DEFENSE: NO CLEAR PROOF
MANILA, JANUARY 20, 2012 (MANILA
TIMES) Published : Thursday, January 19, 2012 00:00
[PHOTO - Randy Rutaquio takes his oath to become the third witness to
testify in the ongoing trial of Supreme Court Chief Justice Renato Corona at the
Senate in Pasay City (Metro Manila) on Thursday. POOL
PHOTO]
CHIEFJustice Renato Corona failed to declare all of his acquired properties
in his statement of assets, liabilities and net worth (SALN), House prosecutors
claimed on Thursday as they presented a number of witnesses who testified on the
ownership of several titled properties in Taguig City and Quezon City (both in
Metro Manila).
The prosecution panel said that the Chief Justice undervalued some of the
properties listed in his statement, which could make him liable for perjury.
Randy Rutaquio of the Register of Deeds of Taguig City confirmed before the
Senate impeachment court that Corona and his family owned at least three posh
properties that were undervalued, if not missing, in the Chief Justice's
statement, which was released on Wednesday.
Based on the documents disclosed by Rutaquio, Corona acquired his Bellagio 1
property in 2004 and the Deed of Absolute Sale pegged the price of the unit at
P14.5 million. The Deed of Absolute Sale for this property was dated December
16, 2009, but it was only valued at P6 million in Corona's 2010 statement.
A unit in Bonifacio Ridge was acquired and paid for by Corona on October 14,
2005. A Deed of Absolute Sale valued the property at P9.159 million. This
property, however, only showed up in Corona's 2010 statement and was only valued
at P2.369 million.
According to the prosecution, Corona also secured a unit at McKinley Hill,
which was valued at P6.196 million in the Deed of Absolute Sale dated October
21, 2008. It was purchased under the name of his daughter Czarina, but it was
the Chief Justice and his wife Cristina who signed the Deed of Absolute sale.
The McKinley Hill property was not declared in Corona's 2009 statement.
"If you are telling the truth, why peg the price of your property on your
[statement] lower than what is stated under the Deed of Absolute Sale? He could
be guilty of perjury," prosecution panel spokesman Rep. Romero Quimbo of
Marikina City (also in Metro Manila) told reporters.
"When he filed his [statement], he is under oath. This is damning evidence,"
he added.
Deputy Speaker Lorenzo "Erin" Tañada 3rd of Quezon province, another
spokesman for the prosecution panel, agreed.
"[The statement] is filed under oath. If you lied [in] it, you are liable
[for] perjury. Documents don't lie," Tañada said.
Rutaquio brought with him certified copies of several Certificates of
Condominium Titles (CCT) registered to Corona, his wife and their daughter.
Among the documents presented before the senator-judges was the Deed of
Absolute Sale of a 303.5-square-meter unit and three parking slots at The
Bellagio, named under Corona and his wife.
Rep. Elpidio Barzaga Jr. of Cavite province, who presented Rutaquio, claimed
that that property was sold by Megaworld Corp. to the couple.
Former Supreme Court Justice Serafin Cuevas, who leads the defense panel,
questioned the true nature of the complaint against Corona, claiming that the
House panel was tackling a different case.
Cuevas noted that Article 2 in the Articles of Impeachment against Corona
only covered his failure to disclose to the public his statement.
The defense lawyer said that the testimony of Rutaquio was no longer in
connection with the statement and could not be used on the basis of non-existent
allegation.
Cuevas added that if the purpose of the prosecution was solely to determine
the Chief Justice's statement, then the evidence presented had nothing to do
with it.
The defense panel tried to block the presentation of evidence against Corona,
saying that the prosecution panel was on a "fishing expedition." They added that
the allegation of the House prosecution team that the chief magistrate amassed
ill-gotten wealth while in the High Court was based merely on suspicions and not
on facts.
"There must be no reception of evidence because there is no compliance with
rule of pleading. We are trying the Chief Justice of the Philippines on
allegations based on suspicion," Cuevas said.
He added that the presentation of evidence on Corona's properties would
violate the chief magistrate's right to due process.
But Senate President Juan Ponce Enrile overruled Cuevas, noting that the
assets being examined in the testimonies are still in Corona's statements.
Sen. Francis Escudero asked the prosecution panel to submit a memorandum to
clarify their accusations against the Chief Justice.
The prosecution panel also presented Carlo Alcantara of the Register of Deeds
of Quezon City to prove the existence of the purchased pieces of properties of
Corona and his family.
Private prosecutor Jose Justiniano conducted the direct examination for
Alcantara.
FROM THE DAILY TRIBUNE
Senator-judges question different charges in Article 2
By Angie M. Rosales and Benjamin B. Pulta 01/20/2012 Today News:
2012-01-20
Defense: Prosecutors expand raps sans clear proof
Prosecutors may be showing "evidence" but they have not established
or proved anything.
The defense in the impeachment trial of the head magistrate reiterated its
apprehension that the allegations against Chief Justice Renato Corona in
connection with the alleged non-filing of his statement of assets,liabilities
and networth (SALn) is being expanded to insinuate other charges without any
basis.
At one point during the proceedings, Senator-judge Francis "Chiz" Escudero
asked the House prosecution panel whether the charge in the impeachment should
be limited to the question of whether or not Corona filed his SALn.
At a press briefing, lawyer Jose Roy III explained that "the issue now before
the court is whether or not evidence is admisible as we have been stating our
objection to the production of evidence is a con-tinuing objection because the
complaint does not specifically allege these matters."
"The only allegation has to do with the filing and disclosure of the SALn
(Statement of Assets and Liablities Networth), there is no allegation of
irregularity or acquisition of ill gotten wealth. What the complaint states is
that there are suspicions regarding this matter and there are reports. This is
insufficient in law to constitute a valid complaint in order for a complaint to
state validly the accusation.The statements must constitute statements of
ultimate facts which the accuser must know with his personal knowledge," Roy
pointed out.
The lawyer said that "the introduction of evidence on the 45 titles is
improper because in fact none of them has any personal knowledge that the CJ
owns those 45 titles and if they do, they are most welcome to put it on oath. In
fact you can see from the testimony that even the register of deeds does not
personally know how those transactions came about."
Roy added that "it was a good day for senator judges" because it showed "how
they are able to conduct the proceedings".
"I am not saying anything, I am just telling you what happened. Their
(senator-judges) oath is clear. In all matters pertaining to impeachment and CJ
I will do impartial justice in accordance to the Constitution of the
Philippines."
"We are hoping that the standards will be upheld.Why pick on Chief Justice
Corona when this system has been in place for 20 years? If they are really
serious then they should uncover all the SALn for the last 20 years."
Accusers of the embattled CJ yesterday presented a witness alleging that
Corona and wife Cristina indeed are the registered owner of a posh condominium
unit in Taguig City worth P14.5 million.
The House prosecution panel also insinuated before the Senate impeachment
court that another property, formerly registered under the name of real estate
giant Megaworld Corp., was found to be now owned by Corona's daughter, Ma.
Czarina. There was also a typo error that showed properties belonging to Ma.
Cristina, when all along Ma. Cazarina and Ma. Cristina are one and the same
person.
Amid these initial revelations, which do not seem to be reflected in the SALn
of Corona filed before the SC's Office of the Clerk of Court and submitted
Wednesday before the Senate impeachment court, the prosecution panel still would
not formally "offer" these pieces of information as part of its evidence under
Article 2 of the eight Articles of Impeachment.
This came under the close scrutiny of at least two senator-judges who
questioned the apparent vagueness of the prosecutors' charges, as to whether
they're accusing Corona of non-disclosure of some assets in his SALn as the
prosecution lawyers themselves admitted some properties are suspected to be
ill-gotten.
Senate President Juan Ponce Enrile said that as presiding officer of the
impeachment court, amid the issue of supposed impropriety of presenting some
pieces of evidence on Article 2, he ruled that the matter be resolved later on
when the documents are formally offered as evidence by the prosecution.
For the meantime, the defense panel would be allowed to continue raising
objections in the course of the proceedings.
During the continuation of the impeachment trial, the prosecution presented
its third witness, Taguig City chief registrar Randy Rutaquio who testified on
at least four documents – three on the supposed condominium unit located at The
Bellagio with three parking slots in December 2009 or months before he was
"promoted" from being senior magistrate to chief justice by former President
Gloria Arroyo and fourth, on the property owned purportedly by Ma. Czarina,
which can be found, supposedly in McKinley Hill.
Corona declared in his filed 2010 SALn at least two condominium properties
situated in Taguig City, acquired in 2004 and 2010 at P2.37 million and P6.8
million respectively.
But apart from the said documents that included the transfer of certificate
of title (TCT), condominium certificate of titles (CCTs) and deed of sale on
these said properties, the prosecution could not offer any other information as
to how these assets were acquired as noted by Corona's lawyer, Serafin Cuevas.
"It was sold to Ma. Czarina Corona and accordingly TCT 2093 was issued
bearing the name of Ma. Czarina Corona as the registered owner," Rutaquo said.
"So that is not a registered owner of Chief Justice Corona, it is actually
Ma. Czarina Corona," Enrile commented to which was noted in the affirmative by
Rotaquio.
It was only upon the questioning of Sen. Franklin Drilon on the witness, it
was found out that Corona supposedly acted as "attorney in fact" in the
acquisition of Ma. Czarina of the said property.
At one point, during a break in the trial, a "confrontation" of sorts took
place between former Sen. Francisco Tatad and Drilon.
As relayed to reporters by another former upper chamber member, former Senate
President Ernesto Maceda who was part of the audience, Tatad approached Drilon,
a colleague during the 12th Congress and commended the latter for doing a good
job.
Tatad commented what he observed as apparent "lawyering" Drilon played for
two days now for the prosecution panel.
"You should be more balanced, you're favoring the prosecution," Tatad was
quoted as saying and which immediately earned the ire of Drilon.
"What's your problem?" Drilon asked the former majority leader.
"You have to show objectivity and that you're not biased," was the reply
given by Tatad.
"You want to disqualify me here? Go ahead," Drilon told Tatad, according to
another witness who was inside the session hall said.
Back at the court in session, one of the senator-judge, Sen. Pia Cayetano
noted to the court that in the document issued by the Land Registration
Authority (LRA) addressed to Iloilo Rep. Niel Tupas Jr., Corona's daughter was
repeatedly identified as "Ma. Christina P. Corona" as the owner of the said
property.
The said letter to Tupas, lead of the House prosecution panel, formed part of
a motion for the issuance of subpoenas to the Coronas last Jan. 12.
Rutaquio admitted that Ma. Christina and Ma. Czarina are one and the same
person.
The chief registrar, under grilling by Cuevas, told the court that he does
not have personal knowledge as to the transactions surrounding purchase of these
properties, adding Rutaquio is merely stating that he is the person responsible
for the issuance, preparation and drafting of the documents.
Senators Alan Peter Cayetano and Escudero joined Cuevas in arguing with the
prosecution on the nature of Article 2 as these do not seem to form part of the
issue with the alleged non-disclosure of Corona's SALn.
"Yesterday they (prosecution) were surprised and they admitted that it was
the first time they saw the SALn (of Corona). Now that they saw it and it has
been filed, are they still charging that it has not been disclosed because it
should be disclosed in a certain manner or are they now saying that now that
they've seen it they're going to focus on (Articles )2.3 and 2.4?
He then asked how the prosecution could have known that there are properties
that are not included in the SALn if in fact they haven't seen the SALn yet.
Cayetano managed to exact an admission from the prosecution that at the time
of their filing of the articles of impeachment, they have not stumbled upon the
said properties "so that's why you used the word 'reported' because you haven't
yet gotten hold of it."
Escudero, on the other hand, asked the prosecution to file a manifestation as
to the nature of their Article 2 since what was stated there was the failure to
disclose Corona's SALN and in subsequent paragraphs showed they alleged three
separate acts – non-filing of SALn, non-disclosure of SALn and amassing of
illegal wealth.
Each article of impeachment should contain a singular act," Escudero said,
adding that he and colleagues will probably have a difficult time later on as to
how they should cast their vote because of three different accusations in just
one article of impeachment.
Corona declared in his filed 2010 SALn at least two condominium properties
situated in Taguig City, acquired in 2004 and 2010 at P2.37 million and P6.8
million respectively.
But apart from the said documents that included the TCT, CCTs and deed of
sale on these said properties, the prosecution could not offer any other
information as to how these assets were acquired as noted by Corona's lawyer,
former Justice Serafin Cuevas.
"It was sold to Ma. Czarina Corona and accordingly TCT 2093 was issued
bearing the name of Ma. Czarina Corona as the registered owner," Rutaquo said.
Lawyers of the CJ say they are willing to bend over backwards to allow the
impeachment court get to the bottom of the allegations against the magistrate
but reiterated they will not hesitate to take their case to the High Court if
instances during the trial endanger their clients' right to a fair trial.
Speaking to newsmen at the end of the hearings which saw the prosecution
present its first witnesses in the complaint against Corona, retired Justice
Cuevas,83, asserted that while they will "submit unqualifiedly to the
impeachment court," the defense position remains that "the power to decide legal
controversies exclusively belong to SC."
Another defense panel lawyer Dennis Manalo says they see no real damage done
so far by the prosecution in the testimony of witnesses presented so far.
"No real damage. The law requires (filing) and it is clear that Chief Justice
Corona complied and filed his SALn with the clerk of court."
"In truth that is part of our defense.People need to understand that the SC
is independent.It is not udner the executive and the legislative and the Supreme
Court has a circular that defines the disclosure of SALn because the court
decides big and delicate cases, it is not unlikely that there would be
disgrunted people threatening the magistrate."
Chief News Editor: Sol Jose Vanzi
© Copyright, 2012 by PHILIPPINE HEADLINE NEWS ONLINE
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