Analysis
By Raïssa Robles
McKinley Hill in The Fort looks like a slice of California.
It is therefore understandable that someone like Charina Corona, who has lived for nearly a decade in the United States, would want a unit here.
In fact she holds the title to one of the units. How Charina came to hold the title is quite interesting.
Charina gave CJ Corona an SPA to purchase McKinley
I’m going to be basing my observations on the actual testimonies given so far in the impeachment trial of Charina’s father, Chief Justice Renato Corona.
First, to prove that Charina owned McKinley, defense lawyers presented Atty. Perlita V. Ele, the Clerk of Court of the Regional Trial Court of Quezon City on March 21,2012. Ele bared for the first time that on March 16, 2007, Charina had executed a Special Power of Attorney (SPA) and Declaration of Trust to her parents, Renato and Cristina to transact on her behalf.
Here is a portion of her testimony:
Defense lawyer Dennis Manalo: Your Honor, it is our theory that the property is in the name of Ma. Charina Corona and that the Chief Justice made the payments in trust for Ma. Charina Corona by virtue of the special power of attorney executed in his favor by the principal.
Presiding Officer Juan Ponce Enrile: All right, proceed. What year is that Notarial Register?
Ele: 2007, Sir.
Enrile: 2007.
Ele: Yes, Sir.
Enrile: The date of the inscription of the document.
Ele: What do you mean, Sir, date? The Declaration of Trust, March 16, 2007. The Special Power of Attorney, March 16, 2007.
Enrile: Both March 16.
Ele: Yes, Your Honor.
Enrile: All right.
But the SPA came after downpayments
However, previous to Ele’s testimony, a witness for the prosecution earlier testified that Charina’s parents had started paying for the McKinley property nearly a year before Charina had signed the SPA and the Declaration of Trust.
Giovanni Ng of Megaworld testified on January 30, 2012 that the “request for reservation and an offer to purchase” a McKinley lot came from Charina’s mother, Cristina.
Ng also said the buyer information sheet listed Renato and Cristina Corona as the buyer.
In fact, all 27 official receipts (O.R.s) issued by Megaworld for the purchase of Mckinley were issued in the name of Renato and Cristina Corona, Ng said.
He said the couple had given an initial downpayment of P200,000 on July 3, 2006. Note that this was eight months before Charina had issued her parents an SPA. The next payment of P494,016.40O. was made on August 8, 2006 – or seven months before Charina had issued them an SPA.
And all receipts for the purchase were issued to Charina’s parents
Ng of Megaworld said that from September 2006 to August 2008, payments of P57,834.70 each were made and O.R.’s were issued all in the name of Renato and Cristina Corona. Finally, on August 29, 2008, the unit was considered fully paid when the Corona couple shelled out P4,858,114.80 and obtained a receipt for that amount.
All throughout this financial transaction spanning two years and 27 O.R.s, Megaworld was never told in writing by the Corona couple that they were merely acting on behalf of their married 29-year-old daughter.
Finally, in the month of September, a letter dated September 8, 2008 came from the Chief Justice and his wife informing Megaworld that it was their daughter who had made all the payments for the lot; and therefore, the title to the property should be issued in her name.
Upon receipt of this, Ng said Megaworld executed a Deed of Assignment in favor of Charina on October 3, 2008.
McKinley Hill: A Slice of California
To bolster their assertion that Charina was the owner, the defense also presented on March 15, 2012 Roberto Villaluz, officer-in-charge of the Taguig City assessor’s office. He presented the original copy of the tax declaration with TCT No. 2093-P, Tax Declaration No. GL-019-01137, registered in the name of Ma. Charina R. Corona.
Charina described as “single” in the tax declaration
Defense lawyer Dennis Manalo told the impeachment court:
And we request that the name of the registered owner appearing in the document as a “Maria Charina R. Corona, of legal age, Filipino, single,” be encircled and marked as our Exhibit “158-A”—ah, “159-AI”.
Enrile: Mark it accordingly.
Charina was married when she purchased McKinley
Notice that the tax declaration for McKinley stated that Charina was “single” when in fact she was already married at that time.
How do we know this?
We know this because it was around the same time that Charina had also bought a unit in Roseville in Placer County, California. At that time, her husband Carlos Salgado had executed an “Interspousal Transfer Grant Deed” granting the Roseville unit to “Maria Charina Corona, a married woman as her sole and separate property.”
I asked University law professor Rowena Daroy-Morales what it meant legally for Charina to be identified as “single” in the tax declaration for the McKinley property.
Prof. Morales, who teaches law and family relations, replied:
Maybe it was overlooked. It doesn’t matter. Ownership is not dependent on whether or not one is described as single or married, but on when she was married and when the property was acquired.
Still, I found it interesting that only her name appears in the two pieces of properties she has acquired during her marriage.
I asked Prof. Morales whether she found it curious that Charina had issued the SPA to her parents eight months after her parents had started paying for the property. In addition, all receipts were issued by Megaworld in her parent’s names and Megaworld was not made aware during the entire payment period that it was actually Charina’s.
It was only after the lot was fully paid that Megaworld was told it was hers and that the daughter had paid for everything.
Professor Morales said that my observation was “very valid.”
She wondered:
Was there ever a copy of the Contract to Sell from the vendor (Megaworld) to the vendee? I don’t recall a contract to sell was ever shown (during the trial). She said the contract should state who the actual buyer was.
Why do you have to tell Megaworld that, ah – by the way, the money I paid you belongs to my daughter.
Three days ago, I wrote that Charina had bought her California and The Fort properties 22 days of each other.
I was wrong.
The two transactions were more like 11 days apart. Let me explain.
I based my calculation of 22 days on the January 26, 2012 testimony of Bureau of Internal Revenue Chief Kim Henares who told the Impeachment Court that Charina was able to buy a McKinley property on October 2, 2008 even if she had not filed any ITR (Income Tax Return) “to date.”
I should have based my calculation on the January 31, 2012 testimony of Ng from Megaworld. He said the lot was finally paid in full by Renato and Cristina Corona on August 29, 2008 upon their payment of P4.8 million.
Notice that on September 9, 2008 – or 11 days after the payment of P4.8 million to Megaworld – Charina also bought the Roseville unit in California and paid a down payment of US$24,356 (P1 million).
This means that following the line of the defense that Charina paid for both properties, she had to shell out a total of P5.8 million in cold cash for both properties within a span of 11 days – and not 22 days as I had earlier reported.
Prof. Morales said that the question that has to be asked is this:
Is this (behavior) consistent of human nature with regular means? Where a person involved is a Mr. (George) Soros, it is. They don’t care about money.
She also thought it was curious that Megaworld had to execute a Deed of Assignment:
It’s transferring the ownership from yourself to another. (But) you can’t give away something you don’t own. And if the Chief Justice was donating to Charina the property, where did the money come from?
In the end, only the Chief Justice and/or his daughter can explain the transaction.
jjvillamor says
The CORONAs are really masters of forged ante-dated transactions. Corona can now rent a space along Recto or Morayta selling fake birth certificates, diplomas, etc.
kontrapilo says
The shortest distance between two points is a STRAIGHT LINE, the problem with corona defense lawyers they are making circles, turning round n round the circles,, making all the evidences blurred and crooked,, they are buying time thru the millions of corona dollar which they have practically won thru the help of the supreme court justices with their trademark TRO,, TRO maybe not the cheapest way to avoid a certain events that maybe for or against the person involve,, but it became an ordinary scheme of SC in helping TJ..when and how can we determine the length of time this TRO exist, is it temporary as the word suggest or a PANGSAMANTAGAL po lamang.
kontrapilo says
RESIGNATION is not a FACE SAVING scenario for the TJ, only a GUILTY conviction can satisfy the wishes of Filipinos,, Why resign ? the best way is to bite the dust, staying alive will not make a difference, CONSCIENCE is cancer,, your days are numbered,, face the problem, be a man and not a half-half.. Yes the most difficult problem to FACE ,, is when the problem you have to face is the YOUR FACE ITSELF.
Kabalyero01 says
another twist from the Corona camp to create a public impression that
inaccuracies from his SALN is not an impeachable offense… the law is clear
and the senator-judges should be blind with this ploy of Coronas’ defense team.
http://www.rappler.com/nation/4033-corona-no-more-blanks-in-2011-saln
Update:
Corona: No more blanks in 2011 SALN
BY PURPLE ROMERO
Posted on 04/18/2012 7:19 PM | Updated 04/18/2012 10:05 PM
BAGUIO, Philippines – Reeling from accusations he lied in his previous statements of assets, liabilities and net worth (SALN), Chief Justice Renato Corona said he will not leave any part of his 2011 SALN blank this time around.
Corona told reporters on the sidelines of a media forum on judiciary coverage Wednesday, April 18, that he is “not hiding” anything and will provide all details in the public document due for filing on April 30.
“I’ll just fill up everything. Wala naman tayong tinatago (We’re not hiding anything).”
He said he will consult his accountant about this over the weekend.
Incomplete SALNs
Corona’s statement came amid his lawyers’ dilemma on whether or not it would be wise for the chief justice to amend his SALN to include all the properties he had acquired in the previous years.
An Inquirer report cited defense lawyer Tranquil Salvador as saying that they have reservations about amending the SALN as they may be accused of admitting inaccuracies.
Discrepancies in Corona’s declared assets are the most contentious issue in his ongoing impeachment trial.
During one of the impeachment court sessions, it was discovered that a condominium unit Corona purchased in Makati City in 2004 was only declared in his SALN in 2010.
Lawyers of the chief justice argued this was because the “defective” unit was only turned over to the Corona spouses that year.
Corrections
Corona is facing three articles of impeachment, including betrayal of public trust and culpable violation of the Constitution for failing to truthfully fill out his SALN forms.
Prosecutors claimed Corona did not list down several of his posh properties and some P30 million worth of bank accounts from 2002 until 2010.
They also said he only specified the fair market value of the properties he acquired and not their acquisition cost.
The defense has said that Corona could not be impeached based on missing information in his SALNs since the law provides room for corrections.
It argued that each filing is a continuation of the previous ones, and can still be revised.
The SC, in its past rulings, however, said that errors in SALNs could constitute simple negligence or dishonesty — the latter punishable by dismissal from office. – Rappler.com
JiroArturo says
@kabalyero01
Is Corona going to declare his dollar accounts? Will it be available if somebody will ask for it?
Yvonne says
@JiroArturo
CJ Corona has dollar bank accounts. That is not subject to dispute. Corona’s lawyers even secured a TRO from the Supreme Court to prevent the IC from opening his dollar bank accounts.
The prosecutors should just concentrate on the fact that Corona has dollar bank accounts that he did not declare on his SALN.
It is immaterial and irrelevant whether those dollar bank accounts are opened for examination, or not. Those accounts could very well just have minimum deposits required to open and maintain a doilar account but those amounts are immaterial and irrelevant as well.
The undisputable fact is that Corona has dollar bank accounts that he did not declare on his SALN.. Period.
Yvonne says
It is immaterial and irrelevant whether Corona has one hundred dollars or one hundred million dollars in his accounts. The issue is not the amount of deposits. The issue is his having dollar bank accounts and his failure to declare them in his SALN. It is as simple as that.
The prosecutors should held their ground on this basic legal argument and not let the defense misdirect the issue into some irrelevant side issues.
JiroArturo says
@Yvonne
Na extend na naman ang TRO. Sa June na yata mag de-decide ang mga walanghiyang SC justices. Kaya hindi rin malalaman ng taong bayan kung magkano ang dollar account ni Corona. Hindi rin siguro ilalagay sa 2011 SALN ang dollar deposit niya. Ano kaya ang mabisang gawin para mawala na ang mga tiwaling government officials? Pabor na ako sa Martial Law ngayon kung yon lang ang mabisang solusyon sa ikakabuti ng bansa natin. Hindi naman siguro katulad ni Marcos si NoyNoy.
Mafe says
@Yvonne
Ngayong kailangan na magdecide sila expeditiously, di nila ginagawa. Sana kasingbilis nila nung pag-isyu ng TRO sa hdo ni gma. di ba? ang inaantay ng SC eh mawalan ng interest ang mga pilipino sa impeachment. an aborted trial may come to their rescue and they would not even have to make a decision. but they’re just inviting scrutiny and ridicule instead. in another light, the delay may mean the SC is not really sold on the idea to deny the TRO. hindi sila solido kay CJ.
Yvonne says
@Mafe,
You got it right. According to a “source” there is a simmering fissure among the insiders at the Supreme Court, and there are some justices even among those appointed by GMA that are considerring spilling the beans on CJ.
The issue about CJ’s dollar bank account is a hot potato at the SC that no justice is really willing to take on, and this forces some justices to do some serious soul-searching.
If there would be a next “People Power” revolt, it might not start at EDSA, but at Padre Faura, to be initiated by the most unlikely people – some justices of the SC, supported by auditors from COA.
The Supreme Court is like a powder keg ready to explode at any moment now. The mess at the SC is taking a heavy toll in the mental and physical health of some justices and auditors from COA.
It is for this reason that some quarters are quietly sending feelers for a possible CJ resignation to give everyone a face-saving exit and to diffuse the potential for chaos and disorder..
Not my words, but according to a “source”..
Elena Lemi says
@Yvonne
If this is true, then why the extension of the TRO for opening the dollar account of the thief? They might feel the hit now but I think the thief wants to slug it out in the impeachment trial. Does this not show that the cohorts of the thief still believe in him? Or is there other pressure from the outside? I mean the camp of pandak.
Yvonne says
@Elena Lemi
They are avoiding to decide on the issue like a plague, Whichever direction the decision goes is going to be unpalatable to many parties involved.
A decision NOT open the dollar bank account will be revolting to the Filipino people.
On the other hand, a decision to OPEN the account will have a facifying effect among the people but it will establish some kind of precedent that some very influential people with similar dollar bank accounts do not want to happen.
So the extension of the TRO is the only viable alternative to buy some time to see if a middle ground can be worked out to give these powerful groups not only a face-saving exit but also to protect their monetary interest (read: dollar bank accounts).
A CJ resignation would effectively end the impeachment trial and would render the TRO moot and academic.
In other words, it’s going to be the status quo, and to some quarters, happy days are here again.
Elena Lemi says
@Yvonne
Then it meant the pressure is coming from everywhere specially officials of gov’t that have dollar accounts. Personally, I don’t want the thief to resign but to be convicted. We had already spent lots of money in the IC. Another thing is I hope there would be no deal with the thief.
Chavydada says
@jiroarturo
Hindi naman puede basta mag declare ng martial law. Dapat ma-justify niya sa congress within a number of days. In marcos’ martial law there’s a reason, kaya lang peke. The assassination attempt kay enrile was faked, and they said there was a communist revolt, kuno.
Alan says
exactly right Yvonne
duquemarino says
@Yvonne, tama ka. Aminado ang kampo ni Corona na may dollar accounts sya (in fact subject pa ito ng TRO) at ito ay nagpapatunay na hindi nga nya nailagay sa kanyang SALN. Kung ang Supreme Court sa ilalim ni Corona ay nagconvict sa isang pangkaraniwang kawani dahil sa hindi nya naisama sa SALN ang kanyang market stall (kung tama ang recollection ko), bakit hindi ang isang chief Justice na dapat ay huwaran sa pagtaguyod ng “rule of law” at makataong pagpataw ng katarungan.
Public office is a public trust, para sa akin Corona has betrayed that public trust at sapat na ang mga ebidensya upang siya ay maconvict. Ayaw naman nya magresign dahil tila nakalimutan na nya ang kahulugan ng “delicadeza”.
Kung ang Pangulo ng Hungary Pal Schmitt ay nagbitiw nito lamang April 2, 2012 dahil lamang sa bintang na “plagiarism” ng mga mamamahayag (Time magazine April 16 issue or this Yahoo link http://news.yahoo.com/hungary-president-resigns-plagiarism-scandal-133353943.html) bakit kaya hindi magawa ng “crowned crown” – Coronado Corona?
Elena Lemi says
@duquemarino
What do you expect from a thief & liar? He will surely try anything to get out of this mess by hook or by crook.
JiroArturo says
@Yvonne
Ang sasabihin lang naman ng defense ay pwede naman i-correct ang SALN ni Corona. Isa pa meron ng TRO para hindi mabuksan ang dollar account. Na postpone na naman hanggang June 2012 kung ili-lift ang TRO. Tapos na by then ang impeachment trial. Naka isa na naman si Corona. Matinik talaga.
Yvonne says
Pwedeng sabihin ng defense yun. Ang problema lang ay kung tatanggapin yun ng taong-bayan, especially knowing that there are ordinary people na naparusahan ng SC dahil sa maling declaration sa SALN.
That would be the most glaring example of injustice kapag nangyari yun. Malamang magkagulo sa Pinas.
At sa palagay mo hindi kaya lalaban ang taong-bayan lalu na yung mga nasa US? CJ may have a strong influence sa Pinas, pero sa US he is just an ordinary person like you and me. Palagay mo hindi kakalkalin ng mga tao ang ari-arian ni Carla at Charina sa Pinas at irereport yun sa US authorities? Eh, nasa official records na ng impeachment proceedings yung mga ari-arian na yun dahil yung defense counsel mismo ang naglabas nun. Baka maungkat din yung kay Miriam. Ang masasabi ko lang, CJ should not under-estimate the capability and will of the people.
Personally, I don’t think it is too late for CJ to consider resigning. I think both the prosecution and the IC would still be amenable to such idea because it will give everybody a graceful exit, and everyone can all proceed with one’s normal day-to-day activities. As a father, CJ should make it his paramount concern to give Carla and Charina the peace and the privacy that they deserve.
I think the Filipino people are, by nature, very forgiving if one chooses to do the right thing.
JiroArturo says
@Yvonne
Ang gusto kong mangyari kay Corona ay ma forfeit niya ang lahat ng pag aari na galing sa masamang paraan. At gusto ko rin na makulong siya kasama si GMA, Mike at Mikey Arroyo. Too late na para mag resign siya.
Yvonne says
@JiroArturo
BTW, the property in Flintridge that you said is fully paid, do you remember what year it was fully paid? Is it in the name of Cesar and Miriam, or was it in the name of their Trust?
duquemarino says
@Yvonne @JiroArturo Ang entry sa SALN ay pwede siguro i-correct kung agad-agad mong napansin na may pagkakamali. Pero kung ang non-entry ng mga assets na dapat ideklara ay patuloy na ginagawa sa maraming taon, para sa akin ito ay deliberate na hindi idinideklara ni Corona.
Remember that the SALN is declared under oath, kung ano ang pinanumpaan mo dapat ay nakatitiyak ka na yun ang tama kahit na ito ay inihanda pa ng ibang tao para sa kanya. At uulitin ko, for the many years that he was filing his SALN Corona did these under oath.
Please go over this article “BIR investigating Corona, family over tax deficiency’ http://newsinfo.inquirer.net/140903/bir-investigating-corona-family-over-tax-deficiency
kontrapilo says
The most possibility that will happen, when things are not right for TJ,, HE WILL JUST disappear, or commit suicide (daw), cremate the body and leave no evidence…but of course it is not the real one…it happened before,,, REMEMBER ? guess who?
kontrapilo says
i do not think pacquiao is serious about his latest pronouncement regarding his new role as a messenger of the word of God. There are other reasons behind all this gimmicks, if I may call it that way. How can he mix serving God and serving the people thru Politics, in politics there is no genuine GOOD , only lesser EVIL, serving God you must be a perfect GOOD, and no shortcuts, with the kind of politics we have here in the Philippines , only politician says he is good, because he gives money, food and everything he can afford to,, If manny would chose to be spiritually good, then he must totally be out in politics, after all he can afford anything he wants now …he can share his fortune to the poor with out going into the evil side of politics…
MahalinAngInangBayan says
Sa tingin ko ay ploy lang ni Pacquiao ang pagiging relihiyoso. Baka balak niyang magtayo ng sariling religious sect in the future para protektahan ang kanyang mga ari-arian at kayamanan dahil ang mga religious organizations ay tax-exempt.
Hindi rin nararapat maging public official si Pacquiao dahil siya ay isang influence peddler. Inamin niya sa interview ni Ted Failon na siya ang namagitan kay Atienza (DENR Secretary during that time) at sa taong nagpatayo ng illegal na resort sa gilid ng bundok sa Boracay. Nasira ang natural beauty ng Boracay dahil tinapyas nila ang malaking bahagi ng bundok para lang maitayo ang structure ng resort. Sinira rin nila ang mga limestone formations para lang malagyan ng view decks na extensions ng malaking gusali sa gilid ng bundok. Pinatag nila at sinemento ang ibabaw at gilid ng mga limestones. May usap-usapan pa nga na isa si Pacquiao sa mga may-ari ng resort na ito. Baka kaya siya bumili ng luxury yatch ay para gamitin sa pagpunta-punta niya sa resort.
Parang ipinagmamalaki pa ni Pacquiao sa interview ni Ted Failon na binibigyan siya ng libreng baril ng taong nagmamay-ari umano ng resort tuwing may boxing bout siya kaya tinulungan niya ito na makakuha ng pahintulot mula kay Atienza. Ayon din sa report ni Ted Failon ay naitayo ang building resort ng walang appropriate building permit.
kontrapilo says
Manny, is a neophyte, you can’t teach an old dog, kahit ano pang mga adviser nag meron si Manny, still his natural instinct will always prevail, Manny is an intelligent fighter as a boxer, that is a GOD given gift that nobody can duplicate , but to be a good politician, singer, gambler ,womanizer, is definitely not of Manny personality,, He is a Joker for that matter, look what he is doing now, he had short change the people of Sarangani when he was elected as their congressman, his attendance is one of the worst. He is bragging that he is giving honors to his countrymen, WHAT HONORS? it was his personal quest for personal glory and the prize money he won in his fight. The only consolations we have, at least he was born Filipino. Think about why did he ran for congressman when the brain he has is good for a boxer only,,, was the crash courses he got was enough to be an effective lawmakers? Now ,he is thinking another doubtful idea , to be a preacher of the word of God in the bible, or he is being used by those religious people for their personal interest ? common people, how many millions in terms of tithing will these people benefited just in case they will be able to convince Manny to become one of them… POOR MANNY, hirap talaga pag kalog na kalog na ang utak mo sa pag bo boxing…
the very dangerous things to happen is when MANNY will be preaching the word of God not in the true content of what has been written but INVENTIONS OF MEN , to gain wealth .