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Sunday, February 19, 2012

Why not now, Mr. Chief Justice?

As I See It
Why not now, Mr. Chief Justice?
By Neal H. Cruz

Chief Justice Renato Corona’s defense team told the Senate impeachment court that he had promised that he himself will “personally” disclose information on his controversial dollar deposits “in due course.” Ganun pala, why not now and end this hullabaloo on his secret bank deposits? The trouble with “in due course” or, to put it another way, “at the appropriate time,” is that it has no deadline. It could be anytime between now and forever. It could be next year, or 10 years or 100 years from now.

“In due course” is like the temporary restraining order issued by the Supreme Court against the impeachment court which, although “temporary” is nevertheless “indefinite until lifted.” Until lifted, it is like a permanent injunction.

Why wait? Why not give the bank authorization now to disclose his dollar accounts and end all the debates and the suspicions that he is hiding ill-gotten wealth? So they will have time to doctor the records? So he will have time to concoct a story about how he acquired so much dollars? Remember that even if he discloses his dollar deposits “at the appropriate time” and they disclose that he earned them with the sweat of his brow, the people will not believe that. “Na-doctor na,” they will say. So why not disclose them now and prove to the nation that he is as “clean as the morning sun.”

All that the honorable Chief Justice has to do is write a short note authorizing the bank to release information on his dollar deposits to the impeachment court. If he is as clean as a whistle, then that ends it all. The Senate will terminate the proceedings, he remains chief justice, the prosecution will apologize to him for wrongly accusing him, and the people will hail him and probably even erect a monument to him. Don’t you want that, to be loved by your countrymen instead of them being suspicious and distrustful of you?

For while the impeachment trial drags on and his lawyers use every trick in the book and even out of it to prevent the presentation of evidence against him, he loses more and more respect from the people. A justice or judge is no good if the people do not respect him. The people will obey orders from his court only when they respect and have confidence in him.

Does not an innocent man want his trial to be finished quickly?

A guilty man, on the other hand, will try to delay his trial for obvious reasons. Or even stop it, as what the CJ has petitioned his fellow justices in the Supreme Court to do. So which one are you, Chief Justice Corona?

* * *

In a supplementary cry for help to his colleagues repeating his plea for the tribunal to stop his impeachment trial, Corona said the trial has turned into an “inquisition” and that the Senate has “lost the cold neutrality of an impartial judge.” He said some of the senator-judges were helping the prosecution. How? By asking questions to elicit information that the prosecution cannot get from the witnesses.

He named Senators Franklin Drilon, Serge Osmeña, Francis Pangilinan, Alan Peter Cayetano and Teofisto Guingona III as his “inquisitors.” But he did not thank nor even mention Senators Joker Arroyo and Miriam Defensor-Santiago who were always helping the defense. Nor did he thank presiding officer Juan Ponce Enrile who people think frequently decides in favor of the defense.

I have been watching the trial on television every day and I noted that while Arroyo and Santiago were clearly aiding the defense, the supposed “inquisitors” were not unduly helping the prosecution. They asked questions to make clear what the prosecution was not able to elicit from the witnesses. The job of judges is to find out the truth, and they have the right to ask clarificatory questions. How else would they be able to ascertain the truth?

* * *

I don’t believe that cock-and-bull story concocted by the defense that Executive Secretary Paquito Ochoa Jr., acting on orders from President Aquino, has been calling senator-judges to persuade them to vote against obeying the TRO issued by the Supreme Court, and that P100 million has been offered to each senator. In short, they are accusing Malacañang and the senators of bribery, which is an insult not only to the senators and Malacañang but also to Filipinos with common sense. Next, they will say that there is an assassination attempt against CJ Corona himself. What will they think of next?

As I see it, the defense is running out of tricks and the bribery story is a sign of desperation. Because even with all the legal tricks to stop the presentation of evidence against Corona,the truth is slowly coming out. That Corona lied in his statement of assets, liabilities and net worth (SALN), that he has assets that he did not declare, and that he has assets that he undervalued in his SALNs. Also, although the Supreme Court has stopped the impeachment court from issuing subpoenas for Corona’s dollar accounts, it cannot be denied that he, indeed, has dollar accounts. Where did he get all that money which cannot be explained by his legitimate income?

His wife is rich, the defense says. But her income tax returns do not reflect that. In fact, she paid income taxes only once or twice, and they were a pittance, according to the Bureau of Internal Revenue (BIR). Next, they will say that he won in the lotto, but will the records of the Philippine Charity Sweepstakes Office (PCSO) reflect that?

Failing that, they will say that he won in thecasino. But that would make him unfit to remain in the Supreme Court. A justice, especially the Chief Justice, should not bet in the casino.

The noose is slowly tightening.

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