TUPAS CONFIDENT OF CJ CONVICTION
MANILA, JANUARY 26, 2012 (STAR)
By Christina Mendez - The Senate impeachment court yesterday struck
out the issue of ill-gotten wealth against Chief Justice Renato Corona
but allowed the pursuit of complaints in connection with his statement of
assets, liabilities and net worth (SALN).
Calling it a "momentary advance," the defense panel said the move proved that
Article 2 of the eight Articles of Impeachment against Corona was "inherently
defective."
When asked if this would lead to a possible acquittal on this article alone,
defense lawyer Tranquil Salvador III said it would be too early to assume that
positive outcome.
"They (prosecution) will still present more witnesses. It is hard to second
guess, hard to conclude. This is just a momentary advance," he said.
Salvador said the development would certainly boost the defense panel that
has been opposing the inclusion of the issue of ill-gotten wealth.
"We believe that those allegations should not be included in the first place
in the original complaint," he said.
Corona needs acquittals in all eight articles to be considered acquitted.
However, the guilty votes of 16 senators are needed in each of the articles. A
guilty verdict in one of the eight Articles of Impeachment would sustain the
impeachment against the chief magistrate.
The Senate, as an impeachment body, had ruled that paragraph 2.4 pertaining
to "(Corona being) suspected and accused of having accumulated ill-gotten
wealth, acquiring assets of high values and keeping bank accounts with huge
deposits" be excluded from the markings of evidence.
The impeachment court had allowed the prosecution to proceed with paragraphs
2.2 and 2.3, which respectively pertain to Corona's alleged failure to disclose
to the public his SALN as required by the Constitution, and that some of his
properties were not included in his SALN declaration, in violation of the
anti-graft and corrupt practices act.
Defense spokesperson and counsel Karen Jimeno hailed the court's decision,
saying it also upheld the constitutional rights of the Corona.
"This all boils down to the question on why this issue was not included in
the Article 2 of the SALN, so that (Corona) can answer it properly. So the
decision of the impeachment court is based on law, which should not be neglected
even during an impeachment," Jimeno said.
Salvador, on the other hand, explained the defense was not preventing the
presentation of evidence against their client, such as the income tax returns,
but to ensure that all parties properly follow the rules and procedures.
Jimeno also said the fault did not lie with Corona nor the impeachment body,
but the prosecution which should have ironed out their complaint in the first
place.
"The question remains, could they be allowed to amend the complaint? The
complaint came from them, not from us. They have all the time to prepare as
allowed by law. Then they have this problem… they cannot blame this on CJ
Corona… they cannot blame the impeachment court since it is merely following the
rules and procedures under the law," Jimeno added.
To cure the problem, Salvador said the prosecution would have to bring back
the issue to the House of Representatives and have the complaint routed among
the congressmen.
If the congressmen do this, observers noted the prosecution would be limited
by the constitutional prohibition of filing several impeachment complaints
against one person within a year.
"They (congressmen prosecutors) should have collated the information and the
evidence there. What is happening right now is they are investigating in the
determination of probable cause simultaneous with the trial," Salvador said.
The defense also reiterated their position on the admissibility of evidence
in relation to Article 2 that there are "constitutional processes that need to
be respected and rights upheld" in the trial.
"Though we are cognizant of the position taken by the prosecution that no one
is above the law, we likewise point out to all that the Chief Justice, just like
any Filipino, has rights guaranteed by the Constitution," Jimeno said.
"Our continuing objection is in the manner the prosecution is presenting
evidence to prove CJ Corona's supposed unlawfully acquired wealth goes beyond
the charge contained in Article 2," she added.
Jimeno stressed the impeachment trial would have been smooth had the
prosecutors been well prepared.
She cited that from day one of the impeachment trial, the prosecution has
shown its propensity to present allegations that are not included in its
verified complaint.
"This is what will happen with a complaint that is not prepared well. Chief
Justice Corona was accused of so many allegations without any evidence," Jimeno
said.
She said no less than House prosecutor Cavite Rep. Elpidio Barzaga wanted to
adjourn the proceedings on day one, admitting the prosecution was not ready to
present evidence on Article 1 of the impeachment case against Corona.
Barzaga claimed that what the prosecution prepared was the presentation of
evidence and witnesses on Article 2.
"If they prepared well, there will be a systematic presentation of evidence
and an orderly proceedings," Jimeno pointed out.
Jimeno lamented the prosecution is presenting their evidence outside of the
court and before the media.
She also lamented the line of questioning of the prosecution panel.
"Whenever there is a delay, they (prosecution) accused us (defense) of
delaying the proceedings. They must prepare well," Jimeno said. - Jose Rodel Clapano
FROM ABS-CBN
TUPAS CONFIDENT OF CJ CONVICTION by
Jojo Malig, ABS-CBNnews.com -
[PHOTO - Lead prosecutor Niel Tupas Jr.,
stressing an argument for the prosecution at the resumption of the impeachment
trial, makes a point with his finger on Tuesday. Photo by
Joseph Vidal, Senate Pool]
Lead prosecutor Niel Tupas Jr. expressed confidence on Wednesday that the
evidence they are presenting in the Senate impeachment court will lead to the
conviction of Chief Justice Renato Corona.
This, despite the impeachment court rejecting the ill-gotten wealth clause in
the complaint against Corona.
Tupas told ANC on Wednesday that they achieved their main objective in day 6
of the impeachment trial, which is presenting tax records of the Chief Justice.
"We're satisfied with the outcome of the impeachment trial today," he said.
"We'll make the connection between income tax returns of Corona, his wife and
their children," he added.
"Article 2 is one of our strongest articles. We're confident with this
article. We'll take it one at a time," Tupas said. "We feel based on Article 2
alone, we can convict Corona."
He added that prosecutors are almost done with the case on Corona's
properties and are next tackling his income.
"Prosecution may submit its witness list tomorrow. It's really a long list.
Initially, we have 100 witnesses," he said.
Tupas also shrugged off the dressing down he got at the hands of
Senator-judges Juan Ponce Enrile and Miriam Defensor Santiago.
"I'm prepared to take anything. I have high respect for Senator Enrile," he
said. "Senator Santiago and I come from the same province."
'Corona income can't pay for properties'
House Deputy Speaker Lorenzo Tañada III, meanwhile, said on Wednesday that
the testimony of Bureau of Internal Revenue (BIR) Commissioner Kim Henares and
the documents she submitted to the impeachment court showed that Corona's income
was not enough to pay for the properties he and his wife have acquired.
"Chief Justice Corona's income is way below the value of the properties he
owns and the assets in his SALN," Tañada said in a press statement.
"Kim Henares' testimony showed that CJ Corona has not filed any income tax
return from 2002 to 2010 and his withholding tax served as his income tax found
in the so-called 'Alpha List' submitted by the Supreme Court to the BIR was only
filed in 2006," he added.
Henares told the impeachment court that Cristina Corona, the wife of the
chief justice, became a registered tax payer only in 2003 when she initiated the
registration of the sale of the La Vista property.
She said Mrs. Corona had not filed any income tax return but was included in
the "alpha list" of Camp John Hay Corporation only in 2007.
"It must be borne in mind that the income of the couple is around P2 million,
more or less, while the Corona couple's SALN states their net worth is around P
22.9 million in 2010, with an increase from P14.6 million in 2009 or an increase
of P8 million in just a year. Even if the couple did not spend anything for food
and other household expenses, their declared joint income cannot justify the
increase in their net worth," Tañada said.
Prosecutors have yet to connect dots – Recto
ABS-CBNnews.com Posted at 01/25/2012 7:03 PM | Updated as of
01/25/2012 7:03 PM
MANILA, Philippines – Senator-judge Ralph Recto (photo) said
on Wednesday that despite the documents submitted by Bureau of Internal Revenue
(BIR) Commissioner Kim Henares to the impeachment court, the prosecution panel
has yet to "connect the dots."
"Sa ngayon, they have not been able to connect the dots yet. So palagay ko
lalabas na 'yan kapag lumabas na ang lahat ng ebidensiya, possibly by next week,
magkakaroon ng summary ang prosecution to connect the dots," Recto told dzMM.
"May storya dito eh. And for me to be guided in how I will vote, dapat
maintindihan ko ang kwento ng prosecution at kwento ng defense. Hindi lamang sa
kwento sa mga press release at press conference kung hindi ano ang naipresenta
sa impeachment court," he added.
Recto took the floor on the 6th day of Chief Justice Renato Corona's
impeachment trial and asked Henares about Corona's income tax returns.
"Para mapabilis natin, 'yun naman ang dahilan natin kanina," Recto said.
"Hopefully by next week, matapos na ang Article 2 dahil walong article ito eh,
mahaba ito. Maraming charges ito. Hahaba ng hahaba ito kaya nararapat lamang na
mapabilis natin ang proceso."
The senator-judge also said that he only stood up to speed up the proceedings
and not to side with the prosecution.
"Gaya ng mga sinasabi ko sa mga pahayagan, if I have to bend backwards, I'll
bend backwards in favor of the defense to a certain degree kasi siya ang
inaakusahan eh at hindi nabigyan ng pagkakataon sa House of Representatives," he
said.
Henares will return to the witness stand when session resumes on Thursday at
2 p.m.
Chief News Editor: Sol
Jose Vanzi
© Copyright, 2012 by PHILIPPINE HEADLINE
NEWS ONLINE
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