Defense lawyers want House prosecutors cited for contempt

MANILA, Philippines - Lawyers of Chief Justice Renato Corona yesterday asked the impeachment court to cite the House prosecutors for contempt for continuing to discuss the merits of the case before the media in violation of the rules.

Former justice undersecretary Ramon Esguerra, spokesman for the defense panel, called on the Senate to exercise its contempt powers and order the prosecution team led by Iloilo Rep. Niel Tupas Jr. to “stop crucifying the Chief Justice, aided by a network and its assets, in the bar of public opinion.”

“This is too rude already what the prosecution is doing in the media,” Esguerra said.

He cited the interview of Tupas in ANC yesterday where the lead prosecutor discussed the merits of the case on national TV by saying, “CJ was not accurate in his SALN,” among others.

Esguerra also cited an online article of abs-cbnnews.com entitled “Corona has secret dollar account?” and which cited an unnamed House prosecutor as source.

“If that is how the prosecution and their media associates handle this impeachment, we are alarmed that the act of the Senate is already being undermined. Imagine, having two trials: the Senate and the public, aided by some networks,” the lawyer argued.

“If the right of our client will be continually pilloried publicly on so-called evidence, never presented or entered into the trial, then we might as well save the money of Juan de la Cruz and stop this charade or stop the live coverage of the hearings, so we stop the pandering, innuendoes and spins,” he added.

Esguerra asked the impeachment court to be strict in implementing the rules and ensure the rights of Corona are protected.

“Trial should be conducted in the impeachment court, not before the public as what the prosecution has been trying to do even at the outset. Chief Justice should be accorded his rights that he shares with Juan de la Cruz,” he appealed.

Esguerra noted the impeachment court already warned the prosecution of possible contempt after they publicly presented documents that were later used as evidence in the trial.

Esguerra though admitted the prosecution’s accusation that the chief magistrate did not accurately declare his wealth in his statement of assets, liabilities and net worth (SALN).

In an interview on ANC, Esguerra also admitted that Corona “belatedly” listed his assets in his SALN.

“They say there are inaccuracies in the SALN entries. That’s fine with us. The basic fact remains that there was filing,” he said.

He said the condominium units Corona and his wife had acquired were “disclosed, although belatedly.”

Esguerra said the Chief Justice broke no law in making inaccuracies in his SALN and making a belated declaration of the condominium units the couple had purchased.

The law in fact allows a correction of errors in a public official’s SALN, he added.

Sought for comment on the defense lawyer’s admissions, Tupas said the admitted inaccuracies and late declaration of assets “reveal a pattern of dishonesty and untruthfulness amounting to betrayal of public trust, for which he should be removed from office.”

Tupas said based on documents presented to the Senate impeachment court, the Corona couple acquired two condominium units at The Columns in Makati City and Bonifacio Ridge in Global City, Taguig, in 2004 and 2005, and a penthouse at Bellagio 1 also in Bonifacio Global City in 2009.

He said the Chief Justice did not declare the condo units in his SALN for the years during which they were bought but declared them only in his 2010 SALN.

“Failing to report the two condos in his SALN for five years to six years is not belated reporting. It is more of dishonest reporting,” he stressed.

Tupas pointed out that when the three condos were reported in the 2010 SALN, they were “grossly undervalued.”

“The Bellagio penthouse, for instance, which was acquired for P14.5 million in December 2009 as evidenced by the deed of sale, was valued at only P6.8 million,” Tupas stressed.

“Clearly, we can no longer trust Chief Justice Renato Corona. On the basis alone of his dishonest and untruthful declarations in his SALN, he should be convicted of betraying public trust,” he said.

Tupas said there is another dimension in the SALN issue that senator-judges would have to consider when they weigh the evidence – the matter of ill-gotten wealth.

He explained that under the law, a public official is deemed to have acquired an ill-gotten asset when the value of such asset is grossly disproportionate to his income.

He said the prosecution has established that Corona and his wife Cristina had a combined gross income of about P5 million earned between 2002 and 2010.

“That amount is just a fraction of the cost of their acquisitions. The Bellagio penthouse alone cost P14.5 million,” Tupas said.

 Lack of proper rules

Veteran lawyer Romulo Macalintal, on the other hand, said the Constitution does not provide for any standard or degree of proof in an impeachment case.

Macalintal, an independent analyst of the impeachment trial, noted the question of guilt by prima facie evidence or beyond reasonable doubt has been debated upon several times by the senator-judges.

“It is all a judgment call for the senator–judges whose decision cannot be questioned and who are not required to explain their votes,” he said.

Macalintal stressed that on judgment day, the senator–judges would only be asked to rise and answer the question: “Guilty or not guilty?”

“And as Senate President Juan Ponce Enrile put it: It will be the product of my own mind,” he added.

Macalintal also questioned the lack of proper rules in the impeachment trial proceedings, which he said, has been causing apparent confusion on procedures and appreciation of evidence in the ongoing trial.

He said this problem could be attributed to the application of separate rules on impeachment promulgated by the Senate and House of Representatives for the trial.

“Technically speaking, the impeachment trial is conducted without the appropriate rules as mandated by the Constitution,” he explained.

“The seeming confusion on what rules should be followed in the impeachment trial, especially on procedure and in appreciating evidence, is due to the failure of Congress to promulgate the rules on impeachment as mandated by Article XI of the Constitution which provides that Congress shall promulgate its rules on impeachment,” Macalintal pointed out.

Macalintal explained the term “Congress” in the Constitution refers to both the Senate and the House of Representatives.

“Hence, since the Constitution says that the rules shall be promulgated by Congress it means that the rules refer to one promulgated by Senate and House in joint session so that the rules, just like an ordinary bill, could be product of both Houses where all their differences on matters of procedure and evidence could be ironed out,” he said. – With Jess Diaz