No different from the hasty impeachment complaint submitted for trial by the House prosecutors was the speed with which President Aquino granted permission to his Bureau of Internal Revenue (BIR) Commissioner Kim Jacinto-Henares to bare all tax documents and Certificates of Registration before the Senate.
Under the law, the BIR chief cannot bare income tax returns of any person as this is a confidential document — except when permission is granted, in writing, by the Philippine president.
Chief Justice Renato Corona’s lawyers started its cross examination yesterday of prosecution panel witness Henares grilling her on whether she had been coached by prosecutors on what to say to the court.
Henares confirmed she had contact with the prosecution panel but insisted her instructions were limited to producing the tax records of Corona.
Senator-Judge Joker Arroyo probed the “speed” with which Henares obtained Palace permission through Executive Secretary Paquito Ochoa for her to produce the tax documents for the impeachment.
“This stands out as a singular incident,” Arroyo commented after Henares confirmed it is the first time under the Aquino administration that the President has authorized the BIR to release tax documents of an individual.
Earlier in the day in a press briefing, Cuevas stressed that any speculation on the possible difference between the official statement of assets is not proper of the moment.“These are documentary (pieces of) evidence. Are they offering it (evidence)? Is there a resolution by the court that it is admitted? If there is none it is not considered evidence yet, there is no basis.”
The impeachment court earlier ruled to bar any evidence regarding “ill gotten wealth” or the inserted paragraph “2.4” in Article 2 of the impeachment complaint.
Cuevas pointed out that a comparison of documents to suggest that Corona could not have obtained the said properties on his official pay is still too speculative.
“That is the difference between documentary and testimonial evidence. The moment you call the witness to the stand, the testimony is being offered as evidence and one can object but in the case of documentary evidence, until it is offered (as evidence) it cannot be considered as evidence yet.” he said.
“What we are saying is we want the truth, it’s OK provided it is done in the legal way and in accordance with due process. If we object, they (prosecution) will say we are delaying it but it is the right of the respondent to due process. If there is no right for us to object, then the impeachment court might as well do away with the trial and proceed to a sentencing.” Cuevas complained.
“How can you discuss ill gotten wealth if the resolution is very clear that the ill gotten wealth aspect had been excluded so how can there be evidence there?” the retired justice pointed out.
Cuevas said he welcomes the outburst by Senator-Judge Miriam Defensor-Santiago. “I am elated, she was my student, now I am the one receiving a lecture. I am just protecting the judiciary.” he said.
Another spokesman, Ramon Esguerra in a text message to the Tribune underscored that the prosecution evidence on the income of Corona is incomplete. “Henares must at least be asked two things: one, compensation income does not include allowances that are tax-exempt.”
Esguerra explained that “anyone can acquire and own property such as by inheritance or borrowing,and such property may be sold after. Tax called capital gainst tax is tax paid by the seller. Without the payment of tax, no certificate authorizing registration can be issued by the BIR. Moreover, there are also cases where one buys a property without causing the transfer of title to his name.
“SALns show Chief Justice Corona borrowed P11 million to pay for (his) La Vista property.This was sold for P18 million. He also sold Ayala heights lot for P 8 million. This is a total of P26 million.Do not forget too that Marikina lots inherited by Mrs. Corona were sold, proceeds of which went into savings or used to buy other properties.”he added.
Lawyer Karen Jimeno also dismissed the chief justice’s supposed plan to resign to spare his family from the case.
“We don’t know where such rumor came from at this point when the defense had just made a breakthough in the hearing. We all know that the impeachment court already decided to set aside the issue on ill-gotten wealth against the Chief Justice and that’s a point for our defense,” she said in an interview.
Senator-judges decided to drop article 2.4 of the impeachment complaint, which alleged 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” and that “it has been reported that Respondent has, among others, a 300-sq.-meter apartment in a posh Mega World Property development at the Fort in Taguig.”
Meanwhile, the defense spokesman Tranquilino Salvador questioned the celebratory mood of the Prosecution yesterday saying, “It is too good, too soon to conclude.”
The Prosecution evidence on income of CJ Corona is incomplete thereby making their conclusion malicious. The defense has not been opposing the release of CJ Corona’s SALns and ITR but it has to be made properly, based on a simple, clear and understandable charge,” which the Impeachment Court has so ruled yesterday. The presentation of evidence should also be according to the rules of the Impeachment Court.”
“Do not look far!” a message from another defense spokesman, Mon Esguerra, suggested to the Prosecution. The “SALNs show CJ Corona borrowed P11 million to pay for La Vista property. This was later sold for P18 million. CJ Corona also sold Ayala Heights lot for P8 million.” Esguerra suggested to the Prosecution “to do basic math.” P18 million plus P8 million would give you P 26 million for the La Vista and Ayala Heights properties. The two major condo units cost a total of P24 million.
The Marikina lots, “inherited by Mrs. Corona, were sold and proceeds of which went into savings or used to buy properties, possibly Burgundy first and then Columns,” added Esguerra. A very old house and lot in Xavierville was inherited and CJ and Mrs. Corona lived there for the last 40 years.
Defense Spokesman Karen Jimeno reiterated, “From Day 1, the Chief Justice has already said he will fight this battle head on.” “We have not seen any damning evidence up to this time. As soon as we get our turn, the Defense will show the Chief Justice is completely innocent of all the charges. The fight has just begun for the Defense.”
Jimeno further explained “so far, properties testified on by the BIR Chief Kim Henares are in the SALns except the Palm Country Club share of December 2011 that still has to be declared in CJ Corona’s 2012 SALn still due on April 30.”
The Defense takes exception to the simplistic view presented by Prosecution Spokesman Rep. Miro Quimbo yesterday that CJ Corona “accumulated P20 million nt supported by compensation income” and Quimbo concluded that CJ Corona “has no other means of income.” The Defense will show otherwise. “We appeal to the public to hold their conclusions because surely SALns and ITRs do not tell the whole story.”
Comments
Post a Comment