‘MANO PO’ Retired Supreme Court Associate Justice Serafin Cuevas, head of the defense team, appears amused as Mario Bautista, a private lawyer of the House prosecution team, kisses his hand before the start of the impeachment trial at the Senate on Thursday
House prosecutors accusing Chief Justice Renato Corona of amassing ill-gotten wealth on Thursday showed evidence that he had undervalued his properties in his officially declared assets.
Based on his statement of assets, liabilities and net worth (SALN) submitted to the Senate on Wednesday, Corona’s net worth was P14 million in 2002, jumping to P22 million in 2010 when he became chief magistrate.
The documents introduced Thursday showed that Corona declared a property at the swank La Vista in Quezon City at P3 million when it was bought for P16 million; the Bellagio penthouse in Taguig at P6.8 million acquired for P14.5 million; a unit in the Ridge, also in Taguig, at P2.3 million bought for P9 million; the Burgundy condo in Quezon city at P921,000 taken at P2.5 million; and the Columns condominium in Makati P1.2 million that was purchased for P3.5 million.
But the prosecution was also put on the spot over questions on whether the properties shown in the documents carried to the court by officials of the Register of Deeds in Taguig City and Quezon City were related to any of the eight articles of impeachment against Corona.
Senator Francis Escudero told prosecutors from the House of Representatives that Article 2 of the verified complaint was taking Corona to task only for his alleged failure to disclose to the public his SALN.
“As a judge, I am at a loss on Article 2, to be honest,” he manifested in Filipino on the fourth day of the impeachment trial.
Escudero said the second article of impeachment accused Corona of “three separate acts” when each article in the complaint “must accuse the respondent of a singular, separate act.”
Besides the alleged nondisclosure of SALNs, the verified complaint said: “It is reported that some of the properties of respondent are not included in his declaration of his assets, liabilities and net worth, in violation of the Antigraft and Corrupt Practices Act.”
Alleged vagueness of Article 2
Also under Article 2 is the allegation that “respondent is likewise suspected and accused of having accumulated ill-gotten wealth, acquiring assets of high values and keeping bank accounts with huge deposits.”
Minority Leader Senator Alan Peter Cayetano also expressed misgivings on the same Article 2 and particularly pointed out the words “reported” and “suspected” in the particular charge. He asked whether the presentation of Corona’s SALNs to the impeachment court on Wednesday would put the matter to rest.
“I’m trying to figure out what the prosecution is charging the Chief Justice [with],” he said.
Senate President Juan Ponce Enrile ordered the prosecution and the defense to submit their respective legal memorandums, stating their position on the alleged vagueness of Article 2. But he also mentioned that “the ultimate fact to be considered here is the issue of disclosure (of the SALNs).”
Condominium certificates
Randy A. Rutaquio and Carlo Alcantara, heads of the offices of the Register of Deeds in Taguig City and Quezon City, respectively, submitted certified true copies of condominium certificates of title (CCT) under the name of Corona, his wife Cristina and their children.
Rep. Elpidio Barzaga said the controversial 303.5-square meter penthouse in The Bellagio Goldview Residences in Taguig that indicated Megaworld Corp. as the seller and the couple as the buyer was covered by CCT 19497. The House prosecutor said that the property included three parking slots.
“The selling price indicated in the deed of absolute sale is P14,510,225. The deed is dated Dec 16, 2009,” the prosecutor said.
At this point, Cuevas moved “to strike out all subsequent manifestation from counsel” related to the properties.
“I’m very sure this is no longer in connection with SALN but rather of a different aspect of the impeachment complaint, which is the alleged acquisition of ill-gotten wealth. We made this manifestation. We have a standing objection,” he reminded the court.
Cuevas said paragraph 2.4 of the impeachment complaint accused Corona of “having allegedly acquired ill-gotten wealth [and] assets of high value and keeping bank accounts with huge deposits.”
“I said there could be no evidence that could be admitted regarding ill-gotten wealth. Allegation of suspicion does not suffice in the rules of pleadings. Therefore, there can be no acceptance of evidence. That is jurisprudence,” he noted.
“In this particular instance, how do we determine sufficiency of allegation and course of action? How can there be valid judgment when the basis of allegation is suspicion? Are we trying the Chief Justice, the highest official in juridical compartment, on the basis of allegation of suspicion and on basis of an alleged report,” he asked.
Questionable allegation
“I agree with you that that would be a questionable allegation,” Enrile butted in. “We would deal (with the issue) when the offer of proof is reached. At the moment, we’re just talking about documents that were subpoenaed.”
“But we are now in the stage of proof and no longer of allegation. If we follow pertinent jurisprudence, there can be no proof offered, much less accepted, utilized on the basis of nonexistent allegation,” Cuevas countered.
Alcantara testified on documents such as the transfer of titles and deeds of absolute sale involving properties owned by Corona, his wife Cristina, daughter Carla Corona-Castillo, and son-in-law Constantino Castillo.
The properties included a condominium unit in Burgundy Plaza, and a lot in the posh La Vista Subdivision in Quezon City.
Under questioning by private prosecutor Jose Justiniano, Alcantara confirmed that transfer certificate title (TCT) 96031 was canceled following the registration of a deed of sale of an P11-million property in Marikina City in the name of Cristina Corona on Sept. 3, 2003.
While the property is located in Marikina, this was registered in Quezon City because this falls within the latter’s jurisdiction, he said.
Documents questioned
Alcantara testified on the existence of a deed of absolute sale executed by Cristina Corona of an P18-million, 1,200-square meter lot in La Vista Subdivision in favor of her daughter Carla.
He showed a deed of absolute sale of a P2.7-million unit in Burgundy Plaza in Quezon City by Burgundy Realty Corp. in favor of Corona and his wife on Feb. 12, 1990.
Alcantara said that TCT 125683 was canceled after one Myrla Nelad-Bajar executed a deed of absolute sale of a P15-million property on Kalayaan Avenue in Quezon City in favor of Constantino Castillo III.
Constantino, Carla
Cuevas questioned the relevance of the document to Corona and moved to have Alcantara’s testimony struck. Enrile said he would strike this out unless the prosecution would establish the connection of the Castillo couple to the Chief Justice.
“Somebody will testify on the relationship of Constantino and Carla Castillo,” Justiniano said.
Enrile then said that he would allow this to stay in the record “subject” to the right of the defense counsel to take action that “he may wish.”
Alcantara also testified that TCT 85121 was canceled following the execution of a deed of absolute sale by Corona and his wife of a P8-million property in favor of Rodel and Amelia Rivera.
He also said that one Daniel Esina executed a deed of absolute sale of a P10.5-million property in favor of Constantino Castillo.
Prosecution spokespersons said Corona’s SALN from 2003 to 2010 showed a nondeclaration of his other properties as well as the undervaluation of those he had already declared.
Unexplained wealth
Representative Romero Quimbo said the disclosure of the SALN and the presentation of properties gave them the chance to point out the discrepancies in his declaration.
“What is important here as far as we are concerned is, there is clear undervaluation and in fact a blatant omission in the SALN. Now you know why,” Quimbo said in a press briefing while the trial was going on.
Based on his SALN, Corona’s net worth was P14.9 million in 2002 before he was appointed Associate Justice to the Supreme Court; P7 million in 2003 when he was already an Associate Justice; P7 million in 2004; P8 million in 2005; P9 million in 2006; P11 million in 2007; P12 million in 2008; P14 million in 2009 and P22 million in 2010 when he became Chief Justice.
Quimbo said Corona must explain why his net worth increased three-fold since his appointment as Chief Justice.
“Day 4 of the trial showed the documents of the properties that were not declared in the SALN while some that were declared were grossly undervalued,” said Representative Niel Tupas Jr., chief House prosecutor.
Children’s sources of income
“We want to know if the children have legitimate sources of income because the La Vista property was sold to his daughter at P18 million, then another property in Kalayan Avenue in 2009 at P15 million and another in Cubao in 2003 at P10.5 million.
“Let’s see if they (children) have legitimate sources of income,” he said.
In their news briefing Corona’s lawyers belittled the prosecution efforts Thursday.
“It was neither damaging nor positive testimony for the defense. As we have been saying consistently, Article 2 did not allege the accumulation of ill-gotten wealth by our client, but only the alleged nondisclosure of his SALN,” Cuevas said.
He said the disclosure of Corona’s SALN was proof that Corona had been regularly filing his SALN since he was appointed to the high tribunal in 2002.
Tranquil Salvador III, also a defense lawyer, said the release of the TCTs of several properties that Corona and his family purportedly owned “worked in our favor.”
Fishing expedition
“This is good because the people will now know that the Chief Justice does not really own 45 properties as alleged. In fact, some of the TCTs of some of the supposed properties were just parking spaces,” Salvador said.
“What they are doing is called a fishing expedition. They just filed the (articles of impeachment) even without securing the evidence first. Like going fishing, they just look for whatever evidence that may come their way,” said defense lawyer Jose Roy III.
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