Blog Watch is composed of independent-minded bloggers and social media users who leverage new technology tools to advocate social change and serve as a citizens’ watchdog and collective conscience for transparency and good governance.

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Be part of citizen power. Register here in Blog Watch at http://blogwatch.tv/wp-register.php. or send me an email contact at blogwatch dot tv . by Rick B. Ramos

Lesson No.1. Senators will vote along party lines and/or in coalition with other parties and depending whether they are up for re-election soon or not. Hence, the senators cannot be expected to render impartial judgement on an Impeachment Trial. They will vote in the same or similar manner as they do when it comes to legislations. Hence, future constitutional reforms may address the subject of the Impeachment process. The shift to the Parliamentary system will remove the senators who are elected nation-wide.

As expected, the Senators belonging to the Liberal Party voted for Conviction. The other senators who represented the swing votes in the verdict of the Impeachment Trial of Chief Justice Corona voted in favour of the winning side: conviction. There were senators in the Enrile-Villar group who met on a Sunday two days before Judgement Day who could have voted for Acquittal, but did not do so because they are not sure that they can muster the five (5) more votes needed to add the three sure votes of Senators Joker Arroyo, Miriam Defensor-Santiago and Ferdinand Marcos, Jr.

Sen. Loren Legarda said that she has wanted to vote for acquittal, but she was alone in the group of seven senators who met that fateful Sunday of 27 May 2012. Senator Legarda could have voted for Acquittal if she wanted do and not worry about the 2013 Senatorial Elections because her second term will end next year. The same for her party-mate Sen. Manuel Villar, president of their Nacionalista Party.

However, the wife of Senator Villar will run for the Senate to replace him since, like Legarda, his second term will also end in 2013. Similarly for Senate President Juan Ponce Enrile (JPE), who will retire from politics next year, whose only son Jackie Enrile will run for the Senate to take his place. There are talks that JPE managed to obtain two concessions from President B.S. Aquino III: support for his son’s candidacy Senate next year and keeping his post as Senate President until 30 June 2013 to cap a “illustrious” political career at age 89. Early next year in 2013, the Filipino people will see on whether JPE sold his vote for a conviction or not when President Aquino makes the decision on the candidacy of the younger Enrile.

The two senators – Arroyo and Santiago – who voted for Acquittal will already end their second term in 2013. So while they are true to their convictions, it is also easier for them stand on their decision with No Elections next year to worry about. In the case of Sen. Bongbong Marcos, Jr. he is up for elections four years away in 2016. So it is also easier for him to make the “unpopular” vote of acquitting Chief Justice Corona with no elections to worry about in four years.

Lesson No. 2. An Impeachment Trial can Divide the Filipino People depending on the manner that the Impeachment was done at the House of Representatives and how the Prosecution will conduct their case. Likewise, the Verdict on the Impeachment Trial – Conviction or Acquittal – can Divide the Filipino people since there are two opposing views. Those who are in power are expected to use the vast resources of the national government to convict an Impeachable Public Official who belongs to the other side.

When there are two opposing views and camps, one side can be expected to be more vocal or rabid than the other. The other side can be more tolerant and will only articulate their position when asked, while the more vocal or rabid side can be intolerant of the other side and will try to impose on others their position or those they think they can influence. Those who are with the camp of the Prosecution can be sanctimonious in their decision and even invoking God to be on their righteous side.

To be Continued!

Ricardo B. Ramos is executive director of Citizens Infrastructure Integrity WatchDog (InfraWatch)Want to be part of our Blog Watch Community? Share your perspectives on current issues and contribute to the conversation. Look at it as an op-ed with links. Just register or if you just want to submit a guest post , submit your story. at email address contact at blogwatch dot tv

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Be part of citizen power. Register here in Blog Watch at http://blogwatch.tv/wp-register.php. or send me an email contact at blogwatch dot tv . THE IMPEACHMENT TRIALS – DAY 44, May 29, 2012
THANK YOU, EVERYONE!
by Wilfred Avila

Why did it take me so long to write this? Simple, I just found it too painful to do so. I still do. But even this series of reports on the Impeachment Trial has to have a closure, painful though it may be.

Since Day One, all were prepared for this moment. It had to come inevitably and it did. In all of the 44 days of hearings, posturings, screaming, scolding, intimidating, pleading, impressing and arguing, it was all designed to come to this penultimate moment ….. Judement Day!

It was a day of tears, pain, ecstasy, joy, doom and new beginnings. It was also a day no one expected. From both sides of the Senate Hall, no one could predict how this day would end. Yet, in all of these, everyone trooped to the Senate Hall knowing how they wanted it to end. They did not speak of it but were armed to the teeth to defend their own cause, no matter what it was.

There was a hopeful sense that all would turn out well and some were even prayerful that God be there to shed light on everyone who was to be the final arbiter of this trial on the final day — the Senator-Judges!

Everyone was present, no one thought of being absent on this all important date with destiny. Each Senator-Judge arrived in the Senate grounds without a trace of their already made up decision. All of them felt his decision alone would make a difference. They all did.

With his pompous voice, the Sergeant-at-Arms told everyone to keep silent or be preremptorily kicked out of the Senate Hall. A “certain kind of hush” fell and everyone could hear the Senate clock tick by. It was 2:10 pm. Led by the Presiding Judge, Senate President Juan Ponce Enrile, the Senator-Judges filed out to take their seats. The roll was called and they were all there, all 23 of them!

Majority Floor Leader Vicente Sotto III, announced that the Senator-Judges were ready to cast their votes but before it could even begin, Presiding Officer Enrile announced that the Chair would like to remind members of the court, parties to this case, that last March 12, 2012 – this court ruled that no evidence from both prosecution and defense and no verdict will be rendered on Articles I, IV, V, VI, and VIII. In accordance with earlier ruling, votes will only be taken on Articles II, III, and VII.”

Voting

The moment had arrived and the voting started. Everyone had a piece of paper to write down their decisions. Some groaned in reaction while other still grinned from ear-to ear. No one knew how it would turn out. The bets were on. Lotto died a natural death that day as all the bets were on whether it was going to be acquittal or conviction and this is how it went:

Those who voted for Acquittal: 3

1. Arroyo, Joker
2. Defensor-Santiago, Miriam
3. Marcos, Ferdinand, Jr.

Those who voted for Conviction: 20

01. Angara, Edgardo
02. Cayetano, Peter Allan
03. Cayetano, Pilar Juliana
04. Drilon, Franklin
05. Escudero, Chiz
06. Estrada, Jinggoy
07. Guingona III, Teofisto
08. Honasan, Gregorio
09. Lacson, Panfilo
10. Lapid, Lito
11. Legarda, Loren
12. Osmena, Sergio
13. Pangilinan, Francis
14. Pimentel III, Aquilino
15. Recto, Ralph
16. Revilla, Ramon Jr.
17. Sotto III, Vicente
18. Trillanes IV, Antonio
19. Villar, Manuel
20. Enrile, Juan Ponce

The explanations were all given. Some were scathing and others very personal and insensitive to the respondent. Case in point was the one of Senator-Judge Francis Pangilinan who even ventured into the Basa-Corona feud which had all but ended in the Prosecution yestreday’s hearing. Others were funny such as the one of Senator-Judge Lito Lapid. Senator-Judge Miriam Defensor-Santiago stayed true to form calling both and her co-jurors short of being stupid.

As the scores were being tallied, groans, whispers and wails were being heard around the hall. Yet, to the very end (even when there was already a trend to convict) the hall remained deathly silent. Both sides of the hall did not miss the import of what was unfolding before their eyes. That this was a historical and momentous event, evryone accepted. That they were all part of it, no one thought of until it hit them after the entire process finished.

With emphasis and finality, the Presiding Judge banged the gavel loudly three times marking the end of this long and painful drama. The Teleserye ng Bayan ended. The life of the Chief Magistrate of the land was practically snuffed out. Bed-ridden at the hospital, he watched with pain and tears as the verdict was called out.

It cannot be denied by one and all that this was not a fair and just trial. It was a political exercise and not a judicial one. If it were, in fact, a judicial hearing, there would have been no case at all. There was never any evidence presented by the prosecution that would warrant even having the case at all.

What surprised this writer was that all the Senator-Judges (except for the three of Arroyo, Santiago and Marcos) were so eloquent in explaining their individual votes without ever touching on the source of the evidences presented by the Prosecution. The Small Lady, the envelopes in the garage, the presentation of the AMLC report and the unfair and unjustified questiong of the Senator-Judges who were biased againt the respondent, the Chief Justice from Day One, notably Senator Franklin Drilon and others.

Visiting Corona at the Medical City

Immediately after the trial, Bel Cunanan, Maria Fatima Nebrida, Camille Zamora, Carmen Pedrosa, Gov. Sally and a few other friends and I ate a humble dinner together commiserating with the loss and the pain we all commonly felt.

After the dinner, Baby Nebrida, her husband Gene, Camille Zamora and myself together with our children trooped to Medical City in the hope that we could lift the spirits of the Chief Justice.

We found old friends there. The entire Defense Panel and the close supporters of the Cj was there. Justice Midas Marquez was all there together with Carla (his daugther) and his son-in-law, Jojo Castillo who entertained us first since the Chief Justice was closeted with his attorneys. . We were all shocked to learn that Francis (his eldest son) was also hospitalized for very high blood pressure levels. Francis is also confined at Medical City at an adjacent room to the CJ. We all felt a little hesitant because we did not know how to begin a conversation to lift one’s dead spirit. I simply suggested that we say why we were there and that would be that.

We didn’t have to say anything. As soon as the Chief Justice saw me, he immediately approached me and hugged me so tight. We both started shedding soft but painful tears. Without a word, we told each other what we both felt. Everyone looked on and started to cry as well. Hugs followed for Camille and Baby Nebrida. No eye was dry.

Yet, in all of that, I realized I was in front of a truly strong and principled man. He may have lost in the trial but he was not a beaten man. He was truly far from that. We gathered in the waiting room where he addressed us. Yes, he said, we accept the verdict but this is not the end of our fight. This is only the beginning. Cristina Corona joined us and gave everyone a strong and kind smile. I guess she must have realized that we were all hurting like her.

For a while, I felt like I was in a courtroom listening to the argument of the accused. He reviewed the case for us and told us that the decision was all based on the wrong premise. He began waxing poetic and romantic lines when he started to speak of the support of Cristina and his family.

Suffice it to say that I underlined that his friends and ALL OF US continue to support him. That it has turned into a personal level for most us cannot be denied.

Corona’s press statement

Earlier in the evening, the Chief Justice issued a press statement snippets of which I quote in full here:

Saying he was sad but ready to offer his life for his country, Chief Justice Renato Corona, ousted on a 20-3 vote by the Senate on Tuesday, said he was leaving his fate to God and the Filipino people and hoped the “hatred” that had fuelled his impeachment would ease.

Corona reminded the people that he submitted himself to the impeachment process, even though he said he knew that the President would use government agencies in order to pin him down – the House of Representatives, the Bureau of Internal Revenue, Land Registration Authority, the Ombudsman; and resort to feeding dubious documents to the media.

He said the leak of unverified, undocumented documents to the media, and not to the court, made him wonder, “If their case was strong, why did they have to invent documents?” The statement, issued from his hospital room at the Medical City, was mostly in Filipino.

He said the impeachment trial that began January 16 and ended on Day 44 with the promulgation, has burdened the nation for a long time. “Let’s stop the politics, personal attacks. Let’s quell the poison of unabated anger and hatred,” Corona said.

He said it was time to focus on the serious challenges to “our life as a nation.”

The statement is seen as a signal that he would not resort to an appeal to the Supreme Court, as his chief counsel, former Justice Serafin Cuevas, had earlier indicated. This tack was seen to create a constitutional crisis.

“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 leaving my future and the future of our Judiciary to God and the people, who are the supreme authority in our democracy),” Corona said.

“I am innocent,” he added. “There is no truth to the charges against me in the Articles of Impeachment. My conscience is clear.”

At the same time, Corona also called for reconciliation, urging people to “turn our backs” on the past five months to “rebuild the torn fabric and focus our attention once more on all the challenges and promises the Philippines faces in the next century.”

He thanked the three senators who voted to acquit him — Joker Arroyo, Miriam Defensor-Santiago and Ferdinand Marcos Jr.

He also sought the forgiveness of his wife, children and grandchildren “sapagkat sa aking pagtatanggol sa kasarinlan ng Hudikatura ay nailagay ko sila sa kalbaryong hindi naman nila kinailangang maranasan (because in my defense of the independence of the judiciary I placed them in a Calvary that they did not need to suffer).”

Respecting the verdict

Yes, the Chief Justice continue to believe in his (OUR) fight. This travesty cannot be allowed to go on. 2013 is not far away in the horizon and, already, the magicians of PCOS is strengthening their position to take all the positions available in this country.

Thank you Chief Justice for giving us a reason to be proud of our country once again! And, YES, we are proud of you!Hi everyone! I meant to send this message earlier. Thank you so much for all the support you have given for the cause of the Rule of Law & Judicial Independence. We were strangers brought together by a common cause but now I consider each and every one of you my personal friend Thank you! Things may not have turned out the way we wanted in this instance, but I hope we continue to fight for causes that will be good for our country. Kung pwede ko lang kayo kamayan at i-hug isa-isa gagawin ko. Unfortunately we are constrained by time and physical distance (to the relief of my husband… hahaha just kidding). Thank you for a job well done and thank you for giving us your unsolicited, sincere and loving support. I am overwhelmed and truly inspired by all of you. Love you guys!

Meanwhile the Defense Panel of Chief Justice Renato Corona said that they respect the verdict of conviction meted out by the impeachment court on Chief Justice Renato Corona.

Lawyer Tranquil Salvador III said members of the defense panel have yet to discuss their next option as to whether or not they will seek remedy before the Supreme Court. “We respect the separate decisions of the senator-judges,” he said. “Walang naging kasong ganito sa (There has not been a case like this in the) Supreme Court. This has never been tested. Hindi natin alam (We don’t know). I don’t want to make statements at this time. We are relieved that we can now all go back to our personal lives,” he said.

Attorney Karen Jimeno meanwhile sent the ever effective Cyber Groups a message that said, “Hi everyone! I meant to send this message earlier. Thank you so much for all the support you have given for the cause of the Rule of Law & Judicial Independence. We were strangers brought together by a common cause but now I consider each and every one of you my personal friend Thank you! Things may not have turned out the way we wanted in this instance, but I hope we continue to fight for causes that will be good for our country. Kung pwede ko lang kayo kamayan at i-hug isa-isa gagawin ko. Unfortunately we are constrained by time and physical distance (to the relief of my husband… hahaha just kidding). Thank you for a job well done and thank you for giving us your unsolicited, sincere and loving support. I am overwhelmed and truly inspired by all of you. Love you guys!

Release of SALN

The Supreme Court (SC) on Wednesday approved the release in full of the 2011 Statement of Assets, Liabilities and Net worth (SALN) of all justices and judges in the Philippines.

In a press conference, Acting Supreme Court Spokesperson Attorney Gleo Guerra said that the High Court should formulate a guideline on the release of the SALN, which will be taken up in its special en banc session on June 13, 2012.

“The release of the SALN was a collective decision of the Court,” Guerra said. The Philippines has some 2,000 justices and judges.

The special en banc session was called on Wednesday by Acting Supreme Court Chief Justice Antonio Carpio. Associate Justices Diosdado Peralta and Lucas Bersamin were absent during the special en banc session. Guerra said that both Justices Peralta and Bersamin were now in Baguio City for a lecture.

Guerra said that the High Court’s decision, in effect, overruled the 1989 Supreme Court ruling in the Alejandrino case, where the High Court unanimously voted to deny the request for SALN which are directly or indirectly traced to a litigant, lawyer or any party with a pending case before the Court.

The 1989, the Supreme Court ruling stated that there had to be a “legitimate reason” for such a request as well as good faith and not fish for information that can be used to influence a court’s decision.

The 1989 the Supreme ruling was reiterated in 1992, when, in a resolution, the High Court said that the disclosure of SALNs not only of High Court justices but justices from the Court of Appeals, Sandiganbayan, Court of Tax Appeals, lower court Court judges and court personnel, have been restricted to shield them from acts that may “endanger, diminish or destroy their independence and objectivity in the performance of their judicial functions.”

“In effect [overruling the Alejandrino case] is the net effect,” Guerra said. However, Guerra clarified that it is a SALN but not waiver.

Signing the waiver

Impeached Chief Justice Renato C. Corona signed an unconditional waiver allowing the Anti-Money Laundering Council (AMLC), the Bureau of Internal Revenue (BIR) and the Securities and Exchange Commission (SEC) to look into his bank accounts and business interests.

Corona’s act was hailed as a good start to show transparency in the government with some members of Congress and Senator Francis “Chiz” Escudero signing similar waiver and challenged the other government officials to do the same.

Meanwhile, the head of the prosecution team that worked to oust Chief Justice Renato Corona on Wednesday said he “will not dignify” challenges for him and other congressmen to sign waivers to make their bank deposits more transparent.

Representative Niel Tupas Jr. said those calling for such a gesture are merely “grandstanding” – or, in the vernacular he used, “pa-pogi”. What say you, Senator Chiz Escudero.

Tupas said the Statement of Assets Liabilities and Net worth (SALN) that he submitted already contained a waiver authorizing the Ombudsman to look into his bank accounts, local and foreign.

“I think what was stated in the SALN was sufficient. Hindi ako nagdi-dignify ng pahapyaw na challenge, hindi naman ito talaga ang heart ng pinaglaban natin, iyong parinig siguro papogi. I won’t dignify that as a public servant,” Tupas said.

For his part, Aurora Representative Juan Edgardo “Sonny” Angara, who is one of the Prosecution’s spokespersons, said he no longer wished to dignify the “grandstanding” remark of Tupas. “I don’t want to add fuel to the fire,” he said in an interview..

Earlier in the day, seven militant lawmakers signed a waiver allowing the Ombudsman to look into their assets and bank accounts for investigation purposes. “As signatories to the Corona impeachment complaint and representatives of the marginalized and underrepresented sectors in Congress, we feel it is our duty and moral obligation to set an example in complying with the Constitutional mandate on public office as a public trust,” said Representatives Teddy Casino and Neri Colmenares of Bayan Muna, Luz Ilagan and Emmi de Jesus of Gabriela, Rafael Mariano of Anakpawis, Antonio Tinio of ACT Teachers and Raymond Palatino of Kabataan partylist after signing the waiver Wednesday.

All of them said they had no foreign currency deposits and are among the poorest House members based on their 2011 SALN. The partylist lawmakers challenged President Benigno Aquino III, members of the Cabinet, senators and their colleagues in the House of Representatives to do the same.

Corona trial was ‘bigger than publicity.’ Tupas said the prosecution team’s efforts to convict the Chief Magistrate was “bigger than publicity, bigger than media mileage.”

In their explanation of vote, Senators Alan Peter Cayetano and Francis Escudero, two of 20 who voted to convict, also dared all public officials to sign a waiver to open to the public their bank accounts. At the House of Representatives, several lawmakers also made the same challenge, saying it was necessary in the name of transparency.

Triumphantly, Justice Antonio Carpio is now the acting Chief Justice of the Supreme Court, amid immediate speculations and questions over who President Aquino might ultimately appoint to replace former high magistrate Renato Corona. Late Wednesday, the President said in a statement he will not be rushed into choosing the next chief justice, to avoid making the mistake of naming an undesirable one.

Carpio’s designation followed a special en banc session of the high court Wednesday, a day after former Chief Justice Renato Corona was convicted of betrayal of public trust and culpable violation of the Constitution by the Senate impeachment court.

President Benigno Aquino III said Wednesday night he will not be rushed into choosing a new Chief Justice so as not to make the same mistake as appointing someone like the impeached chief magistrate Renato Corona. Aquino said in a statement that the next Chief Justice “must have integrity and must be independent in decision-making.”

The Senate President, who cast Tuesday’s last vote, said the verdict on Corona was final and cannot be reversed by the Supreme Court. he said this in reaction to statements that the Chief Justice might raise the issue to the Supreme Court and ask for a TRO. Attorney Rico Quicho announced that the Chief Justice would not raise it to the Supreme Court and accepted the decision of the Impeachment Court! The full transcript of the explanations of the Senator-Judges will follow shortly.

What next?

What is there left to say after all of these. NOTHING! With a heavy heart, I will close this series. I have kept this journal alive to share with you the events of the trial and my thoughts on the proceedings. There wer times when I would laugh, cry and just wax along to share my thoughts. I pray that I have not inflicted pain on anyone as I rambled along.

The fact that we shared the same vision and ideals and made a common stand was more than enough recompense. To my readers around the nation and around the globe, thank you for being there with me. To those who even took the trouble of re-posting the series daily, salamat po. Ang dami po ninyo para isa-isahin.

I have once said that the fight doesn’t end here. It marks the beginning of a bigger and more dangerous fight, the forthcoming 2013 elections. The HOCUS-PCOS machines are being prepared to count the non-existent votes once more. We must remain alert and watchful. All our enrgies and efforts must be geared towards preventing another group of charlatans and know-it-alls with vested interest to “represent the people!”

Once again, my deepest gratitude to all.Want to be part of our Blog Watch Community? Share your perspectives on current issues and contribute to the conversation. Look at it as an op-ed with links. Just register or if you just want to submit a guest post , submit your story. at email address contact at blogwatch dot tv

We also accept interns.

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Blog Watch is composed of independent-minded bloggers and social media users who leverage new technology tools to advocate social change and serve as a citizens’ watchdog and collective conscience for transparency and good governance.

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Be part of citizen power. Register here in Blog Watch at http://blogwatch.tv/wp-register.php. or send me an email contact at blogwatch dot tv . This is a post from Wilfred Avila, a friend of Renato Corona . I removed some names in this post

Immediately after the trial, a few other friends and I ate a humble dinner together commiserating with the loss and the pain we all commonly felt.

After the dinner, we together with our children trooped to Medical City in the hope that we could lift the spirits of the Chief Justice.

We found old friends there. The entire Defense Panel and the close supporters of the Cj was there. Justice Midas Marquez was all there together with Carla (his daughter) and his son-in-law, Jojo Castillo who entertained us first since the Chief Justice was closeted with his attorneys. . We were all shocked to learn that Francis (his eldest son) was also hospitalized for very high blood pressure levels. Francis is also confined at Medical City at an adjacent room to the CJ. We all felt a little hesitant because we did not know how to begin a conversation to lift one’s dead spirit. I simply suggested that we say why we were there and that would be that.

We didn’t have to say anything. As soon as the Chief Justice saw me, he immediately approached me and hugged me so tight. We both started shedding soft but painful tears. Without a word, we told each other what we both felt. Everyone looked on and started to cry as well. Hugs followed . No eye was dry.

Yet, in all of that, I realized I was in front of a truly strong and principled man. He may have lost in the trial but he was not a beaten man. He was truly far from that. We gathered in the waiting room where he addressed us. Yes, he said, we accept the verdict but this is not the end of our fight. This is only the beginning. Cristina Corona joined us and gave everyone a strong and kind smile. I guess she must have realized that we were all hurting like her.

For a while, I felt like I was in a courtroom listening to the argument of the accused. He reviewed the case for us and told us that the decision was all based on the wrong premise. He began waxing poetic and romantic lines when he started to speak of the support of Cristina and his family.

I will speak of all of this in my blog on the last day later. Suffice it to say that I underlined that his friends and ALL OF US continue to support him. That it has turned into a personal level for most us cannot be denied.

Earlier in the evening, the Chief Justice issued a press statement snippets of which I quote in full here:

Saying he was sad but ready to offer his life for his country, Chief Justice Renato Corona, ousted on a 20-3 vote by the Senate on Tuesday, said he was leaving his fate to God and the Filipino people and hoped the “hatred” that had fuelled his impeachment would ease.

Corona reminded the people that he submitted himself to the impeachment process, even though he said he knew that the President would use government agencies in order to pin him down – the House of Representatives, the Bureau of Internal Revenue, Land Registration Authority, the Ombudsman; and resort to feeding dubious documents to the media.

He said the leak of unverified, undocumented documents to the media, and not to the court, made him wonder, “If their case was strong, why did they have to invent documents?” The statement, issued from his hospital room at the Medical City, was mostly in Filipino.

He said the impeachment trial that began January 16 and ended on Day 44 with the promulgation, has burdened the nation for a long time. “Let’s stop the politics, personal attacks. Let’s quell the poison of unabated anger and hatred,” Corona said.

He said it was time to focus on the serious challenges to “our life as a nation.”

The statement is seen as a signal that he would not resort to an appeal to the Supreme Court, as his chief counsel, former Justice Serafin Cuevas, had earlier indicated. This tack was seen to create a constitutional crisis.

“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 leaving my future and the future of our Judiciary to God and the people, who are the supreme authority in our democracy),” Corona said.

“I am innocent,” he added. “There is no truth to the charges against me in the Articles of Impeachment. My conscience is clear.”

At the same time, Corona also called for reconciliation, urging people to “turn our backs” on the past five months to “rebuild the torn fabric and focus our attention once more on all the challenges and promises the Philippines faces in the next century.”

He thanked the three senators who voted to acquit him — Joker Arroyo, Miriam Defensor-Santiago and Ferdinand Marcos Jr.

He also sought the forgiveness of his wife, children and grandchildren “sapagkat sa aking pagtatanggol sa kasarinlan ng Hudikatura ay nailagay ko sila sa kalbaryong hindi naman nila kinailangang maranasan (because in my defense of the independence of the judiciary I placed them in a Calvary that they did not need to suffer).”

Yes, the Chief Justice continue to believe in his (OUR) fight. This travesty cannot be allowed to go on. 2013 is not far away in the horizon and, already, the magicians of PCOS is strengthening their position to take all the positions available in this country.

Thank you Chief Justice for giving us a reason to be proud of our country once again! And, YES, we are proud of you!

Photo via Camille ZamoraWant to be part of our Blog Watch Community? Share your perspectives on current issues and contribute to the conversation. Look at it as an op-ed with links. Just register or if you just want to submit a guest post , submit your story. at email address contact at blogwatch dot tv

We also accept interns.

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Blog Watch is composed of independent-minded bloggers and social media users who leverage new technology tools to advocate social change and serve as a citizens’ watchdog and collective conscience for transparency and good governance.

Follow @blogwatchdotph in twitter or facebook.com/blogwatchph

Be part of citizen power. Register here in Blog Watch at http://blogwatch.tv/wp-register.php. or send me an email contact at blogwatch dot tv . Senate President Juan Ponce Enrile explains his guilty verdict for Chief Justice Renato Corona under Article II of the impeachment complaint. Impeachment Court Presiding Officer Enrile’s vote rounded up the 20 in favor of conviction against the 3 who voted for acquittal. (Photo by JOE ARAZAS)

Read or download the 40 page May 29 Senate Impeachment Court Record as the rest of the senators explains their vote.

May 29 Senate Impeachment Court RecordWant to be part of our Blog Watch Community? Share your perspectives on current issues and contribute to the conversation. Look at it as an op-ed with links. Just register or if you just want to submit a guest post , submit your story. at email address contact at blogwatch dot tv

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Blog Watch is composed of independent-minded bloggers and social media users who leverage new technology tools to advocate social change and serve as a citizens’ watchdog and collective conscience for transparency and good governance.

Follow @blogwatchdotph in twitter or facebook.com/blogwatchph

Be part of citizen power. Register here in Blog Watch at http://blogwatch.tv/wp-register.php. or send me an email contact at blogwatch dot tv . “DI DAPAT IKAILA KUNG WALANG TINATAGONG MASAMA”
Senator-Judge Francis “Kiko” Pangilinan’s explanation of verdict on the case vs Chief Justice Renato Corona

Hindi dineklara ni Ginoong Corona ang daang milyong piso at dolyar na account. Hindi niya idineklara taon-taon ang mga milyon- milyong pisong pag-aari ng mga condo units. Ang hindi pagdeklara ng makatotohanang SALN taon-taon sa loob ng halos isang dekada ay dishonesty at isang culpable violation of the Constitution.

Ano po ang ebidensiya? Nariyan ang salaysay ng PS Bank President, ng Ombudsman, at ni Ginoong Corona mismo. P22 Million ang sinabi niya sa SALN niya, ngunit halos P200 milyong cash ang inamin niyang hawak niya. Ito ba ay minor na kakulangan lamang? Dapat bang daang bilyon ang hindi idineklara para maging mabigat ang kaso?

At kung sa malinis na paraan nakuha ang mga ito gaya ng nasabi niya, ano ang masama na ideklara niya lahat dahil wala naman siyang tinatago? Di dapat ikaila kung walang tinatagong masama. Base po sa ebidensiya, maliwanag na nagkaroon ng sistematikong pagtatago ng mga ari-arian, sistematikong pagtatakip sa tunay na halaga ng mga ito.

As a lawyer and an officer of the court, it pains and saddens me to say that clearly the Chief Justice displayed a disturbing pattern of dishonesty, willful concealment, and evasion and a blatant and wanton disregard of the provisions of the Constitution on the SALN.

Sa paglilitis na ito, nakita rin natin ang pagkatao ni Chief Justice. Siya ba ay dapat pa nating pagkatiwalaan? Kung hindi po natin i-convict si Ginoong Corona, anim na taon pa siyang uupo bilang Chief Justice. Kung kaya niyang ipagkait sa mismo niyang kamag-anakan ang kanilang ari-arian sa Basa Guidote gayong daang milyon na pala ang kanyang salapi, siya ba ay dapat pagkatiwalaan sa loob pa ng anim na taon?

Kung kaya niyang ipakita ang kawalan ng respeto sa 23 Senador nung siya ay nagtangkang magwalk-out, na sa aking paniwala ay napigil lamang dahil sa mabilis na kilos ng ating mahal na Senate President, ginawa sa harap mismo ng lahat ng media at buong bansa, paano kaya ang pagtrato niya sa maliliit nating mga kababayan na hindi mga Senador na dumudulog sa kanyang tanggapan para sa katarungan? Siya ba ay mapagkakatiwalaan na rumespeto sa maliliit nating mga kababayan sa loob pa ng anim na taon?

Dapat po siya na ma-convict dahil siya po ay nagkasala. Tulad na lamang ng isang court interpreter sa Davao na sinibak mismo ng Supreme Court dahil hindi nito inilagay sa kanyang SALN ang pag-aari niyang market stall sa palengke.

Tama ba na ang pagsisinungaling ng maliliit ay parusahan habang ang pagsisinungaling ng makapangyarihan ang tungkulan ay i-abswelto?

Sa pagtatapos, si Chief Justice na mismo ang nagsabi sa kanyang talumpati sa harap ng Manila Overseas Press Club noong June 24, 2010 kung ano ang nararapat sa mga huwes na hindi tapat sa tungkulin.

Sabi po niya, “I believe that a member of the judiciary who is found guilty of dishonesty should not only be dismissed from the service; he should also be disbarred—no ifs or buts.

Siya na po ang nagsabi na kapag ang isang huwes ay nagsisinungaling hindi lang ito dapat sibakin sa pwesto—dapat pa itong ma-disbar bilang abogado. Sa kanyang mga labi na mismo nanggaling na nararapat siyang ma-convict at masibak sa pwesto.Want to be part of our Blog Watch Community? Share your perspectives on current issues and contribute to the conversation. Look at it as an op-ed with links. Just register or if you just want to submit a guest post , submit your story. at email address contact at blogwatch dot tv

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Senator/Judge BONGBONG MARCOS:

The lady justice wears a blindfold for a reason. She is to render judgment based on law and evidence, without regard to the circumstances and personalities of the parties involved — however controversial they may be. She is to dispense justice without fear or favor

We all took an oath to “do impartial justice according to the Constitution and the laws of the Philippines” and, like lady justice, we are bound to do so without fear or favor.

An impeachment trial is sui generis. Be that as it may, the Bill of Rights stands supreme over all the powers of government, including the power to impeach. And nowhere is this precept more apposite than 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.

The crucial issues that have piqued the interest of the Senator-Judges as well as the public were outside the original ambit of the impeachment complaint and have been brought forth only after its filing.
Evidence on some of these issues came from “questionable” sources … beginning with the unidentified “little lady” to documents anonymously left on gates and in mailboxes.

At the expense of the sub judice rule, evidence had been presented to the public on several occasions, even before they were formally offered before this Court.

Worse, information was grossly exaggerated with the apparent intention to predispose the public mind against the Chief Justice. Notable examples would be the Land Registration Authority report with the discredited list of 45 properties and the unauthenticated AMLC report claiming that the Chief Justice allegedly owned 10 million US dollars.

Still, the Chief Justice sufficiently addressed the accusations against him with regard to the filing of his SALN, and the disclosure of his real properties and peso and dollar deposits.
Relative to his dollar deposits, the Chief Justice believed that he was under no legal duty to declare these deposits pursuant to RA 6426, which affords absolute confidentiality to all foreign currency depositors.

This interpretation of the law is now being publicly criticized as flawed. However, quite a number of public officials construe RA 6426 vis-a-vis RA 6713 in the same manner.

In view of the ambiguous situation created by the concurrent application of the 1987 Constitution, the SALN law, and the FCDU law, and absent a determinative judicial pronouncement that resolves the contrary positions on this legal issue, the Chief Justice must be presumed to have acted in good faith. Indeed, it has been held that not all omissions and misdeclarations in the SALN amount to dishonesty.

The framers of the Constitution intended “culpable violation of the Constitution” to mean a willful and intentional violation of the Constitution.
“Betrayal of public trust,” on the other hand, was meant to be a catch-all phrase to encompass all acts violative of the oath of office or which render the officer unfit to continue in service.
Both grounds, however, were contemplated to exclude unintentional or involuntary violations, errors made in good faith and honest mistakes in judgment.

Granting, therefore, that the Chief Justice violated the SALN law, this certainly does not rise to the level of an impeachable offense.
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. 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.

When the furor has died down and this political storm has subsided, I know – that like the lady Justice – we shall find solace in the fact that this decision, though maybe not popular, was fair, impartial and just.

On the arguments presented, and on the ground that the presumption of innocence has not been overcome, I vote to ACQUIT the Chief Justice of the Supreme Court.Want to be part of our Blog Watch Community? Share your perspectives on current issues and contribute to the conversation. Look at it as an op-ed with links. Just register or if you just want to submit a guest post , submit your story. at email address contact at blogwatch dot tv

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“Impeachment is a political process not a political assassination. An impeachment aspires to be a judicial proceeding that makes imperative that it sticks to judicial rules. Impeachments must ever uphold the due process that no citizen high or low can be denied. That is why we wear judicial robes… to listen, to ponder and decide like judges according to law. What started in the House was not an impeachment. For an impeachment is an accusation accompanied by necessary formalities, attended by the appropriate solemnities, flanked by the liberties and guarantees, that a genuine grand jury proceeding affords. The purpose is to arrive at a sound finding of probable cause sufficient to lodge a valid complaint, charging real offenses before the appropriate tribunal. The Senate is being asked to remove the Chief Justice from office all because he submitted an allegedly erroneous SALN. The Senate trial could be as close to a criminal proceeding in a court of law as non-lawyers can approximate, thus far are all the great authorities agreed.

What has happened is the passage that to which the Senate President once warned that we were veering close to a bill of attainder. A bill of attainder is a law passed by one house and approved by the other creating an offense where there was none. Inventing a crime out of actions, willful or not, that were innocent when they were performed. It is a legislative act of convicting an accused of acts that were not offenses in the very measure by which he is condemned, through a vote instead of a trial, on the basis of accusations taken as proof. I cannot imagine removing a Chief Justice on account of a SALN. Today, we are one step from violating the constitution and passing a bill of attainder. No one can stop us if we do not stop ourselves. This is not justice – political or legal. This is certainly not law, for sure it is not the law of the constitution. It is only naked power as it was in 1972. I haven’t thought that I would see it again so brazenly performed but for what it is worth, I cast my vote. If not for innocence falsely accused, of offenses yet to exist, and if not for the law and the constitution, that we were privileged to restore under Cory Aquino, then because it is dangerous not to do what is right. When soon we stand before the Lord, I vote to acquit.

Thank you.” – Senator JOKER ARROYOWant to be part of our Blog Watch Community? Share your perspectives on current issues and contribute to the conversation. Look at it as an op-ed with links. Just register or if you just want to submit a guest post , submit your story. at email address contact at blogwatch dot tv

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The Integrated Bar of the Philippines, the nation’s premier organization of lawyers, today described the the impeachment trial as a “triumph of the rule of law” and urged President Benigno Aquino II to start and lead the healing process to unify the country amid what it considered “deep wounds” and “fractious effects” of the impeachment process.

In a statement: Roan Libarios, IBP president, praised the Senate impeachment court for its handling of the impeachment trial, describing it has “fair and credible, even as the urged the Filipino people to accept and support its verdict on Corona.

“The Senate has spoken. While we continue to take exception to the impeachment process, as carried in the House of Representatives, we find the proceedings in the Senate as fair and credible,” Libarios said.

“As advocate of the rule of law, the IBP submits to the judgment of the Senate as consistent with the fundamental principle of rule of law,” Libarios said.

The IBP also urged the President to lead the healing process by taking initiatives to reform the country and finally stamp out corruption in various facets of national governance.

“We recognize the deep wounds and the fractious effects, which the impeachment trial has caused to many people and the various country’s institutions, including the judiciary. No less than the President, as leader and virtual father of the nation, should lead the healing process,” Libarios said.

“We have to move forward and learn the lessons the impeachment trial has given us,” Libarios said.Want to be part of our Blog Watch Community? Share your perspectives on current issues and contribute to the conversation. Look at it as an op-ed with links. Just register or if you just want to submit a guest post , submit your story. at email address contact at blogwatch dot tv

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All things came to a close on Day 44 of the Impeachment trial.

The Senators gave their votes in alphabetical order, with the Presiding Officer giving the last vote. The Senators also voted in the proper sequence of the articles of impeachment. The time limit to explain the votes was removed given that this was a historical vote.

Of the eight Articles of Impeachment, the Senators only had to vote for the remaining three, namely articles II, III and VII. Of the three remaining articles, it all came down to Article II, regarding the proper declaration of the Chief Justice’s SALNs.

It was obviously a difficult decision to make. Even those who voted guilty expressed how painful and difficult it was to render such a decision. Sen. Villar even said how he felt pity for Corona for having to undergo the process and how he thought Corona was a good man.

In the end, the majority voted a guilty verdict. Only 3 voted to acquit while 20 voted guilty.

Article II

“Failure to disclose to the public his statement of assets, liabilities and net worth as required under the constitution. The violation is a betrayal of public trust and/or culpable violation of the constitution.”

It came down to a debate between whether Article II constituted an impeachable offense or not. Those who voted guilty based it on the amount of money that was undisclosed, an analysis of the intent of the law, as well as the suitability of the Chief Justice to remain in office.

Guilty

Sen. Angara, who voted guilty, questioned whether the non-disclosure of his $2.4 million accounts and three accounts of P80 million is indeed an impeachable offense. For him, it is a “culpable offense” given that amount of the accounts and that he is the Chief Justice and should therefore know better. RA 6426 is meant to protect foreign investors and is not meant to be used by public officials to hide their wealth.

Violation of the spirit of the law

Sen. Peter Cayetano said our country is suffering from a cancer of corruption, wherein the standards are different for the rich and powerful from the poor. Corona should have protected the constitution instead of himself, and his interpretation was unacceptable. He summed it up as, “If you are not fit, you cannot sit.” He voted guilty with penalty to remove from office. However, he respects that Corona signed the waiver for transparency in government, which affects 1.3 million public officials.

Sen. Pia Cayetano stood by RA 6713 saying that it is not an exception to RA 6713, which is the code of conduct for public officials. The failure to declare millions in peso and dollars in cash is not a minor offense. Sen. Recto noted the incredible amounts not declared on the SALN. Sen. Enrile even reiterated that the use of the Foreign Currency law was grossly misapplied in the case of the Chief Justice.

Loss of moral credibility

Sen. Drilon voted guilty because in not declaring his assets properly in his SALN, Corona lost his moral credibility. For Sen. Escudero, there was no contradiction in the law while Sen. Guigona discussed the sacredness of the Constitution. Sen. Estrada felt Corona knew the law and the omission is impeachable.

Sen. Honasan asked the Chief Justice to step down since there is already doubt on his credibility. Sen. Lacson, Sen. Lapid, Sen. Legarda, Sen. Osmena, Sen. Pimentel, Sen. Revilla, Sen. Sotto, Sen. Trillanes all voted guilty. Sen. Pangilinan said there was a disturbing pattern of concealment in over a decade.

Acquit

For Sen. Arroyo, who voted to acquit, this particular impeachment proceeding “is not the law.” It is not enough to impeach a Chief Justice over a mistake in the SALN.

Once again, Sen. Defensor said her piece in the most vehement manner possible. For her, the “preponderance of evidence was not overwhelming.” She said that misdeclaration of the SALN is not an impeachable offense. She once again took the time to criticize the handling by the Prosecution of the case. “Strike me dead!” she screamed because in at least three instances, the Prosecution presented evidence from “anonymous sources.”

Sen. Marcos criticized the evidence and its manner of acquisition in the case. At the same time, he wanted to err on the side of being conservative. It should be taken that Corona acted in good faith and his misdeclaration is not an impeachable offense.

Accept the verdict

Corona has had his day in the Impeachment Court and we went through the process as mandated by our Constitution.

Filipinos must therefore accept and respect the verdict handed down by the senate. After all, we are the ones who voted for the Senators who happened to sit on the Impeachment Court.

Pulse Asia’s survey results show that six out of ten Filipinos will agree with the judgment of the Senators regardless of what their decision may be. The remaining four will only be satisfied with the verdict if it is the same as their own personal vote.

It’s over, but there’s still work to be done

After 44 days of trial, and now that the verdict has finally been handed down, we can only hope that the country will have some measure of peace. Sen. Escudero hopes that we can now all finally get down to business and work on the problems of the country.

After close to five months of trial, more than two hundred hours of trial, several testimonies, reams of documents presented, it is finally over. Sen. Escudero filed a bill to require all public officials to sign waivers and Sen. Alan Cayetano encouraged the highest officials of the land to sign their waivers now as a call for transparency.

Let’s all be glad that due process still works in the country. Sen. Trillanes said that “the system of checks and balances still works.” Regardless if the public agrees with the way the Senators voted, it is over and done with. However, it is very likely that the people agree with the overwhelming majority vote of the Senator Judges.

Perhaps now, we can once again focus on the laws needed in our country to address our many problems.Want to be part of our Blog Watch Community? Share your perspectives on current issues and contribute to the conversation. Look at it as an op-ed with links. Just register or if you just want to submit a guest post , submit your story. at email address contact at blogwatch dot tv

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THE IMPEACHMENT TRIALS – DAY 43, May 28, 2012
THE JUDGMENT COMES TODAY
By Wilfred Avila

Exactly forty-three three trials ago, it all began. Prior to that, there were those who wished that the Chief Justice of the Supreme Court would resign to spare everyone the tedious and long process of the Impreachment Trial. There were those, too, who protested that he should stand up and fight against the tyranny and power of those who would, they say, trample and destroy the Supreme Court and the Rule of Law.

Forces against forces, people against people, groups against groups, everyone became a legal expert. Each had an opinion and/or a guess as to what truth meant. It became their Bible according to themselves. In view of these individual opinions, friends were gained and other friends lost. The battle became personal and very real.

Against this backdrop of opposing views, lines were drawn and the battle was called. So many people would be drawn into this bitter fight. That it would be historical, escaped everyone at that time. Now, everyone realized that they were playing in the most historical judidicial moment in Philippine history.

The study of Law became the in-thing. The interest grew as the trial progressed from day-to-day. The interpretation of the law depended on who was mouthing it. The opinions varied according to whose side people were on.

Today, the end is in the forseeable future. Still the guesses went on unabated. Who would vote for what and why was the prevailing question. Some predicted the outcome of the trial for acquittal and others for conviction. Others prayed. Others hoped and still others wished. That anyone remained unperturbed and unaffected by the past 43 trial days is very true.

Amidst all of this, one man’s honor, integrity, position and power laid in the balance ….. the Chief Justice of the Republic of the Philippines, Renato Corona! Everyone who had nothig to say, said a great deal!

For the past 43 days of the hearing, the center of everyone’s lives became the Senate Hall. After everyone spoke, today there would be a marked difference. Only four people were going to speak (aside from the Sergeant-at Arms and Clerk of Court), the Presiding-Judge, the Majority Floor Leader, The Defense and the Prosecution.

This was to be the day where both sides were to convince the Senator-Judges and the people at large that the Chief Justice merited an acquittal or a conviction. All of the past days led to this singular moment, the final oral summation of arguments by both sides.

All 23 Senator-Judges were present in today’s session. However, the most opinionated and talkative people in the hall kept totally silent. The Presiding-Judge could not be kept silent. He immediately challenged the Chief Legal Counsel, former Justice Serafin Cuevas on his interview over DZBB where he stated that this case may be elevated to the Supreme Court.

Enrile stated that, We’d (the Senate would) just like to remind you… the Senate shall have the sole power to try and decide all impeachment cases.

Cuevas admitted that he was interviewed and that he replied of the possibility of this action in the future.

Senator-Judge Miriam Defensor-Satiago stood up to ask how sthe penalty be determined? She posed the question to the Presiding Judge and her co-Judges. The Senate can censure and/or reprimand Corona. In case of conviction, she wondered how the penalty should be determined?

The Presiding Judge brushed this aside and said they can clarify this in a caucus. Isn’t that the place where most things are swept under the rug?

Majority Floor Leader, Senator-Judge Vicente Sotto III opened the floor to the oral arguments but before anyone could do anything Senator-Judge Santiago asks court if they could ask questions after the closing arguments. Enrile said that they could but only after each speaker for the Defense and the Prosecution were finished with their presentation.

Lead Prosecutor, Representative Niel Tupas, Jr. said that the order for the final arguments would be the prosecution, defense, prosecution, defense, prosecution and that this was confimed with the Defense earlier.

“Day of reckoning is here,” Tupas began. We meant not to destroy a man but to destroy the evils that plague our system. “This trial is about our people’s desire to regain greatness. Corona must answer to the people for his wrongs. Sa three articles, kumbinsido kami di dapat manatili sa pwesto si CJ Corona. Corona LIED in SALN to conceal enormous wealth, peddled position in exchange for material gain, loyalty not with Filipinos. He (CJ) peddled his position of power in exchange for material gain. It has led us to the truth that his loyalty does not lie with the Filipino people.”

“SALN requirement must be required with truthfully, completely, accurately, in good faith. Best evidence is SALNs of the Chief Justice,” Tupas continued. “He did not declare the acquisition cost, just the fair market value. It has nothing to do with computation of net worth. Corona’s treasure trove of cash deposits can put a king’s fortune to shame,” he added.

The Chief Justice showed nothing to prove that he got his money from savings. Hindi na halaga ang pinag-uusapan. Ang tanong: nasa SALN ba ang mga ito? He DID NOT declare all cash assets in SALN. Corona’s intepretation of Foreign Currency Act is very disturbing. No conflict between SALN and the law on secrecy, he screeched. SALN law is for public officials. There is no distinction between peso and foreign accounts. Law on secrecy is for banks.

To adopt the Chief Justice’s interpretation leads to dishonesty in goverment and hidden wealth in government. The Chief Justice is expected to have superior legal wisdom. SALN requirement must be complied with truthfully, completely, accurately, in good faith. Best evidence is SALNs of the Chief Justice. YES, both betrayal of public trust and violation of the Constitution. It’s deception of the highest order, Tupas stressed. The Chief Justice’s violation is intentional, judging by magnitude of inaccuracies, omissions in SALN, hundreds of millions. Honest public servant will have no difficulty in presenting evidence to prove credibility. Dishonest only makes excuses.

Is the Chief Justice morally fit to remain Chief Justice of the Supreme Court? This goes into the core of a man’s character. Pagkatao po ang pinag-uusapan dito. We have done our part as prosecutors, as keepers of the people’s trust. No matter what outcome, we contributed to the nation. Impeachment is about setting right what is wrong. It’s up to the Senator-Judges to restore greatness. Decide in favor of truth. Let us be done with Chief Justice Renato Corona.

Just a question her. Has Tupas gone through his puberty already? His voice changes at every turn and there’s an annoying high pitch to it. Was he the best speaker for the opening salvo of the Prosecution? Sorry, he was never a good speaker, to begin with!

It was now the turn of Defense Lawyer Eduardo delos Angeles to deliver the Defense’s opening in the closing arguments for the Defense Panel.

Our constitution provides under the bill of rights, the right to privacy and right to information. RA 6426 provides that all foreign deposits are ABSOLUTELY CONFIDENTIAL except upon written waiver of depositor. Unless bank secrecy act is amended or repealed, confidentiality must be observed”, Delos Angeles began. “Exception must be LEGISLATED. In case of doubt, confidentiality of bank accounts should be favored,” he continued and began to cite jurisprudence.

“We cannot hold the Chief Justice liable because he believes, in all GOOD FAITH, in the absolute confidentiality of foreign deposits,” he stressed.

On the earlier argument of Senator-Judge Franklin Drilon, Delos Angeles said that “Let’s not mistake the Chief Justice’s interpretation for the possibility of abuse. No showing that non-declaration of dollar accounts is tainted with malice. The Chief Justice assumed reliance on law is not wrong,” he argued. There is a gap in law; confidentiality of dollar deposits vis-a-vis disclosing assets. It is not the practice to disclose dollar accounts.” He further notes that BIR Director Martinez’s statement that gov’t officials don’t declare their dollar deposits.

“There is no Supreme Court ruling that squarely applies to confidentiality under RA 6426 with respect to SALN. Repeal or amend law, don’t hold Chief Justice answerable for his interpretation prior to a Supreme Court ruling. There is no liability. Just because he is CJ doesn’t imply he gets less in law than anybody else. Non-disclosure in SALN will NOT AMOUNT TO IMPEACHABLE OFFENSE,” he underlined.

“Impeachment of high government officials should be based on nothing less than HIGH CRIMES like treason. Betrayal of public trust must be based on serious crime with high penalty, not MINOR breach of law. The Chief Justice is not even accused of ill-gotten wealth. Chief Justice is bound by the Supreme Court resolution barring disclosure of SALN. Peso holdings of the Chief Justice were disclosed. Other peso accounts don’t belong to him but to his children and in trust for BGEI.”

“The Chief justice relies on principle that what he does not own, he does not declare. He can’t be held liable. He can’t be held liable for violating constitution, betrayal of public trust. It requires deliberate intent. Not every violation of public trust is impeachable. His failure to declare dollars is not an impeachable breach of trust. The only fine for the Chief justice is fine not exceeding P5,000 and imprisonment not exceeding 5 years. Far from treason.”

“All the Chief Justice can do is to correct his SALN, not to punish him, much less remove him from office. We’ve witnessed unusual rubberstamping of House and lawmakers who did not even read the complaint. There is clear intent to control the judiciary. Do away with checks and balance. Cadence of actions implies conductor,” he added.

“Let not the Senate allow the guillotine to fall on the judiciary. We saw lack of damning evidence vs the Chief Justice. He has legal basis. The Chief Justice raised the bar for all public officials. He waived confidentiality of bank accounts, set transparency standards. He has always spoken with voice of reason, voice of the law, voice of truth. The innocence of the Chief Justice arises from his conduct. Wholly consistent with a clear conscience. Corona has proven why he is the Chief Justice,” he concluded.

I do have a problem with Attorney Delos Angeles. He is too stentorian and laid-back in his approach to be a trial lawyer. He almost led me to take my afternoon nap. That he is a learned man is undeniable but he could use a little more flair, I think. Atty Delos Angeles is the former President of the Philippine Stock Exchange and former Dean of the Ateneo Law School.

The Prosecution took its turn at the podium again, this time with the very colorful Prosecutor-Representative Rodolfo Fariñas. His colorful hair equally signaled his impending colorful appearance for the Prosecution.

As if to prove my point, Farinas started with the word, “Palusot! Ito lang ang tanging paraan para mabawi ng taumbayan ang opisina na ipinagkaloob sa kanya. Chief Justice Corona graduated from Ateneo in 1970 and law school in 1974. He graduated HS in 1966. The dollar exchange of 2×1 could only be in 1948-1959. He wants us to believe he was such a visionary he started buying dollars that early. Maliwanag na palusot at pagsisinungaling sa Senado.

Sa 1987 Constitution, dapat ilahat all assets such as investments, cash in hand, in banks, stocks, bonds. Very clear po. Pwede mo naman i-convert ang dollar sa peso. You don’t have to say it’s in dollars. Kaya lang si Chief Justice ay nagpapalusot sa RA 6426. Napakasamang interpretasyon nito. Lahat pwede na lang bumili ng dollar para di ideclare. Ang mga sinasabi ni CJ about 6426 ay palusot. Hindsight lang po yan kasi nahuli, nahuli po.”

At this time, Farinas started to trendt in both Twitter and Facebook. No arguing the fact that he is a colorful character and may have been the best speaker for the Prosecution, bar none!

“Pang-apat na palusot ni Chief Justice ay ang P80M dahil commingled o halo-halong pondo. Bakit sa kanya lang nakapangalan? Ang anak niyang nasa US, bakit sa peso nag-iipon? Hindi ho, nahuli lang iyon ang hawak niya. Mga palusot di nagtugma. We tend to contradict ourselves if we don’t tell the truth,” Farinas continued. “Sana nagpakita ng passbook na, ‘Grade 6 pa ho ako nag-iipon na ho ako.’

Sabi ni Chief Justice na ayaw niya ng property investment pero binebenta niya ang property sa mga anak niya. Palusot na lang niya,” he stressed. As if tyo ask himself, Farnas asked, “Why did the Chief Justice declare his properties in his 2010 SALN? Kasi po nagbago ang presidente eh. Kung ganun kadami ang pera ni Chief Justice, bakit umutang pa sa BGEI? Bakit ka pa magbabayad kung sa iyo rin ang pera? Kalokohan yun,” he added with a smirk.

Fariñas then cited his professor at one time at the Ateneo Law School, Dean delos Angeles. He cited Corona’s opinion on impeachment. ‘Impeachment is neither civil nor criminal.’ Wag niyo pong palusutin si Chief Justice Corona. Ginintuang pagkakataon ito. Dapat 2-step: House, Senate.” Ang presumption po kung sobra ang pera sa iyo, iyan ay galing sa di maganda na paraan. Wag tayong magpadala sa palusot!”

Corona should not just be given his wish to be excused. He should be REMOVED as Chief Justice of the Republic of the Philippines,” Farinas conculded. That Farinas was truly effective cannot be denied. He has consistently presented his position with flair and an impish smile that truly makes him truly worthy of his being a bar-topnotcher.

He even ended his appearance with an Ilocano statement thanking the Senate President and the Senator-Judges. The Presiding-Judge replied, answering him in Ilocano too, “Thank you for your kind words. You are truly good.” Oh well.

Defense Counsel, Attorney Dennis Manalo too his turn at the podium to reply to Farinas. “The question is not WHY but WHY NOT? Why did they not choose to cross-examine Chief Jucstice and pose these questions to him?,” he opened. “The stated real properties was not really 45. It’s only 5 and all were reported. Are we going into timing when the Chief should have reported this? Witnesses say CJ had issues with the unit. This was GOOD FAITH,” he added recalling the evidence that have been presented so far.

‘The testimony of the Ombudsman is hearsay. AMLC officer who prepared that was never presented in court. AMLC refused to testify because there is NO COURT ORDER allowing that inspection. That’s very clear in law. Unlawful activities is needed for AMLC to inspect bank records,” he challenged.

“Did anybody take up the challenge of the Chief Justice? Nobody because the Chief Justice was able to show his interpretation followed by public officials. We are all surmising, kaduda-duda ang movement ng pera. Bakit hindi pinatunayan. We never decide cases based on doubts,” Manalo continued. “Can Senate declare Foreign Currency Law unconstitutional? Cases involving constitutionality of law shall be heard solely by the Supreme Court,” Manalo continued.

“Isn’t that greatest contradiction for the Senate to declare that its own law unconstitutional? Galing po sa inyo ang batas,” Manalo stressed. “If the FCDA is unconstitutional, you can’t apply it RETROACTIVELY, he stressed.

Manalo now trained his guns on Tupas’ claim that Chief Justice peddled his position for material gain, “That is a lie. The Supreme Court is a collegial body. Do not blame the Chief Jusice, Congressman Tupas. Dissenting opinion of Justice Sereno can’t be sustained, not binding!” On this note Manalo concluded his statement.

By far to me, Attorney Dennis Manalo was the best representative for the Defense Panel. He was certainly the best to answer Farinas. Both are colorful. Both presented their arguments with flair. Manalo strongly argued his case and stressed the points for the Chief Justice effectively. He also began to trend in Twitter and Facebook. A classic quid-pro-quo.

With the remaining minutes for the Defense Panel, Lead Counsel Serafin Cuevas took the podium and stated that there was no question on the existence of FCDA. Question is the allegation that this law is in violation of the Constitution. “I don’t know of any case in the Supreme Court saying that FCDA is unconstitutional. Law remains valid unless there is a pronouncement by the Supreme Court, he opened.

“Entire annals of political constitutional jurisprudence will not yield answer to effect FCDA’s being declared unconstitutional,” he stressed.

No court order or criminal activity warranted the AMLC to probe Corona’s bank records, Cuevas said. He then reiterated De los Angeles’s statement that the remedy is to amend the law and not to remove the Chief Justice.

Speaking on Fariñas’ speech, Cuevas said that the Chief Justice was at the Senate. He was available for cross. If he doubted credibility, they should have asked him, he stressed. There was no statement on record by the Chief that he started buying (dollars) when he was still an undergraduate. Not malicious and certainly not subject to impeachment proceedings, Cuevas said.

Cuevas clarified that the case of judicial official who did not declare market stall not comparable to the Chief Justice’s case. That’s not an impeachment case. If not an impeachable offense, then why are we building up matters after matters to the prejudice of the Chief Justice and his family?

On the $10M, Cuevas stated, that none of the complainants mentioned that. Papers from AMLC have no proper attestation, only initial. That being the case, it is non-admissible. On the Ombudsman’s papers, he asked that if not admissible as evidence, what probative value does it have? It’s totally useless and irrelevant. It’s not job of defense to have Ombudsman papers authenticated.

Cuevas then repeated the challenge on the validity of the impeachment complaint and said that it was never verified. He stressed that it doesn’t say that the 188 read it. “We are in total conformity with Chief Justice Panganiban on the issuance of observance of due process during initiation of impeachment! To us, we noticed the blitzkrieg maneuver that accompanied filing of information.” He stressed that the Chief Justice was denied due process. “We pray na sa aming pagdulog sa hukumang ito, dumulog sa Maykapal, kung maari tanglawan niyo pag-iisip ng mga senador, he said.”

Concluding, Cuevas invokes God and the Filipino people to look at the truth and nothing but the truth! It is at this point that we must say that Cuevas did a yeoman’s job of steering the defense of Chief Justice through its ups and downs. That he is respected by the entire panel added to the lustre of everyone’s performance in the Defense. That he is also respected by the Senator-Judges is an added plus.Want to be part of our Blog Watch Community? Share your perspectives on current issues and contribute to the conversation. Look at it as an op-ed with links. Just register or if you just want to submit a guest post , submit your story. at email address contact at blogwatch dot tv

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