By VERA Files
THE Senate sitting as impeachment court voted overwhelmingly to convict Supreme Court Chief Justice Renato Corona, finding him guilty of culpable violation of the Constitution for his failure to declare all his assets in his Statement of Assets, Liabilities and Networth (SALN).
The senator-judges voted 20 to 3 convicting Corona under Article II of the Articles of Impeachment which accuses him of faliure to disclose his assets in his SALN. Voting on Articles III and VII was dispensed given the conviction on Article II.
The Senate vote is historic–Corona is the first Chief Justice to be impeached and convicted. His impeachment trial was the first one to run its course and result in a conviction.
The only other impeachment case to reach trial was that of former president Joseph Estrada, which was cut short when private prosecutors walked out when majority of the senators voted against the opening of an envelope containing his bank record. The ensuing people’s power revolution, the second in the country’s history, led to Estrada’s resignation in January 2001.
In a statement issued to the media from Medical City, where he has been confined since Tuesday last week, Corona said he was saddened by the Senate’s decision but would accept his fate if this would be good for the people. He also called for an end to personal politics in order to focus on national concerns.
The Chief Justice also thanked Arroyo, Defensor-Santiago and Marcos, who voted his acquittal, for withstanding what he said were great pressures to undermine the independence of the judiciary.
Malacanang called the Senate’s verdict a major step in restoring public confidence in the judicial system.
“Our democratic institutions have been strengthened and have been proven to work,” Deputy Presidential Spokesperson Abigail Valte said in a press statement. “Mr. Corona is merely the public face of the things that ail our justice system. Let us never forget that those who come to court, be they rich or poor, must do so in the expectation of receiving impartial justice from those who uphold both the spirit and the letter of the law.”
The senators based their votes mostly on Corona’s testimony on May 25, when he revealed he had $2.4 million dollars in four foreign currency account deposits and more than P80 million in three peso accounts which he said he purposely excluded from his SALN.
Most of the senators said they disagreed with Corona’s argument that he was bound by the Foreign Currency Deposit Unit Law from including his dollars deposits in his SALNs. Corona had also said he could not declare his peso deposits because they were “commingled” funds belonging to his children as well as funds from Basa Guidote Enterprises Inc., the company owned by his wife and her relatives.
“I maintain that the constitutional principle of public accountability under Article 11 of the Constitution overrides the absolute confidentiality of foreign currency deposits,” said Senate President Juan Ponce Enrile who voted to convict.
Article 11 is the provision of the constitution that says a public office is a public trust. Section 17 of that Article says: “A public officer or employee shall, upon assumption of office and as often thereafter as may be required by law, submit a declaration under oath of his assets, liabilities, and net worth.”
“I believe it is our duty to resolve this (moral) dilemma in favor of upholding the law and sound public policy in this country. If we were to agree with the Respondent that he was correct in not disclosing the value of his foreign currency deposits because they are absolutely confidential, can we ever expect any SALN to be filed by public officials from hereon to be more accurate and true than they are today?” Enrile said.
Although he voted to convict, Enrile admitted he was frustrated with the prosecution which he said taxed the patience of the court for presenting a flawed case, filing Articles of Impeachment that were loose and hastily crafted, with accusations that were sweeping and lacking in details. He also criticized the prosecution for the dubious manner in which it obtained documents.
Enrile chided the prosecution for its penchant for trial by publicity and using the media to “provoke and disrespect the courts.”
He said he believed the defense was able to refute the prosecution’s evidence regarding the bloated number of real estate properties, and that there was no ill intention to understate the value of Corona’s real properties.
Meanwhile, as a result of Corona’s challenge for other officials to sign waivers that will allow scrutiny of their bank deposits, at least three senators—Alan Peter Cayetano, Francis Escudero and Aquilino Pimentel III—said they were willing to sign such waivers and encouraged other officials to do so.
Below are excerpts from the senators’ explanation of their votes.
I may grant the chief justice’s plea of honest mistake of judgement but given his broad experience in public law and practice in investment advisory services, this wilful and deliberate omission together with the magnitude of the amounts involved amounts to culpable violation.
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, this is certainly not the law and the Constitution; this is only naked power as it was in 1972.
I have not thought that I would see it again so brazenly performed, but for whatever 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 shall stand before the Lord.
Sabi ng iba, mabait si CJ Corona. Sabi ng iba hindi siya notorious sa Supreme Court. Kilala din namin siya at mabigat sa amin ang desisyong ito.
Some describe him as decent. Kaya sabi ng iba sa akin, mag-abstain ka na lang. Kasi kumplikado naman ang batas, kumplikado naman ito. This is my reply to them, with all due respect, “If your client cannot explain, I cannot abstain.”
If you did not disclose, we have to depose. If you are not fit, you cannot sit.
You will have your day in court. You will have your day in media. Ngunit sa impeachment case, ang pinag-uusapan po natin ‘yung kabutihan ng ating bansa.
As a lawyer, to me, minor inaccuracies in the SALN, such as parking lots or a unit whose ownership is under contention, would not amount to betrayal of public trust. In fact corrections are allowed under the law. But, the failure to declare 2.4 million dollars and some P80 Million pesos is not minor… I also have difficulty accepting the defense on comingled funds. The fact of comingling, I can accept that but the huge amount involved leaves too much doubt in my mind.
Sen. Miriam Defensor-Santiago:
As a former RTC judge, I find it reprehensible that the AMLA document was introduced in evidence, without authentication, as required by the Rules of Evidence. I am deeply disappointed that on at least three occasions, the prosecution claimed that its documents came from an anonymous source. Are you for real? Falsus in uno, falsus in omnibus. False in one thing, false in all things.
The defendant used his own name in all his questioned transactions. 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?
Assuming for the sake of argument that there is a preponderance of evidence for the prosecution, the preponderance is not overwhelming.
The Supreme Court dismissed Delsa Flores, a lowly court interpreter, for not reporting in her SALN her stall in a public market.
The Chief Justice must be held to a much higher standard.
Those who dispense justice must conform to the highest standards of professional integrity, and personal honesty. Chief Justice Corona knowingly, deliberately, and with malice aforethought, filed inaccurate and false SALNs to conceal his enormous wealth. Where our Constitution and our laws require disclosure, he chose the path of concealment. He has lost his moral fitness to serve the people. He has betrayed the public trust. He cannot be Chief Justice a minute longer.
Para sa akin, maliwanag ang mga batas natin at di ito nagbabanggaan. Ang pinagbabawalan ng FCDU law na mag-release ng impormasyon ukol sa dollar deposits ay ANG MGA BANKO AT DI ANG DEPOSITOR. Samantala, ang KONSTITUSYON at R.A. 6713, pinag-uutos na ideklara ng lahat ng opisyal ng pamahalaan ang LAHAT NG KANILANG YAMAN AT PAGKAKAUTANG. Kung ayaw mo ito ideklara, eh di huwag kang tumakbo para sa, o tumanggap ng anumang, pwesto sa pamahalaan. Subalit kung ikaw ay nasa pamahalaan, kelangan mo itong ideklara.
Sen. Jinggoy Ejercito Estrada:
It was argued by the defense panel that the non-inclusion of dollar deposits by the Chief Justice in his SALN was made in good faith and is covered by the provision of absolute confidentiality under the Foreign Currency Deposits Act. I regret to say that I am not convinced. Because the Chief Justice is a learned man of law. He is in fact, the Chief Justice of the Supreme Court – isang opisyal na hindi lamang malalim ang kaalaman sa batas, kundi isang opisyal na may tungkuling basahin kung ano ang ibig sabihin ng mga batas. Bilang Punong Mahistrado, siya ay dapat na may higit na kaalaman at pag-unawa sa diwa ng batas at tungkulin niyang ipatupad ito nang walang bahid na pagtatakip sa pansariling interes. And I believe that the framers of the Foreign Currency Deposit Act did not intend to create the opportunity for public officials to conceal their assets or stash away foreign currencies under this law.
I therefore make this painful decision with a heavy heart but confident that we have given justice to our people. Sa kadahilanang ito, wala akong pag-aalinlangan ngayon na ang nasasakdal ay nagkasala at lumabag sa itinadhana ng ating Saligang Batas. Sa wikang Ingles, in my eyes, he is guilty.
Ginoong Pangulo, sino po ba ang inaasahan ng ating bansa at lipunan para maging pangunahing tagapagtanggol ng Saligang Batas? Hindi po ba’t ang Korte Suprema?
Anong aasahan nating pagtatanggol kung ang mismong pinuno nito ang unang humahanap ng butas na babaluktot dito sa ating Saligang Batas?
Ang Saligang Batas ay sagrado. Anumang paglusot sa mga utos nito; anumang pagbaluktot dito ay paglabag at pambabastos sa pinakamataas na Batas ng bansa.
The Constitution, above all.
From the beginning of this trial I have been looking for a reason to acquit, based on compassion, based on the basic precept that a man is innocent until proven guilty beyond any reasonable doubt. And based on my own personal experience, I know what it is like to have my family maligned and to be deprived of due process.
That being said this trial is not about personalities, emotions or partisan politics. This is about judging, whether the highest magistrate in the highest court of the land is fit for the job.
What is clear is that based on the doubts cast on his capability to dispense justice and to do his duty. He is no longer fit to preside the highest court in the land.
Ang malinaw po ngayon, ay may duda na sa kakayahan ng ating punong hukhom. Doubt is the opposite of faith and faith is the source of hope. Doubt does not happen in our brain where reason lives but in our hearts where our moral compass rests.
I have always been an investigator all my public service life. Modesty aside, I have the uncommon ability to determine if a person is telling the truth or not.
An error in judgment has no place in this trial because it is final and irreversible. Equally important to me is the testimony of the respondent, particularly in this case, because the exalted position of the highest magistrate of the land must shut its door to anyone who desecrates the solemn oath that engulfs a testimony in any judicial proceeding.
Kaya noon pong nagsasalita si Chief Justice Corona, nagsusumbong sa taumbayan, awang-awa po ako sa kanya. Akala ko totoo ang sinasabi niya. Hindi pala. Mas pinaniwalaan ko pa si Cong. Farinas nung nag Powerπoint dito.
If we acquit the chief justice, we would tragically lft the floodgate for public suspicion and widespread distrust on the highest institution of our judicial system. We also lower the bar of public accountability of government officials. It was not easy, it is painful but we must do it.
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.
In Rabe vs. Flores, for example, the Supreme Court ruled that a simple, humble Court interpreter in Davao del Norte had to be dismissed from service because she had failed to disclose in her SALN that she had rented a market stall in the PANABO market. The High Court also ruled that Ms. Flores was perpetually disqualified from holding public office.
I went a bit further and posed a hypothetical question to myself. If the Court had been supplied with a bank passbook of Ms. Flores which showed a deposit of $10,000 which had not been reported in her SALN, would the Court’s ruling have been the same? Dismissal and perpetual disqualification?
My plain, ordinary, legally untrained but reasonable mind tells me “yes”, the Supreme Court would have ruled similarly.
If these public officers had been dismissed from office for failing to declare far less remarkable and less valuable assets in their SALN’s, despite and regardless of their excuses, then there is more reason to apply the law when the assets in question amount to over P180 million.
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.
Ang patakarang pinatutupad para sa pangkaraniwang empleyado ng gobierno ay dapat ding ipatupad sa punong mahistrado, sa pagkat tayong lahat ay pantay-pantay sa ilalim ng batas. Ang batas para kay Juan ay batas din para kay Renato.
Senate President Juan Ponce Enrile:
I am not oblivious to the possible political repercussions of the final verdict we are called upon to render today. I am deeply concerned that the people may just so easily ignore, forget, if not completely miss out, the hard lessons we all must learn from this episode, instead of grow and mature as citizens of a democratic nation.
Those whose intentions and motivations may be farthest from the lofty ideals of truth and justice are wont to feast upon this man’s downfall should this Court render a guilty verdict.
I am equally aware of the tremendous pressure weighing heavily upon all the members of this Court as we had to come to a decision on this case, one way or the other.
But to render a just verdict according to my best lights and my own conscience is a sacred duty that I have sworn to perform.
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.
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 Statement of Assets, Liabilities and Net Worth constitutes a culpable violation of the Constitution.
In the case of the Chief Justice’s SALN, the undeclared assets are so huge, 50 times more than what he declared in cash – 2.4 million in US dollar deposits, 80 million in peso deposits – that they cannot be brushed aside as innocent exclusions.
The very same Constitution that he had sworn to obey and uphold makes it mandatory for a public officer like him to submit a true declaration under oath of his assets, liabilities and net worth.
Mr. Corona knows this because in cases brought to the Supreme Court, he had punished his fellow government workers for failing to disclose far lesser amounts.
And now, as we have concluded this very divisive impeachment exercise, I hope that this is already indeed the conclusion.
It is now time for our people and our nation to move forward. We must now set aside the hurt, our partisanship, and our differences so that we can unite and work together.
Ang pulitika, dapat 90 days lang sa nasyunal, at 45 days lang sa lokal. Pagkatapos niyan, wala na munang parti-partido kung ang pinag-uusapan ay ang kapakanan ng bayan.
Ang tunay na hukom sa paglilitis na ito ay ang taong bayan. Nadinig nila ang dalawang panig. Tulad namin, hindi sila lahat abogado. Ngunit ang kapangyarihan ng demokrasya ay nasa kanilang mga kamay. In my conscience I have heard their decision. And for them, I vote guilty.
(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.
Ang desisyon ko po ay base sa kanyang inamin na kanyang pag-aari. Ito po ay ang $2.4 million at iyung P80 million. Dito po medyo ako nahirapan dahil alam po naman natin na ang posisyon po ng pangunahing mahistrado ng ating Korte Suprema ay siyang merong pinakamataas na batayan ng integridad.
Nabalitaan ko po iyong isang empleyado na nahatulan dahil hindi nagdeklara ng kanyang tindahan. Nahirapan po ako diyan. Bagamat mabigat po sa aking kalooban, talagang naniniwala kasi ako na dapat ideklara ang FCDU account dahil iyon ay pag-aari pa rin.
