‘Catch me if you can’

PerryScope
By Perry Diaz

At a press conference at Club Filipino on February 12, 2012, Corona’s defense lawyers accused Malacañang of trying to influence senator-judges to vote for the opening of Chief Justice Corona's dollar account at the impeachment trial. Photo credit: Ralph Joel

Has it occurred to you that when a person tries to convince others, more doubts are raised about that person’s sincerity or honesty?  Such is the situation that Supreme Court Chief Justice Renato Corona has gotten himself into.  It’s likened to a person who falls into a quicksand; the more he tries to get out of it, the faster he sinks.  But if that person remained immobile he’d still sink nevertheless.  The lesson here is: Don’t go near a quicksand.

And that’s precisely what Corona did when he accepted an illegal appointment from then President Gloria Macapagal Arroyo during a period when a ban on “midnight appointments” was in effect.  He jumped into a quicksand knowing full well that he might not get out of it!   It’s a case of “come what may” or “bahala na.”

It did not then come as a surprise when a year and a half after he reached the pinnacle of his career – a dream come true – Corona found himself in a quicksand of legal and moral questions about his ascendancy to the highest position of the judicial branch of government.   And now, he is struggling to save his career and what is left of his reputation.  He might have a chance of saving his career; however, it seems that his reputation is now stained indelibly as a result of a slew of damaging evidence that came out at the Senate impeachment trial in which he is accused of culpable violation of the Constitution, graft and corruption, and betrayal of public trust.

When the Senate impeachment trial began, Corona’s battery of topnotch lawyers led by retired Supreme Court Justice Serafin Cuevas took the offensive like a German blitzkrieg, which caused heavy damage to the House prosecutors’ initial presentation.  Even the experienced private prosecutors who were helping the House prosecutors seemed ill equipped in battling the legendary Cuevas.  In his cross-examination of the prosecutors’ witnesses, Cuevas assaulted them with a “take no prisoner” stance and at one point declared one witness as “bankrupt.”  He was brutally effective in pulverizing the testimony of the witnesses and neutralizing the prosecutors with his courtroom maneuvers… until he met his Waterloo.

Discrepancies

An unexpected turn of events happened last February 6 (Day 12 of the trial) when Cuevas cross-examined Bureau of Internal Revenue (BIR) Commissioner Kim Henares.  Henares testified that she found discrepancies in Corona’s Statements of Assets, Liabilities, and Net Worth (SALNs) in the years from 2003 to 2010.  She gave a detailed breakdown of the discrepancies.  For instance, in 2010 – when he was already Chief Justice – Corona declared only P14.5 million in his SALN when in fact he owned P50 million in assets.

Cuevas abruptly moved to have Henares’ testimony stricken from the impeachment trial records, saying that Henares was not an “expert witness.”  But the private prosecutor, Arthur Lim, retorted and pointed out that Cuevas had just qualified her to be an “expert witness.”  The president officer, Senate President Juan Ponce Enrile, agreed with Lim and let Henares’ testimony stay.  It was only then that the foxy Cuevas realized that Lim had outfoxed him.

Unreported wealth

The stinger came on February 8 (Day 14) when Philippine Savings Bank (PSBank) president Pascual Garcia III testified on five domestic accounts of Corona, which revealed that as of December 31, 2010, Corona’s total peso deposits at PSBank was P19,728,555.39.  This did not include Corona’s five dollar accounts, which he claimed couldn’t be disclosed under R.A. 6426, the Foreign Currency Deposit Act.

The following day (Day 15), Leonora Dizon, branch manager of the Bank of Philippine Islands (BPI) presented bank documents that showed that Corona’s checking account had an ending balance of P12,024,067.70 as of December 31, 2010.

Let’s do our math: Between the two banks, Corona’s cash deposits – excluding his secret dollar accounts – total P31,752,623.09.  That’s P28,252,623.09 more than the P3.5 million he declared in his 2010 SALN.  However, if you add the secret dollar deposit account of $700,000 that Corona allegedly deposited in 2008 at PSBank, then the total unreported amount could be as high as P66 million in 2010.  Incidentally, Corona through Cuevas admitted the existence of his dollar accounts; however, he refused to authorize disclosure at this time saying that he’d disclose them in due time.  Hmm… do I smell a stinking fish here?

Attack the “enemy”

With this incontrovertible evidence, Corona is faced with a difficult situation.  How could he convince the impeachment court — and the court of public opinion – of his innocence?  He must have realized then that the impeachment court is an unfriendly territory.  He had to find another venue where he could extricate himself out of the quicksand he trapped himself into.

On February 12, on the eve of the Day 15 trial, several members of Corona’s defense team held a press conference where they alleged that an unnamed source gave them “reliable” information that President Benigno Aquino III through Executive Secretary Paquito Ochoa Jr. attempted to bribe the senator-judges P100 million each to disregard the Temporary Restraining Order (TRO) issued by the Supreme Court on the disclosure of Corona’s dollar accounts.

As he attacked the “enemy” using the media, Corona also petitioned the Supreme Court to issue a TRO and void the impeachment proceedings.  In an en banc session last February 9, the high court decided to defer issuing a TRO; however, it required the respondents to comment within 10 days.

Last February 13, Corona upped the ante and filed a supplemental petition to reinforce his bid to stop the impeachment trial.  He accused five senator-judges of being partial against him. One senator-judge opined that Corona’s strategy in filing the supplemental petition is to open the way for a mistrial.

“Acquittal by TRO”

Evidently, Corona is now taking an unorthodox approach to secure his acquittal, he is playing “catch me if you can” by bringing the Supreme Court into play; that is, each time the prosecution gets closer to pinning him down, he would run to the Supreme Court and ask for a TRO.  With at least eight justices – all Arroyo appointees — closely allied with him, he has a good chance of getting a TRO to stop the impeachment proceedings for good.

The question is: Does the Senate impeachment court have the temerity to defy the Supreme Court and proceed with the impeachment trial?

It is interesting to note that before the impeachment trial started last January, Enrile commented during a radio interview that Malacañang and the Supreme Court should not meddle in the impeachment trial.  He said that only God and the people could dictate terms on him and that the only one who could stop the trial is “the might of the military.”

In my opinion, Corona would eventually get his “acquittal by TRO,” thanks to his allies in the Supreme Court.  And as expected, Enrile would stand by his word.  But he has only one vote.  Would the majority of the senator-judges back him up and defy the Supreme Court?  Or would they side with Senators Miriam Defensor-Santiago and Joker Arroyo who have repeatedly manifested their beliefs that the Supreme Court is higher than the impeachment court and therefore should prevail?

Last February 14 (Day 17), his 88th birthday, Enrile was asked what he wished for himself on his birthday.  He said, “My wish is for God to give me the stamina and divine light to do what is right in the remaining years of my life.”

For someone who had been in both the wrong side and right side of history, how would he want to be remembered as the presiding officer of the impeachment trial of Chief Justice Renato Corona?

(PerryDiaz@gmail.com)

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 “The world suffers a lot. Not because of the violence of bad people, but because of the silence of good people!” – Napoleon


19 Responses. Have your say.

  1. PHILIP says:

    Perry, well-written piece. Sad to say, I completely agree with your conclusion that RC will be acquitted by TRO. The first TRO (which is not temporary at all but “indefinite until lifted” according to Marquez) is a clever ploy of a trial baloon. When the Senate impeachment court decided to abide by it and thus accepted the superiority of the SC, this spelled doom for the impeachment trial. The next TRO will be a declaration that this entire process is null and void. I am intrigued by what will be the aftermath. Is the “might of the military” envisioned by JPE in our future? Abangan ang susunod na kabanata.

    • perry says:

      Hi Philip,

      I totally agree with your observation. The trial is over! What we’re watching is moro-moro. Look at how the presidential and vice-presidential wannabes are grandstanding — Chiz and Jinggoy. Pathetic!

      Perry

  2. marlene ocampo says:

    Ang bayan kong Pilipinas, lupain ng ginto’t dalita….bayan ko binihag ka . nasadlak sa dusa.
    Bayan ko, wala na yatang pag-asa. Nakakalungkot, nakakaiyak.
    Naubos ang luha.

  3. Doc CDC says:

    Hi Perry,

    When you gave me kind words of agreement of my recent commentario stating ,”I am getting pessimistic on the outcome of the trial “, is in complete accord with my opinion. Your current Perryscope is a clear summary of Corona’s guilt, his nauseating stupidity, a mockery of justice by the very highest echelon of SC, a Chief Justice- the pervert in the Judicial branch of Phil. Government. I absolutely agree with your wonderful opinion pieces. My uncle the late Associate Justice of the Supreme court Calixto O. Zaldivar – dubbed as “a man of integrity and vanguard of justice,” would ripped his heart with overwhelming sadness for the dishonesty and the loss of integrity in the current SC of the Philippines.

    Enrile in his 88th birthday must see the light, albeit ripped out my heart he will, the two third Senator judges must also follow . He has no absolute control of those guys to come along in the horizon of his moonlight. Some may remain silent and not vote. The Arroya camp can easily go beyond 9 votes. That is my take. Very sad indeed. Only a Senate judge with unselfish vision and honest sense of purpose could save this decaying country in verge of constitutional crisis. Sorry to say, those people are beholden (may utang na lo-ob) with GMA. Therefore Corona will be granted freedom. In this unseemly twilight, I pray that this beloved country the Philippines, “under God, shall have a new birth of a new society and shall not perish from the earth”.

  4. Pat Talens says:

    Hi Perry,

    Again, another great article.

    It appears Mr. Corona will get his way. What a travesty of justice, what a national shame in the annals of history, what so violent upheavals— that now await the country.

    It is the time like this when men become martyrs, when martyrs become heroes—and when the weak become bold and strong,

  5. Fernando Habito says:

    Lack of” delicadeza” ,arrogance and …”yabang” mentality are typical to the Philippine politics. It’s a big shame to the Philippines if Corona will be acquitted it will create negative attitude and value to the Filipino people and the impeachment trial will become waste in time and people’s money.

  6. Romeo Sirate says:

    If or when Corona is acquitted, then that is it for our country, we have nowhere else to go but to sink deeper into the abyss of hopelessness. I made a comment that this entire impeachment trial could be nothing more than an organized grab ass, concocted both by the prosecution and the defense to again confuse the heck out of the Filipino people. Maybe I’m right, and as always, the Filipino people are naive and ignorant enough to buy into their scheme. Well, like Philip said, abangan na lang natin ang susunod na kabanata. Mas mabuti pa siguro kung ang istoryang nababasa natin ay ang mga kuwento ni Lola Basyang o gabi ng lagim, at least those are just fictional stories.

  7. Rey Kardusuu says:

    Shame on the lawyers (pronounced: liaarrS) defending evil and corruption of the highest degree. Shame on the Chief Justice who has destroyed completely the credibility of the Supreme Court. Shame on the Senators whose mouths are so filled with untruths and politicizing. Shame on the filipinos who have chosen to remain subservient and corrupted by financial bribes. So long as you filipinos embrace corruptions and kickbacks the Philippines will always be the sick man of Asia and no amount of propaganda can overcome that reality.

  8. Lynda Manuel says:

    Let’s be optimistic. It’s still a long way to go and premature to give a verdict. I believe the
    truth will come out about this Thief Justice.Renato Corona, how he betrayed public trust,
    culpable violation of the constitution, graft and corruption. For the sake of the Filipino
    people, the future generation of Pinoys, let us pray for the restoration of the highest level
    of integrity in the Judiciary.

  9. Don Azarias says:

    Perry,

    In the event that CJ Corona is acquitted of all the charges against him because of the monstrosity of his allies in the Supreme Court, then the Philippine government can forget about bringing Gloria to trial. It will, likely, have the same ending. How sad it is that those few corrupt members of the “Court of last resort” will have the final say on this matter considering the preponderance of evidence against Corona. Those people are not justices, they are criminals. They are Gloria’s and Corona’s partners in crime.

    Don

  10. Alfonso F. Tucay says:

    For a country riddled with corruption from the lowly baggage checker at the NAIA to the chief justice of the Supreme Court, it is about time that the Senate impeach the highest corrupt official of the land.
    This will bring notice to everyone in a position of power that they are not immune to prosecution –> and jail time.
    It is about time that we cleanse the islands of it’s bad reputation. It is about time that we declare it as the “Pearl of the Orient Seas!”
    PONS

  11. Hi Perry,

    Your “Catch Me If You Can” piece is truly outstanding. Congratulations again. This is my personal view, and I wish to hear from the other contributors about this. If the impeachment process is stopped before proper judicial judgment is obtained, I would consider it a failure of the senatorjJudges, most especially the failure of JPE. What does he mean by saying before the start of trial that the only one who could stop the trial is the might of the military? Instigated by whom, and who would lead the military? This man, JPE, has been in government service for more than half of his life, and yet I just don’t seem to trust him. Consider, I think he was SecDef when Ninoy was assassinated on the tarmac in the early 1980″s. He was General Ramos during the EDSA revolution in the mid l980. JPE was one of the 8 pseudo nationalists who opposed the continuance of the base agreement resulting in the closure of all American bases in the Philippines. Somehow, I am reluctant to believe that this guy will do justice to the current proceedings. Another thing, we know that majority of the Supreme Court were GMA appointees. Would that mean that they do not have any conscience and that they will support anything even if they know it is the wrong side? I know politics is not the leanest in our country. Wala ba silang takot sa Diyos? I urge everyone to pray hard–really hard–because the integrity and self respect of our country is at stake, and so are we living and residing in other countries. Have a nice day, everyone.

  12. ramon says:

    Right now, it is very difficult to see what will happen after the impeachment proceedings. If CJ is acquitted, would the people mobilize against the senators who voted for an acquittal, and against the corrupt Supreme Court? If CJ is found guilty, would there be a concerted effort to rid the government of non-desirables? Let us scrutinize the SALNs and Income Tax Returns of each public official and directly compare these to their individual lifestyles.

    Admittedly, our public officials are poorly paid, hence, the immense temptation to enrich thenselves by accepting bribes. Maybe there should be a confidential amnesty program for all corrupt officials to come clean – of course, they should return all of their ill-gotten wealth. But, yeah, great wishful thinking though. Pag-puti ng uwak siguro.

  13. noel calisa says:

    If the trial of THIEF JUSTICE CORONA is stop and or he be acquitted, I agree the words of Pat Talens. It is now time for the Filipino to become men and men to become martyrs and martyrs become heroes. COMES LETS GET OUT IN THE STREET at ipakita natin sa mga magnanakaw naito at sa mga pulitikong magnanakaw at masasamang kalooban na ayaw natin na mawasak na tuluyan ang ating bansa ang MAHAL NATING PILIPINAS. Dito tayo nabuhay at dito rin tayo mamamatay at ito ay para sa kinabukasan ng ating mga anak at ng susunod pang henerasyon. Napakasama na ng imahe ng ating Inang Pilipinas sa ibang bansa at tuluyan pang sinisira ng mga taong ito. Huwag nating kalimutan ang mga pulitiko lalo na ang mga senador na mayayabang at nagpapapogi lamang. Kilala natin sila at alisin sa susunod na election.

  14. Romeo Sirate says:

    What we are witnessing again, and it’s not the first time is the ripping apart of the heart and soul of a nation and its people by the same people who swore an oath to protect their very right. These so called legal experts are making a mockery of our justice system, the Chief Justice being the number one culprit along with his cohorts in the Supreme Court and those that are defending him. If the prosecution have nothing else worthwhile to throw at the accused, then go home and close the shop. These so called justices in the Supreme Court are all in the same boat with Corona. Now is the time for the government to force every one of them to present all their SALN for a review and see what they are really about.

  15. Mac Flores, Jr. says:

    I have said my piece in every comment I contributed before and during the impeachment trial of the CJ.

    I consider the prosecution, the defense, the accused, the House of Representatives, the Supreme Court, the Executive branch and Senator-Judges, partiality in and misinformation provided by the media…ALL of them, taken as a whole, are deemed accountable to the people why the PHL is lagging in economic development, and worst of all why the country is known worldwide as CORRUPT.

    Observe them. Nobody seems willing to SACRIFICE and give up their questionable interest.

    The PHL is likened to SODOM & GOMORRAH. GOD cannot find there even a single good soul why He should not destroy the place.

  16. perry says:

    Perry, you couldn’t be more WRONG re Corona and “quicksand.” When he was appointed in violation of the constitution, he knew EXACTLY what he was doing. It was a very calculated and well planned decision.

    Corona knew that by the time he was impeached (if that happens), he will have more than enough money to live the rest of his life in comfort. His “reputation” is totally irrelevant. You see Perry, unlike you and I, sociopaths have no conscience. They do what they do with impunity and based on an ice-cold and calculated thought process. Nothing else enters into the equation.

    Jay Jacobs
    (Sent by email)

  17. perry says:

    Thanks Perry,

    Yes quicksand is all around Justice Corona at the present time.

    Are you aware that Justice Corona aledgdly has a wife in the US?

    Have sent you an e-mail about it.

    Jaime Calero
    (Sent by email)

  18. Those so-called “legal experts” are experts in twisting the law.
    They are experts in making the judges
    and the people believe that wrong is right.

    They are experts in making you believe that
    since the earth has rotated,
    the sun now rises in the west
    to give lovers a good view as it sets in the east.

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