TUPAZ: WE'VE SOLID CASE TO CONVICT /
PEOPLE WILL ACCEPT ACQUITAL- DEAN
MANILA, MAY
26, 2012 (PHILSTAR) By Jess Diaz
- A few days before the Senate impeachment court votes on the case of Chief
Justice Renato Corona, the prosecution reiterated that the strength of its
evidence could get the respondent convicted.
"We believe we have presented a strong, solid case for conviction," lead
prosecutor Rep. Niel Tupas Jr. (photo) of Iloilo told ABS-CBN News
Channel.
He said it is clear from the prosecution's evidence that Corona has valuable
assets which he failed to declare in his statement of assets, liabilities and
net worth (SALN).
Tupas said bank officers have testified that as of Dec. 31, 2010, the Chief
Justice had combined deposits of more than P31 million in Philippine Savings
Bank (PSBank) and Bank of the Philippine Islands, and withdrew more than P36
million from PSBank on Dec. 12, 2011, the day the House of Representatives
impeached him.
"Those amounts are not declared in his 2010 SALN. He reported 'cash and
investments' amounting only to P3.5 million," he added.
Tupas pointed out that aside from his peso deposits, Corona also did not
declare in his SALN his dollar deposits.
He noted that in his three-hour testimony on Tuesday, the Chief Justice
admitted that he has four dollar accounts and three peso accounts.
Corona revealed that the dollar accounts contain $2.4 million.
He also admitted that he intentionally did not declare his peso and dollar
deposits.
In the case of his dollar accounts, he said the law on foreign currency
deposits exempts him from declaring such assets in his SALN.
As for his peso deposits, he said those are not his and he is just holding
them in trust for his siblings.
Tupas said he does not agree with Corona that the law on dollar deposits,
Republic Act 6426, exempts a government official or employee from disclosing the
amount of foreign currency he is keeping in the bank.
"The provision on the confidentiality of such deposits is addressed to the
bank, not to the depositor," he said.
He said the Constitution requires government personnel to declare all their
assets, including bank deposits, whether in pesos, dollars or other foreign
currencies.
He described Corona's interpretation of the law on foreign currency deposits
as "alarming," since if it were followed, a corrupt bureaucrat could just
convert his ill-gotten wealth and assets into dollars so he would not have to
declare them.
However, he said the impeachment tribunal need not check with the banks since
most of the accounts and their contents have been confirmed in documents
presented by the prosecution and Ombudsman Conchita Carpio-Morales.
In the case of the dollar deposits, he said one account in PSBank holds more
than $768,000 (more than P32 million).
Morales had earlier told the impeachment court that Corona maintained 82
dollar accounts in five banks between 2003 and 2011 and made more than 400
transactions during that period.
Citing data from the AMLC, Morales said Corona's alleged 82 dollar accounts
worth at least $10 million were spread out in nine banks.
Corona has denied Morales' claim. He said Morales' testimony is exaggerated
and unreliable.
Prosecution spokesman Quezon Rep. Erin Tañada said the waiver he submitted to
the impeachment court yesterday is useless since Corona had already admitted
that he did not declare dollar accounts in his SALN.
Responding to questions, Tupas said there was no doubt in his mind that
Corona walked out of the impeachment court on Tuesday.
"It was a walkout, no doubt about it. After declaring, 'And now, the Chief
Justice of the Republic of the Philippines wishes to be excused,' he left the
witness stand without the permission of the presiding senator-judge, Senate
President Juan Ponce Enrile," he said.
He said Corona shook hands with defense lawyer Jose Roy III and at least one
other person before heading for the hallway leading to the exit behind the
Senate's session hall.
"I think he was still okay when he left the session hall and up to the
hallway," he added.
Another prosecution spokesman, Aurora Rep. Juan Edgardo Angara, said Corona's
camp was only trying to delay the proceedings after the senators had agreed to
issue a ruling next week.
"Perhaps they are buying time to erase the effect of the walkout (staged by
Corona) last Tuesday," Angara said.
The defense panel denied that Corona had staged a walkout, saying he left the
witness stand because he was feeling unwell. The Chief Justice was confined at
The Medical City in Pasig because of hypoglycemia and returned to the witness
stand yesterday.
Corona's lawyers insisted that the signing of waiver benefited their case as
this showed that Corona had nothing to hide.
Lead defense counsel Serafin Cuevas said Corona himself decided to sign the
unconditional waiver.
"I have nothing to do with the unconditional waiver. We did not talk about it
in the hospital. He (Corona) was under sedation. He was still dizzy yesterday
and I do not want to aggravate his illness. So he made the decision," he said.
Cuevas remains confident that Corona would be acquitted, believing the
prosecution did not prove anything. -With Alexis
Romero
People will accept CJ acquittal: dean, City College of Law
Posted at 05/22/2012 10:33 AM
MANILA, Philippines – The dean of the College of Law of City College of
Manila believes the public will accept any verdict from the Senate on Chief
Justice Renato Corona's impeachment trial, even if it means a possible
acquittal.
Atty. Rodolfo Palattao said majority of the senator-judges have shown
themselves to be impartial during the trial.
Asked if the people will accept Corona's possible acquittal, he said: "They
will because the people have learned already the meaning of the rule of law in
this country."
In the interview, Pallatao said the testimony of Ombudsman Conchita Carpio
Morales on Corona's 82 dollar accounts cannot be struck out as evidence because
she was summoned by the defense team, and not the prosecutors.
He said: "It was presented to the impeachment court not because it was the
evidence of the public prosecutors but because the Ombudsman was summoned to
appear in the impeachment court by virtue of a subpoena issued upon the
initiative of the defense.
Therefore, any evidence that may be procured in relation to the testimony of
Justice Mrales, even if they are adverse against Corona, they will be taken
because the evidence came from the defense." ABS-CBN Umagang
Kay Ganda, May 22, 2012
FROM BUSINESS WORLD ONLINE
Defense rests its case; impeachment resolution next
week
The impeachment case against Chief Justice Renato C. Corona is up for
resolution early next week after the defense rested its case on Friday.
This, as Mr. Corona addressed allegations against him when he appeared anew
before the Senate, sitting as impeachment court.
"The impeachment case is deemed submitted for decision of this impeachment
court, subject to the oral arguments of the two sides to be held next Monday,"
Senate President Juan Ponce Enrile, who is presiding judge, said.
The ruling came after retired justice Serafin R. Cuevas, lead defense
counsel, formally offered testimonial and documentary evidence before the court.
The prosecution accepted the offer.
Mr. Enrile has given the defense and prosecution panels an hour each for
their respective closing arguments on Monday.
The impeachment court may render its judgment on the same day or on Tuesday,
at the latest, he added.
Earlier at the trial, Mr. Corona addressed allegations made against him.
Responding to questioning by senator-judges, Mr. Corona said the P80 million
in his peso accounts are "commingled" funds that include proceeds from the sale
of properties owned by his wife Cristina's family business, Basa-Guidote
Enterprises, Inc., and "other family money."
Mr. Corona said, "I have around P80 million commingled funds which can be
broken from proceeds of the Basa-Guidote property," the money of his children,
and the so-called "Corona fund" for his mother's hospitalization and burial
expenses.
The Chief Justice also said that he currently has $2.4 million in foreign
currency deposit accounts, which he claimed had earned hefty interests over the
years.
Mr. Corona, however, maintained that the dollar accounts were not declared in
his Statement of Assets, Liabilities and Net Worth (SALN) pursuant to Republic
Act (RA) No. 6426 or the Foreign Currency Deposit Act, while the entirety of the
peso deposits was not included as most of it was commingled funds.
"The dollars need not be reported in the SALN because of RA 6426," Mr. Corona
said.
"'Yung peso hindi ko po dineclare kasi cominggled funds 'yan taga hawak lang
po ako niya; hindi naman akin 'yan, bakit ko idedeclare (I did not declare the
peso accounts because they are commingled funds and I was just handling them;
they were not mine so why would I declare them)," he added.
Article 2 of the Articles of Impeachment alleges that Mr. Corona failed to
declare his true SALN. The Chief Justice declared a total of P3.5 million in
"cash and investments" per his 2010 SALN.
UNUSED WAIVER
During his testimony, Mr. Corona again offered to waive all his rights on the
disclosure of his dollar bank accounts, this time without any conditions.
"I am submitting my waiver kahit wala na po iyong sa iba (I am submitting my
waiver, even if others do not waive their rights)," Mr. Corona said.
He added that the court may also opt to subpoena the managers of the banks
where he keeps his deposit accounts.
But Mr. Enrile, after meeting with the other senator-judges, ruled that the
impeachment court would not subpoena the bank managers.
"This court is not a producer of evidence but hearer of facts," Mr. Enrile
said. "[The] impeachment court takes note of the waiver but will not act on it."
The Chief Justice on Tuesday signed a "conditional waiver" to disclose his
bank documents and that of Mrs. Corona, provided that the congressmen who signed
the impeachment complaint and Senator-judge Franklin M. Drilon -- a critic of
the Chief Justice -- would do the same.
Some lawmakers took up the challenge but most, including Mr. Drilon, refused
to sign a waiver.
Mr. Corona also denied walking out of the impeachment trial last Tuesday,
blaming his medical condition for his "disorientation" after his three-hour
testimony on Tuesday. He apologized to the impeachment court for his abrupt
departure from the session hall without waiting to be discharged as a witness,
saying it was unintentional. "Hindi po ako bastos (I am not rude)," he said.
Mr. Corona, who is a diabetic, said he was unable to read two pages of his
opening statement after he started feeling weak due to low sugar levels. He then
said he had asked to be excused as he did not want to fall ill at the session
hall and in front the television cameras.
Last Tuesday, the Chief Justice unceremoniously left the Senate session hall
without the court's permission after delivering a three-hour opening statement.
Mr. Corona's lawyers said the head magistrate's blood sugar levels went down.
He was later rushed to the Medical City hospital in Pasig.
RESIGNATION
Meanwhile, the Chief Justice said he was still calling for Ombudsman Conchita
Carpio-Morales' resignation.
"Palagay ko nagpagamit si Ombudmsan sa Malacañang (In my opinion, the
Ombudsman agreed to be used by the Palace)," Mr. Corona added, when asked his
thoughts on the chief graft buster's testimony.
Citing a report by the Anti-Money Laundering Council (AMLC), the Ombudsman
last week claimed that Mr. Corona has 82 dollar accounts which have a total
$10-million in "transactional deposits."
Ms. Carpio-Morales requested the AMLC produce transactions of Mr. Corona's
supposed bank accounts following complaints against the head magistrate filed
before her office.
In response to Mr. Corona's statements, Ms. Carpio-Morales called for a press
conference to clear her name and reputation.
The "fuming" official negated the Chief Justice's claim that she asked for
her retirement to be doubled. "He is a certified liar!" said the Ombudsman. She
also said that the Chief Justice slashed her retirement by more than half.
Ms. Carpio-Morales said that she is not a puppet of the Palace nor allowed
herself to be used so the chief magistrate can be convicted. "Never ever."
The Ombudsman declared that she is ready to sign a waiver if her dollar
account needs to be opened, going on to say that she has one dollar account that
she included in her SALN which was converted to pesos.
She also asserted that the report from the AMLC she presented in the court is
authenticated. "I didn't pick it up from the gutter. It was handed to me by AMLC
head."
Ms. Carpio added that she did not aspire to be the high magistrate. "I was
not salivating to become Chief Justice. Excuse me."
At the Palace, Presidential Spokesman Edwin Lacierda claimed Mr. Corona's
testimony had validated the charges against him.
"Had he withheld information from his SALN? He did... The issues have been
joined. Mr. Corona has become the best witness for the prosecution," Mr.
Lacierda said in a statement Friday.
"He has proven, by his demeanor and his very own statements, the validity of
the charges against him, and provided evidence more than sufficient to determine
his fate," he added.
He said that the chief justice's argument that a 1974 law on bank secrecy is
superior to the 1987 Constitution allows an avenue for escape for corrupt public
officials.
"He has made his legal legacy a 'Get Out of Jail Free' card for all officials
who are plunderers and crooks. They will merely have to park their ill-gotten
funds in foreign currency accounts to immunize themselves from the effects of
our anti-graft laws," Mr. Lacierda added.
A RECONCILIATION
In a related development, the Coronas and Basas, who had locked horns over
the ownership of the family business BGEI, apparently reconciled inside the
session hall while the court was in recess.
Mrs. Corona first approached her niece Ana Basa and sisters seated at the
session hall's gallery while the impeachment court was on a break. The Basas and
Mrs. Corona engaged in small talk before Mrs. Corona went to fetch the Chief
Justice and brought him to the Basas.
The family feud was dragged into the impeachment case after it was found that
Mr. Corona supposedly drew a loan from BGEI funds which he used to bankroll the
acquisition of real properties. -- Antonio Siegfrid O.
Alegado, Noemi M. Gonzales, and Monica Cantilero
Chief News Editor: Sol
Jose Vanzi
© Copyright, 2012 by PHILIPPINE HEADLINE
NEWS ONLINE
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