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CJ Corona made the Palace a counter offer to get “off the hook”

March 14, 2012

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My exclusive

By Raïssa Robles

 

Early this year before the impeachment trial began, intermediaries  of  Chief Justice Renato Corona reportedly told the presidential palace that Corona would be willing to step down provided two conditions were met.

 

First, he would stay on as Associate Justice of the Supreme Court. And second, he would get to name his successor.

One of the sources I talked to said it seemed there was a third unstated condition – that Corona would not be punished. “The bottom-line is, he would be off the hook. Whether that meant acquittal or stopping the trial was not clear to me,” the source added.

I confirmed Corona’s offer separately from two highly reliable and knowledgeable sources who do not know each other. I am not at liberty to say who they are. However, I can say that one of the sources is not in government.

I first learned of this alleged offer last week before Corona had conducted his blitz interviews with five radio stations and three TV networks. This was also before Corona disclosed the reported offer to him of a term-sharing agreement with Associate Justice Antonio Carpio.

But I decided not to run what I found out until I could get an independent confirmation from another source.

I finally got this confirmation today.

Both sources saw the offer from Corona as credible.

Presidential Palace officials discussed the offer 

In fact, one of them said that officials in the presidential palace actually met early this January 2012 – before the trial started – and discussed the reported offer. And “without knowing 100% for sure if it was true or not, it was rejected,” the source said.

The offer was rejected, both sources said; one of them adding because it was “unreasonable”.

One of them explained that “if he (Corona) would be allowed to choose his successor, it would pretty much negate the whole point” of trying to reform the judiciary and making former President Gloria Macapagal-Arroyo accountable through the courts. The source explained that if Corona was allowed to choose his successor it was likely he would choose someone “who would also protect Arroyo.”

Asked what it meant for Corona to “be off the hook”, one of the sources said it was unclear what exactly that meant. However, those who discussed the offer had assumed that it meant Corona would not be convicted by an impeachment trial.

That such negotiations could have been going on behind the scenes, away from public view, is quite understandable among political power players.

Shortly after being impeached last December 12, Corona himself told his supporters:

Hindi ko po maintindihan kung bakit nanggigigil ng husto sa akin ang mahal nating pangulo, magmula pa po sa kanyang pagkaluklok sa pwesto.

Despite this, Corona said he had personally reached out to President Benigno Aquino III and offered his help and cooperation:

Tuwing kami’y nagkikita, lubos kong pinararamdam na kami’y dapat mag-ugnayan, magsama at magtulungan para sa bayan.Marami po tayong problema. Nandiyan po ang mabagal na takbo ng ekonomiya, kawalan ng trabaho, kahirapan at kagutuman. Mukhang hindi po niya naintindihan.

I tried repeatedly to get Corona’s side yesterday. His spokesman, Midas Marquez, did not answer his phone. And his lawyer, Ramon Esguerra replied with a text that he was at mass.

I could no longer reach him afterward.

It is very likely, as I write this, that there are people in both camps still trying to find a “win-win” solution to this political problem called the first ever impeachment of a sitting Chief Justice.

But the window for this is fast closing. The summer holidays are nearly upon us and soon, the public will demand a conclusion.

Tagged With: Chief Justice Renato Corona, impeachment trial, Philippine news

Comments

  1. I am gonna die says

    March 15, 2012 at 8:06 PM

    What a joke this cuervas.
    Wasn’t he appointed by marcos? Which means he was just a stooge?

    There is no HONOR in that.

    So why are people calling him “your honor” as if he really earned it?

    • Vincent Isles says

      March 15, 2012 at 11:01 PM

      Actually, retired Justice Cuevas is one of the best legal minds this country has produced.

  2. johnny lin says

    March 15, 2012 at 7:59 PM

    Prosecution simple answer to SALN claim of “inadvertence”

    Inadvertence is failure. Failure is omission. Doing it yearly is intentional and habitual.
    Intentional omission is impeachable.

    Cuevas could not argue against annual intentional omission of sin whether it is inadvertent failure or failure of correction.

    • don't stop believin says

      March 15, 2012 at 9:20 PM

      Lying was Corona’s habit, It’s inherent in his character, And now it is his nature. – He got all these as a natural consequence, like Gloria.

      • Jay says

        March 15, 2012 at 10:26 PM

        Yes, it’s in his DNA. Not just since birth but since he was still a fetus!LOL.

        • Jay says

          March 15, 2012 at 10:35 PM

          If Charles Darwin is still alive, he’s Exhibit A on how human being evolved due to immoderate greed! Welcome to the new Galapagos Island!

    • MamangUsisero says

      March 15, 2012 at 10:04 PM

      If defense is claiming “inadvertence” in SALN, then Corona is incompetent and unfit to remain as Chief Justice.

      • raissa says

        March 15, 2012 at 10:47 PM

        Pls see –
        http://raissarobles.com/2012/02/03/coronas-not-intentional-mistakes-in-his-salns/

        • MamangUsisero says

          March 16, 2012 at 3:07 PM

          Yes, Raissa, he was my colleague at SGV. He was with the Tax Division and I was with the Audit Division.

        • raissa says

          March 16, 2012 at 4:04 PM

          Were you still at SGV when Beatriz Mantoya was there?

          Was she a notary public in SGV?

        • MamangUsisero says

          March 16, 2012 at 6:09 PM

          To be honest, I never had a chance to meet or had any transaction with Bea back then. I did not know if she was a licensed notary because our group was using another notary public. But I did get to meet Corona when I referred one of my clients for tax consultation.

        • raissa says

          March 16, 2012 at 6:25 PM

          This is very interesting.

          How did he strike you then?

      • Sarah says

        March 15, 2012 at 11:35 PM

        AGREE! Saksakan naman niya ng tanga kung taon taon puro mali SALN niya.

  3. sam says

    March 15, 2012 at 7:45 PM

    Teka teka … yon fair market value ng taguig may schedule and not the commercial or true value of the property. So let say may property ka na concrete of 100sqm, the fair market value of a highend condo with 100sqm will be the same?

    if tama ang pag ka intindi ko eh … this value can not be used in SALN.

    • MamangUsisero says

      March 15, 2012 at 10:07 PM

      depende sa type ng property yung assigned FMV, naka indicate yan sa schedule ng mga assessors.

  4. suplada says

    March 15, 2012 at 7:10 PM

    Teka teka. Diba sabi ni Corona last week, this week siya mag tetestify? Eh natapos na ang linggo, ni anino wala tayong nakita.

    • sam says

      March 15, 2012 at 7:33 PM

      eh what do you expect … he lied!

      • CHRISTIAN BERNARD says

        March 15, 2012 at 8:37 PM

        Sabi niya in due time. Tapos nung kinulit sya sabi nya MAYBE next week. So that means if my understanding is correct, IN HIS TIME. Bwa ha ha ha ha. Na isahan na naman tayo. Yan ang pulitiko. Knows the meaning of twisting the truth.

        • Phil Cruz says

          March 16, 2012 at 5:37 AM

          Corona’s lawyers are twisting in the wind. No matter how they try, Renato’s case is just too difficult to defend.

          Will they again try their intended “walkout” or “call for a mistrial”? I don’t think it would work now. Too much evidence against them has been brought out. And they have failed to counter these effectively.

          They will try for a political solution? Get pressure groups to work on the Senators? I don’t think so. The INC population is too insignificant compared to the non-INC voters. The Women Judges Association? Nahh.. The IBP? More nahh..

          Corona’s last plane out (resignation) has long departed the airport. No way out.

  5. johnny lin says

    March 15, 2012 at 7:07 PM

    CORONA SALN DID NOT CONTAIN ACCURATE ACQUISITION COSTS OF PROPERTIES WHICH ONLY CORONA WOULD KNOW BECAUSE THE AMOUNT IS LISTED IN DEED OF SALE.
    Corona was caught in action omitting the true value

    Corollary wise, the best example is:
    Corona’s hand was actually caught inside the cookie jar.

    Defense made by Corona thru Cuevas after being caught:
    I don’t know why my hand is inside the cookie jar. There is no evidence that I did it myself, another hand must be inside the cookie jar.

    Cuevas, Ingenous answer but stupid truthfully or he is telling to the senators they are stupid if they agree with the answer.

    Simple for the senators to understand, he he he.

    • sam says

      March 15, 2012 at 7:51 PM

      “Kahit secretary niya (ang gumawa ng SALN), obligasyon niyang alamin kung tama ito dahil siya (Corona) ang makukulong at hindi ang sekretarya,” Lacson said.

  6. johnny lin says

    March 15, 2012 at 6:49 PM

    Latest ABS CBN News:
    Cuevas was asked why Corona put 18 million in acquisition costs, when it should be more?
    His answer, there is no evidence he prepared his SALN.

    THREE IS EVIDENCE THAT CORONA SIGNED HIS SALN AND SWORE UNDER OATH THAT WHAT WAS WRITTEN WAS TRUE.

    After being caught Corona is claiming thru his lawyer, there was no evidence he prepared it.
    so what, what is important Corona admitted he knew what was written, that is evidence.

    Cuevas is insulting intelligence of Senators. They should feel offended by that answer.

    • sam says

      March 15, 2012 at 6:53 PM

      No evidence prepared it? eh maybe later he may say that the is no evidence that he signed it

      • sam says

        March 15, 2012 at 7:01 PM

        The mere fact that TJ’s signature appears below, he is still liable for the said document. kahit sino pa ang nag prepare

        Bakit wala yon “other income sa SALN”?
        GMAnetwork again – “baka na kaligtaan lang”
        Wah! ..

        • Bobi Rivera says

          March 15, 2012 at 11:52 PM

          next hearing sasabihin ni cuevas fake ang mga salns. hindi si corona ang gumawa kaya wala siya kasalanan!!

    • chona says

      March 15, 2012 at 9:41 PM

      kahit sino pa ang gumawa ng SALN nya, the mere fact na pinirmahan nya at under oath yun eh walang ibang mananagot kungdi siya. is corona saying na basta na lang siya pumipirma na hindi muna nya binabasa kung anu nakasaad sa mga pinipirmahan nya? SIYA PA? HUH??

    • MamangUsisero says

      March 15, 2012 at 10:11 PM

      Cuevas’ Freudian slip!

  7. johnny lin says

    March 15, 2012 at 6:38 PM

    In declaring SALN under Real Property, the only tTRUTHFUL AND ACCURATE NUMBERS are ACQUISITON COSTS because they are spelled out in Deed ofSale. The rest are arbitrary numbers.

    If in the column, Acquisition costs, the number written is different from the number in deed of sale, you lied. If upon caught of your action, you claim you made a mistake, tough luck. You should have correctediy before we caught you.

    Example:
    Nagnakaw ka ng pera halagang 10 million sa Boss mo, nahuli ka at dinemanda. Kapag nasa korte ka, Sasabihin mo nagkamali ka kasi dapat 1 million lamang kinuha mo kasi madali mong masosoli yun.

    Nagpapalusot si Cuevas, ginagawa niyang tanga ang mga senador. Pag naniwala sila tanga nga sila.

    • sam says

      March 15, 2012 at 8:19 PM

      pwede naman mag sorry diba? LOL

  8. parengtony says

    March 15, 2012 at 6:28 PM

    The trial is now coming into the more crucial points. My personal observation, premised mainly on the fact that the judges are firstly politicians and therefore would, with the exception of those who will be retiring from politics, cast their vote according to public opinion in order to protect their political future. Thus we now see more intervention among the judges specially those who favor one side or the other. Their primary interest at this point is to steer the flow of information to the public towards building a public perception which favors their bias.

    In short, given a clear and strong public opinion, We the People will prevail over the politicians.

    • MamangUsisero says

      March 15, 2012 at 10:16 PM

      Then, let’s heightened our clear and strong opinion against Corona by flooding all available networking sites and blog sites including tagging this blog to all senator-judges including their families’ and friends’ emails and social networking accounts.

  9. mhylle cabahug says

    March 15, 2012 at 5:30 PM

    i don’t see any point for the defense to put witnesses to testify on the values stated on the tax declaration. the document can speak for itself. proceed na tayo sa peso and dollar account plus the sources of income as presented yesterday by the defense puro pala allowances yun na dapat gamitin nya for his official function as chief justice at hindi para sa savings account.

    • Guy With A Blog says

      March 15, 2012 at 5:41 PM

      Exactly. The taxes on his property are determined from a fixed amount (changed every 3 years) in the assessor’s files, based on the local government code and the city council ordinance. None of which helps us explain how the CJ was able to buy those properties given the salaries and bonuses he claims to have gotten.

      Wala kayong linoloko, this is just more stonewalling.

      Explain. NOW.

      • Mafe says

        March 16, 2012 at 9:11 AM

        It is another one of their tactics — to swamp the courts with hundreds of files and documents and an array of witnesses, regardless of relevance and materiality, to make it appear that they have a mountain of evidences. And and in between, they are praying that we may get confused and that we may forget the public clamor for the TJ to take the witness stand. But they are also wary I think kasi they would find themselves standing on a very shaky foundation, at isang pitik lang, they will all crumble.

        • Mafe says

          March 16, 2012 at 9:12 AM

          *court

    • baycas says

      March 15, 2012 at 6:12 PM

      The tax declaration of one property is under Corona’s daughter’s name. That property is hers.

      The tax declaration of Vicente’s property is under Corona’s wife’s name. That property is Vicente’s.

      Amazing!

      • baycas says

        March 15, 2012 at 10:13 PM

        This was an off-the-cuff remark. Please pardon me.

        To clarify:

        McKinley tax declaration under Charina’s name proves it is her property; whereas Marikina tax declaration is under Cristina, yet Vicente claimed he owns the property. It’s kind of illogical.

        However:

        Checking the deed of absolute sale on McKinley revealed that Corona stood as attorney-in-fact, transacting business on behalf of his daughter Charina, the real owner.

        While the Marikina property, between Corona’s wife and Vicente, the deed of absolute sale says Vicente as the owner.

        Now I understand who owns what.

        (Note: It pays to do fact-checking first before I posted the comments proximally above and the other one downstairs.)

        • percy1007 says

          March 16, 2012 at 5:00 AM

          What is important to determine is the source of money used to pay for the McKinley lot. There are only two sources.

          If Charina gave the money to Corona, where and how did Charina get the money?
          Meron bang high paying job? How did she transfer the money to Corona? Show the documents.

          If Corona paid for it from HIS own at sabihin pamana/gift saan nakuha ni Corona ganoon kalaki pera? Bayad dapat si Charina ng inheritance/donor’s tax.

        • baycas says

          March 16, 2012 at 7:53 AM

          You may visit the sites here:

          Charina Corona Physical Therapist

        • Mafe says

          March 16, 2012 at 9:16 AM

          On this issue, the line of questioning of Sen. Escudero was revealing. In reply to the prosecution’s declaration that they did not believe Charina had the means to buy the property, Chiz challenged the prosecution to instead file charges against the daughter.

        • percy1007 says

          March 16, 2012 at 8:15 PM

          Corona should show the remittance of about $100k in 2008 to pay Mckinley Megaworld. If he advanced the P6m and considered it as a loan to Charina, where did Corona get the money?

          Makikita sa remittance from whom and to whom.

  10. baycas says

    March 15, 2012 at 5:17 PM

    Key elements in the Articles of Impeachment:

    Article 2 (A2). Non-disclosure of the true, correct and timely SALN

    Article 3 (A3). Uncharacteristic behavior of the highest member of the Judiciary

    Article 7 (A7). Partiality in favoring gloria to leave the country

    —–

    Bullet points of “The Defense” strategy

    I. Respondent Corona was deprived of his right to due process when the House of Representatives proceeded to transmit the Articles of Impeachment (AOI) to the Senate with undue haste.

    – Defense crushed when the Senate accepted the AOI and proceeded to try the case; Cong. Tiangco’s testimony was not corroborated by other representatives on account of Inter-parliamentary courtesy. (Judicial intervention by the Supreme Court is still awaited.)

    II. The Senate has no jurisdiction to try the impeachment inasmuch as the AOI was constitutionally infirm because it was not verified.

    – Defense crushed with the continuance of Senate Impeachment Trial. (Judicial intervention by the Supreme Court is still awaited.)

    III. The allegations in the AOI are false claims and unsupported by substantial evidence.

    – A2.

    a. Money was derived from legal means. Unaccounted large sum of money was not actually the respondent’s own.
    b. Properties were acquired through legal processes. Undisclosed properties were not actually the respondent’s own.
    c. SALNs were filed on time. They were accurately done. Omissions, if there are any, were inadvertently committed.

    – A3.

    a. Records and testimonial evidence will show the respondent’s proven competence, integrity, probity, and independence. Respondent did not use government allowances for personal use. There were no flip-flopping decisions; besides, the High Court’s decisions were collegial in nature.

    (Note: Some allegations were not substantiated because of judicial privilege. Others due to lack of material witnesses. Truth to the allegations hangs in the balance if without proof.)

    – A7.

    a. The TRO speaks for itself and it is a majority decision for which its enforceability must take precedence. The allegation rides on a strength of a hearsay testimony. Granting the contents of J. Sereno’s dissenting opinion are true, they were not substantiated by corroborating documentary and/or testimonial evidence.

    (Note: Allegation was not substantiated because of judicial privilege and lack of material witnesses. Truth to the allegation hangs in the balance if without proof.)

    IV. What was being alleged in Article 2 is not even an impeachable offense.

    – Inadvertent omissions in the SALNs are simple negligence (“little misdemeanors”) or, appropriately, less grave offenses not worthy for impeachment. The law allows corrective action in filing SALNs.

    • raissa says

      March 15, 2012 at 5:52 PM

      WOw. This is useful.

      Thanks.

      • Alizarin Viridia says

        March 15, 2012 at 7:36 PM

        Ms Raissa, MORE USEFUL to whom ? the Defense and the Judges than the Prosecution and the public? Nagtatanong lang on the belief I am seeking the truth against all other opinions?

      • darkpalosx says

        March 15, 2012 at 10:34 PM

        raissa can you get documents of prices of condo way back at the time of acquisitions of corona? heard a story from my uncle that his friend got a 45 sqm at the bellagio in 2008 for a 4.5 million and it was at a lower floor

        • raissa says

          March 15, 2012 at 10:41 PM

          Pls read –

          http://raissarobles.com/2012/01/07/realty-broker-coronas-posh-condo-a-steal-at-p14-million/

        • parengtony says

          March 16, 2012 at 12:17 AM

          The 303.5 sqm Belagio I penthouse unit 38-b (highest floor) was bought at a later time than the 4.5M 45 sqm unit you mentioned. Its “real value” at that time Corona acquired it is easily 30M. And the value of the 3 parking slots is 800k each which brings the total cost to about 32.5M. If it is true that Megaworld’s selling price to Corona was merely 14.5M as indicated in the Deed of Sale, then Corona is clearly guilty of accepting a huge favor from a company with numerous pending cases with the SC. The claim of Megaworld of water damage due to typhoon and short term payment scheme to justify such a huge discount is BS.

          The IC, led by Enrile, by setting aside this issue as well as the issue on dollar accounts, is telling the public that an impeachable public official can most easily hide ill gotten wealth by:
          a) simply acquiring properties and then conniving with the seller to undervalue the Deed of Sale and/or
          b) simply putting the loot in a dollar account.

          And in both instances, from the perspective of We the People, the most telling, most relevant, and most important issue of unethical behavior by the highest dispenser of justice in the nation is being disregarded in the same arrogant manner consistent with the culture of impunity as exemplified by the Ampatuans in Maguindanao.

    • Mel says

      March 15, 2012 at 8:29 PM

      Stalemate, has anyone contemplated on it?

      The petition of Chief Justice Renato Corona before his OWN Supreme Court seeking to stop his trial (before the Senate-Impeachment) for alleged violation of his constitutional right to due process HASN’T been decided yet to date. The Senate Impeachment is halfway through the trial, it is now the Defense’s turn. And Lead Counsel S Cuevas’ legal technicality manuever has again questioned the Senate-Impeachment’s ‘due process’ regarding the House’s Articles of Impeachment.

      Whilst the Senate-Judges has already ruled that

      <IFs and BUTs

      ____ the Supreme Court decides favorably for it’s Chief Justice’s petition to junk the Corona Senate-Impeachment, what next?

      ******************

      @baycas

      Very good observation and pointers that gives credit, albeit to make the Defense panel’s propositions look smarter.

      Just today, as some commenters’ have picked up already, “Lead defense counsel Serafin Cuevas on Thursday said there is no evidence to show that Chief Justice Renato Corona personally prepared his statements of assets, liabilities and net worth (SALN).”

      And that brought the deck of cards come crumbling down. It is the most hilarious and stupidest ‘Apologetic’ excuse that a Lawyer could muster in defense of a convoluted client. Unsolicited reminder, these two boof heads are currently and former Justices of the Supreme Court!

      And that makes up two ‘brainy’ heads that held captive the entire nation’s imagination and aspiration to date. Incomparable.

      @baycas, with your ‘Bullet points of “The Defense” strategy’ analysis, you make them appear intelligent and worthy to be called Supreme Court Justices. I don’t know about you máte, but it is so insulting for the entire Filipino nation to hear from Serafin Cuevas’ statement that his client – the Chief Justice of the Supreme Court may not have prepared his own SALN(s), but signed it nonetheless. Maya-maya, sasabihin niyang hindi pirma ni R Corona ang nasa SALNs na naka vault secured for x years..

      AND THIS IS WHAT shemozzle the whole gov’t has come to.

      Does anyone remember on December 26, 2011, ‘CJ R Corona released his REPLY to the Articles of Impeachment by the House of Representatives‘ – UNSIGNED? Only his lawyers did sign it.

      Extreme idiocy of both hemispheres of the brain, none other than from Renato Corona himself. Ultimong school records and curriculum vitae niya ay doctored! The whole nation was deceived big time! With a Master of Laws from Asia’s oldest CATHOLIC university (UST, 400 years young)! And a Harvard graduate to boast.

      Hamak talaga si GMA.

      • baycas says

        March 15, 2012 at 11:07 PM

        Mel,

        Please read Pleyto here:

        http://elibrary.judiciary.gov.ph/decisions.php?doctype=Decisions%20/%20Signed%20Resolutions&docid=1304555911872763570

        Cuevas et al is riding on the strength of jurisprudence that may apply to their client.

        Key phrases:

        Bookkeeper who prepared the SALNs
        Admitted wife a businesswoman but failed to disclose her business interests
        Repeated offense (1999 to 2002)

        —–

        Please read also Cajigal here:

        http://sc.judiciary.gov.ph/jurisprudence/2001/nov2001/am_rtj_00_1562.htm

        Key phrases:

        Allegation of ill-gotten wealth
        Failure to file SALNs
        Repeated offense

        • baycas says

          March 15, 2012 at 11:35 PM

          To both: SIMPLE NEGLIGENCE.

        • Mafe says

          March 16, 2012 at 9:26 AM

          But from a chief justice, the highest (not merely higher) standards should be required. I had time to read only one of the cited cases above, I think Pleyto’s. One issue was whether there was bad faith. Could bad faith be gleaned from external acts?

        • dtranscriber says

          March 16, 2012 at 1:38 PM

          I tend to disagree this in CJ’s case… I think the prosecutors have painted that CJ did not disclose his full assets by underdeclaring his properties and the bank accounts in question.

          Please see other phrases in the Pleyto decision:

          Petitioner’s negligence, though, is only simple and not gross, in the absence of bad faith or the intent to mislead or deceive on his part, and IN CONSIDERATION OF THE FACT THAT HIS SALNs ACTUALLY DISCLOSE THE FULL EXTENT OF HIS ASSETS and the fact that he and his wife had other business interests.

        • percy1007 says

          March 16, 2012 at 8:54 PM

          Here’s something I don’t know may work but a high ranking official told me ito ginawa niya. Kaya I don’t mingle with him anymore. Kawatan kasi. But then I have no proof na ito nga ginawa talaga.

          Dapat daw when you join government, you declare in your first year SALN na may milions of pesos ka na. Tell the world mayaman ka na and show you paid taxes. Cost of money laundering ang tax. Nobody will ask naman where is your proof of cash basta you paid tax.

          While in office, use your kurakot masquerading as your virtual cash to buy Jollibee or Chowking franchise as investment and to justify your increase in wealth and decrease your virtual cash in the SALN. So your SALN over the years malinis.

          If maging Justice ka, sell your franchise for many times over.
          Eh di na-launder mo na kurakot money.

          Mga experts ok ba ito and how to prevent or catch those using it.

    • MamangUsisero says

      March 15, 2012 at 10:17 PM

      mukhang may insider si baycas sa defense team…hehehe

      • baycas says

        March 15, 2012 at 11:35 PM

        Nope.

        Just reading on past SC decisions.

        Got the idea from here:

        http://sc.judiciary.gov.ph/jurisprudence/2010/august2010/170146.htm

        Montemayor was dismissed because of “deliberate attempt to evade the mandatory disclosure of all assets acquired”.

        Final decision here: http://sc.judiciary.gov.ph/jurisprudence/2011/june2011/170146.htm

        —–

        Another thought that entered my mind (thanks to jcc), is to read the dissenting opinion.

        J. Bersamin’s dissenting opinion to J. Villarama’s Flores vs. Montemayor is his justification of a penalty of suspension rather than dismissal.

        The pleasure of reading is here:

        http://sc.judiciary.gov.ph/jurisprudence/2010/august2010/170146_bersamin.htm

        CSC has gradation of offenses and corresponding penalties.

        “In the determination of penalties to be imposed, mitigating and aggravating circumstances may be considered.”

        Sometimes dissenting opinions are IMPORTANT even though it is not part of jurisprudence by the fact that it is MERELY the minority report.

        Well, waddya know, J. Sereno’s was also part of the minority…and so is Cong. Tiangco’s testimony (‘di ba, jcc?)

  11. baycas says

    March 15, 2012 at 5:05 PM

    Key elements in the Articles of Impeachment

    Article 2 (A2). Non-disclosure of the true, correct and timely SALN

    Article 3 (A3). Uncharacteristic behavior of the respondent for the office of the highest member of the Judiciary

    Article 7 (A7). Partiality in favoring gloria to leave the country

    —–

    Bullet points of “The Defense” strategy

    I. Respondent Corona was deprived of his right to due process when the House of Representatives proceeded to transmit the Articles of Impeachment (AOI) to the Senate with undue haste.

    – Defense crushed when the Senate accepted the AOI and proceeded to try the case; Cong. Tiangco’s testimony was not corroborated by other representatives on account of Inter-parliamentary courtesy. (Judicial intervention by the Supreme Court is still awaited.)

    II. The Senate has no jurisdiction to try the impeachment inasmuch as the AOI was constitutionally infirm because it was not verified.

    – Defense crushed with the continuance of Senate Impeachment Trial. (Judicial intervention by the Supreme Court is still awaited.)

    III. The allegations in the AOI are false claims and unsupported by substantial evidence.

    – A2.

    a. Money was derived from legal means. Unaccounted large sum of money was not actually the respondent’s own.
    b. Properties were acquired through legal processes. Undisclosed properties were not actually the respondent’s own.
    c. SALNs were filed on time. They were accurately done. Omissions, if there are any, were inadvertently committed.

    – A3.

    a. Records and testimonial evidence will show the respondent’s proven competence, integrity, probity, and independence. Respondent did not use government allowances for personal use. There were no flip-flopping decisions; besides, the High Court’s decisions were collegial in nature.

    (Note: Some allegations were not substantiated because of judicial privilege. Others due to lack of material witnesses. Truth to the allegations hangs in the balance if without proof.)

    – A7.

    a. The TRO speaks for itself and it is a majority decision for which its enforceability must take precedence. The allegation rides on a strength of a hearsay testimony. Granting the contents of J. Sereno’s dissenting opinion are true, they were not substantiated by corroborating documentary and/or testimonial evidence.

    (Note: Allegation was not substantiated because of judicial privilege and lack of material witnesses. Truth to the allegation hangs in the balance if without proof.)

    IV. What was being alleged in Article 2 is not even an impeachable offense.

    – Inadvertent omissions in the SALNs are simple negligence (“little misdemeanors”) or, appropriately, less grave offenses not worthy for impeachment. The law allows corrective action in filing SALNs.

    • Guy With A Blog says

      March 15, 2012 at 5:39 PM

      Baycas, may siningit na additional defense strategy si Cuevas awhile ago, where he had a discussion with Sen. Lacson.

      Cuevas floated the idea na hindi si CJ ang nag prepare ng SALN nya, it might be his secretary or clerk of court daw. To which Lacson responded (in Tagalog, not sure what the exact words were, so I’m paraphrasing in English) saying that’s where we do not see eye to eye, because regardless of whoever prepares his SALN, he is obligated to check its veracity and completeness, because if it is found to be grossly inaccurate, it wont be his secretary or clerk going to jail, it will be him.

      The defense is really pulling out all the stops, anything to say that walang kasalanan or alam si CJ sa lahat ng pinagbibintangan sa kanya.

      So many things for them to defend. Which s good, because slowly and surely, he can no longer hide under a supposed veneer of meekness and piety.

      • baycas says

        March 15, 2012 at 5:49 PM

        Yes, they will be part of the possible “omissions” that could have been done without malice…regardless who made the SALN.

        • Alizarin Viridia says

          March 15, 2012 at 7:43 PM

          Hindi yata pareho nito? Hindi naman siya ang nagprepare ng lason na ipinainom niya sa tao. An example of wild reasoning that borders on madness but becomes sane and intelligent after enough repetition as Hitler’s Goebbels used to advocate.

        • baycas says

          March 15, 2012 at 11:54 PM

          Kindly read:

          Ex-DPWH Usec Guilty of Simple Negligence for Failure to Disclose in SALN his Wife’s Business Interests

          Posted April 7 , 2011; By Jen T. Tuazon

      • johnny lin says

        March 15, 2012 at 7:37 PM

        On television, Cuevas is directly insulting the intelligence of the Senators with his extraterrestial answers on the SALN.

        Cuevas makes a fool of himself with his answer, even a shool kid could answer;
        How stupid are you by certifying untruthful answers with your signature? You could go to jail with your signature.

        Matanda na talaga si Cuevas, smartphone age na tayo sa tsismis, hindi kagaya nun bulung bulungan lang.
        He he he.

      • Jay says

        March 15, 2012 at 8:49 PM

        And he claimed to be an honor student, Harvard graduate, PhD degree holder from UST? No wonder, most of his awards and honors were FAKE!

      • baycas says

        March 15, 2012 at 10:56 PM

        Guy,

        The defense panel is thinking in the line of J. Abad’s ruling on Pleyto.

        Pleyto’s failure to disclose his wife’s business interests while acknowledging that she was a businesswoman earned him a “simple negligence” penalty of 6-month suspension without pay.

        Pleyto repeated the offense In his 1999-2002 SALNs and made a reason that he didn’t verify his SALNs prepared by his bookkeeper.

        It can be read here:

        http://elibrary.judiciary.gov.ph/decisions.php?doctype=Decisions%20/%20Signed%20Resolutions&docid=1304555911872763570

        Note that 2x the Supreme Court reviewed his SALNs on 2 separate cases.

      • Dimasalang says

        March 16, 2012 at 10:04 AM

        kaya nga kahapon muntik na akong mahulog sa chair ko ng marinig ko yan mula kay Cuevas. A CJ signing his SALN without checking what is written there? If that is true the more we have reason to remove him because he is not competent to be a justice of the SC. Imagine a justice just affixing his signature in a decision written by the ponente or signing his decision written by his staff without reading what is the content of the decision?

        • Salary Man says

          March 16, 2012 at 12:25 PM

          Para bang

          “hija, sabihin mo ke panyero, pipirmahan ko na ang desisyon hindi ko na babasahin bastat ang SUWELDO ko siguraduhin nyang nasa sako na, ibigay niya na lang sa driver ko okay?”.

          Ang kapal, malamang ipakukulong ni TJ yung secretary nya.Ganyan naman siya sa mga maliliit. Ang dali nyang sisihin at kastiguhin.

  12. Guy With A Blog says

    March 15, 2012 at 4:29 PM

    The discussion today in the trial: Nalilihis into tax declarations. What we need to know is how Corona was able to buy the properties, and the figure we need is the BUYING PRICE of the condo (how much binili ni Corona yung properties nya) and NOT the tax due to the city of Taguig (what is being discussed right now).

    The actual buying price relates directly to his declared income in the SALN. Kung magkano ang kita nya (salaries and allowances), justified ba na kaya nyang bilhin ang lahat ng ari arian nya?

    The answer is an obvious NO.

    The defense: Ginugulo ang uspan. Malinaw ang tanong ng taongbayan – saan nakuha ni Corona ang pera na pambili. PERIOD. Not the tax, not the assessed value, and kung ano ano pang accounting terms. Ang tanong lang, sa salary nya, pano sya nakabili ng properties na ganun kadami at kamahal?

    • Maria says

      March 15, 2012 at 5:09 PM

      Hi Guy with a Blog, I was belatedly trying to find out what happened through my twitter feed but I got confused. Did the defense try to explain the blank acquisition cost in the SALNs?

      • Guy With A Blog says

        March 15, 2012 at 6:03 PM

        Exactly. It got bogged down to what is fair market value, assessed value…I thought I was back in college taking up BA 99.1! Ang nakakapagtaka, they brought in the Taguig City assessor, who could only talk about kung tama yung value na pinagbasehan ng amelyar. That’s it. But he cannot vouch for kung saan nakuha ni Corona ang pambili, so for me, red herring nanaman ang witness na to, like Tiangco, it does not clarify anything charged sa AOI. What we all want to know is based sa kinikita ng CJ, justified ba ang pagbili nya ng kanyang ari arian?

        I saw that Atty. Tranquil being interviewed about the blank spaces sa Acquisition cost. Essentially, ang sagot nya was, may sagot kami dyan pero ayaw namin pangunahan.

        DUH. Bakit ka pa nagpainterview, wala ka naman lilinawin. Ano to, telenovela, parang teaser? Eto na, patapos na ang first week ng defense, lalo lang tayo may questions, walang nalinawan.

    • Sarah says

      March 15, 2012 at 5:13 PM

      ^THIS. Sa totoo lang, naguguluhan na rin ako sa pasikot-sikot ng mga abogado ni Corona. I only have a rudimentary understanding of accounting, kaya a lot of it is going over my head. Pero yung basic question whether Corona can afford all those properties, hindi naman nasasagot ng maayos.

      • Guy With A Blog says

        March 15, 2012 at 6:08 PM

        Cuevas had another tactic. Sabi nya something like, what if I bought the property for 5 million, tapos this year, ang worth nalang nya, pag sinubukan mong ibenta, wala pang 1 million? (Meaning no one will shell out more than 1m to buy something you bought for 5m)

        I do not dispute the fact that property prices can go lower or higher depending on future circumstances. Kung biglang may SM na tumayo sa neighborhood, or dumami ang mga squatters, lahat may bearing on the current valuation of the property.

        But – and this is especially important for public officials – Corona and all officials have to list at how much they bought the property, aka Acquisition Cost. (Which is in the deed of sale, according to the trial discussion kanina) Kasi nga, ang gusto natin macheck, yung nabibili ba na properties, cars, etc., commensurate ba sa kinikita mo in your function as a public official? Ano pa ang gamit ng SALN if you cannot check how much people are spending vis a vis their supposed earnings/salaries?

        Cuevas, wag mong ibahin ang usapan.

        • johnny lin says

          March 15, 2012 at 6:22 PM

          Right. Law says SALN must list acquisition value. If what is written there is lower than true acquisition value and Cuevas it was an honest mistake, Prosecutionshould ask him, were you present whenCorona wrote his SALN.

          Every year he does it,its no longer a mistake, it is intentional.

        • Guy With A Blog says

          March 15, 2012 at 6:30 PM

          Correct ka dyan, Johnny.

          Diba may nakulong na nga na public official because may blank space sya sa SALN nya, or another required document (pretty sure its the SALN), tapos etong si Corona, every year blank ang acquisition costs?

          Pinapalabas ni Cuevas kanina was “possible” daw secretary ni Corona or clerk nya ang nag fillup ng SALN. Sinupalpal sya ni Lacson kanina.

          Then Cuevas also tried the “eh pano kung mababa na ang current valuation ng lupa/condo, binili ko 5M pero benta nya ngayon 1m nalang?”

          All the more reason na dapat ilagay ang Acquisition Cost. Walang kwentang witness again nila, giving details as to how much tax should be paid, and tama daw naman sulat ni Corona and mga bayad nya. Hindi yan ang hinahanap natin. We want to know how he was able to buy all these properties with his salary, period.

        • Anton Mendoza says

          March 15, 2012 at 7:31 PM

          Sa SALN , dapat nakalagay ang N/A or not applicable kung walang mailalagay na facts or figures. Dapat sagutin lahat at walang blanko.

        • Sarah says

          March 15, 2012 at 8:20 PM

          Exactly! Puro obfuscating tactic lang ginagawa niya eh, they’re just skirting the issue! Nakakainis.

        • Bel says

          March 15, 2012 at 11:24 PM

          Inis na inis na din ako. Sometimes, I don’t even want to read comments, news, etc on this impeachment. But because I want to learn the truth I still read them. Can’t the senator-judges make the ruling now, or they have to finish the defense’s presentation? But until when?

        • raissa says

          March 16, 2012 at 7:18 AM

          everything has to be finished first.

      • Alizarin Viridia says

        March 15, 2012 at 7:53 PM

        Sa tingin ko kahit marami ang naguguluhan si Raissa at Mang Johnny Lin ay halimbawa na habang ginugulo nila ay lalong tumatalas ang panghiwa ng mga kabulastugan. Yun pa ulit ulit na pangangatwiran dapat ingatan, Pamboladas lang ang mga yan.

        • pinay710 says

          March 16, 2012 at 12:03 AM

          ang paghaba ng usapin na ito ay ipinakikita ng pagpapaligoy ligoy ng depensa sa usapin. inilalayo ng depensa ang mga kasalanan na magpapadiin kay corona. TALAGANG MAGALING ANG DEPENSA SA PAGTUWID SA MGA BALUKTOT NA GAWAIN NG ISANG NASASAKDAL. SIGURO DAPAT NANG IPAHINTO NG PRESIDING OFFICER ANG GANITONG PAIKOT IKOT NA PANGANGATWIRAN NG DEPENSA PARA MATAPOS NA AGAD ITONG USAPIN NA ITO. BOTOHAN NA AGAD PARA MATAPOS. TUMATAGAL NG WALA NAMAN NAPUPUNTAHAN ANG KASO. HALATANG HALATA NA KITANG KITA NA ANG EBIDENSYA NG PAGDOCTOR SA MGA DOCUMENTO INILAHAD NG DEPENSA. ANO BA YAN. TAHASAN NANG IPINAKIKITA ANG PANLOLOKO SA BAYAN.

    • baycas says

      March 15, 2012 at 6:07 PM

      One tax declaration of a property is in Corona’s daughter’s name. So, it’s the property of his daughter.

      The tax declaration of Vicente’s property is under Corona’s wife. So, it’s the property of Vicente???

      This is the importance of TAX DECLARATIONS.

      • Alizarin Viridia says

        March 15, 2012 at 7:57 PM

        Itong sinabi ni Ginoong Baycass sa itaas ano ba ang dating nito? Basahin uli baka lang subliminal ang dating nito. Paliwanag ba ito sa tamang ginawa ni Corona?

        • baycas says

          March 16, 2012 at 6:36 AM

          May paglilinaw ako dito:

          baycas says:
          March 15, 2012 at 10:13 pm

    • Mafe says

      March 16, 2012 at 9:33 AM

      That’s why JPE said that the acquisition cost is important in cases of graft and corruption. Because if you bought a property for 1M and after so many years, the value ballooned to 100M (this was JPE’s example actually), you will only be faulted (JPE’s word) for the 1M.

  13. I am gonna die says

    March 15, 2012 at 4:21 PM

    What does SALN require?

    Assessed value
    Fair market vale
    Acquisition cost

    Or all of the above?

    Can you just include assessed value and be in compliance?

    Did this thief justice enter his SALN correctly?

    • chit jose says

      March 15, 2012 at 5:45 PM

      NO, He did not and he was not consistent in his declarations. There were years he used assessed value, there were years he used fair market value, etc. OK, the defense maybe able to establish it was negligence in the declaration and minimal but then it is habitual, it was done over the 10-year period.

      But what about the CASH? what leeway will they use? that the actual cash in the bank is declared at the DEVALUED amount in the SALN?
      hAHAHAHAHA….

      Thank God for the enlightenment on JPE… at least, he is streamlining the issue: that the issue is the non-declaration/undervaluation of assets in the SALN of the CJ…

      Let us keep on praying for the enlightenment of the senator-judges to CONVICT… CONVICT…CONVICT!!!!

      • Chrimsom Hills says

        March 15, 2012 at 6:34 PM

        Enrile feeling the HEAT…his former account got charged for tax fraud by BIR .

        http://www.rappler.com/business/2551-bir-files-tax-case-vs-enrile-s-former-exec

        He is now trying to sing truthfully……he does not want to be charged by BIR at the peak of his pre-departure days :)

    • Maria says

      March 15, 2012 at 5:53 PM

      It’s crystal clear in the law – all of the above. I dont know what Recto trying to do a while ago when he was still asking Cuevas what was the law. Havent we been talking about RA 6713 this whole time? If he forgot, doesn’t he have staff researchers?

      Anyway, here is the pertinent provision:

      Section 8. Statements and Disclosure. – Public officials and employees have an obligation to accomplish and submit declarations under oath of, and the public has the right to know, their assets, liabilities, net worth and financial and business interests including those of their spouses and of unmarried children under eighteen (18) years of age living in their households.

      (A) Statements of Assets and Liabilities and Financial Disclosure. – All public officials and employees, except those who serve in an honorary capacity, laborers and casual or temporary workers, shall file under oath their Statement of Assets, Liabilities and Net Worth and a Disclosure of Business Interests and Financial Connections and those of their spouses and unmarried children under eighteen (18) years of age living in their households.

      The two documents shall contain information on the following:

      (a) real property, its improvements, acquisition costs, assessed value and current fair market value;

      (b) personal property and acquisition cost;

      (c) all other assets such as investments, cash on hand or in banks, stocks, bonds, and the like;

      (d) liabilities, and;

      (e) all business interests and financial connections.

      • I am gonna die says

        March 15, 2012 at 6:16 PM

        What idiots we have for senators.
        Isn’t this one of the most crucial elements of what constitutes SALN compliance.
        Why do hell does he ASK the defense?

        Sorry-ass senators we have.

        Hence, Asia’s basket case.

        • Hopeful Pinoy says

          March 16, 2012 at 11:32 AM

          What is this confusion on SALN all about? These senators, and all these public servants in the IC, are all required to submit their SALNs. Are they trying to say that they do not know how to accomplish this? Siguro dapat ipa-seminar ang mga ito sa unang araw pa lang ng termino nila. NAKAKATAWA.

          The defense team, including the defense Senators, are all “bright” people. Do not tell us you do not know the essence of why public officials have to submit SALNs. NAKAKAHIYA.

          MDS, where are you? I miss your shrill voice…Whaaaah! Can we hear it at least once for the defense. Do not make it very obvious to your real bosses at this point where your vote will go. NAKAKATAWA…NAKAKAHIYA

      • johnny lin says

        March 15, 2012 at 6:30 PM

        Section 8A(e) Financial connection.

        Very clear. If Corona says that the 37 million pesos he withdrew on Dec 12 belonged to BGEI, why did he not list in SALN. In 2010?

        FINANCIAL CONNECTION means if Corona claims he was Entrusted money from BGE, he should have placed it in SALN. Very simple.

        • MamangUsisero says

          March 15, 2012 at 6:52 PM

          Also, Mr. Corona did not include the salaries, allowances, etc. of Mrs. Corona in his SALN nor did he disclose that his wife was a board director of CJHMC in 2002 to 2005 (it was only in 2006 that such information was disclosed). Not sure if the prosec has pointed this to the IC.

      • levi says

        March 15, 2012 at 6:50 PM

        The two documents shall contain information on the following:

        (a) real property, its improvements, acquisition costs, assessed value and current fair market value;

        The word SHALL means MANDATORY.

        Failure to do so means non-compliance.

        • johnny lin says

          March 15, 2012 at 7:44 PM

          Only acquisition cost is Accurate numbers.
          Assessed and current market values are arbitrary. Zero could be paced and does not have bearing on actual acquisition because the significance of SALN is:

          Could you afford to pay the property withyour government salary?
          If salary is not commensurate,where did you get the money to buy?
          Simple

      • Mafe says

        March 16, 2012 at 9:36 AM

        Maria, he was trying to lawyer for the defense…lol… Despite JPE’s advise na inconsequential ang mga assessed values, etc.. tuloy-tuloy pa rin si Recto ng kadadakdak.

    • baycas says

      March 16, 2012 at 6:47 AM

      I am gonna die,

      This is what I posted time and again and I believe in this:

      The members of the HOR, in the impeachment trial represented by the prosecutors, must therefore be knowledgable on this enormous power of determining what an impeachable offense constitutes. Their role is the first step in removing an impeachable officer from office, in this case, a Chief Justice.

      “Betrayal of public trust” is the meat of Article No. 2. Constitutional Commissioner de Los Reyes defined it by stating the purpose and by giving examples:

      MR. DE LOS REYES.

      xxxxx

      And so the term “betrayal of public trust,” as explained by Commissioner Romulo, is a catchall phrase to include all acts which are not punishable by statutes as penal offenses but, nonetheless, render the officer unfit to continue in office. It includes betrayal of public interest, inexcusable negligence of duty, tyrannical abuse of power, breach of official duty by malfeasance or misfeasance, cronyism, favoritism, etc. to the prejudice of public interest and which tend to bring the office into disrepute.

      xxxxx

      The keywords (or “magic words” — as I would like it to be present in the minds of Cong. Tupas et al but, alas, magic can only do that!) is INEXCUSABLE NEGLIGENCE OF DUTY.

      Corona did just that.

      Dean Tony La Viña aptly taught us (and hopefully the perceived inept, bungling, g_go prosecutors) what Constitutional Commissioner de Los Reyes had explained:

      xxxxx, the mere fact of failing to file a true, genuine and accurate SALN by a chief justice is a serious matter. Such omission can be considered rendering him:

      – unfit to continue in office (since he is called to uphold the law and not violate it)

      – prejudicial to public interest (not giving a good example to other officers of the court of lower rank than him who he is supposed to lead)

      – tending to bring his office into disrepute (since the judiciary wields influence through moral ascendancy and if the Chief Justice himself is found to have violated the laws and the Constitution, there will be a loss of public trust in the institution tasked with dispensing justice)

      • baycas says

        March 16, 2012 at 6:54 AM

        Ma’am Raissa and I am gonna die,

        I also wrote about this before:

        From the CJ’s SALNs available online (1992-1996 and 2002-2010), A Mr. ROMEO C. CORONA was declared as “first cousin” working with address at the “Office of the President” as of “December 31, 2010”. No government position was mentioned. It was first disclosed on April 29, 2011.

        There is a certain ROMEO C. CORONA at the Office of the Vice President. He is the Records Unit head.

        His name was noted as early as 2005.

        http://ovp.50webs.com/directory.html

        http://ovp.gov.ph/site_content.php?sid=16 (2005 Accomplishment Report)

        http://ovp.gov.ph/site_content.php?sid=40 (2006)

        http://ovp.gov.ph/site_content.php?sid=42 (2007)

        http://ovp.gov.ph/site_content.php?sid=45 (2008)

        http://ovp.gov.ph/site_content.php?sid=51 (2010, Romeo C. Corona already as Transport Unit head up to the present)

        “Romeo C. Corona” in the news:

        http://verafiles.org/2012/01/19/11815/

  14. Eduardo Abello says

    March 15, 2012 at 4:13 PM

    Are there any instructions to be followed, or definition of the terms used, in preparing SALNs? If so, what current fair market values should CJ Corona have used? Was he correct in using current fair market values that were applicable for tax purposes?

  15. raissa says

    March 15, 2012 at 2:49 PM

    Pls. compare Villaruz’ current testimony with what Dumayas told me. He was the guy who signed the actual tax declaration for the Bellagio condo –

    Dumayas was the former Revenue District Officer in charge of Taguig

    http://raissarobles.com/2012/01/10/cj-coronas-condo-is-fully-paid-up-tax-official-confirms/

    • raissa says

      March 15, 2012 at 2:50 PM

      Also this

      http://raissarobles.com/2012/01/11/bir-official-more-taxes-can-be-slapped-on-cj-coronas-luxury-condo-if-selling-price-was-underdeclared/

      • sam says

        March 15, 2012 at 3:28 PM

        Villaruz admit that mga documents or tax declaration is for tax purpose only and the value stated is not the Current Commercial (Market) Value

        paano na ang SALN ni Corona?

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