MANILA, Philippines – Administration lawmakers said yesterday that Chief Justice Renato Corona had virtually owned up to committing an impeachable offense when his lawyers admitted to some omissions in his statements of assets, liabilities and net worth (SALNs).
Movement 188, composed of the 188 congressmen who signed the impeachment complaint last year, said the defense lawyers’ new argument that the “non-compliance” by Corona with certain SALN requirements is a virtual admission by them that the prosecution had nailed their client on Article 2.
Article 2 alleges that Corona failed to publicly disclose his SALN, and that the Chief Justice had not been truthful and even concealed certain assets from his annual wealth declarations.
The group noted comments from defense lawyers that Corona’s failure to declare the acquisition costs of his real properties in his SALN is not sufficient to remove him from office.
The group hit the “cavalier attitude” of defense lawyers in dismissing the discrepancy in the chief magistrate’s SALN reports.
“The defense team should not forget that the Supreme Court – even on Corona’s watch – had penalized or dismissed from public service at least six civil servants for relatively minor infractions in their SALN,” the lawmakers said.
“This fresh effort to downplay Mr. Corona’s SALN violations as a non-impeachable offense is a virtual admission by his lawyers that the prosecution has succeeded in nailing him on Article 2 charges that warrant his immediate eviction from the Supreme Court,” they said.
The group said Corona’s repeated failure to divulge the acquisition costs of his properties underlines “a systematic method of undervaluing his real wealth, because the purchase prices of his assets would provide a gauge to determine whether he has enough legal income to fund his property acquisition spree.”
Movement 188 recalled the Supreme Court had justified in its rulings the harsh treatment of SALN violators on the ground that the law requires all civil servants to fill up their SALN reports “as truthfully, as detailed and as accurately as possible.”
Bayan Muna party-list Rep. Neri Colmenares said he was surprised at the damaging admission by defense lawyers.
“This kind of defense may have a fair chance of being found logical except that in Corona’s case, once the real acquisition cost of his assets are disclosed, the amount of his purchases does not match his income and therefore he is presumed to have lied in his SALN. This anomaly cannot be explained as a mere mistake,” Colmenares said.
The effort of the camp of Corona to throw mud at other government officials by showing deficiencies in their SALNs won’t acquit him in his impeachment trial, members of the prosecution claimed yesterday.
“It is the Chief Justice who is on trial, not Cabinet members, senators, congressmen, and other government officials and employees,” Aurora Rep. Juan Edgardo Angara, a prosecution spokesman, said.
He was commenting on the reported plan of Corona’s lawyers to present the SALNs of some senators in the trial to show that omissions in the wealth declaration of all government personnel filed yearly are a normal practice.
Defense lawyers have revealed that like the Chief Justice, Budget Secretary Florencio Abad did not declare the acquisition costs for his properties in his SALN.
Abad admitted he did not indicate such costs but retorted that he is not on trial and he is not an impeachable officer. It is Corona who is on trial, he stressed.
Angara said the effort of defense lawyers to point to the omissions or sins of other bureaucrats is not helping their client.
“On the contrary, it makes the situation worse for the Chief Justice. It is like admitting his sins. It’s like saying, ‘I violated the law and you cannot punish me for it because others violated the law too.’ That’s what they are telling the public,” he said.
Based on testimonies and documents they have presented, prosecutors have shown that Corona did not declare at least three luxurious condominium units in his SALNs for the years during which they were acquired.
These are the P14.5-million, 303-square meter Bellagio Tower One penthouse in Global City, Taguig, acquired in 2009, and the Bonifacio Ridge unit, also in Taguig, and The Columns condo in Makati, acquired in 2004 and 2005, respectively. The three condos were declared only in 2010.
Aside from these assets, the prosecution has shown that Corona had P31 million in bank deposits as of Dec. 31, 2010, in addition to an undetermined amount of dollars in five accounts with Philippine Savings Bank.
Senators, including Senate President Juan Ponce Enrile, who is presiding over Corona’s trial, have urged the camp of the Chief Justice to explain the condominium units and bank accounts that the prosecution has proven to be undeclared in the SALNs of the respondent.
Angara said the Supreme Court (SC) has ruled in at least two cases that government personnel must declare their assets truthfully and accurately.
He said in the case of Flores vs. Montemayor, the SC ruled that the annual filing of SALN “must not be treated as a simple and trivial routine, but as an obligation that is part and parcel of every public servant’s duty to the people.”
Racho case
Angara also cited the case of Nieto Racho, a former internal revenue officer in Cebu City, whose dismissal from office due to dishonesty was upheld by the high court in 2011.
Racho was dismissed for failing to disclose in his SALN his bank accounts containing substantial deposits and to satisfactorily explain the accumulation of his wealth.
Angara said the SC held that non-disclosure of certain assets in a public official’s SALN constituted dishonesty.
He quoted the court’s decision: “Dishonesty is understood to imply the disposition to lie, cheat, deceive, or defraud; untrustworthiness; lack of honesty, probity or integrity in principle; lack of fairness and straightforwardness; disposition to defraud, deceive or betray. It is a malevolent act that puts serious doubt upon one’s ability to perform the duties with integrity and uprightness demanded of a public officer or employee.”
He said the court reminded government workers that “public service demands utmost integrity and discipline.”
The prosecution panel had also opposed the request of the defense panel to summon a Land Registration Authority (LRA) official who reportedly has a list of the 45 properties allegedly owned by Corona.
In a seven-page opposition dated March 15, the prosecution said there is no need to require LRA Administrator Eulalio Diaz III to testify since it never alleged in the impeachment complaint that Corona owned 45 properties.
“It bears emphasis that the purpose of the testimony sought by the requested subpoena is irrelevant, immaterial and impertinent to any and all of the allegations in the impeachment complaint,” the prosecution said.
“An examination of Article 2 of the verified complaint clearly shows that there was no categorical statement alleging that the Respondent Corona owned 45 properties,” it added.
The same article also states that some of Corona’s properties are not included in his SALN, in violation of the anti-graft and corrupt practices act.
The prosecution said the issue should not be discussed anymore since it had already been settled on several occasions before the impeachment court.
“The records of the Senate will show that the prosecution has already clarified the issue and admitted that they (sic) have presented 21 properties of Respondent Corona and not 45 as the titles were already cancelled,” it said.
“Instead of wasting the time of this Honorable Court, respondent (Corona) should present other relevant and material evidence to controvert the evidence already adduced by the prosecution,” it added.
The prosecution said the fact that Corona owns 21 and not 45 properties does not justify his non-inclusion or under declaration of the values of these assets in his SALN. With Jess Diaz, Alexis Romero
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