BACKFIRES ON PROSECUTOR
[PHOTO - Megaworld finance officer Giovanni Ng looks on as
prosecution and defense lawyers review a document during his testimony at the
impeachment trial of Chief Justice Renato Corona at the Senate
yesterday.]
MANILA,
FEBRUARY 2, 2012 (INQUIRER) By
Dennis Carcamo The testimony of a land developer executive virtually backfired
on the prosecutors after he explained how the P10 million cut on the price of a
condominium unit was given to the family of Chief Justice Renato Corona.
Taking the witness stand, Noli Hernandez, Megaworld Corp. senior vice
president for marketing and sales, clarified that he decided to give the price
cut on the P24 million Bellanio condo unit in Taguig City due to several
factors.
He described the penthouse acquired by the Coronas sometime 2008 as
"semi-bare" and "water-damaged" during after a typhoon hit it.
The plunged of the global economy was also factored in when the reduction of
the price was given, according to Hernandez.
He also stressed that Megaworld did not sell the Bellagio unit on a losing
price.
"Kumita rin naman po kahit maliit lang," Hernadez told the impeachment court
when it resumed this afternoon at the Senate building.
During the direct examination and re-direct examination, Presiding
Senator-Judge Juan Ponce Enrile several times warned the prosecutors of
threatening to impeach their own witness.
"You should confer first with your witness before presenting him so that you
will get answers you want," Enrile said.
Before being discharged from the witness stand, several senator-judges
fielded clarificatory questions to Hernandez.
The court ordered the documents regarding the damaged Bellagio unit be
subpoenaed on the requests of the senator-judges.
Hernandez said the Bellagio unit has an original price of P24 million. But
situation change and they reduced it about P19 million.
Megaworld further reduced the price to P10 million as the unit sustained
damages during a typhoon.
Hernandez however said that it was not a practice of Megaworld to sell damage
units to clients and the company is in the process of rectifying it.
"Apart from the damage,we compute and factor that in, and we opted to reduce
the price of Bellagio," he said.
Enrile threatened to cite in contempt Hernandez after the prosecution noted
that they will not be able to present him today.
The prosecution earlier vowed to present Hernandez in today's hearing as one
of their witnesses.
But as soon as Enrile said the court will cite Hernandez in contempt, the
prosecution panel head Neil Tupas Jr. said Hernandez "has just arrived, just
now."
Hernandez was expected to give testimony on the acquisition of Chief Justice
Corona on a penthouse unit at Bellagio condominium in Taguig City.
He said Corona's wife Cristina dealt in negotiation of Bellagio condo with
Megaworld.
Amid the huge discounted price, he denied giving special favor to the Chief
Justice, saying Megaworld lost two cases before the SC.
Relevance of Bellagio
Meantime, Senator-Judges asked however the impeachment court of the relevance
of testimony of Hernandez on the non-disclosure of Corona's statements of
assets, liabilities and networth.
Senator-Judge Ferdinand Marcos Jr. said he was at lost of the significant of
the connection of the testimony and the Article 2 of impeachment. He was
seconded by Senator-Judge Pia Cayetano.
Market value
On the other hand, Senator-Judge Panfilo Lacson pointed out that the
prosecution panel is not competent to decide on the fair market value of any
properties.
This after the prosecution panel noted that Chief Justice Renato Corona has
not been honest in disclosing the fair market value of his Taguig City property.
Lacson said it is only the assessor's office of a locality has the right to
decide on the fair market value on a property within its location.
'Testimonies reveal pattern of dishonesty' By
Christina Mendez and Marvin Sy (The Philippine Star) Updated January 31, 2012
12:00 AM
MANILA, Philippines - Testimonies at the Senate impeachment trial yesterday
pointed to a "pattern of dishonesty" of Chief Justice Renato Corona, the
prosecution said.
Property executives who faced the Senate yesterday testified about purchases
of expensive condominium units that were not reflected in Corona's statements of
assets, liabilities and net worth (SALNs).
"Today is a good day for us," Marikina Rep. Romero Quimbo, the prosecution's
spokesman, said in a press conference after the trial. "This afternoon
continuously reveals the pattern of dishonesty of the Chief Justice, pertaining
to his declaration on his SALN."
Quimbo noted that for the Bellagio unit, Corona and his wife paid in three
installments – P5 million on Oct. 17, 2008; another P5 million on April 20,
2009; and P4.9 million in October 2009.
The Bonifacio Ridge unit was also paid in installments, but only from March
to April, 2004. The two units were not declared in Corona's SALN until 2010, the
prosecutors noted. "These are clearly the patterns of deceit, and lies as far as
the SALN is concerned," Quimbo said.
"Today is a good day for us because we have presented the income tax returns,
the SALN, and the records of the developers wherein we established that they
paid in millions when they declared in their SALN that they have merely (about)
P5 million," he pointed out.
"We have established that the Chief Justice was lying in his SALN, and this
is clearly betrayal of public trust," he said.
Another prosecution spokesman, Rep. Juan Edgardo Angara, asserted that Corona
failed the public for not being true in his SALN, particularly in his
acquisition of properties.
Lead prosecutor Rep. Niel Tupas, for his part, expressed confidence that they
can pin down Corona in Article 2 alone – withheld from the "liberality" in the
implementation of rules as allowed by Senate President Juan Ponce Enrile.
"We are confident, that in Article 2 alone, we can convince the senators to
convict CJ Corona for betrayal of public trust," Tupas said.
He said the prosecution is ready to tackle Articles 3 and 5 shortly after
wrapping up Article 2.
The prosecution panel also presented Makati City registrar of deeds Constante
Caluya Jr. and Aniceto Bisnar Jr., former head of operations of Bonifacio Land
Development Corp. which is the developer of the Bonifacio Ridge condominium in
Taguig City.
On questioning from public prosecutor Pangasinan Marlyn Agabas, Caluya
testified that the Corona couple also owned a 48-square meter, one bedroom unit
at The Columns on Ayala Avenue, Makati.
Bisnar, on questioning by private prosecutor Jose Antonio Hernandez,
testified that Unit 1902 at the Bonifacio Bay tower of Bonifacio Ridge was
acquired by Mrs. Cristina Corona, who paid for the unit "in almost cash basis,
with the buyer issuing checks."
"It is considered as a normal payment term," Bisnar said.
"We will not transfer the CCT unless the owner has paid the obligations
related to the sale," he added. Bisnar said the unit was sold for P9.1 million
in 2005.
Bisnar also brought documents related to Unit 1902 of the Spanish Bay of
Bonifacio Ridge.
These included the original copy of the deed of sale as well as receipts for
the payment of the unit. Bisnar also issued provisional receipts dated March 31,
2004. Documents showing transaction costs paid by the buyer were also presented
before the impeachment court.
Apart from the condominium certificate of title, Bisnar also attested to the
veracity of the certificate of authorizing registration (CAR) and as well as
documentary stamp tax declaration/return which showed the buyer paying taxes for
the unit.
Cross-examination
During cross-examination by defense lawyer Ramon Esguerra, Bisnar said he is
involved in the operations of the project but is not familiar with the
condominium dues issue. Asked if he had seen the unit in question at the
Bonifacio Bay, Bisnar replied: "Not exactly, your honor." Asked about the exact
turnover of the unit to Mrs. Corona, Bisnar said the unit was turned over
sometime in 2005.
"Usually, our people from marketing group accompanies the buyer," Bisnar
said. He said that he does not have an "exact acceptance of the physical unit."
"The purpose was clear that this unit was only reported in 2010…Before coming
over, did you ever talk to the prosecutors on the subject matter before your
testimony?" Esguerra asked. Bisnar admitted having "conferred" with prosecutors
on Jan. 19 and Jan. 24, referring to lawyer Noni Hernandez, when they brought
the documents subpoenaed by the impeachment court.
Esguerra castigated Bisnar during open trial for describing a unit that was
not actually the one given to Mrs. Corona. "You did not see the actual unit,
those details are just your assumption," Esguerra told Bisnar.
Later on Esguerra asked Bisnar if he had seen the SALNs of the Chief Justice
from 2004 to 2010, to which he answered negatively. "Therefore, you are not in a
position to say if this particular unit bought from your company is in the
SALN," Esguerra said.
Esguerra pointed out that Corona had sourced the payments for the unit from a
loan. "You would not therefore know, whether or not the Chief Justice declared
in his SALN, that the two units were sourced from a loan that he obtained?"
Esguerra asked.
Upon clarificatory questioning from Sen. Francis Pangilinan, the witness said
that Bonifacio Ridge Unit 1902 was paid in full in April 2004.
Bisnar said the first payment was paid in check signed by Renato Corona for
P2.2 million in March 2004, while the remaining balance of P6.9 million within a
month's time in April.
Meanwhile, the prosecution panel confirmed yesterday that a certified fraud
examiner will be presented during trial to "connect the dots" based on the
pieces of documentary evidence submitted by witnesses.
"I think its important because our accusations focus on failure to disclose
in the SALN," Angara said.
In a press conference yesterday morning, Quimbo said the witness will explain
the "badges of fraud" surrounding Corona's SALN for the years 2002 to 2010 as
opposed to his lawful income. Quimbo declined to name the witness.
"We will present a certified fraud examiner as witness. The purpose of the
testimony of the witness is to show that Mr. Corona hid several properties for
so many years which he suddenly declared in April of 2011," Quimbo said.
"The job of a certified fraud examiner is to investigate and determine if
there are suspicious entries in a document and how the fraud occurred. Banks use
this kind of expert to detect fraudulent transactions and irregular contracts.
Fraud examiners are trained to identify badges of fraud," Quimbo pointed out.
Not their daughter's
The prosecution panel also presented evidence yesterday showing that the
203-square meter McKinley Hill condominium unit owned by Corona's daughter
Charina was actually paid for by the Chief Justice and his wife Cristina.
This was based on testimonies from Megaworld Corp. finance director Giovanni
Ng, who presented various documents related to the sale of a unit in McKinley
Hill to Charina. Ng said that there was a request for reservation and an offer
to purchase coming from Corona's wife Cristina.
The buyer information sheet for the transaction listed the buyer as Renato
and Cristina Corona.
However, in the deed of absolute sale for the unit described as Blk. 1, Lot
16, the buyer was listed as Ma. Charina.
Ng said that he received a letter indicating that the deed of absolute sale
should be made out to Ma. Charina.
He did not disclose any details about the source of the letter or when it was
accomplished. According to Ng, after he received the letter, a deed of
assignment to Ma. Charina was accomplished on Oct. 3, 2008.
Responding to questions raised by private prosecutor Joseph Jomer Perez, Ng
disclosed that there was another letter, dated Sept. 8, 2008 wherein Corona and
his wife Cristina stated that it was their daughter who made all of the payments
for the lot.
However, on the basis of 27 official receipts submitted by Ng pertaining to
the payments made for the McKinley Hill property, it was revealed that all of
the receipts were issued to the Chief Justice and his wife.
Ng explained that the official receipts were issued based on the information
contained in the buyer's information sheet, which in this case contained the
names of Corona and his wife.
The first O.R. was issued on July 3, 2006 for the payment of P200,000 by
Corona for the lot in McKinley Subdivision Phase 2. The next O.R. was issued on
Aug. 8, 2006 to Corona and his wife for the amount of P494,016.40. From
September 2006 to August 2008, O.R.s were issued to Corona and his wife for
P57,834.70 each. On Aug. 29, 2008, a final O.R. was issued to the couple in the
amount of P4,858,114.80.
Based on the documents submitted by Ng, the McKinley Hill property was
recorded at a purchase price of P6,196,575. This would be equivalent to a
P30,525 per square meter cost for the property.
P10-M discount
The prosecution panel also said a P10-million discount was given to Corona
and his wife Cristina for their purchase of a 303.5-square meter penthouse unit
at the The Bellagio condominium in Bonifacio Global City in Taguig in 2008.
Ng told the Senate that the building has three penthouse floors with two
units for each floor. He said that the building was situated in a prime
location, with a view of the Manila Golf course near Forbes Park in Makati City.
"The property would have the amenities fitting an upscale residential
community," Ng said.
Ng admitted that his information was based on what Megaworld's marketing
department told him when he made an inquiry about the issue.
Based on the figures, the cost of the penthouse unit should have been around
P23.6 million to P24.2 million.
Asked by Sen. Aquilino Pimentel III about the relevance of the pricing of the
units, private prosecutor Perez said that it was to show that Corona enjoyed a
P10-million discount for the Bellagio unit.
Apart from the penthouse unit, Ng confirmed that the Chief Justice and his
wife owned three parking slots at 12.5 square meters each.
Ng did not confirm the claim of the prosecution about the P10-million
discount given to the Coronas for the unit but he admitted that certain
discounts were given to their clients, the range of which depended on various
circumstances.
Based on the normal practice of Megaworld as told to him by the firm's
marketing department, Ng said that almost all buyers are granted a 15 percent
discount for shorter-term payments.
This discount could go higher if the buyer opts to pay in a shorter period of
time and if a full cash payment is made, as much as 20 percent could be given.
In the case of the penthouse unit purchased by the Coronas, Ng said that he
was informed by the marketing department that there were actual issues
surrounding the unit.
"I was informed by our marketing department that there are certain marketing
considerations as well that is intricate in this actual purchase," Ng said.
He explained that Unit 38-B had a number of technical and finishing issues at
the time it was being purchased by the Coronas, sometime at the end of 2008.
Ng said that the company would have had to undertake several corrective
measures on the unit that would add to their costs.
Ng added that the marketing department also based its decision to mark down
the price for the unit because of the prevailing economic conditions.
"At the time of the acquisition, they had a gloomy sentiment. 2008, that was
the exact moment of global financial crisis. They had a bearish attitude towards
the sale (of the units). Marketing is responsible for the price that they have
to decide for them to sell. It is their judgment call," Ng said.
Chief News Editor: Sol
Jose Vanzi
© Copyright, 2012 by PHILIPPINE HEADLINE
NEWS ONLINE
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