DEFENSE ON PLUNDER FOR BANK
TRANSACTION RAPS VS CJ: HILARIOUS!
MANILA, MAY 18, 2012 (PHILSTAR) By Alexis Romero - The
defense panel yesterday described as "hilarious" the prosecution's statement
that Chief Justice Renato Corona may be charged with plunder for bank
transactions involving millions of dollars that were exposed by Ombudsman
Conchita Carpio-Morales.
Corona's lawyers said the data of the Anti-Money Laundering Council (AMLC) on
Corona's alleged 82 dollar accounts are not credible.
"Can these documents from AMLC be a source of valid information? To us we
can't take these hook, line and sinker," defense panel spokesman Rico Quicho
said.
"These (documents) are not authenticated, not verified and not studied.
Because these are not studied, we need not use them immediately. Perhaps we
should examine them before using them," he added.
"He (Corona) is being tried before an impeachment court. Perhaps it is
reasonable to finish this (impeachment) first before (filing) a new case or
(conducting) another investigation," he added.
The defense panel maintained that the prosecution has no basis to file
plunder charges against Corona.
Tranquil Salvador III, another spokesman of the defense panel, said the
prosecution's statement is expected.
"Nothing is surprising about their actions. We're not saying they should do
it (file plunder case). If they are going to do that, maybe we will not be
surprised. But perhaps you should just wait for the Chief Justice to take the
witness stand," he said.
Lead defense counsel Serafin Cuevas claimed that Morales'
statement "demolished" notions that Corona has $10 million.
"Durog na (the accusations have been crumbled). She (Morales) can't explain
some things. She does not know the account number and other things. In other
words, it was a complete turn around," Cuevas said last Tuesday night.
Cuevas wondered how the impeachment court could consider the AMLC report as
evidence.
"It (AMLC report) is not embodied nor mentioned in any other Articles of
Impeachment," Cuevas said.
"Based on the rule on the pleading and evidence, (one) cannot prove which is
not alleged, it must first be alleged. On the other hand, if they want to prove
that, they have to (come up with) another complaint," he added.
Prosecution panel spokesman Quezon Rep. Erin Tañada claimed that the alleged
movement of funds in Corona's alleged dollar accounts is proof of money
laundering and can make the magistrate liable for plunder.
"Outside of the impeachment case, if there's going to be a case for plunder
and graft, then the Ombudsman may take such initiative after the impeachment
proceedings," Tañada said.
He claimed that the Ombudsman's testimony had reaffirmed the prosecution's
argument that Corona had failed to declare certain assets in his statement of
assets, liabilities and net worth (SALN).
Ombudsman Morales had cited the AMLC report and told the
Senate impeachment court last Monday that Corona kept 82 dollar accounts in five
banks between 2003 and 2011, and made more than 400 transactions during that
period.
She said the Chief Justice also had several peso accounts, from which he
moved funds amounting to more than P200 million.
Morales said "significant" transactions involving Corona's alleged dollar
accounts were made during the 2004 and 2007 polls and the course of the
impeachment trial.
She said $500,000 was deposited to an account in Bank of the Philippine
Islands (BPI) Acropolis on May 12, 2004.
Another $500,000 was also deposited to an unnamed bank on May 14, 2004.
An amount of $293,635.43 was also deposited in BPI San Francisco del Monte on
May 3, 2007.
Also deposited on the same date and bank were the amounts $27,039.80,
$134,603.28, $63,345.61 and $53,572.71.
Morales said there were numerous withdrawals, debit memos and encashment
converted to pesos of dollars from Dec. 12 to 22, 2011, after the House of
Representatives impeached Corona.
Opposition lawmakers expressed skepticism on reports that Corona has 82
dollar accounts containing at least $10 million, saying that it is likely
fabricated.
The House minority bloc led by Quezon Rep. Danilo Suarez in a statement noted
that other private complainants in their complaint filed against Corona before
the Office of the Ombudsman already admitted that the $10 million might not be
accurate.
They also noted that Corona, instead of being cowed by this new charge, in
fact challenged the Ombudsman to resign if and when she is proven wrong.
"This is not the action of someone who has something to hide," Suarez said.
"We recall how the 45 properties allegedly owned by the Chief Justice shrank all
the way down to only six."
"And we also recall how those controversial peso bank account documents were
probably either fraudulent or illegally obtained," the opposition lawmakers
said, referring to the documents purportedly showing Corona's dollar accounts at
the Philippine Savings Bank.
The minority bloc said "there is a dismaying pattern of dishonesty in the
conduct of the prosecution" and warned that Malacañang is mobilizing all
agencies of government to fabricate evidence just to oust the Chief Justice.
"Now it is compounded by the spectacle of all those independent branches of
government – the Ombudsman, COA (Commission on Audit), AMLC – ganging up on the
Chief Justice," the lawmakers said.
"Will the Ombudsman really use these charges to file yet another impeachment
case against the Chief Justice, in the event this one is lost? Is there so
little regard for the valuable time of our legislators, or the urgent unfinished
business of our nation?" they said.
Pattern of lies
Salvador said former Rep. Risa Hontiveros-Baraquel, civic leader Harvey Keh,
and lawyer Emmanuel Tiu Santos have used a pattern of lies when they filed
charges against Corona at the Ombudsman.
"But we have to submit to the strategy of the Senate," he said.
Quicho described the presentation of the AMLC report of the Ombudsman as well
as other documents pertaining to Corona's bank accounts as a product of the "web
of deceit" by the prosecution.
The defense team said that there is a systematic plan to impeach the Chief
Justice, which can be seen by the way various information, initially coming from
a "little lady," documents left in a congressman's house in Quezon City, and now
placed in the mail box of a civic leader, were peddled before the impeachment
court since the start of the trial.
"You cannot just make charges which are fabricated. You should be
responsible," Salvador reiterated.
Quicho called on the public to be more discerning in accepting information
the prosecution had been presenting in and out of the impeachment court.
In his testimony before the court, Santos was presented as the third hostile
witness by lawyer Jose Roy III.
Santos, who admitted that his business school is now the subject of a closure
order of the Commission on Higher Education (CHED), testified that he merely
presented copies of reports from the Philippine Daily Inquirer as part of his
complaint filed before the Ombudsman.
He said he learned from his research decades ago that anybody can file a
complaint against any government official before the Ombudsman on the basis of
news reports.
He said he "wanted to highlight the fact that the Chief Justice's salary is
grossly disproportionate to the bank accounts as appeared in the newspapers."
Asked by Roy if it is the first time he filed a case against a government
official, Santos replied in the affirmative.
Santos admitted that talks from "a lot of people, coffee shops, Club 365,"
that certain facts do not tally Corona's declaration in his SALN.
"You were motivated by coffee shops?" Roy asked.
Santos was quick to say no, but explained that he also heard the same
comments against Corona from "barbershop philosophers."
Santos also admitted being a friend of the late Sen. Benigno Aquino III, the
father of President Aquino.
He said he also had to think twice about filing a case against Corona because
he was ponente in one of the cases he won several years ago. Corona was then
with the legal office in Malacañang during the time of former President Fidel
Ramos. With Paolo Romero, Christina Mendez
Chief News Editor: Sol
Jose Vanzi
© Copyright, 2012 by PHILIPPINE HEADLINE
NEWS ONLINE
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PHILIPPINE HEADLINE NEWS
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