ShareThisCJ sad, apologizes, leaves fate to God;
Palace happy; lawyers question ruling at SC
PASAY CITY – The Senate, sitting as an impeachment court, voted 20 to 3 on Tuesday to convict Chief Justice Renato Corona, and subsequently removed from office, making him the first chief magistrate in the country’s history to be ousted.
The Senate impeachment court found Corona guilty for his failure to declare his true worth of assets through his Statement of Assets, Liabilities and Networth (SALN), a decision immediately hailed by Malacanang and the prosecutors as a “major victory” of the people. Three senators said the errors in the SALN were not an impeachable offense and voted to acquit Corona.
During his testimony, Corona declared he had four dollar accounts – not 80 as alleged by the Ombudsman – with $2.4 million (not $12 million) and P80 million in the banks which he did not declare in his SALN because of his belief in a law guaranteeing the secrecy of foreign currency deposits. He said the peso deposit is mingled with monies from family members, his late mother and from the Basa-Guidote Enterprises Inc.
But Senate President Juan Ponce Enrile and the other senator-judges declared that “the constitutional principle of public accountability overrides the absolute confidentiality of foreign currency deposits (FCDs).”
“With all due respect, I believe that the respondent Chief Justice’s reliance on the absolute confidentiality accorded to foreign currency deposits under Section 8 of Republic Act No. 6426 is grossly misplaced,” Enrile said in explaining his vote to convict before the court.
Corona’s term was supposed to end in 2018 since he was appointed to the post only in 2010. With his conviction, the most senior Associate Justice, Antonio Carpio, was expected to act as Chief Justice until a regular Chief Magistrate is appointed by the President within 90 days of the vacancy of the position.
After the verdict was reached, Enrile directed lawyer Emma Reyes, the Senate Secretary acting as Clerk of Court, to immediately notify the respondent Corona and all the parties concerned, including the President. Enrile said that the decision and ouster of Corona was immediately executory,
Former Justice Serafin Cuevas, lead counsel of Corona, however, said the Chief Justice has 10 to 15 days to appeal upon receipt of the decision and bring it to the High Court itself if he decides so.
“If we follow the rules on criminal procedure, this will be after 15 days,” Cuevas pointed out, adding that Corona’s camp might appeal the ruling before the Supreme Court through a certiorari.
Already, a group of lawyers led by Oliver Lozano filed with the SC also on Tuesday a petition questioning the trial and verdict on Corona, indicating a possible constitutional crisis if the issue is pursued and goes fullblown.
From his hospital bed at Medical City, Corona said he was sad with the verdict but maintained his innocence of the charges. He apologized to his family and to his supporters, especially the workers of the Supreme Court and the judiciary, who were dragged into his fight for the right, adding that he was not leaving his fate to God.
“Kung ito po ang ikabubuti ng ating bayan, tinatanggap ko na po ang kalbaryong aming pinagdaanan. Dahil sa simula’t sapul naman, ay handa na akong mag-alay ng sariling buhay para sa bayan (If this is for the good of the country, I am accepting the calvary that I have suffered. From the start, I had been ready to offer my own life for the country),” Corona said in a statement.
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“Kung kaya, ipinapaubaya ko na po sa ating Poong Maykapal at sa taong bayan na higit na makapangyarihan sa ating demokrasya ang aking kinabukasan at ang kinabukasan ng ating Hudikatura (I am entrusting my future and the future of the judiciary to God and the people who are the powers in our democracy),” he added.
Corona asked his critics and accusers to end the “politics of personal attacks” and “vanquish the poison caused by too much divisiveness and unstoppable hatred and anger.”
“Panahon na upang isulong ang ating buhay bilang isang bansa (It’s time for us to move forward as one nation),” he said.
“I am innocent,” Corona stressed. “There’s no truth to the allegations against me in the Articles of Impeachment. My conscience is clear.”
Corona said the impeachment had drawn a bad picture of him contrary to the truth.
“Hindi kaila sa akin na gagamitin ng Pangulo ang buong puwersa ng gobyerno, kasama na ang mga ahensiyang dapat sana ay malayang nagpapasiya – ang Kamara, ang BIR, ang LRA, ang AMLC, ang Ombudsman, at iba pa. (We all know how the
President used the entire force of government, including agencies that should be independent – the House, the BIR (Bureau of Internal
Revenue), the LRA (Land Registration Authority), the AMLC (Anti-Money Laundering Council), and the Ombudsman and others,)” he said.
Senator-judge Ramon ‘Bong’ Revilla Jr. rendered the 16th vote which sealed the required two-third votes of the Senate members to convict an impeached official of the government.
Aside from Enrile, who voted last, and Revilla, the Senator-judges who voted to convict Corona were Edgardo Angara, Alan Peter Cayetano, Juliana Pilar “Pia” Cayetano, Franklin Drilon, Francis ‘Chiz’ Escudero, Jose “Jinggoy” Estrada, Teofisto ‘TG’ Guingona III, Gregorio “Gringo” Honasan, Panfilo Lacson, Manuel “Lito” Lapid, Loren Legarda, Sergio Osmena III, Francis ‘Kiko’ Pangilinan, Aquilino ‘Koko’ Pimentel III, Ralph Recto, Vicente Sotto III, Antonio Trillanes IV, and Manuel Villar Jr.
Those who rendered acquittal verdict were Senator-judges Joker Arroyo, Miriam Defensor-Santiago and Ferdinand ‘Bongbong’ Marcos Jr.
Senator Arroyo said in explaining his acquittal vote: “I can’t imagine removing a Chief Justice on account of Statement of Assets, Liabilities and Net worth (SALN). This is not justice, certainly not law. It is only naked power. Impeachment is a political process, not political assassination. What started in the House is not an impeachment. (not guilty).”
“Today we’re one step from violating the Constitution…no one can stop us if we do not stop ourselves,” Arroyo added.
Arroyo indirectly accused President Aquino of acting dictatorial in pushing for Corona’s impeachment.
He said the issue is not judicial, political or legal since “it is only naked power as it was in 1972 (when Marcos declared Martial Law).”
In acquitting Corona, Senator Santiago, who has been elected to the International Court of Justice, explained her standard of proof in her decision is “overwhelming preponderance of evidence,” saying her standard is very high because the removal by conviction on impeachment is a stunning penalty, the ruin of a life.
Santiago, who had the longest and loudest speech, lashed out at Corona accusers who, she said, introduced dubious evidence at the impeachment court.
According to the feisty lady senator, the omission of Corona’s $2.4 million and P80 million deposits in his SALN is not an impeachable offense.
Santiago, a former regional trial court judge, said she found it “reprehensible” that an Anti-Money Laundering Council (AMLC) document was introduced in evidence, without authentication, as required by the rules of evidence.
Santiago noted that the defendant used his own name in all his questioned transactions when he could have done otherwise, “if his purpose was invisibility.”
“Why would a suspected criminal leave his calling cards at the scene of the crime?” she said.
“The defendant admitted he did not declare his dollar accounts and certain co-mmingled peso accounts in his SALN. Did this omission amount to an impeachable offense? No. We must come clean and give meaning to the constitutional requirement that we declare all our assets. (not guilty).”
For his part, Senator Marcos explained why he voted for acquittal of Corona. “Granting, therefore, that the Chief Justice violated the SALN law, this certainly does not rise to the level of an impeachable offense,” he stressed.” We may be faulted for erring on the side of conservatism. But what we are doing is redefining the relationship between branches of government, and when such great affairs of state are uncertain, the resulting instability puts every Filipino’s future in limbo.”
Marcos pointed out that the Bill of Rights is supreme over all the powers of government, including the power to impeach.
“And nowhere is this precept more opposite that in this case, where the government has mustered all the resources at its disposal, not only to secure evidence against the chief justice but further to ensure his conviction,” Marcos said.
He said the issues that have piqued the interest of senator-judges and the public “were outside the original ambit of the impeachment complaint and have been brought forth only after its filing.”
Marcos added: “ This is an important, delicate, momentous event and because of that we should tread very lightly. We must be very, very careful and very, very fair in making this decision because what we do today will reverberate throughout our social and political history affecting generations beyond ours. (not guilty).”
In explaining further his vote of conviction, Enrile acknowledged that the Chief Justice does not stand accused of having amassed any ill-gotten wealth before the Court.
He said: “Paragraph 2.2 of Article II of the Articles of Impeachment accuses the Respondent Chief Justice of failing to disclose to the public his statement of assets, liabilities and net worth as required by the Constitution.”
“I submit that the Chief Justice had justifiable and legal grounds to rely on the Supreme Court’s procedural and policy guidelines governing such disclosures as embodied in a Resolution promulgated way back in 1989 when the Respondent was not yet a Member of the Supreme Court,” Enrile said.
But whether the said guidelines of the Supreme Court violate the letter and spirit of Republic Act 6713 or the Code of Conduct and Ethical Standards for Public Officials and Employees, Enrile said the principle of public accountability is not for the impeachment court to pass upon.
“I grant that the Chief Justice believed in good faith that after periodically filing his sworn Statement of Assets, Liabilities and Net Worth, the guidelines issued by the Supreme Court were sufficient to allow the Clerk of Court to comply with the Constitution and the law,” he said.
“As one who has been through many personal upheavals through all of my 88 years, I, too, have been judged, often unfairly and harshly. But I have constantly held that those who face the judgment of imperfect and fallible mortals like us have recourse to the judgment of history, and, ultimately, of God,” Enrile said.
“And so, with full trust that the Almighty will see us through the aftermath of this chapter in our nation’s history, I vote to hold the Chief Justice, Renato C. Corona, guilty as charged under Article II, Par. 2.3, and that his deliberate act of excluding substantial assets from his sworn SALN constitutes a culpable violation of the Constitution,” the Senate President added.
With the conviction of Corona right in the Article 2, the impeachment court opted not to proceed with the two remaining articles as provided in the rules of procedures of the court.
Corona admitted before the Impeachment Court that he had four but not 82 dollar accounts with US$ 2.4 million and not P12 million as declared by Ombudsman Conchita Carpio-Morales and the Anti-Money Laundering Council of the Bangko Sentral ng Pilipinas.
He also said he has peso accounts in the banks with P80 million in “co-mingled funds,” which he did not declare in his SALN.
Cuevas said that it was not part of their plan to make the admission before Corona took the witness stand.
He said that they did not regret putting Ombudsman Conchita Carpio-Morales on the witness stand.
Morales testified before the Impeachment Court based on the 17-page report of the Anti-Money Laundering Council (AMLC), which states that Corona has 82 dollar accounts with US$ 10 million to US$ 12 million in transactional balances.
The guilty verdict promulgated by the impeachment court against the Chief Justice gained adverse reactions from people of all walks of life.
Through their social networking accounts, some netizens were gravely disappointed while others rejoiced over the decision of the senator-judges to convict Corona of betrayal of public trust and/or culpable violation of the constitution due to non-disclosure of his P180-million peso deposits.
“Senator-judges Joker Arroyo, Miriam Defensor-Santiago and Bong Marcos explained it well why CJ should be acquitted. And I admire them, not only because it satisfied reason, but moral obligations as well,” posted Mayin de los Santos, desk editor of a local newspaper in her Facebook account.
“Had the prosecution not railroaded the proceedings, just to advance their interest, the ‘guilty’ verdict could have been justified,” Santos said.
Tina Ilustre-Mayor, another mass media practitioner, remained indifferent about the impeachment. “…Wala man ko gapati nga tanan sila gapati sa ila ginapangwakal, (I don’t believe that all of them believed on what they were saying), it’s more of a political convenience,” she said.
Mayor said she pitied Atty. Serafin Cuevas. “Not because he’s old, but because grabe ang effort nya and there were times when I feared that he would become apoplectic but his brilliance and calm dazzled me…,” she said.
On the other hand, Geline Joy Samillano, a freshman law student from the University of San Agustin, said she did not regret supporting the campaign to acquit Corona through her facebook account.
“I know it’s only through these things where I can show him and the defense team that I am for judicial independence and democracy,” she said.
After the removal of Corona, many netizens, including website developer Penzer Baterna hoped that President Benigno Aquino III will choose the best replacement.
Like Baterna, development communication student Rose Jane Quiatson remained optimistic that the conviction of Corona will bring change in the judicial system.
”The rules provide that a conviction in just one article is enough to remove the impeached person,” Senate Majority Floor Leader Vicente Sotto III explained.
Actually, the House prosecution initially submitted eight articles of impeachment complaint signed by 188 congressmen in the Senate on December 12, 2011.
However, the prosecution panel decided to reduce it to only three articles midway of the almost five-month impeachment trial that commenced last January 16.
Aside from Article 2, the two remaining articles are Article 3 which covers Corona’s failure to meet and observe the stringent standards under the Constitution and Article 7 which tackles partiality in granting the temporary restraining order (TRO) in favor of former President Gloria Macapagal-Arroyo and husband Mike Arroyo to allow them to leave the country to escape prosecution.
Almost throughout the 43 days of trial, the prosecution focused on the alleged 45 properties and dollar and peso bank deposits that did not reflect in the SALN of Corona.
The defense denied that Corona has 45 properties, showing documentary and testimonial evidences that the chief magistrate owned only five properties that all appeared in his SALN.
The prosecution came out with the bank records allegedly provided by the ‘anonymous’ sources that it showed to subpoena Corona’s peso and dollar documents with the Philippine Savings Bank-Katipunan branch.
The Senate granted the request but only on the peso accounts after the PSBank got a temporary restraining order (TRO) from the Supreme Court on the dollar accounts of the chief magistrate.
With a 13-10 vote, the Senate impeachment court honored the SC’s TRO based on Republic Act 6426 or Foreign Currency Deposit Act.
While Congress was on Lenten break last April, groups of civil society and concerned individuals filed complaints against Corona on his alleged dollar accounts before the Office of the Ombudsman.
After conducting an investigation with the assistance of the Anti-Money Laundering Council (AMLC) and Commission on Audit (COA), Ombudsman Conchita Carpio-Morales came out with a report showing that Corona has amassed US$ 10 million in 82 dollar accounts.
The development prompted the defense to subpoenae the Ombudsman in the impeachment trial where Morales showed through PowerPoint presentation that the chief justice has even US$ 12 million fresh deposits.
Last May 21, Corona finally appeared in his own impeachment trial to deny Morales’ testimony, explaining he has never owned 82 dollar accounts but only four with only US$ 2.4 million deposits.
Aside from the $2.4 million, Corona also admitted that he has P80 million deposit in three bank accounts but explained these are ‘commingled funds’ of the Basa-Guidote Enterprises, his wife and daughter.
To prove that he was telling the truth, Corona even signed a waiver authorizing the impeachment court and government institutions to check all his bank records, including dollar deposits.
During last Tuesday’s closing oral arguments, the prosecution dealt heavily on the failure of Corona to declare his US$ 2.4 million and P80 million bank deposits in his SALN.
The defense claimed the Chief Justice need not declare his dollar deposits, citing RA 6426 which Corona’s lawyers said provide absolute confidentiality on the foreign currency deposits.
Sotto said the Constitution calls for immediate execution of the Senate’s conviction verdict, meaning Corona will be removed as chief magistrate and will be disqualified to hold again any government position in the future.
Sotto explained that if Corona’s camp will appeal the decision, “it is no longer the problem of the Senate because once we render our verdict, our job as impeachment court also ends.
Following is how the senator-judges cast their votes in Article II of the impeachment complaint against Supreme Court (SC) Chief Justice Renato C. Corona:
Senator Edgardo Angara: “Willful, deliberate omission a culpable violation of Constitution. Law never intended to be convenient excuse to conceal assets. (guilty).”;
Senator Joker Arroyo: “I can’t imagine removing a Chief Justice on account of Statement of Assets, Liabilities and Net worth (SALN). This is not justice, certainly not law. It is only naked power. Impeachment is a political process, not political assassination. What started in the House is not an impeachment. (not guilty).”;
Senator Alan Peter Cayetano: “Di ko matanggap na P80 million na hindi dineklara ay ipapaliwanag lang sa kwento na walang nasubmit na dokumento. (guilty).”;
Senator Pia Cayetano: “This is all the more difficult for me because I took my oath before this man. This is not a purely legal process. (guilty).”;
Senator Miriam Defensor-Santiago: “Did the defendant’s omission in declaring his peso, dollar accounts an impeachable offense? No. We must come clean and give meaning to the constitutional requirement that we declare all our assets. (not guilty).”;
Senator Franklin Drilon: “How can the Chief Justice claim good faith in twisted interpretation of law? Chief Justice must be held to a higher standard. (guilty).”;
Senator Francis “Chiz” Escudero: “Di ko masasang-ayunan ang posisyon ng Chief Justice Corona. Ang binabawal ng Foreign Currency Deposit Unit law ay bangko, hindi depositor. (guilty).”;
Senator Jinggoy Estrada: “This trial is a historic redemption of our justice system. This same process failed for my own father. Today, I join the nation in healing the wounds inflicted by this trial. In my eyes he’s guilty. (guilty).”;
Senator Teofisto Guingona III: “Ang aking boto ay para sa kasagraduhan ng saligang batas. We must renew our respect for sanctity of the Constitution. Ang nasasakdal na punong mahistrado ng Korte Suprema ay hindi na po nararapat sa katungkulan. (guilty).”;
Senator Gregorio “Gringo” Honasan: “Since trial began, I have been looking for reason to acquit Corona based on compassion. This trial is not about personalities, emotion, partisan politics but whether highest magistrate is fit for the job. I vote to ask Corona to step down. (guilty).”;
Senator Panfilo “Ping” Lacson: “An error of judgment is unacceptable in this trial because it is final and irreversible. I find it hard to believe Corona’s testimony, that he does not understand accounting. (guilty).”
Senator Manuelito “Lito” Lapid: “Wala po akong dalang speech dito. Dedesisyunan ko ang chief justice bilang isang high school graduate mula sa probinsya ng Pampanga. Awang-awa ako kay chief justice. Akala ko totoo ang sinasabi niya. Hindi pala. Mas pinaniniwalaan ko pa si Congressman Fariñas na nag-Powerpoint presentation. (guilty).”;
Senator Loren Legarda: “Public officials earn public trust, which is not simply an administrative entitlement but earned through transparency. (guilty).”;
Senator Serge “Sonny” Osmena III: “Justice must not be merely done but also seen to be done. We must tell people that justice is applied equally. (guilty).”;
Senator Francis “Kiko” Pangilinan: “Based on evidence, there was systematic concealment of Corona’s assets. Siya na po ang nagsabi na kung ang isang huwes ay nagsisinungaling ay hindi nararapat manatili sa pwesto. Sa kanya na po nanggaling ang hatol. (guilty).”
Senator Aquilino “Koko” Pimentel III: “There is evidence on record Corona did not declare millions of dollars. Arguments don’t persuade me. (guilty).”
Senator Raplh Recto: “In an impeachment complaint, lenth is not strength. The way evidence was produced left a bad taste in the mouth. (guilty).”;
Senator Ramon “Bong” Revilla, Jr.: “Corona has the responsibility to be the epitome of a public servant with the highest ethical standards. Ang panunungkulan ni chief justice ay dapat walang bahid ni katiting dahil sa mandato ng kanyang katungkulan, kahalagahan ng posisyon. I prayed hard for divine providence and guidance. (guilty).”;
Senate Majority Leader Vicente “Tito” Sotto III: “I vote to convict Corona on Article II. (guilty).”
Senator Antonio “Sonny” Trillanes IV: “A conviction signifies that we have considerably raised the standards for a Chief Justice of our Supreme Court. He must not only possess vast legal knowledge and wisdom necessary to interpret the law according to its spirit and intent. But, more importantly, he must have unquestionable moral integrity and strength of character to render him impervious to corruption and political pressure as he administers justice for our country and people. (guilty).”;
Senator Manuel “Manny” Villar: “I recall that I was a victim of vilification campaign during the presidential campaign, just like Corona. Bagaman ako’y bumoto ng guilty, naniniwala po ako na mabuting tao si Chief Justice Corona, subalit, sa Foreign Currency Deposit Act (FCDA) nagkamali siya dito at dapat pantay-pantay ang implementasyon ng batas dito. (guilty).”;
Senate President and Impeachment Court Presiding Officer Juan Ponce Enrile: “If we agree with Chief Justice Corona that he is correct in not disclosing, can we expect SALNs (Statements of Assets, Liabilities and Net worth) to be more accurate and true? I don’t think so. I believe it is our duty to resolve the dilemma of the law. To render a just verdict is a sacred duty that I have taken on myself, that I have sworn to perform. With full trust that the Almighty will see us through, I vote to hold Chief Justice Corona guilty.”