'ILL-GOTTEN WEALTH'
MANILA, JANUARY 26, 2012
(ABS-CBN) by Ira Pedrasa, ABS-CBNnews.com - Burden
of proving Corona's wealth may shift to defense
Did the senator-judges come up with a Solomonic solution to an impasse that
had set back the trial for days now?
In an interview with ANC, Presiding Judge and Senate President Juan Ponce
Enrile said the impeachment court's ruling on Wednesday on the nature of article
2 of the impeachment complaint does not preclude them from later on assessing
that Chief Justice Renato Corona may have illegally acquired properties.
He said: "ill-gotten wealth is a conclusion. So they [prosecution] have to
present evidence and that's why the factual matter that requires evidence is in
2.2 and 2.3."
He said the prosecution should be able to prove "that [Corona] has not
included several properties in his SALN [statement of assets, liabilities and
net worth]. Let's see if they can do that. Then later, the burden proof will be
on the defense side."
Senator-judges decided to drop article 2.4 of the complaint, which had been
the rallying cry of the prosecution in their effort to seek a Corona conviction
for betrayal of public trust and culpable violation of the Constitution.
The particular paragraph reads in full: "Respondent is likewise suspected and
accused of having accumulated ill-gotten wealth, acquiring assets of high values
and keeping bank accounts with huge deposits. It has been reported that
Respondent has, among others, a 300-sq.-meter apartment in a posh Mega World
Property development at the Fort in Taguig. Has he reported this, as he is
constitutionally-required under Art. XI, Sec. 17 of the Constitution in his
Statement of Assets and Liabilities and Net Worth (SALN)? Is this acquisition
sustained and duly supported by his income as a public official? Since his
assumption as Associate and subsequently, Chief Justice, has he complied with
this duty of public disclosure?"
They retained, however, 2.2 and 2.3, which accuses Corona of failing to
"disclose to the public his statement of assets, liabilities, and net worth as
required by the Constitution," and that "some of the properties of Respondent
are not included in his declaration of his assets, liabilities, and net worth,
in violation of the anti-graft and corrupt practices act."
This is also precisely the reason why the impeachment body allowed the
testimony of Bureau of Internal Revenue Commissioner Kim Henares, who presented
the income tax returns of Corona and those of his wife.
Enrile said they can determine later, based on the evidence presented, if
Corona has the capability to buy the properties. The burden of proof will later
shift to the defense, he added.
Not yet out of the story
In a separate press conference, prosecution spokesperson Lorenzo "Erin"
Tañada III said "the senator judges just set it [paragraph 2.4] aside and will
consider it at the proper time and that's clear."
He said it was clear from Corona's income tax declarations presented by
Henares that Corona does not have enough income to buy the different properties.
He said Henares' testimony is not yet over.
Majority Leader Neptali Gonzales II said: "I suppose that at the end of the
day, it will be very difficult for the senators not to allow 'yung ill-gotten
wealth. Kasi 'pag naipakita mo na through the ITR na 'walang panggagalinang pera
'to eh,' so ang magiging tanong ngayon ng taumbayan: 'Wala naman palang
panggagalingang pera 'to dahil ang sweldo nito ay ganito eh paanong nakabili
siya ng P11 million na mga properties?" It will go down sa ganyang isyu."
Prosecution spokesman Miro Quimbo also claimed Corona does not have other
sources of income other than being a member of the Supreme Court. There is no
record of his other incomes, he said.
Henares also noted that Corona's wife, Cristina, purchased an P11-million
property at the posh La Vista subdivision in Quezon City in 2003 despite not
having declared any income prior to the transaction.
Henares said Corona's wife, Cristina, registered with the bureau as a
one-time taxpayer for the property transaction in Sept. 9, 2003.
However, she said: "She was not registered as taxpayer. And therefore, for
all legal purposes as far as BIR is concerned, she has not earned any income
prior to Sept. 9, 2003."
Corona's SALNs show that he purportedly got an P11-million cash advance from
a company owned by Mrs. Corona and her relatives, but that the cash advance had
been repaid by 2010.
Mrs. Corona bought P11M property with no income: BIR chief
by Judith Balea, ABS-CBNnews.com Posted at 01/25/2012 4:28 PM |
Updated as of 01/25/2012 6:40 PM
[FROM www.ellen tordesillas.com]
MANILA, Philippines (2nd UPDATE) - The wife of Chief Justice Renato Corona
purchased an P11-million property at the posh La Vista subdivision in Quezon
City in 2003 despite not having declared any income prior to the transaction,
Bureau of Internal Revenue (BIR) Commissioner Kim Henares disclosed Wednesday
before the Senate impeachment court.
Henares said Corona's wife, Cristina, registered with the bureau as a
one-time taxpayer for the property transaction in Sept. 9, 2003.
However, she said: "She was not registered as taxpayer. And therefore, for
all legal purposes as far as BIR is concerned, she has not earned any income
prior to Sept. 9, 2003."
Henares said they discovered this only last Friday after they were subpoenaed
to bring documents relating to the Corona family's tax payments.
Senate president Juan Ponce Enrile, the presiding judge in the trial, asked
Henares why the bureau did not investigate the matter immediately.
"This transaction happened in September 2003. I was not commissioner of
internal revenue at that time," she replied.
The prosecution called Henares to the witness stand to testify on the chief
justice's and his wife's income tax returns (ITRs). This is in relation to
Article 2 of the impeachment complaint against Corona, alleging that he failed
to disclose his statements of assets, liabilities and net worth (SALNs).
Coronas' incomes
Henares, meanwhile, disclosed that for the years 2002 to 2010, Corona did not
file ITRs with the BIR.
She said what they have are the "alpha lists" submitted to them by the
Supreme Court, which directly withholds the taxes from the compensation of its
individual employees and remits these to the BIR.
Taxpayers are required by the National Internal Revenue Code (NIRC) to submit
their ITRs every year. However, Section 51 of the NIRC exempts individuals from
the filing if their taxes have already been correctly withheld by their
employers.
Henares said that the Supreme Court only filed the required alpha lists from
2006 to 2010, but failed to submit those from 2002 to 2005.
Based on the lists, Corona earned P465,597 in 2006, P488,156 in 2007,
P604,388 in 2008, P621,528 in 2009, and P657,755 in 2010.
On the other hand, except for her one-time tax registration in 2003, Corona's
wife also did not file ITRs, according to Henares.
Mrs. Corona, however, is included in the alpha list submitted by John Hay
Management Corp., where she served as chair in 2007 and president from 2008 to
2010.
Henares said Cristina's gross earnings were P623,157.30 in 2007, P1.24
million in 2008, P1.106 million in 2009, and P469,986 in 2010. She also earned
director fees in the amounts of P400,000 in 2007, P220,000 in 2008, P318,000 in
2009 and P240,000 in 2010.
Article 2
Aside from the failure to disclose his SALNs, the prosecution has accused the
chief justice of violating the Anti-Graft and Corrupt Practices Act by not
disclosing certain properties he acquired in his SALNs, and accumulating assets
through illegal income.
These are contained in paragraphs 2.3 and 2.4 under Article 2 of the
impeachment complaint, which was the subject of a debate among lawyers in the
previous proceedings.
Corona's defense team has argued that ill-gotten wealth was not properly
alleged in the complaint, therefore any evidence presented by the prosecution to
prove it is inadmissible in court.
At the resumption of the trial on Wednesday, senator-judges decided in favor
of the defense, disallowing the introduction of evidence on 2.4.
Properties
The prosecution panel has been insisting that Corona acquired illegal wealth
based on the properties under his and his wife's names that have values beyond
the spouses' known incomes.
Citing data from the Land Registration Authority, the prosecution earlier
reported a total of 45 properties allegedly owned by Corona and his family, of
which at least 13 are in the names of the chief justice and his wife.
The properties included the one in La Vista, Quezon City; a P14.5 million
condominium unit at the Bellagio 1 in Fort Bonifacio, Taguig City; a P2.5
million in One Burgundy Plaza in Katipunan, Quezon City; and another condominium
worth P3.5 million in Makati City.
Corona's 2003 SALN showed that he made an P11-million cash advance from the
company owned by his wife supposedly to help fund his property acquisitions. His
subsequent SALNs showed he was able to fully pay for that amount in 2010.
Chief News Editor: Sol
Jose Vanzi
© Copyright, 2012 by PHILIPPINE HEADLINE
NEWS ONLINE
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