By Lala Ordenes-Cascolan, VERA Files
Chief Justice Renato Corona, impeached for failure to disclose to the public his statement of assets, liabilities and net worth (SALN), among others, has three condominium units and three other real properties in Marikina, Taguig and Quezon City registered to him, his wife Ma. Cristina, and to both of them as co-owners.
Of these, the chief magistrate failed to declare a 631.6-sq. m. lot in Quezon City he bought in 1995; a Marikina property—seven parcels of land covered by seven TCTs—was declared in his 1992 SALN and was no longer mentioned since; and a 113.02-sq. m. condominium in Bonifacio Ridge in Taguig, acquired in 2004, was not declared until 2010. A 62.7-sq. m. condo, acquired by installment in 1997, was declared only in 2003.
The titles to the properties were submitted on Thursday by the registers of deeds of the three cities to the Senate in compliance with the subpoena issued by the chamber, which is sitting as impeachment court and trying Corona on allegations of culpable violation of the Constitution, betrayal of public trust, and graft and corruption.
Three other properties owned by the chief justice’s daughters were also presented in court, two in the name of “Constantino Castillo III, married to Ma. Carla C. Castillo,” and one in the name of Charina Corona
Click here (VERA Files) to read the complete story.
Kayo naman. Di naman daw requirement sa pagiging SC CJ, ang marunong mag mathematics.
Isang pananaw, papaano yan, mayroong ” Gaps ” o butas and SALN ng CJ-Corona !..Nababahiran ang “credibility o transparency niya ” upang ipag-patuloy ang kanyang panana-tili bilang pinuno ng SC-Korte Suprema ?… Ito marahil ang rason,na panay ang pa-dasal niya ( milagro na dapat mangyari, di mahalungkat ang “Gaps” saka, ma-ipanalo ng Defense-Lawyers niya, ang kaso ), at panay ang sangalang ng kanyang “Midas”, hirap na ilabas ang SALN, na katago-tago ( maraming protocols, bago mailabas ni atty Vidal )…Ang scenario dito sa paglilinis sa SC, ay katulad ng “Farm Land”, na di mataniman ng mabuting binhi ng palay, dahil maraming “masasamang damo”o nakaka-lasong mga roots-ugat na kumakain ng magandang Binhi..Natural lamang na ang isang magsasaka, dapat linisin ang kanyang farm, bago siya magtanim, para di masayang ang mga pananim na palay ( bukod sa mga kalamidad na nangyayari )..Sa halimbawang ito, si Pang. PNOY ang magsasaka, at ang mga ” damong-kumakain ng palay, ay ang mga nakatagong mga SALN ng mga nanunungkulan sa gobyerno..dapat lang na linisin ang sakahan, bago siya magtanim, para maka-ani ng mabuti, at marami ang makikinabang sa halip na, “iilan lamang na mga TAO”….hindi naman yata ugaling diktador, ang mag-linis sa ika-bubuhay ng pamilya o ng buong bansa…This is my analysis, sa pagtutuwid ng landas ng Pangulo ng Pilipinas…
“Lawyers are the only persons in whom ignorance of the law is not punished.” ~ Jeremy Bentham
‘yan ang sabi niya.
sa pinas: “Justices are the only persons who want circumvention of the law not punished.”
para sa akin HINDI ito isang kaso ng betrayal og public trust kundi SPREADING the legacy of the CORRUPT.
di ba, goyang PIdal?
Censure instead of removal for Corona?
http://www.abs-cbnnews.com/nation/01/24/12/censure-instead-removal-corona
naletse na nang pumasok itong si sisang lundag!
kailan pa kaya MATITIGIL ang pangungulimbat at pagsisinungaling kung ganyan ang katwiran ng mga mambabatas?
‘yan ang naging bunga ng napakaraming partido pulitikal, eh. kampi kampi kung sino at saan malakas ang pakinabang at hayaan na lang sila sa kanilang walang tigil na pagnanakaw!
#5. Anong censure, luka-luka sya talaga!
Senate President/Presiding Officer: Ayon sa kahilingan ng ating mga kababayan na sumusubaybay sa ating ginagawa ngayon dito sa Mataas na Kapulungan, mula sa araw na ito, iwasang magsasalita ng kuntodo English dito sa impeachment trial. Pwedeng gawing mix-mix, taglish o anumang dialect sa paraang maintindihan ng higit na nakakarami. Hindi naman natin pwedeng isantabi ang mga technical terms na mahirap lagyan ng katumbas sa wikang Pilipino pero ang kagustuhan ng madla ay dapat nating pakinggan. Ok ngarud?
A senator/judge: Ang mga namutawi sa inyong mga labi ay mataman ko pong iiimbak sa sulok ng aking balintataw, sa kaibuturan ng aking puso, gugunam gunamin, aariing salik ng aba at payak kong kabatiran. Tatalikdan ang matayog at masalimuot na wika na nanggaling sa kaibayong dagat na inihasik dito ng mga palalong banyaga. Manapay kakalingain, bibigkasin at sakdal timyas kong sasambitin ng buong giting at walang pagmamaliw ang wikang aking kinagisnan.
joe, lalong hindi naintindihan. Mas epektibo kung wikang Ellenville ang gagamitin, hehehe!
Ayun naman pala, gusto ni Miriam na ilabas ng BIR ang tax returns ni Corona. Sige, pagpapasyensayahan ko na muna sya. 🙂
Ang mga prosekusyon team ay mga engot at laging hindi “HANDA” sa mga kailangan. Kailangan pa nila ng tulong sa mga Senator Judges.
Handa lang sila at magaling mag bunganga sa media. Nakaka inis at baka makaligtas pa si SC Thief dito sa kanilang pinag gagawa sa korte. Hindi yata nag Boys scout ang mga ito noon at hindi laging handa eh.
Grabbed from a commenter in a newspaper:
Corona’s ITRs are the most relevant evidence in connection with the SALN. In financial matters, reconciliation of the ITR against his SALN must be done, just like an accountant reconciles bank statements against the general ledger, the sub-ledger against the general ledger and in inter company accounts, the branch books against the main office books of that branch. The reconciliation will reveal discrepancies on how the two financial documents were prepared, ITR being the true and most detailed filings while the SALN numbers can be massaged to show arbitrary numbers. If there are major discrepancies between the two filings, the conclusion is that Corona is filing false information when it comes to his financial affairs and can be charged with perjury, plain and simple.
Is everybody in agreement that if the ITR and the SALN are not the same, we then conclude that on the basis of Article 2 (failure for disclosure and not merely filing of SALN as the lawyers of CJ has been leading us to) is guilty.
Tama?
#12. Corona himself penned the decision in 2003 that the Marcos wealth stashed in Swiss banks were ill-gotten and had to be returned to the Philippine government. He arrived at that decision by comparing the Marcoses ITRs and SALNs.
Obvious na ba? Kahit klarong klaro na malabo pa rin, itong proceso na binabandera ng iilan parang ang mga mayayaman lang yata ang nakikinabang? Hmmmm, kung mahirap yan na nagnakaw lang ng isang sakong bigas sigurado kulong na yan?
Talaga naman ang rule of law, tama yata si Erap dati nung sinabi niyang “hoodlums in robes?”
#13 didn’t get a chance to research that, but if what you is accurate and then that would would have been the best closing argument for this article if i was Tupas et al.
that the spirit of disclosing the SALN is to prove no ill-gotten wealth and since it was Corona who concluded a mismatch of the ITR and the SALN already indicates ill-gotten wealth.
kudos at salamat
the way this impeachment progresses, IPUPUSTA ko nang pitpitan ng bayag si topacio, WALANG mangyayari KUNDI maa-acquit si corona.
bakit?
ginugulo ng mga dalubhasa at henyo sa batas at sa halip na ang kapakanan at sentimyento ng taong bayan ang isaalang alang ay KINIKILINGAN pa’t ipinagtatanggol itong si corona ng mga abogadong alam naman kung ano ang mali KUNG bakit pinipilit nilang ilihis ang katotohanan.
ayan nga, kapapasok pa lamang ni brenda, ano ang ini-e-EPAL?
Sa nailabas kanina, walang ITR si Corona ng 2002 to 2005. Noong 2006, ang sweldo nya ay P465,000+ na naging P657,000+ ng 2010. Mahirap makabili ng P10M condominium kung ganyan lang ang sahod.
#17. A difference of P192,000 lang, baka hindi pa tanggapin na downpayment yan sa isang one bd condo, e tatlo pa ang nakalista sa itaas. Di rin papasa kung si Cristina ang bumili ng condos kahit lahat ng posisyon sa Camp Hohn Hay ay kanya pa. Kulang pa rin sa bilyunes na halaga ng kanilang tatlong nakalistang condos. Wala pa dyan ang mga properties na naka-pangalan sa mga anak.
No wonder ang defense panel will delay the proceedings to no end to not allow the presentation of Corona’s tax returns.
Dioskoday! Wala bang matulis na legal adviser ang prosecution?
I sympathize with the Prosecution Panel. They’re doing their best but their best just isn’t enough because of their inexperience at actual law practice.
And pitted against Cuevas et al, they look like amateurs. But that’s just it. They are inexperienced but they are Davids trying to fight the Goliaths.
And they should be supported and cheered on and not made fun of.
Miriam and Enrile should not lose patience with their inexperience. Treating the prosecutors as they do only exposes the bloated egos of these two senators. These two are always trumpeting and waving their experience and expertise in the procedures and techniques of courtroom battles. It’s getting nauseating. They should show more patience and humility.
Anyway the prosecution succeeded in entering the SALNs and the ITR/Alpha list data of Corona wife. That was good enough for the moment.
Senator Recto should be commended for bringing this about when Enrile started needling and cutting off the prosecutor Art Lim’s presentation of BIR head Kim Henares yesterday.
oops, that’s…
“Anyway the prosecution succeeded in entering the SALNs and the ITR/Alpha list data of Corona and his wife.”
The other senators should counter and balance the overwhelming histrionics of The Imbalanced One and the razzle dazzle tactics of the defense’s Cuevas.
They should also balance the tendency of the onion-skinned Presiding Judge who got so easily piqued by a simple request from the Prosecution to be more liberal.. and who now tends to instead be more strict with them..and now clamps down on the prosecutors.
But the ultimate watchdog of this trial is still the public.
The public, in fact, is also the final watchdog of the penultimate watchdog which is the media.
I could not understand yesterday why the Presiding Judge Enrile was refusing to have BIR’s Kim Henares give evidence and clarifications on the ITR’s of Corona and wife. Common sense lang. Compare the SALN data with the Corona Income data and one can easily compute any discrepancies. It’s basic accounting and arithmetic. And that was what the defense pande was so scared of.
Thankfully Senator Recto stepped in, proceeded to directly ask Henares the needed questions.. and voila.. Enrile calmed down.. and allowed the prosecutor Arthur Lim to carry on with his questioning without anymore needling and interruptions.
Hala, Lapid’s wife arrested sa Vegas for bringing in $50K. Allowed amount to bring in is only $$10k.
So ano yan, abstain?
Lapid’s wife arrested in US for smuggling $50,000
http://www.philstar.com/Article.aspx?publicationSubCategoryId=63&articleId=771337
Ano nga kaya masasabi ngayon nitong si Ben Tumbling?
Is he still capable to be one of the senator-judges trying the Crown of Thorns?
#21. The Imbalanced One. Bwahahahaha!
Baka takot si Enrile kay Cuevas kaya super trying hard to appear balanced, hehehe.
Oh well, the wifey is as idjiit as the hubby. So Cuevas will demand Lapid’s inhibition from the impeachment kasi pareho lang siyang kawatan ni Corona.
‘Mrs. Corona used as dummy to buy P11M property?’
MANILA, Philippines- Lawyer Vicky Aveña questioned Thursday Cristina Corona’s purchase of an P11 million property in La Vista subdivision after failing to file her yearly income tax return.
“On its face, there is no explanation as to where she got the money to buy because if that money was hers, the question is why did she not report it for purposes of taxation? On the other hand, if it wasn’t hers, she was acting as a dummy,” she said. – http://www.abs-cbnnews.com/video/nation/01/26/12/did-corona-use-wife-dummy-buy-p11m-property
Miriam and Lim…
___
“Do not engage me in a colloquy… How dare you raise questions to my authority? Be careful because I might request my colleagues to inhibit you and disqualify you from appearing here,” she told Lim.
“You cannot heckle me. I am the judge. I preside here,” she added.
She told Lim she was tired of hearing his voice and even asked how long he has been practicing law.
Lim answered: “42 years.”
Santiago then asked the private prosecutor if it is true that he specialized in maritime law. He answered: “In everything.”
“What an impertinent answer,” she remarked.
__
Hahahahaha! More Fun at http://www.abs-cbnnews.com/video/nation/01/26/12/miriam-again-scolds-private-prosecutor
More gaps….
—
1. “…ang anak pala ni Justice Corona na si Maria Carla Corona Castillo ang bumili sa nanay nila ng ari-ariang nagkakahalaga ng P18 milyon.
Dito na rin napag-alaman na wala pa palang P9,000 ang kita ng anak ng Chief Justice noong 2009, pero pagdating ng 2010 ay milyun-milyong pisong halaga ng ari-arian ang nabili niya.”
2. “….ang pagbili ng isa pang anak ni Chief Justice Corona na si Charina ng lote sa McKinley Hill Subdivision sa Taguig.
Pero ayon sa records ng BIR, wala namang nai-file na income tax return si Charina Corona maliban sa one time tax payment sa loteng nabili niya.” – http://www.abs-cbnnews.com/video/nation/01/26/12/cj-kids-bought-properties-despite-little-income
Si Inday Miriam!!! Baka mag reconsider ang International Court na kunin ka sa mga pingagagawa mo.
A judge must be firm and stern but he/she must not be arrogant and disrespectful.
Kung pwede lang sanang bastusin ni Lim si Miriam, sabihin nya na 3rd place sya sa Bar examination at tanungin nya kung ano ang grade ni Miriam sa Bar examinations, siguradong tatahimik si Inday Miriam at 78% si Inday.
Charina Corona is “reported” (with apologies to Niel Tupas) to be a physical therapist in the US.
The wife of a lawyer friend is a practising (not an employee) physical therapist. She grosses about a half million US dollars a year. With salaries and rent, she probably nets about 300,000. That is the equivalent of 12 million pesos.
Question is, how much is the PT daughter of Corona earning? She may, or may not be the financier of the other daughter.
Just because you did not earn it does not mean it is ill-gotten. Remember J Paul Getty III never earned a single cent in his life.
The presumption provided by RA 3019, may still be rebutted by competent evidence. The comparison of the ITRs and SALNs is not conclusive.
Even if any donation or loan is not stated in the SALN, evidence of such may still be admitted.
What a difference a phrase makes.
What is the difference between “unexplained wealth” and “ill-gotten wealth”? A lot, if you read RA 3019 and RA 7080.
Unexplained wealth is defined as:
So unexplained wealth, as stated in the above-cited case of Simplicio Berdon, enjoys a legal presumption. The burden shifts to the Defendant, to prove that he acquired the property legally.
But “ill-gotten wealth” is defined as follows>
There is no presumption here. By definition, “ill-gotten wealth” is by the means with which it has been acquired, such as:
1) Misappropriating public funds
2) Receiving a commission or kickback
3) Illegal or fraudulent conversion of assets belonging to the National government
etc.
The prosecution has to prove that property was acquired by the means stated in the definition.
Article 2.4 of the Articles of Impeachment states:
Diyos ko po. Pinahirapan mo naman ang sarili mo Niel Tupas. Had you stated “accumulating unexplained wealth” home free ka na. But now, you need evidence to prove the means of acquisition stated in RA 7080.
Sorry. I meant “ill-gotten wealth” is deifned by the means with which is has been acquired.
Sax, good point. (i submit your honor hehe)
Baka naman kasi sa mindset ng prosecution, there is no question the money used to purchase was illegal thus ill-gotten.
Kung unexplained lang kasi, Corona would have the opportunity to “correct.”
Wala pa namang evidence submitted diba?
Sa isang pananaw lamang..Unang araw pa lamang,although maganda ang layunin ng “Mga Prosecutors”, para sa Taong Bayang kanilang pinag-lilingkuran,may layunin ding silang-sumikat-mag-pasiklab yata ( grandstanding, para maging Senador-ginamit ni Cayetano noon sa Impeachment ki GMA,.e.g..)..Di ko nagustuhan ang linguahe nila-sarcastic-wordings-kulang sa paggalang sa mga beteranong-dalubhasa sa mga Batas..dapat simple-humble-madiin at malinaw ang presentasyon nila…Sila din ang nag-pagulo, sa malinaw na pag-akusa, at layunin ng SALN..Kaya marami tuloy ang na-inis kaysa panigan sila…pati tuloy si Senadora Defensor ay na-High Blood, at nalalagay sa alanganin din si Sen Drilon, iba pa..Sobra ang “words-bunga-nga ni Tupas”, kulang sa Laman ang kanyang mga sinasabi…Mas okay pa yata si Angara o Quimbo, na mag-lead bilang taga-usig…”refracted” or nawawala sa Focus ( si Tupas), kapag, beteranong mambabatas na ang nag-cross examination sa kanya…Anyway, ano man ang kahihinatnan ng Impeachment Case na ito, dapat nating igalang, para na din sa kabutihan ng Bansa, at mamamayang Pilipino, at sa susunod na Henerasyon. Magsisilbing aral-History ang pag-lilinis na ito sa tatlong (3) sangay ng Gobyerno…GOD Bless the Impeachment-na-Paglilitis..
Kung ganito naman ang i aasal ni Miriam at ma hi high blood agad siya ay di siya dapat mapunta sa IC or International Court.
Mas hamak na magagaling ang mga abogago doon at wala rin galang sa mga judges. Ano na lang ang sasabihin ng ibang bansa kung naka upo na si Miriam S. at sa unang kaso na i judges niya ay maiinis agad at high blood sabay ba uuwian niya ang kaso.
Mag isip rin si Miriam dahil mali rin ang asal niya.
Baka sabihin niya sa akusado na mag suntukan or mag barilan na lang sila. Naku po.. SIRADORA na
It looks like Tupas fell into Cuevas’ trap of steering the proceedings to the realm of the trial lawyer which the defense seem to be more savvy. He needs to be more assertive and quit looking like the lost boy in the woods if he is to slay these dragons.
He needs to define his position properly, with authority and slap it in the faces of these lawyers who seemed to have forgotten they are paid for a service only and they do not make the rules.
Lawyers exist because we pay them, its not the other way around, without paying clients, even notary publics, will starve. Shake Cuevas off his high horse!
They do not even produce a product, they derive their income from what? air! yes, they thrive on conflict and confusion, if there is none, they create one, if that doesn’t work, they create doubt. pathetic.
Lawyers are like trained dobermans or attack dogs, the only difference is you can ask them “can we win this?” and they can answer back with what they need to do so, more often more money.
Sobra namang ginagawang korte ni Cuevas, Miriam at Enrile ang impeachment. Ano yan, payabangan kung sinong pinakamagaling na trial lawyer e hindi maintindihan ng ordinaryong tao kung ano ang nangyayari.
People’s court dapat yan, di ba? At ang kapinuyan ang may huling say via the senadores na kanilang ibinoto. Bakit itong si Miriam at Enrile ay pinahihirapan ng husto ang pagprisinta ng mga evidence samantalang pinababayaan nilang magyabang at mamayagpag si Serafin Cuevas. Nakakainis a!
what is the point of all of this???? eh 98% naman ng politician nagnanakaw, tumataas ang asset pag nasa position, so am i missing anything? other developments -wife of senator smuggling dollars, presidential adviser caught with guns and buying pirated dvd, and yet nasa puwesto ba, so isnt marcos era better ???
And this Joker fellow. He who has said “lkung bad ka, lagot ka”.
He is a rather tragic-comic character. Whenever he rises to say or ask something, akala mo kung ano kabigat ang sasabihin.
He rises, a grim somber looking figure seemingly with the weight of the world’s problems on his hunched shoulder. He hobbles to the rostrum. He pauses. He heaves with heavy breath, scans the crowd, scans the surface of the rostrum and starts to murmur unintelligible inaudible monotones.
Kaya pala.. He just wants BIR to take it easy on Corona at this time when he is undergoing trial. Duhh…Hmmm He cares that much for Corona.
Student counsel government of your special child at pekeng presidente is in full display.
Ganyan talaga ang mga talunan ay napipikon na…..hahahhaha
Parang grade school student lang si Tupas. Ilagay ninyo si Noynoy imbes na si Tupas baka biglang manalo kayo, ay nakalimutan ko kailangan nga pala ng tulong ng smartmatic para manalo kayo.
Ang taong bayan ay natuto ng leksyon sa ginawa ng mga yellow liars at yellow liar-stream media noong panahon ni Estrada. Dapat sa mga corrupt na yellow ay gumawa naman sila ng bagong strategy dahil lumang tugtugin na yang strategy ninyo kaya kayang kayang basahin sila/kayo ng madlang pipol.
Ang isa pang napalaking dahilan kung bakit hindi madaya ng mga yellow liars ang madlang pipol ay dahil sa TRIBUNE. Noong panahon ni Estrada ay wala pa ata ang Tribune noon o nag uumpisa pa lang kaya di pa kilala. Kontrol lahat ng yellow liar-stream media ang news noon. Pero ngayon ay may Tribune na inilalabas ang katotohanan. Thank God there is TRIBUNE.
Bottomline, we need to know if Corona is still worthy of his post.
Just let the jokers present the allegations, the documents, etc, and allow Corona to answer them, then evaluate. He must be the one working to clear his name, not the people, its like the agrieved has to convince everybody that he is agrieved and the perp is calling the shots?
This is not a court of law, Corona is presumed unqualified/ unworthy of his post unless he proves otherwise. To whom much is given, much is required, isn’t that always the case when we get audited for budgets, expenses? The auditor treats us like we’re guilty already unless we justfy each and every expense to her satisfaction?
This is just one big audit, o baka hindi sanay maaudit itong si Corona?
tribune? may circulation pa ba yun? ni wala atang ads na nagtitiyaga dun? cheap na tabloid 🙂
Dapat yata, “tribune, oh my god!”
% 40
Enrile is using the Rules of Evidence, because the Senate rules say so. And according to Enrile, those rules have been time tested in all jurisdictions.
In UP, we have a student disciplinary tribuanl (SDT),kung saan on trial ang errant student – nangongokopya, or nag-rumble na fratman. The counsels appearing were either young lawyers, or law students. And they relished crossing blades on procedural law. Instead of complaining against the strict application of rules, they welcomed it. Note, estduyante pa lang yan. I appeared a few times. Nakatagisan ko ang kapatid ni former Senator Vic Ziga in one.
With the vast resources of the House, they could easily get good lawyers. But the nincompoops would rather hug the limelight than win their case.
They have a veteran among them – Sergio Apostol. Yes, Mr. Wetness. He is a veteran fiscal/prosecutor. He could have been ordered by the House to present, even if he is against Noy. Nandiyan din si Raul Daza; older than Cuevas, I believe.
In basketball, or any team sports, when your player is not doing well, you do not ask for a substitute referee. You substitute the player.
The impeachment is a trial. Whether you call it people’s court, or whatever, some procedure must be followed. Even Judge Judy observes the Rules of Evidence.
This is a trial, so the House panel should be seasoned trial lawyers, like Cuevas. Kung hinamon ko si Pacquiao ng suntukan, hindi ako dapat magreklamo na higit ang ekspirensya niya kaysa sa akin. Ang dapat kong gawin ay mag-ensayo, or if not, magsumbong sa barkada kong boksingero.
Timeout Belmonte. Player sub for the House.
Ipaliwanag natin yang testimony ni Henares, at yung argumento whether she is an ordinary witness, or expert witness.
An ordinary witness testifies as to the facts which he has observed, or perceived. For example, in a murder case:
Witness: Nakita ko pong sinaksak ni xyz si abc.
Or in an inheritance case:
Witness: Katulong po ako ni Lolo, nakita ko pong pinirmahan ni Lolo yang will na yan, bago siya mamatay; at sabi niyang, walang mana si Kuya.
An ordinary witness cannot give an opinion.
An expert witness, on the other hand, can only give an opinion. He or she did not observe the facts. For example:
Witness: I am a ballistics expert, and I examined the bullet from the crime scene, and a bullet fired from the gun found in the possession of the accused. The bullets have the same markings. I, therefore, conclude that the bullet found at the crime scene was fired from the gun of the accused.
Why was there much ado about whether Henares was being presented as an ordinary witness or expert witness?
Because the House panel wanted to elicit opinions from her, and yet, at the same time, they wanted her to attest to the veracity of the ITRs; that they are genuine, and copies of the same docs filed at the BIR.
Now can Henares serve as an expert witness? To opine on what? That Corona was lying when he prepared his SALN and ITR, considering that they allegedly do not match?
No.
Why not? Because that is a conclusion which only the Court can make. And as Enrile said, the best evidence is the document itself. The court need not ask for Henares’ conclusion, which she will only arrive at by reading the docs. The court can do that itself; read the docs, and make their own conclusions.
When a document is presented, it speaks for itself. Its contents are derived by reading it, not by asking someone to render an opinion on it. That is true, whether you are reading a contract, a SALN or an ITR.
Kaya tama si Cuevas, waste of time yang presentation kay Henares. That is why he said, okay we will admit that the docs are genuine. Now stop interviewing her, because conclusions based on the ITR will be made by the court, not the witness.
In fact, as Cuevas pointed out, even a custodian could have testified. But of course, mas may shock effect yung tinawag ang BIR Commissioner.
Thanks, atty sax. Ganun pala yan kadakdak/delaying procedures. Agree na ako kay Ping when he said hindi sya nagtataka kung bakit may mga NPA at an eye for eye approach to settle differences than go and ask justice from the ‘court’.
Oo nga naman, yung anak ni Corona, if she is a physical therapist in the US can very well buy the 18 million if she worked for 10 years now in the US.
I just do not like how Miriam berates the counsel. Medyo mayabang ang dating. Yan tuloy na-high blood. She can always make her point by talking slowly and respectfully. Buti pa yung style ni Cuevas, patawa-tawa lang but effective. I hope Brenda will not be acting that way in the international court baka tanggalin siya 1st day pa lang.
Working abroad does indeed make it possible for you to earn bigger. But that’s automatic.
The question really is galing ba talaga sa pagtatrabaho or sweldo ng anak sa trabaho sa US?
If yes, where is the money trail? meaning the children should be remitting money or have a US bank transaction (check, etc) to show proof the kid paid for the item.
Keep in mind when you send huge amount of money both outside the US and towards the PH ng isang bagsakan, the amount would trigger some alerts. Kung pakunti, kunti lang yung remittance (Say $1k a month), then it goes off the radar.
Either case, may paper trail.
So the question again is — saan nangaling yung 18M to pay for daddy and mommy house? Underlining question kasi is baka front lang yung nagtatrabaho sa Amerika whereinfact the parents are just using the kids name.
One reminder, di porke you earn $ it means you are rich agad – you do have living cost to consider. Mataas ang living cost sa US. So $ earner ka nga pero gastos mo $ din, and you pay taxes too. So maybe the BIR can ask from the US the W2 to validate that the amount came from the children’s legitimate earnings.
Sa akin lang, its enough to find out how the children paid for the 18M, if its from a check, then makikita kung anong bank account. Papertrail yan.
Yes its sounding like a fishing expedition pero with the defense always complaining relevance, then ano pa ba pede ipakita?
Let’s not fool ourselves. Filipino corrupt officials do this. They use their children to hide the moeny they siphoned from the kaban ng bayan. Example lang si Garcia (nahuli yung pera sa mga anak).
Another question, Filipino citizens pa ba yung mga anak? Kasi if they have been in the US that long and did become Citizens (not residents) then they void their Filipino citizenship (which discredits them from owning property) not unless they then availed dual citizenship.
The problem with all these case is simple, the defense is hiding under technicality. Kung walang tinatago, then nothing to deny. I respect their right to protect their client’s interest pero they have to keep in mind their client said he wanted to be transparent and proved to everybody he has nothing to hide. His legal tactic however shows he is hiding things.
If Miriam acts the same way when she does to the ICC, then nakakahiya.
Sometime to be magnanimous, you don’t have to state the fact that you are better, bigger, or superior.
In short, si Miriam, insecure.
———
I also Enrile has been fair to both parties. He has not favored either side.
Si Cuevas naman style Titong Mendoza. Pagalingan sa paglusot sa batas, well abogado nga sya naman ng nasasakdal.
Sana makatikim din si Cuevas na sagot tulad ng paginom ng ice-tea.
chijap,
#54:
I agree that Enrile has been fair in general.
In fact, he was doing ok until the Imbalanced, Unstable Shrieking Meemee came into the picture and started barking orders like she w as the Presiding Judge.. Making Enrile look and probably feel insecure. Thus, Enrile’s big change.. From liberal to strict adherence of court rules.
I really feel for the Prosecution lawyers. Miriam has been treating them disrespectfully. She is nothing but trouble. She is one big puffed-up ego like her hairdo. Yes, a very insecure woman.
She speaks at cross purposes with her own self. On the first day she argues that the court should be more liberal. Then she turns around and berates the prosecution for not following rules and arguing in a manner she dislikes.
She has a chink in her armor though. She goes crazy when somebody talks to her with authority like prosecutor Arthur Lim. She stutters and gets nervous and her blood pressure shoots up. She goes wild. And she skips out of the room sick or brain damaged.
Well, good for the prosecution.
The Screaming Meemee treated BIR head with disrespect, too. She realized it later probably because she was seen talking to Henares during a break apparently trying to make amends. You don’t antagonize the BIR head, Miriam. She can dig your financial skeletons in your closet. Miriam realized this after losing her head during that session.
hehe. like i said, insecure lang si Miriam.
It would really be shameful to tell the international community that our representative, the best we can offer, is Miriam.
Prosecution will have 100 witnesses for the trial. Oh, my God, says Enrile.
Eh yun ang gusto ni Cuevas eh.
Quantum of evidence daw. Evidence must be so heavy that the guilt must be beyond reasonable doubt. So ayun.. 100 witnesses.
I wish Cuevas all the luck and good health. No joke cross examining 100 witnesses. But if Cuevas cross examines witnesses like how he did with Kim Henares, Corona’s ass is cooked.
Only relevant evidence is admitted in any trial. So one cannot introduce, say child molestation by Pidal, if the charge is plunder; to use an extreme example.
The answer of the prosecution to the objection of relevance is to show the relevance of what they are presenting, not ask for liberality.
I do not watch the proceedings live. But I presume that the relevance issue has to do with other properties not included in the SALN, but allegedly owned by Corona’s children. The ownership of the children is not in issue.
Of course, the prosecution will say but the children are mere dummies. Well, will you introduce evidence to prove that?
The problem with the prosecution is they are working on the assumption that the discrepancy between the SALN and the ITR is sufficient basis to prove the case for removal. They are banking on Section 8 of RA 3019 which says:
That section ostensibly says that if a comparison of the SALN and the ITR yields the conclusion that the property is manifestly disproportionate to the income, then the official is removed. This applies to one proceeded against under the Civil Service Rules.
The only difference between a regular public official and a justice, is who decides the dismissal or removal. So if the law mandates a dismissal for a lowly official, it should also mandate a removal of a justice. Tama di ba?
But
The first sentence of the Section seems to have been glossed over by Tupas et al. (Harbinger of incompetence ba yang first two syllables na yan? (Tupas, and earlier, Topacio.)
The first sentence says, If, in accordance with RA 1379, a public official has been found…..
RA 1379 is the law on forfeiture. Who makes the findings? The court, which will order a forfeiture, after making a finding of manifest disproportion of the SALN and ITR. Yan ang kaso ni Simplico Berdon, I cited earlier. There is also a case penned by Corona himself, regarding Marcos’ property, where he compared the SALN and the ITR, cited by Raissa Robles, found below:
lawphil.net/judjuris/juri2003/jul2003/gr_152154_2003.html
Lagyan ng tatlong w.
Kaya may dismissal, because a regular court has already made the necessary findings.
Can the impeachment court make the same findings based on manifest disproportion? No. RA 3019, on which Article 2 is anchored, states a regular court must first conduct proceedings under RA 1379.
But only the impeachment court can decide removals di ba? True. But the issue of whether wealth is disproportionate to salary or not is to be determined by the regular court, in a forfeiture proceeding under RA 1379.
After a finding of forfeiture, the Civil Service (in the case of a regular public official), and the impeachment court, in the case of a justice, may employ the findings of the forfeiture court to determine dismissal, or removal.
The process of evaluating the SALN vis-a-vis the ITR, as basis to make a judicial conclusion, is only available in a forfeiture proceeding. For other cases, the prosecution must prove that the means to acquire the wealth was illegal. That is where RA 7080 and EO 1 of Cory come in, because their definition of “ill-gotten” wealth includes the method of acquisition.
Miriam is the numero uno grandstander in the senate. What a pity since she can be brilliant. She is really damaged and insecure.
Lawyers have their own idea of arguing things according to their orientation and knowledge in criminal prosecution. Of course this impeachment trial is not a criminal prosecution so lawyers ideas has no bearing and irrelevant on this.
The senators/jurors have a simple case in their hands in this trial. It’s JUST as simple as answering questions that require an answer whether they’re true or false. Yes, TRUE or FALSE.
Acquitting Corona is good for the country? True or False
Corona did not violate the constitution in his SALN declaration? True or False
Corona as Chief Justice is an honest man therefore he did not commit any betrayal of public trust? True or False
Corona is an honest Chief Justice therefore he did not indulge in graft and corruption while a Chief Justice? True or False
Corona has the interest of the country in his decision on various cases and never a protector of his benefactor GMA? True or False
So on and so forth.
Lawyer talk is irrelevant in this trial. Irrelevant.
Let’s remember that only one true answer is required for the senators/jurors to kick the Chief Justice out of the Supreme Court. And it will come to pass whatever lawyerly rants we will be hearing, :).
Or one false answer for that matter.
#62,63. Thanks Robert, that’s easier for me to understand as I have no legal background at all. Isa ako sa mga pinoys na pagdating sa lawyering ay ‘irrelevant’ din. 🙂
The prosecution putting a 100 witnesses is not the best approach. Quality will always triumph over Quantity.
People (including the Senators) want to be able to make a decision na, not another long road to getting .
They should remember the Filipino’s biggest weakness(and for some weird reason our strength as well) our short attention span. Makalimutin. Mapangawa. Madaling magpatawad.
They will not win this if they prolong the case.
There are a couple of Art of War passage the prosecution should review to put the situation in their disadvantage.
To begin with, Cuevas’ game plan seems predicatable. I would start using that to the Defense’s disadvantage.
100 witnesses? Kulang pa sa gapang.
Dribble ka muna Niel Tupas, until the two-thirds vote is wrapped up.
Raissa Robles wants to know what fact or data do the prosecutors want from her. That means they did not have the evidence before the Articles were filed in the Senate.
Shoot first before you aim. Or shoot and move the target until it gets hit.
Yung ganyan katagal na nagkakalat hindi tatagal kay Pat Riley. Sub agad yan.
Robert, re your #62:
Common sense is so refreshing. i hope the senators take your advice.
What is at stake in the Corona impeachment trial is Judicial Independence, “a pre-requsite to the Rule of Law and a fundamental guarantee of a fair trial“.*
Well, that is as far as Mr. Renato Corona is concerned. He thinks that if convicted, it will be the Death of Judicial Independence.
But, how does Mr. Renato Corona regard Judicial Independence?
In the discovery of Mr. Renato Corona’s SALN, which incidentally he did not publicly disclose as he was hiding behind an exemptive Supreme Court Resolution and which the defense will likewise use as evidence in the impeachment trial, we note that he declared that his wife, Ma. Cristina, was working in a GOCC under the Office of the President — a position in the Executive branch of government.
This declaration was as early as 2007 when he was already an Associate Justice of the Supreme Court — a position in the Judicial branch.
At that time, Mr. Renato Corona did not see a conflict of interest. He was perhaps thinking that it is not public knowledge anyway.
However, in 2010, as he was being “groomed” for the highest post in the Judiciary, Mr. Renato Corona suddenly had the propriety to ask his wife to give up her Executive post.
Of course, then, he was being challenged with the question of independence considering Mr. Renato Corona’s wife was already broadcast to have been repeatedly (persistently?) nominated by gloria macapagal-arroyo to her John Hay Management Corporation positions.
Now, what about Mr. Renato Corona’s independence and propriety in the early years of his wife’s stint in an Executive post under the Office of the President?
Was not the year 2007 already the Death of Judicial Independence for him???
No less than the Supreme Court acknowledged this standard on Judicial Independence:
The political questions exist: Will the much-publicized and embraced label “CoronArroyo” that had stuck Mr. Renato Corona’s name like glue pass muster as having NO APPEARANCE of Judicial Independence? Must he continue on the role of Chief Justice with public perception of being beholden to the one who wielded enormous Executive power in the past?
Please remember that suspicion alone will already violate the Canons stipulated in The New Code of Judicial Conduct for the Philippine Judiciary. Much more if this is true as in the case of Mr. Renato Corona.
—–
*Canon 1, The New Code of Judicial Conduct for the Philippine Judiciary, 2004
It truly is amazing how the Arroyos do it. How they control and manipulate people such that people like Corona will expose himself and his family to such public scrutiny, ridicule and humiliation.
I guess their bag of tricks includes threats and coercion, bribery, friendly persuasion, etc..
I hope to see the day when a journalist would expose these tactics of the Arroyos. They’re good. Really good at it.
sintimyento pa rin ng MAS nakararaming Pinoy ang dapat mangibabaw. isipin na lang ng mga senador ‘yung SIYAM at kalahating taong panlolokong ginawa ng pamilya arroyo sa pagkunsinti ng mga katulad nitong si corona ay sapat na upang magkaroon sila ng MAS tumpak na desisyong TULUYANG lilinis sa mala-imburnal na bahong haligi ng batas.
I super like your comment #62, bay!
May demanda ba ang John Hay that is already at the Supreme Court? That is the only time that there will be a conflict of interest. And that can be resolved by Corona inhibiting himself with respect to the John Hay case. Mayroon bang demanda ang John Hay na hindi nag-inhibit si Corona?
Compare that to the role of Angara senior and junior. At least si Jackie Enrile hindi nakisawsaw. That, I presume, was upon advice of the wise father.
Spokesperson lang daw si Sonny Angara, and is not a prosecutor. Yes, but he is part of the team. Si Mrs. Corona, ni walang demanda ang John Hay.
Okay, kurakot yan, scoundrel, etc. Pero kunin sa tamang paraan; dahil ang tamang paraan ay kasama sa daang matuwid.
Wow!
Si Corona ang sakop ng New Code of Judicial Conduct for the Philippine Judiciary (took effect on June 1, 2004).
Sec. 5 of Canon 1 is a new section adopted in the Code. It “shared similarities to Canon 4 on Propriety and dealt specifically with avoidance of inappropriate connections–as well as any situation that would give rise to the impression of the existence of such inappropriate connections–with the executive and legislative branches.”
May label na na “CoronArroyo”. May connect na na namuo sa isipan ng tao…
Baka sa iba…APPROPRIATE lang ang konek…
@#68 & #72:
Thank you, Phil, thank you, Chi.
Ito kasing magagaling na abogado, pinahahaba pa ang prucision, sa simbahan din pala ang tuloy ni Corona. Ehe, este, sa conviction rin pala ang tuloy.
Kung sentimento ng bayan ang dapat mag husga kay Corona ay dapat mag referendum na lang tayo total balewala naman sa mga yellow ang rule of evidence ng korte/senado. Sa isang kondisyon lang ay huwag kayong gagamit ng smartmatic dahil siguradong panalo na naman kayo ng 5 million votes…lol
Siyam na taong naging pekeng presidente si gloria. Ang tanong ay sino ang dapat sisihin kung bakit naging pekeng presidente si gloria? Mismong si noy at ina nya ang sumoporta kay glo bagamat alam nilang illegal yong ginagawa nila dahil sa pansariling interest nila sa Hacienda Luisita noong panahon na yon at gayon din sa kasalukuyan.
Ano ang sabi ng mga yellow at yellow liar-stream media kung bakit pinatalsik nila si Erap noong 2001 ata yon samantalang mayroong Senate court hearing din noon? Dahil yon daw ay popular revolt o SENTIMENTO NG BAYAN. Ano ang resulta ng tinatawag nilang sentimento? gloria!
Ang dapat ikulong at parusahan ay ang mga yellow na yan at yellow liar-stream media/reporters. SUMPA sa bayan ng Pilipinas ang mga yellow.
Ang sentimento ng bayan na sinasabi nila ay kunyari lang na galing sa bayan yon.
Ang sentimento noong panahon ni Erap at ngayon ay iisa lang:
Sentimento lamang yan ng mga yellow liars at yellow liar-stream media lang. Walang kinalaman ang bayan dyan. Tapos sasabihin nila ay suportado daw ng survey outfits?….LOL
Ang loyalty dapat ng tao para mabawasan ang kurapsyon ay sa Constitution o Oath of Office. Dahil kung ang loyalty ng tao ay sa personality o party ay siguradong kurapsyon ang labas.
xman,
ang labo mo!
yellow liars?
meron ba nu’n sa mga natutulog sa kalye at nagbubungkal ng kakainin sa basurahan?
Kung connection lang kay Goyang, mas official ang connect ni Carpio. His firm was the official counsel of Goyang ang the Pig.
And don’t tell me he has disengaged, or that Florentino Feliciano disengaged from Sycip Salazar and Feliciano while in the Supreme Court.
Hindi naman tayo pinanganak kahapon.
saxnviolins,
just continue wishing carpio will have his time too…