Prosecution, defense clash on listed assets

Was this the smoking gun?

Prosecution, defense clash on listed assets

By WENDELL VIGILIA and JP LOPEZ

IS this the smoking gun that will nail Chief Justice Renato Corona?

Yes, says the prosecution, based on the documents. Not on your life, says the defense, with allegations based on suspicions and speculations.

The head of Taguig City Registry of Deeds testified yesterday at the impeachment trial of Corona that he and wife Cristina own the controversial 303.5-sq. meter penthouse at the Bellagio condominium at The Fort.

Randy Rutaquio was able to testify on the Coronas’ ownership of the properties despite the attempts oflead defense counsel Serafin Cuevas to block the presentation of evidence on the ground that the allegation under Article II of the Articles of Impeachment was based merely on "suspicion" and "reports."

Article II accuses Corona of culpable violation of the Constitution, betrayal of public trust, and graft and corruption for not disclosing his statement of assets and liabilities and net worth (SALN) as required bythe Constitution.

Under the same article, the complainants also accuse Corona of having accumulated ill-gotten wealth, "acquiring assets of high values and keeping bank accounts with huge deposits, including among others, a 300-sq. meter apartment in The Fort, Taguig City."

Cuevas said, "One cannot be accused of having committed a crime on basis of mere suspicion." He warned the Senate against violating the Constitutionand his client’s right to due process.

Jose Roy III, also part of the defense team, accusedthe prosecution of going on a "fishing expedition" for presenting to the court alleged unsubstantiated claimsof alleged ill-gotten wealth.

"Kung baga gutom ka at wala kang makain, ilagay mo lang ang fishing pole sa tubig. Bahala na kung may mahuli ka," said Roy.

Roy was referring to the claim of the prosecution that Corona’s SALN, which was submitted to the impeachment court Wednesday night, would prove that the chief magistrate illegally amassed wealth since he was appointed to the tribunal in 2002.

Rep. Lorenzo Tañada III, a spokesman of theprosecution panel, said Corona’s camp was trying to suppress evidence.

Rutaquio testified that Corona couple own tower unit 38-B (covered by a condominium certificate title) with three separate 12.5-sq.m. parking slots which are also covered by CCTs.

Another property attributed to Corona is the Spanish Bay Tower, Bonifacio Ridge, acquired on Oct. 14, 2005 for P9.1 million.

The Bellagio condominium was developed by Megaworld, the same developer of the "parcel of land" at McKinley Hill owned by daughter Charina, and which the witness said is covered by a separate transfer of certificate title (TCT) and was acquired onOct. 21, 2008.

"The deed of absolute sale pertains to the so-called Bellagio," Rutaquio told the impeachment court during direct examination of the prosecution panel represented by Cavite Rep. Elpidio Barzaga.

Later, on the questioning of Senator-Judge Franklin Drilon, Rutaquio confirmed that the chief justice is theattorney-in-fact on the TCT of Charina’s lot.

Barzaga manifested that Corona declared theownership of the Taguig properties for the first time in his 2010 SALN, which was among those surrendered to the impeachment court by Supreme Court clerk of court Enriquetta Vidal on Wednesday.

Presiding officer Senate President Juan Ponce Enrile,on Cuevas’ motion, ruled to remove Barzaga’s "comment" from the records.

Cuevas tried to demolish the evidence being presented by the prosecution, saying the court is being made to believe that the documents are in support of Article II of which he said allegations are not based on "ultimate facts" as required by law.

The defense said the prosecution did not make any categorical statement that the evidence was being presented to prove the allegation that Corona acquired ill-gotten wealth, to which Enrile agreed.

Cuevas said complaints have to be based on ultimate facts, and based on personal knowledge that theallegations are true. But the prosecution has been alleging ill-gotten wealth based on reports.

"The basis of the allegation is suspicion," he said.

Enrile agreed with this assessment, saying it would be problematic to argue on "secret bank accounts" and the alleged illegal acquisition of assets. He allowed questions on Corona’s unit at the Bellagio in Taguig City, however. He said Cuevas can object each time ill-gotten wealth is brought up, and then he will ruleon each. He also noted the continuing objection from the defense.

When Enrile asked if the defense was already disputing the ownership of the properties, Cuevas said: "I have not gone that far, your honor… there can be no offer much less reception of evidence because there was no compliance with rules of pleadings."

"No cause of action, no relief can be granted, that is (what the) jurisprudence (dictates), your honor…how can there be valid judgment when basis is suspicion?" he said.

Barzaga disputed the defense claim. He said theaccusation that Corona did not declare some of his properties in his SALN already constitutes ultimate facts.

COMPLIANCE?

Sen. Alan Peter Cayetano asked the prosecution ifthey are still charging Corona with non-disclosure ofhis SALN even after Vidal turned over the documentson Wednesday, the third day of the trial.

"Now that they have seen it (SALN) and now that it has been filed, are they still charging that it has not been disclosed since it must be disclosed in a certain manner?" he said.

Barzaga said the prosecution is not abandoning thecharge of non-disclosure.

"The disclosure of the SALN only on account of an impeachment complaint is not in accordance with thedisclosure provided by the law," he said.

Cayetano said he had doubts on the charges contained in Article II because the prosecution panel stated "reports that some properties are not declared in SALN."

"How did you know (properties were not declared in SALN) when you saw SALN only yesterday?" Cayetano asked Barzaga.

Sen. Francis Escudero asked the prosecution panel to submit a memorandum to clarify their accusations because there are three allegations under Article II.

"Ako po ay nalilito. These are three separate acts. Pagdating po ng botohan, hindi sa hiwa-hiwalay na tanong na ito kami boboto kundi sa Article II lamang. Each article must accuse a singular act," he said.

NOT CORONA’S

Roy said the property on Bonifacio Ridge in Taguig City is inadmissible as evidence because it is not owned by Corona, but by his daughter Ma. Czarina. He said Czarina has her own income.

"The issue now is whether or not this evidence is admissible. As we have been stating since yesterday our objection to the production of evidence is a continuing objection. The complaint does not specifically address these matters. The only allegationhas to do with the filing and disclosure of the SALN.There is no allegation of irregularities or acquisitionof ill-gotten wealth. What the complaint states is there are suspicions, reports. This is insufficient in law to constitute a valid complaint," Roy said.

The defense questioned the inclusion of properties listed under the names of Corona’s wife and children, when they are not the ones charged.

The defense also asked why the prosecution included Corona’s SALNs before he became chief justice in 2010 when the charges filed pertained only to theperiod after he was appointed to his current position.

‘DAMNING EVIDENCE’

Marikina Rep. Romero Federico Quimbo, one of thespokesmen of the prosecution panel, said Corona’s SALN "showed very, very damning evidence" that would put into question the degree of honesty and integrity of Corona.

Quimbo said Corona’s SALN showed that from 1992 to 2002, his net worth averaged only P14 million and went down almost by half, to P7.3 million in 2003. In 2010, Corona’s SALN tripled to almost P23 million, he said.

Quimbo said Corona could have lied in his SALN by failing to declare real properties he has acquired in recent years.

MORE WITNESSES

The second witness for the day, Carlo Alcantara, registrar of deeds in Quezon City, testified on thealleged 23 titles in the names of Corona and his relatives in Quezon City.

Among these are titles to a 62.7-square meter condominium unit worth P2.5 million in One Burgundy Plaza in Katipunan, Quezon City, and a 1,200-sqm lot in La Vista in Quezon City in the name of Corona’s wife.

The La Vista property was sold by Cristina to daughter Carla Castillo.

Another key prosecution witness, Internal Revenue Commissioner Kim Henares, was at the Senate yesterday to present tax documents and certificates ofregistration of properties allegedly owned by Corona.

Henares said she would present Corona’s income tax returns from taxable years 1999 to 2010 as soon asthese are prepared by the BIR.

DRILON VS TATAD

Drilon and former Sen. Francisco Tatad engaged in a brief exchange of harsh words inside the plenary hall.

After the hearing was called to a one-minute break, Tatad accused Drilon of acting like a prosecutor.

Tatad said he approached Drilon and told him he was doing a good job but that he was beginning to sound like a prosecutor.

He said he made the statement as a friend but Drilontook offense.

"What’s your problem? Ipa-disquaify mo ako," Tatad quoted Drilon as telling him.

Drilon refused to discuss the incident with reporters. "Maliit na bagay lang yan. Let’s talk about the impeachment," he said. – With Evangeline de Vera and Jocelyn Montemayor