panel, when Corona delivered that speech did not as yet have
a copy of his SALn.
His SALn was made available to the public only after the prosecution team and
the Senator-Judges took turns in convincing Vidal to surrender the document to
the impeachment court.
The prosecution team has accused Corona of lying in his SALn saying that the
CJ has not declared properties truthfully in his SALn.
This developed as Bayan Muna Rep. Neri Colmenares, a member of the
prosecution panel, lambasted the defense team of Corona for criticizing the
Senator-Judges for alleged bias.
Colmenares said that the move could be part of a plan that could pave the way
for the defense to bring the issue before the Supreme Court.
"The criticism of the defense against senators for bias is a malicious
attempt to set up their appeal for a temporary restraining order (TRO) with the
Supreme Court," Colmenares told House reporters yesterday.
This was in relation to social media and the public's perception that
Senator-Judge Franklin Drilon was lawyering for the prosecution, as it was he
who does the job of eliciting from the witness that which the prosecution failed
to elicit.
It was also Drilon who pointed out that a property, identified as belonging
to Corona's daughter, had the CJ as the attorney in fact.
Common sense would be the guiding principle of senator-judges in rendering
the "conviction" or "acquittal" of the embattled CJin the ongoing impeachment
trial in the Senate.
The presiding officer, Senate President Juan Ponce Enrile, emphasized this as
the standard or rule of evidence to pass judgment on Corona that they will be
applying in the impeachment proceedings.
But hurdling this requirement, which sounds uncomplicated for the prosecution
panel, would only be realized if they can present precise facts and allegations
of their case againt Corona.
"It is always more difficult for the prosecution (in arguing the case)
because the burden of proof is on them. They are the first ones to present the
evidence and the burden for them is to establish the proof of their allegations.
"In this particular case, it is worsened by the fact that the allegations are
not really very precise. Unlike pleadings in criminal case, the very precise
statements of ultimate facts to be proven," commented Enrile.
The defense panel, since the start of the Corona trial last Monday, has been
objecting to the presentation of the case of the prosecution as initial hearings
showed them coming up with issues which observers noted to be not connected with
those enumerated in the charges or the so-called Articles of Impeachment.
In considering the quantum of evidence, in the Corona impeachment trial, is
neither proof beyond reasonable doubt or mere preponderance of evidence, Enrile
explained.
"That's why I said 'clear and convincing evidence' that a reasonable mind can
use to conclude the guilt or the innocence of fact.
"Preponderance of evidence is (applies in) civil case. In this one, he must
have a clear and convincing evidence that a rationale person can easily
understand and make a conclusion either way. This is in between reasonable doubt
and substantial evidence," Enrile said.
One of the neophyte members of the upper chamber, Sen. Antonio Trillanes IV,
noted that lawyers of both sides have the tendency to try to impress each other
with their legal skills.
"But as a judge in this trial it is not important to me. They should convince
me and the public at large why Corona should be convicted or acquitted," he
said.
The presiding officer defended the manner in which he is assessing the flow
of the trial as there have been criticisms that some senator-judges appear to be
"lawyering" or assisting the prosecution in exacting needed information from the
witnesses.
"We're not actually strict. We do not shackle or control the manner by which
the lawyers from both sides would ask their questions," he said.
Enrile assured that they will have a smoother and faster pace of the
proceedings beginning next week, unlike this week where one hearing was cut
short due to the unpreparedness of the prosecution panel, as admitted by one of
its members.
"Actually our speed in this case will depend upon the industry and skills of
the lawyers of the opposing side. We do not control them. As for time, we are
only human beings. Sometimes we are also tired so we adjourn for a while to take
a breathing.
"I suggested to them today that they shld not be too detailed in the markings
of evidence. in this particular proceeding, if they present a document, all they
have to do is to mark it as exhibit A and described the documents as consisting
of several pages and the contents more or less in general. If its verified or
certified document, say it into the record," he said.
Don't meddle in Corona impeach trial, Palace told
01/21/2012
A ranking Church official has urged Malacañang to focus on more
pressing issues such as poverty and land reform instead of meddling in the
impeachment case against Chief Justice Renato Corona.
"To the (Aquino) administration, let the impeachment proceedings continue.
Focus on providing help and relief to the victims of tropical storm 'Sendong,'
problems on environment, implementation of land reform, distribution of land to
the farmer-beneficiaries, not just impeachment," Marbel Bishop Dinualdo
Gutierrez told Radio Veritas in an interview.
He also called on all Filipinos, including the prosecutors, senator-judges
and the defense to pray that impeachment proceedings would be "orderly,
objective and charitable for the benefit of all."
The prelate also advised the defense and prosecution panels to conduct
thorough research, present pieces of evidence, facts and not based on rumors or
allegations.
Solidarity Philippines convenor Fr.Joe Dizon, meanwhile, appealed to
senator-judges to avoid meeting President Aquino to erase doubt about the
ongoing impeachment trial.
"That is their call on how they should behave with propriety. This point in
time as senator-judges they are entrusted by the people to search for the
truth... They should be more concerned with propriety," he said.
Catholic Bishops Conference of the Philippines-Episcopal Commission on Public
Affairs chairman Caloocan
Bishop Deogracias Iniguez said the bishops could discuss Corona's impeachment
trial in their plenary discussion on January 27.
He expressed elation over the ongoing impeachment trial.
"Well personally, I'm very happy he have impeachment trial.This is a way
really to dramatically fight corruption in government. Whatever the outcome,
whether it will be proven that there is really graft and corruption, what is
important is that, we acted to fight graft and corruption," he told Radio
Veritas.
Meanwhile, MAPSA president and CBCP-Episcopal Commission on Catechesis and
Catholic Education executive secretary Msgr.Gerry Santos said the impeachment
trial against the chief magistrate is a good "good learning experience" for
students, professors and faculties.
An official of the CBCP also urged President Aquino to "consistently" use his
political power for the common good.
With the impeachment of Corona by Aquino's allies in Congress, Fr. Edu
Gariguez said it only means that the government can do anything it wanted.
"The administration can therefore use its influence for anything that it
wants," Gariguez of the CBCP's National Secretariat for Social Action, Justice
and Peace told Manila archdiocese-run Radyo Veritas.
"Our challenge is for the government to be consistent in using its political
power, not just against Corona but also in providing justice for Hacienda
Luisita farmers," he said.
He clarified they are not favoring anybody but simply calling on the
government to work for social justice and public welfare.
The Hacienda Luisita is a 4,915 hectares sugar estate owned by the family and
relatives of Aquino.
Noy denies coaching allies sitting as judges in impeachment
trial By Fernan J. Angeles 01/21/2012
Malacaang's political allies sitting as judges at the impeachment
trial against Supreme Court Chief Justice Renato Corona do not and cannot be
swayed by "external forces," President Aquino said yesterday.
In an interview with Palace reporters, Aquino also denied instructing his
allies in the Senate to help the prosecution team in the impeachment trial
against Corona. Among the President's allies in the Senate are Franklin Drilon,
Ralph Recto, Teofisto Guingona and Francis Pangilinan, all of whom are sitting
as judges at the ongoing Corona impeachment trial and members of Aquino's the
Liberal Party. His non- LP party allies are Sen. Antonio Trillanes, Sen. Panfilo
Lacson and Sen. Sergio Osmena lll.
"Not even a suggestion would come from us. We would not want to be mobbed by
violent reactions," Aquino said in an interview after the ceremonial switch-on
of the household electrification program in Malacañang.
He added that the Senate, now acting as the impeachment court, deserves
better treatment. The Senate should be considered as co-equal branch of the
government".
Talk has been making the rounds, however, that Aquino has met with the
Nacionalista Party leader, with the discussion centered on the LP and the LP
forging a coaltion for the 2013 senatorial elections.
Rightly or wrongly, Sen. Alan Peter Cayetano, NP, is being perceived to also
being on the Aquino' allies side in the impeachment court, after he questioned
the ruling of the presiding Judge, Senate President Juan Ponce Enrile had
already ruled against summoning Corona, his wife and daughters, along with the
spouses, and even his in-laws for them to testify in the impeachement court.
This request to supoena Corona and party was the prosecutor's position, which
was being argued by Cayetano in favor of the prosecution.
Aquino says he believes the prosecution team has successfully gathered the
necessary documents to prove the case against Corona.
"The House Prosecution team has presented what should be presented before the
impeachment trial and put into record what should be recorded", Aquino noted.
Moreover, Aquino expressed confidence that the prosecutors will prove to be
better every hearing. He hinted that "In no time, you'll see them shine and show
what they are actually made of".
The Executive branch, especially the president, is barred by the Constitution
from interfering in an impeachment trial, as there is that separation of powers
principle among the branches of government.
Meanwhile, one of the senator-judges in the impeachment trial of the Supreme
Court Chief Justice is poised to manifest what some have observed as unnecessary
objections causing delay in the conduct of the proceedings.
Lacson yesterday said he will raise the issue when the impeachment trial
resumes Tuesday.
Lacson noted that during the first week of the impeachment trial, the Senate
as an impeachment court was consistently bogged down by so many objections on
the floor that accomplish "nothing except a delay in the trial."
"I intend to manifest next week before my co-jurors this observation, with
the sole purpose of expediting the trial while preserving due process. There
must be a balance between the two concerns and we must find that balance,"
Lacson said.
The senator said he will push for ways to hasten the proceedings without
sacrificing due process, as he noted many unnecessary legal objections are
weighing down the trial.
The Senate acting as an impeachment court resumes its hearings on Jan. 24.
Lacson said that while the trial in the Senate is not even a criminal
proceeding but an impeachment trial, "we're consistently bogged down by so many
objections on the floor that accomplish nothing except a delay in the trial."
"While I'm not necessarily a stranger to court proceedings having quite a
long experience appearing as a witness in the many criminal cases that I filed
when I was still in the law enforcement service, I am now beginning to
understand why it is impossible for justice to be rendered swiftly and fairly,"
he said.
In many cases, he said a poor litigant will quit after exhausting whatever
little savings he has when confronted in court by so many legal technicalities
that delay his quest for justice.
Zambales Rep. Milagros "Mitos" Magsaysay yesterday also called on the
Filipino people to remain vigilant onh the impeachment proceedings as this is an
important part of history that may turn up lessons for the future.
"Just like in the impeachment of former President Estrada, this is an event
in our history that promotes social consciousness and awareness about our
country's political status. This is an unprecedented event since this is the
result of a conflict between the judiciary and the executive branches of
government," Magsaysay said.
"This gives our kababayans the opportunity to learn the facts behind the
allegations and be able to gauge for themselves who is telling the truth because
whether we admit it or not, the image of the judiciary has taken a beating of
late and our people have a major stake in the outcome because this is also a
proof of whether the rule of law will prevail in the end," the solon added.
Magsaysay said that it is the responsibility of every Filipino to ensure that
the impeachment proceedings will not turn out to be a political circus like what
has been happening of late because of the squabbles of the former and present
administrations.
She further said that it is good practice for Filipinos to know what their
rights are which will help them understand the judicial process even more.
"The trial of Chief Justice Corona should be an eye opener for our countrymen
on the real score so they will not be used as pawns by those who have political
agenda. Let them decide on their own based on the actual merits of the case
because we are living in a democracy and this is its true essence," she said.
At the same time, Magsaysay chastised the House prosecution for coming
"unprepared" to the impeachment trial saying no amount of reasoning by the House
prosecution could excuse them from the fact that they came to the trial
ill-equipped.
"They claim the ongoing impeachment trial is a learning experience for them,"
said Magsaysay. "But all along, they said they were very much ready and have
been bragging they could earn a conviction for the Chief Justice."
"And now, they are claiming they are still in a learning process. So look at
the way they are handling their evidence. Their evidence is still a work in
progress. Up to now, they are still in the process of collating evidence against
the Chief Justice," the lady solon said.
Another lawmaker, requesting anonymity, chastised House prosecution
spokesman, Quezon Rep. Erin Tañada for admitting the impeachment proceedings are
a learning experience for them.
"They come to a gunfight and it is only now they are learning to load, cock
and fire a gun!" the solon exclaimed.
"Are they applying for the job, no differently from an OJT
(on-the-job-training)? This is not a fastfood chain for them to undergo training
before you are allowed in as a regular employee," the solon added. "This is the
real thing! They should have come prepared.
Last Wednesday, House lead prosecutor Iloilo Rep. Niel Tupas lamented on how
they were being lectured on a daily basis by the both Senate President Juan
Ponce Enrile and Defense lead counsel Serafin Cuevas.
Magsaysays said the admission of the House prosecution they are still on the
learning process is only coherent of the characteristics of the administration.
"I can't help by notice that this administration and the House prosecution
are both in the learning process when they should have reported for their tour
of duty prepared and armed to the teeth," said Magsaysay.
Had only the solons took their time to study and prepare for the impeachment
complaint they filed against Corona, they might not have suffered the
embarrassments their have been soliciting now.
"But unfortunately, they succumbed to the dictates of the administration and
filed the case against CJ Corona in haste," said Magsaysay. "I just hope they
would not let themselves be used by the machinations of this administration for
its senseless objectives. With Angie M Rosales and Charlie
V. Manalo
Chief News Editor: Sol Jose Vanzi
© Copyright, 2012 by PHILIPPINE HEADLINE NEWS ONLINE
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