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Senate may still assess Corona’s ‘ill-gotten’ wealth

MANILA — The senator-judges hearing the impeachment case against Chief Justice Renato Corona may still discuss the chief magistrate’s alleged ill-gotten wealth despite Wednesday’s ruling on the nature of Article 2 of the impeachment complaint.
Senate President Juan Ponce Enrile, after a caucus of senators earlier Wednesday, said the Senate will allow prosecutors to try to prove that Corona owns properties that he did not disclose but will set aside, for now, any discussion of ill-gotten wealth.
“Ill-gotten is a conclusion, so they have to present evidence. That’s why the factual matter that requires evidence is in paragraphs two and three,” Enrile said after the day six of the impeachment trial adjourned at 5:15 p.m.
Under Article 2 of the impeachment complaints, paragraph 2.2 refers to Corona’s failure to disclose to the public his statement of assets, liabilities and net worth (SALN) while 2.3 questions the respondent’s non-inclusion in his SALN some of his properties.
Under paragraph 2.4, the prosecutors accused the respondent of having accumulated ill-gotten wealth, acquired assets of high values and keeping bank accounts with huge deposits.
The Senate ruled Wednesday that the Article 2 will only deal with the alleged non-disclosure of net worth and not on the allegation of ill-gotten wealth.
Presentation of evidence on allegations that the Chief Justice accumulated ill-gotten wealth was barred after the defense argued Wednesday the allegation was not properly made and was based on reports and suspicion, not facts.
“Considering that paragraph 2.4 is deemed unwritten, any evidence related thereto is inadmissible, irrelevant, and improper,” defense lawyer Jose Roy III said in the motion.
Also on Wednesday, Enrile allowed the prosecution to introduce documents, through Bureau of Internal Revenue (BIR) commissioner Kim Henares, including certificate authorizing registration of the properties purchased and sold by Corona and wife Cristina.
Enrile said evidences for paragraphs 2.2 and 2.3 were allowed because these are connected in the 2.4. “So whether these unreported and excluded assets are ill-gotten wealth or legally-gotten wealth, they’ll have to be decided once the evidence of the assets is already evident,” he said.
“On the assets not included, they (prosecutors) have to prove it and that’s what they are doing now. Now, if it is legally-gotten, or illegally-gotten, that’s the conclusion. They have to show basis that he (Corona) has bank deposits and which bank and not subpoena the bank without evidence,” Enrile said.
The prosecution panel on Wednesday requested the Senate impeachment tribunal to issue a subpoena to five bank officials and to have them bring the monthly bank statements of Corona and his wife, Cristina.
The request for subpoena is still in connection with Article 2 of the impeachment complaint.
But a motion to block a request from prosecutors to subpoena Corona and his wife’s bank records to be used to prove ill-gotten wealth was also filed Wednesday.
Requested to attend Thursday’s trial are managers of the Bank of the Philippine Islands (BPI)–Ayala Avenue branch, Makati City; and Rizal Commercial Banking Corporation, Katipunan Avenue branch, Quezon City.
The prosecution also requested the presence of the presidents or authorized representatives of the main branches of the Philippine National Bank, Land Bank of the Philippines, and BPI.
Spokespersons for the prosecution team earlier said impeachment trials are exempted from the Bank Secrecy Law.
Section 2 of the Bank Secrecy Law provides that “all deposits of whatever nature with banks or banking institutions in the Philippines, including investments in bonds issued by the Government of the Philippines, its political subdivisions and its instrumentalities, are hereby considered as of an absolutely confidential nature and may not be examined, inquired or looked into by any person, government official, bureau or office, except upon written permission of the depositor, or in cases of impeachment, or upon order of a competent court in cases of bribery or dereliction of duty of public officials, or in cases where the money deposited or invested is the subject matter of the litigation.”
The Senate impeachment court directed both parties last week to submit their positions on what should be covered by Article 2.
The prosecution, on Wednesday morning, said allegations of ill-gotten wealth should be included in the trial because “the significance of the truthfulness of the contents of the (Statement of Assets, Liabilities, and Net Worth) cannot be overemphasized.”
Defense lawyer Tranquil Salvador III said the prosecution will likely try to “stitch together” evidence to point to undeclared properties that will create “a presumption of ill-gotten wealth.”
The panel has been marking as evidence Corona’s SALNs, land titles under his and his relatives’ names, and planned to present tax records to show ill-gotten wealth.
Asked by senator-judge Ralph Recto, Henares told the impeachment court that Corona did not personally file income tax returns (ITRs) from 2002-2010 because he was included in the “alpha list” because he was termed by the BIR as local employee of the SC.
Based on the alpha list, Corona has been deducted with income tax return from 2006 to 2010 ranging from P465,000 to P657,755.57.
Henares said Corona’s wife Cristina had no tax record except in September 9, 2003 when she paid tax for property transaction for La Vista property involving P11 million.
The rest of Henares’s testimony was markings of the certificate authorizing registration of the Corona’s properties, which already listed in his SALN.
Unable to finish the markings, the prosecution has asked the court to direct Henares to continue the markings on Thursday morning.
With the presentation of Henares as witness with the permission of President Benigno Aquino III, Enrile described the sixth day of impeachment trial as “very smooth.” (Kathrina Alvarez/Jonathan de Santos/PNA/Sunnex)

http://www.sunstar.com.ph/manila/local-news/2012/01/26/senate-may-still-assess-corona-s-ill-gotten-wealth-202598

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