Vidal averted crisis despite risk to job

Her dilemma showed in her face Wednesday. Supreme Court clerk Enriqueta Esguerra-Vidal forced herself to smile in goodwill, yet she was on the verge of tears. The day before, the senator-judges had subpoenaed her and the statements of assets, liabilities and net worth (SALNs) of impeached Chief Justice Renato Corona. She promptly informed the justices in the en banc session that day. Then, she showed up at the Senate with the documents. Yet when asked to hand them over, she hesitated. She works directly under the Chief Justice. She knows the authority of the Senate to try the Chief Justice if impeached. She knows too that the Constitution requires government men to file and disclose yearly their SALNs. Yet there exists a 1998 SC en banc rule prohibiting the release of the justices’ SALNs. To defy the Senate’s order to hand over Corona’s SALNs would mean contempt of court. To heed it would open her to administrative charges of violating SC policies. Her choice: obey the law or risk her job.

Vidal’s courageous decision is worthy of emulation. She handed over Corona’s SALNs, come what may.

After Vidal did so, SC administrator-spokesman Midas Marquez came on television from his office. Corona, he said, already had told his defense lawyers at the trial to disclose his SALNs. Defense spokesmen Tranquil Salvador III and Karen Jimeno confirmed during a break in the hearing that Corona did call to tell them so.

Apparently Corona had been watching the televised proceedings. His counsels kept interrupting the prosecution’s direct examination of Vidal. It gave the impression that Corona was hiding something. It was beginning to look like the defense’s blocking 11 years ago of the opening of an envelope containing evidence in the impeachment trial of President Joseph Estrada. That event provoked citizens to march to a second EDSA Revolt that toppled Estrada. Corona must have realized the political implications of his lawyers’ actions. Thus, his clearance of the SALNs’ release.

The clearance does not dampen Vidal’s heroic act. She had not known of her boss Corona’s call to the lawyers. What she had witnessed was their constant objections to her questioning — 40 times, according to the prosecution. Still she opted to risk her job by obeying the senator-judges, perhaps to prevent a constitutional crisis in a clash between the SC and the impeachment court.

In fact, the threat remains. Lawyer Salvador explained that it was only Corona who cleared the release of his SALNs. Supposedly, although it is his own SALNs, Corona remains but one of 15 justices. “He was speaking only for himself,” Salvador stated. “The Judiciary is an institution, not just the Chief Justice.” The 14 other justices, he said, could still impose on Vidal administrative sanctions.

That would make Vidal a bigger hero in the people’s eyes, of course. Whereas, it would magnify how Salvador’s line contradicts that of Corona. For, Corona had decried upon his impeachment that an attack on the Chief Justice is an attack on the Judiciary itself. Now his lawyer is echoing what the impeachers emphasize: that Corona is not the Judiciary.

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A short item in this column last Monday elicited a clarification. It’s about the government deal with a private firm in 2009 to build home-office condos in Broadcast City, Quezon City. In Feb. 2011 Press Sec. Herminio Coloma had inquired if IBC-13 network’s cession of the 3.5-hectare prime lot, by his Arroyo admin predecessor, was legal. Three months later Solicitor General Jose Anselmo Cadiz transmitted findings that the deal was invalid. Deemed injurious to the state were the land valuation and contract terms. Questionable was the caveat of the Office of the Government Corporate Counsel then to keep its consent secret.

OGCC boss Raoul Creencia felt alluded to, and caused his chief of staff Atty. Edwin Carillo to emphasize two points. One, that in June 2011 the OGCC too had found the contract unacceptable. Two, that it advised IBC-13 to withdraw its notice of contract award.

Actually I had referred to Creencia’s precursor, who had given go-signals to Arroyo admin projects, provided these were kept confidential.

Still, Creencia’s letter is relevant. For, last Nov. Coloma formed a committee to review the contract. This is months after two separate legal opinions already were given that the deal is void. Hmm.

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E-mail: jariusbon[email protected]