ACCURATE
MANILA, FEBRUARY 4, 2012
(STAR) By Marvin Sy - The camp of Chief Justice Renato Corona is
standing by the accuracy of his statements of assets, liabilities and net worth
(SALNs) and is ready to prove it at the proper time.
In a press conference yesterday at the Ateneo Law School in Makati City,
spokespersons for the defense panel maintained that all of the alleged
non-declaration and undervaluation in the SALN of the Chief Justice as claimed
by the prosecution panel could be explained.
The prosecution has alleged that Corona failed to declare various properties
in his SALN, that some of his declarations were made as an afterthought, and
that he undervalued some of his properties.
On the 11th day of the impeachment trial of Corona at the Senate last
Thursday, the prosecution claimed that Corona did not properly declare his
condominium units and other properties in his SALN, which was basis for his
impeachment under Article 2 of the eight Articles of Impeachment filed against
him.
This triggered a debate over the rules on the SALN and what constitutes an
impeachable offense.
"We are standing by it, that it (SALN) was accurate," defense counsel
Tranquil Salvador III (photo) said in Filipino. "When we lay our
evidence, we will show that there is no basis (for their claims)."
He said that even if there is an incorrect entry in the SALN, proof of actual
intent to deceive is needed before a concerned official can be held liable.
He said the law on SALN provides for corrective measures in cases where
errors and omissions have been committed in good faith. Citing jurisprudence,
the defense panel noted that an official found guilty of making wrong entries in
his SALN only faces suspension and forfeiture of salaries for six months.
Salvador also said the prosecution was jumping to conclusion with its
allegation of undervaluation of Corona's Burgundy Plaza condominium unit in
Quezon City.
He said the court has yet to determine which of the two - assessed value or
market valuation - should be used as basis for determining the value of Corona's
Burgundy unit.
The Chief Justice purchased the unit in 1997 but declared it in his SALN only
in 2003.
Salvador emphasized that the unit was purchased before Corona was appointed
to the Supreme Court and that "there is an explanation" for its late inclusion
in his SALN.
The issue of Corona's ownership of numerous properties is one of the major
cases raised by the prosecution against the Chief Justice. But on Thursday, the
senators asked the prosecution to explain why it had announced that Corona had
45 properties when it could prove the existence of only 24. Senators Francis
Escudero and Jinggoy Estrada confronted lead prosecutor Iloilo Rep. Niel Tupas
Jr. about the list of 45 properties. Tupas said it was the Land Registration
Authority which put the figure at 45.
Lawyer Karen Jimeno, another spokesperson for the defense,
said that they knew from the start that only five properties were actually owned
by Corona.
"When it came out, we already knew the truth. We were just waiting to present
our evidence. We didn't want to violate the rules on impeachment," Jimeno said
during the same press conference.
A third lawyer for the defense, Rico Paolo Quicho, denounced what he said was
the fishing expedition being made by the prosecution.
"I think that should not be allowed because we are at this point of the
proceedings where the complainants and prosecutors should have already made
known their evidence, their witnesses and the purpose for the testimonies of
their witnesses. We should not allow them to fish for information... otherwise,
you are violating due process of the accused," Quicho said.
Jimeno added that the objections of the defense panel to the subpoenas were
not meant to suppress the truth as claimed by the prosecution but merely in
compliance with the process provided for under the rules of court.
The prosecution has asked the Senate to issue subpoenas for information
regarding several bank accounts of Corona in PS Bank and the Bank of the
Philippine Islands as part of its presentation for Article 2 of the Articles of
Impeachment when the trial resumes on Monday.
The defense panel has objected to this move by the prosecution, which they
said was irrelevant and immaterial to the allegations contained in Article 2.
"We don't know why they're are introducing this. We filed an opposition on
the basis that this is immaterial and irrelevant. What they want to prove again
is ill-gotten wealth of paragraph 2.4," Jimeno said.
Article 2.4 of the Articles of Impeachment alleges that Corona amassed
ill-gotten wealth during his term in the Supreme Court.
"Another basis of objection is the violation of basic due process rights of
Chief Justice Corona because they can't even identify specifically what they are
asking for. They don't know the figures in there and how they differ from what
is in the SALN. They are fishing for information and evidence that they don't
even know will show violation on the part of Chief Justice Corona," Jimeno said.
In the case of the foreign currency deposits, Jimeno said that the disclosure
of information about this could only be made after a waiver has been issued by
the depositor.
Jimeno said that the ploy of the prosecution to introduce the bank accounts
of Corona in the impeachment trial is a sign that they do not have any strong
evidence to prove its allegations under Article 2.
Salvador also lamented that the "trial" outside the courtroom has damaged
already the reputation of Corona.
"When this is over, whether he is acquitted or convicted, it doesn't matter
anymore. His reputation may have already been destroyed," Salvador said.
If ever Corona is acquitted, Salvador said he can no longer go against those
who besmirched his reputation.
"Will he able to go after the 188 (congressmen) for malicious prosecution? I
don't think so. He has no remedy. They want to destroy his reputation," he said.
Do a Clinton
Prosecution spokesman Marikina Rep. Romero Federico Quimbo,
meanwhile, challenged Corona to do a Clinton and face his accusers in the
impeachment court. He was referring to the US president who attended his own
impeachment trial over the Monica Lewinsky scandal.
"Precisely, we wanted the Chief Justice to be present much like how impeached
officers in other jurisdiction are made to be present in court, so that they can
deny it firsthand, just like President Clinton showed up at this own
impeachment, the president of the most powerful democracy in the world," Quimbo
said after the impeachment trial last Thursday.
"We were hoping that he could make those denials not on the steps of the
Supreme Court but here where it actually matters," Quimbo said.
But Sen. Joker Arroyo argued that in the Clinton case, the US impeachment
court eventually dismissed the case because the alleged wrongdoing was not an
impeachable offense.
Arroyo recalled that even the case of perjury against Clinton was deemed not
an impeachment offense. "In the issue of perjury, the US Senate said it was not
an impeachable offense, that it is not such a magnitude that we should remove a
popular president," Arroyo told The STAR yesterday.
But while Corona might not have committed a "high crime," the Senate
impeachment court can still remove him from office for "dishonesty," according
to Quezon Rep. Erin Tañada.
"At this point of the hearing, we have established a pattern of intentional
concealment. CJ Corona concealed all acquisition costs of all the properties he
and his wife, Cristina Corona, acquired after 2002," he said. with Christina Mendez, Paolo Romero, Jess Diaz
Chief News Editor: Sol
Jose Vanzi
© Copyright, 2012 by PHILIPPINE HEADLINE
NEWS ONLINE
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