TRIAL / PROSECUTION BLOATS CJ ASSETS MISLEAD PUBLIC
MANILA, JANUARY 31, 2012 (INQUIRER) By Christian V. Esguerra -
Senator Miriam Defensor-Santiago went through a magnetic resonance imaging (MRI)
procedure after suffering a high blood pressure in the impeachment trial last
Thursday.
Now she's fit to go resume work as a judge in Monday's proceedings, and House
prosecutors and their private counsels might be in for more scolding.
"There's nothing wrong with my brain contrary to the impression of my
enemies," Santiago said in an interview over DZBB, three days after her BP shot
up to 180/90 and she had to leave the trial early.
The former Regional Trial Court judge lambasted prosecutors on Sunday for
complaining in media about her demeanor in the impeachment trial of Chief
Justice Renato Corona.
She was incensed after anchor Nimfa Ravelo played an audio clip of House
majority floor leader Neptali Gonzales II complaining in Filipino and English
that Santiago was embarrassing the prosecutors on TV. "We both have
constituents, we both are respected by people who voted for us," said Gonzales.
Santiago lashed back in Filipino, saying senators and representatives were
"no equals." She also pointed out that only the Senate was tasked by the
Constitution to try and decide impeachment cases.
"They're just trying to look good (nagpapaguwapo) because of the next
elections. They only have a year to campaign that's why they are maximizing
their TV exposure so the voters would know them," she said.
Santiago also blasted House members for allegedly "saying things outside of
the truth … just to be in the papers."
"As much as possible, a congressman wants to be a senator that's why they
like issuing press releases so they would be known right away," she said.
Santiago said the public should distinguish between her role as a judge in
the impeachment court and her critics, who might be just after free publicity
for the coming elections at her expense.
"He will use any means to be known in public because if he says something
against me he could be lucky and land in the papers and media for his scandalous
remarks," she said in Filipino.
The senator said she would not have lost her temper in the proceedings had
not prosecutors acted like "drama kings" and resorted to "sententious"
statements and "dramatic introductions."
"The House of Representatives should not lecture on the Senate on how the
proceedings should be conducted. They know that," she said, noting that only
lawyers with no trial experience "have a lot to say" about the proceedings.
"Those with experience in trial, they know."
Ilocos Norte Representative Rodolfo Fariñas, a fiery debater, showed his
frustration at the prosecution's refusal to hit back at the "unfair" attacks of
the senators by walking out of the session hall last Thursday.
Although Rep. Niel Tupas Jr, chief prosecutor, has announced that he would be
designated as his deputy, Fariñas has not confirmed whether he accepted the post
or not.
The prosecution also denied that the Villaraza Cruz Marcelo & Angangco
law office (CVCLAW), or "The Firm," which was founded by Associate Justice
Antonio Carpio, had been helping the team with former Estrada Erap prosecutor
Dennis Villa Ignacio attending the trial.
"The prosecution has no plans of changing the composition of its panel.
Intriga lang 'yan (It's just intrigue)," Tupas said. "We are satisfied with the
way things are going for us for the first two weeks."
Tupas rejected suggestion that he, too, should be replaced after getting a
tongue lashing from Santiago.
Santiago laughed when asked about the prosecution's plan to present around
100 witnesses against Corona.
"As a former judge, I'm already laughing because if you present them to an
ordinary RTC judge, he might pass out already," she said. "Witnesses should be
weighed, not numbered."
The defense panel is set to submit on Monday its own list of witnesses, led
by Enriqueta Esguerra-Vidal, Supreme Court clerk of court, according to Ramon
Esguerra, one of Corona's lawyers.
Lead defense counsel Serafin Cuevas earlier told the court that his camp
would present 15 witnesses.
Esguerra said Vidal would prove that Corona indeed disclosed his statements
of assets, liabilities and net worth (SALNs), the second article of impeachment.
They were under the safekeeping of the clerk of court, who was designated as the
repository of such documents as per an existing SC resolution, the defense
counsel noted.
"Who had the duty to disclose? Apparently it is she," he told the Philippine
Daily Inquirer.
Esguerra also noted that the High Court has been "taking action and
reconsidering the existing guidelines" on making SALNs of justices available to
the public.
"We need to close this point and show to the Senate that the Supreme Court
has already taken action," he said, referring to the reported 10 pending
requests for copies of the SALNs.
Said Esguerra: "We will present an expert witness who can tell the Senate
that the Chief Justice did not violate the Constitution and pertinent laws on
SALN and his assets listed came from sources that are legitimate and the values
he used have legal basis."
FROM THE TRIBUNE
Defense: Prosecution bloats CJ property list to mislead
public By Benjamin B. Pulta and Angie M. Rosales 01/31/2012
Details of premium condominium real estate purchases made in the name
of embattled Chief Justice Renato Corona and his wife Cristina were put on
parade by the House prosecution panel before the Senate impeachment court
yesterday, the start of the third week of the trial.
Defense team spokesman Tranquil Gervacio Salvador III said they may opt to
present the daughter of the head magistrate, Maria Charina Corona.
"If needed, it is not unlikely." the spokesman said when asked on the
possibility that the defense may call the daughter to the stand.
"This was already discussed before and we pointed out that the daughter had
designated Chief Justice Corona as attorney-in-fact for the transactions,"
Salvador said in a press briefing shortly after the prosecution called its
eighth witness, Giovanni Sy Ng, a finance officer of the developer firm
Megaworld Property Holdings Inc.
The defense insists it was Charina who had bought a penthouse unit and its
corresponding parking slots at the Bellagio Condominium but designated her
father as her attorney while she was out of the country.
Charina is a physical therapist in the United States while her husband is
said to be a neurosurgeon, also working abroad.
The prosecution panel however insists that "the burden of
proof" has shifted to the defense in proving that the money came from
Corona's daughter and son-in-law for purchases of property in their names.
Megaworld's Ng testified that the Bellagio project catered to the "AB class"
but conceded that pricing considerations were not handled by him but by the
company's marketing department.
Senate impeachment presiding chair Juan Ponce Enrile sustained the defense's
objection that the testimony of Ng as to the pricing of the unit is hearsay.
A subpoena was ordered by the court to bring in Megaworld's marketing
director Noli Hernandez to testify on the matter.
Prosecution panel member Erin Tanada questioned "were there remittances"made
by Charina to her parents for the supposed payments for their name.The panel
insists that placing the property's title under the children's name had been an
afterthought done after 27 separate payments were made.
The prosecution also questioned the discounted purchase price which the
Coronas supposedly paid for the unit.
"Obviously it does not speak well of the Chief Justice." panel spokesman
Tañada said in a press briefing.The prosecution likewise said the discount
undermined the credibility of the SC decision in a number of cases where
Megaworld was the developer.
It was, however, clarified by witness Ng that the discount claimed by the
prosecution could not be strictly be passed off as a discount, since at the time
of the sale, the property was still on a pre-selling price stage, as well as his
testimony stated that the penthouse unit had structural defects, apart from
which, it was at a time that the investment fallout in the US was in play, due
to the Lehmann Brothers crash, resulting in a lowering of prices in the sale of
the condos.
The prosecution spokesmen went on high gear with their misleading press
conferences, saying that aside from lying under oath in his Statements of
Assets, Liabilities and Net Worth (SALn), Corona may have committed graft when
he allegedly accepted a 40-percent discount from Megaworld Corp. in his purchase
of the 303-sq. m. penthouse unit at the Bellagio Tower in Taguig City.
"There are clear provisions in the Anti-Graft and Corrupt Practices Act that
clearly show that you are not entitled to receive gifts, especially substantial
amount of gifts like a 40-percent discount and if you are the Chief Justice
because there are cases involving real-estate properties in the Supreme Court,"
said Marikina City Rep. Miro Quimbo, spokesman of the House prosecution panel.
Quimbo was reacting to a manifestation made by private prosecutor Joseph
Perez before the Senate impeachment court that Corona bought the Bellagio
property for a discounted price of P14.5 million. The 40-percent discount is
equivalent to P10 million.
However, the same witness, Ng, under cross-examination had already explained
the price differentials and clarified that this could not be labeled as a
discount.
One of the alleged condominiums owned by Corona and his wife Cristina, was
fully paid in a month's time in 2004, the same year when they acquired a similar
property in the country's financial business district.
The Coronas allegedly started acquiring two other other properties in the
emerging posh residential areas in Taguig City in 2006, or an estimated P33.2
million worth of acquisitions covering 2004 to 2009.
One of the witnesses presented by the prosecution panel yesterday told the
Senate, sitting as an impeachment court, that the Corona couple has fully paid a
unit in the 19th floor of the Spanish Bay Tower in Bonifacio Ridge, Taguig City
worth P9.1 million in April 2004. The properties cited were The Columns (Ayala
Ave.) – Nov. 2004, Bonifacio Ridge (Taguig) - April 2004,McKinley Hill (Taguig)
– 2008 and Bellagio - 2009
One of the witnesses presented by the prosecution panel yesterday told the
Senate, sitting as an impeachment court, that the Corona couple has fully paid a
unit in the 19th floor of the Spanish Bay Tower in Bonifacio Ridge, Taguig City
worth P9.1 million in April 2004.
Answering a query from Senator-judge Francis Pangilinan, the third witness in
Day 8 of the impeachment trial Aniceto Bisnar Jr., said that the chief justice
and his wife issued checks in the amount of P2.2 million and P6.9 million
respectively as payment for the Bonifacio Ridge property.
"Based on the provisional receipt, we received the P2.2 million from Mr.
Renato Corona while the other one was April 30, 2004, based on official receipt
No. 6259 (was issued by Cristina)," Bisnar said, referring to the said
transaction when he was still with the Fort Bonifacio Development Corp. (FBDC)
as commercial operations head.
Corona's wife appeared as buyer on the deed of sale of the said property
although the SC chief justice paid for the value-added tax (VAT) and other
taxes.
Bisnar's testimony followed that of Constante Caluya Jr., registrar of deeds
of Makati City who brought with him documents – original and photocopies –
pertaining to another condominium unit in The Columns, Ayala Ave., Makati City
in the name of one Cristina Corona.
The said property, acquired in Nov. 3, 2004, is said to be worth P3.5
million.
"The condo unit was paid under the 'cash category.' The unit was acquired in
almost cash basis, with the buyer issuing cheques...it's considered normal
payment term...The unit was paid almost in full by April 2004. There was a P2.2
million check in FBDC and the balance of P6.9 million within one month, a total
of P9.1 million," Bisnar said, adding that the payments made were in April 1 and
30, 2004.
Transactions for a prime property in McKinley Hill village in Taguig City
which according to an executive of its developer, Megaworld Corp. financial
director Ng, started in May 9, 2006 through a "request for reservation and offer
to purchase" made by Corona's daughter Ma. Czarina.
Czarina appeared as owner of the 203-square meter property located at phase
2, lot 16, lot 1 in McKinley Village although the name indicated in the buyer
information sheet was initially that of Corona's wife.
"We received a letter indicating that we accomplish the deed of absolute
sale...in favor of Ma. Czarina Corona," Ng told the impeachment court.
In the 27 official receipts presented in the trial, it showed that the Corona
and his spouse were the ones making the payments for the said property, at a
discount of P2.3 million.
Likewise during yesterday's proceedings, Sen. Bong Revilla urged parties not
to unduly prolong the proceedings.
In a statement the defense said Republic Act No. 1379, or the law stipulating
the handling of properties found to have been unlawfully acquired by public
officers or employees states that prima facie guilt can be established "only if
the public officer during his incumbency acquired an amount of property
manifestly out of proportion to his salary as such public officer or employee
and to his other lawful income and income from legitimately acquired property."
"We were dumbfounded when Lead Prosecutor Iloilo Congressman Neil Tupas
announced the 45 properties purportedly owned by CJ Corona" in a press
conference at the House of Representatives, Defense Spokesman Karen Jimeno
narrated. "Now the SALns are out in the trial and uploaded online. But only five
properties with three parking slots, as publicly admitted by CJ, are indeed
reported and owned by him," Jimeno added.This is bolstered by the titles thus
far marked in evidence and corroborated to a limited extent, by the certificates
authorizing transfer or CARs as testified to by BIR Commissioner Henares.
As it has been shown, "two properties are owned by the daughters of CJ, La
Vista lot by Carla, and the McKinley Hill lot by Charina. Their capacity to buy
is in issue but they are no longer dependents and earning income of their own,"
pointed out by Jimeno.
"This is already outside the allegation about the SALn of CJ. The share in
Palm Country Club is unreported but the CAR shows that taxes were only paid by
the seller developer in late 2011 and may thus be included and reported in the
SALN of 2012 by CJ," added Jimeno.
Records of the trial show that the prosecution included in the list of 45
properties, titles that have been cancelled, titles of parking lots, titles of
new owners, titles of the parents of the son in-law, and even titles of third
persons unrelated to the Coronas. "This has caused confusion at the start with
media feasting on it. But truth is out that big number is much less," explained
by Defense Spokesman Mon Esguerra.
The seeming "discrepancy alleged by the Prosecution between CJ's income and
assets through the testimony of BIR Commissioner Kim would not suffice to
establish proof that several assets of the Coronas were ill-gotten," Esguerra
further explained. The Prosecution is saying, pointed Esguerra that CJ has no
"other lawful income" and "income from legitimately acquired property' as
required under RA No. 1379 but they need to prove these before they can claim
that it has prima facie proven that CJ is guilty of graft and corruption as
alleged in 2.3 of the "Verified" Impeachment Complaint. Clearly, the "burden of
proof is with the Prosecution," Esguerra emphasized.
Chief News Editor: Sol
Jose Vanzi
© Copyright, 2012 by PHILIPPINE HEADLINE
NEWS ONLINE
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