PerryScope
by Perry Diaz
The recent impeachment and removal of Renato Corona as the Chief Justice of the Supreme Court of the Philippines was without precedence in the annals of Philippine jurisprudence. However, the impeachment trial was fraught with uncertainty and high drama, which up to the very end could have gone for conviction or acquittal. But the final verdict of 20-3 for conviction was meted out based on Corona’s own admission or “confession” — on the last hour of the last day of his testimony — that he owns dollar and peso deposits amounting to $2.4 million and P80.7 million, respectively, which he did not report in his Statement of Assets, Liabilities, and Net Worth (SALN). It was an act of “hara-kiri” knowing full well that by his admission his fate was sealed. But did he have a choice?
But the sad denouement was not scripted nor predicted. Up to that last act, a conviction was doomed from the start of the impeachment trial, which lasted 44 days. On the one hand, the House prosecution team was unable to present clear and convincing evidence. They simply didn’t have the prosecutorial aptitude to make their case. On the other hand, the defense team – consisting of top defense lawyers led no less by the seasoned retired Supreme Court Justice Serafin Cuevas – managed to dispute the credibility and veracity of the evidence.
But it was the defense team’s own undoing that shattered Corona’s defense. When the members of the defense team demanded that Ombudsman Conchita Carpio-Morales testify as a condition for Corona to take the witness stand in his own defense, they didn’t realize that what they did was akin to opening the gates of Troy to accept a gift – a wooden horse – from the Greeks that would destroy the fortress-city from within. And when Carpio-Morales presented the damning 17-page report from the Anti-Money Laundering Council (AMLC) that detailed 705 transactions – movement of money – involving 82 bank deposit accounts in Corona’s name, Corona’s once formidable defense collapsed just like what happened to ancient Troy.
Conviction
On May 29, 2012, the senator-judges voted to convict Corona. How did that happen? A few days after Corona was dealt the “guilty” verdict, Sen. Loren Legarda revealed that two days before that fateful day, seven senator-judges – the “Magnificent Seven” — met at her home to ponder Corona’s guilt or innocence. Led by Senate President and Presiding Officer Juan Ponce Enrile, the powerful bloc of senators consisted of Pro Tempore Jinggoy Estrada, Majority Leader Tito Sotto, Gregorio Honasan, Loren Legarda, Manny Villar, and Ramon Revilla Jr.
Ultimately, it was Corona’s admission of not reporting his dollar and peso deposits in his SALN that sealed his fate, and as a consequence, the members of the Enrile bloc decided that Corona was guilty of not reporting the true value of his assets in his SALN, which was the essence of Article II of the Articles of Impeachment.
Sovereign command
With emphasis on truthful SALN disclosure as a key factor, the 20 senator-judges who voted for conviction hinged their judgment solely on Corona’s failure to report his dollar and peso deposits, which is a violation of Section 17 of Article 11, which mandates: “A public officer or employee shall, upon assumption of office and as often thereafter as may be required by law, submit a declaration under oath of his assets, liabilities, and net worth. In the case of the President, the Vice-President, the Members of the Cabinet, the Congress, the Supreme Court, the Constitutional Commissions and other constitutional offices, and officers of the armed forces with general or flag rank, the declaration shall be disclosed to the public in the manner provided by law.”
For the first time since the 1986 EDSA “people power” revolution, this “sovereign command” of the 1987 Constitution was enforced upon the highest echelons in the government, no less than the Chief Justice himself. And for the first time, a constitutional officer had been removed from office for culpable violation of the 1987 Constitution and betrayal of public trust.
People’s victory
This is a victory for the Filipino people who have seen how those in power trampled the 1987 Constitution for their own personal interests. The people saw how former President Gloria Macapagal Arroyo manipulated them into staging a sham “people power” revolution in 2001 to unseat President Joseph “Erap” Estrada and take over the presidency herself. They saw how Gloria attempted to manipulate and amend the Constitution so she could remain in power indefinitely. They saw how Gloria stacked the Supreme Court with justices loyal to her. They saw how Gloria manipulated the appointment of Corona as Chief Justice during the period banning midnight appointments during elections. And they saw how corruption in government made their lives miserable. But the people persevered hoping that someday their aspirations would be heard by the powers-that-be.
So it did not then come as a surprise that during the impeachment trial, polls taken consistently showed that the people were convinced of Corona’s guilt. The people wanted him removed from office. Yet, the senator-judges were not influenced by public opinion against Corona saying that the evidence was not convincing enough. As Sen. Alan Peter Cayetano told the media during an interview, “I don’t want to convict an innocent man but I don’t want to acquit a guilty man either.” It’s an ambivalence that was leaning more towards an acquittal because, in the final analysis, who would convict an innocent man unless there is clear and convincing evidence of guilt?
But serendipity helped Cayetano out of his dilemma. Right after Corona’s abbreviated testimony on his second and last day on the witness stand on May 25, Cayetano asked Corona: How much unreported dollar deposits did he own? Corona answered, “$2.4 million.” What more did Cayetano want to hear to make up his mind? On May 29, he voted “guilty” as charged.
Redemption
The turn of events in the final days of the impeachment trial has brought to the forefront of public debate Enrile’s leadership during the trial. He was credited with steering the trial on an even keel avoiding controversial situations that could have rocked the boat.
His sterling leadership had a redeeming effect on his past political life. Having been on the wrong side of history as the Defense Minister during the dark years of the martial law regime of the late dictator Ferdinand E. Marcos, he – together with then Gen. Fidel V. Ramos – led the 1986 EDSA “people power” revolution. For once, Enrile was on the right side of history but not for long. After Cory Aquino was installed as President, Enrile stayed out of Cory’s circle and was often alleged to have figured in several attempts to remove her from office through a series of coup d’états.
As a senator-judge during the impeachment trial of Erap Estrada in 2001, Enrile together with 10 others became known as the “Craven Eleven” who voted not to open the “second envelope,” which was supposed to contain Erap’s bank accounts. As a result, the prosecution team led by then Rep. Joker Arroyo walked out; thus, throwing the trial in turmoil. A few days later the sham people power revolution – or “EDSA 2” – erupted and Gloria took over the presidency from Erap.
At age 88, Enrile is back on the right side of history just like where he was during the EDSA revolution. But this time around, the revolution he’s fighting for is to make public officials accountable and transparent to the people.
At the end of the day, his role in the conviction of Corona has been the redeeming moment of his life and deserving of a special place in our history. Indeed, his long and colorful political life can be defined in one short statement: “From EDSA revolution to SALN revolution.” Nothing is loftier or nobler than that.
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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
Is JPE political history cleared of personal corruption and fraud, waste and abuse?
Does he sincerely submitted the correct SALN?
Are all the senator judges free of graft and corruption themselves?
Alberto, when Corona challenged the 188 members of the House of Representative to also sign a waiver, there were few that accepted the challenge and did signed the waiver. These people at this particular time are either honest and true to their jobs or they are still new in the business of politics and have not yet learn the skills on how to enriched themselves. Those who refused to sign on the other hand probably knew that signing that waiver will definitely show their true colors, green, the color of American dollar. We all know that these people are in this business for one thing and one thing only, fatten their bank accounts and anyone who believe otherwise must be missing a few brain cells.
Perry:
That was a very good piece of journalism!
Indeed, Senator Enrile has redeemed himself.
I used to loath him for being the “architect” of the martial law as the Defense Secretary under Marcos. You have been our eyes (in print) on the entire impeachment episode and Philippine situations.
Thanks a lot.
Perry:
An execllent , scholarly analysis! Picture perfect of what happened to Corona. Yes indeed, it was the SALN where he got himself caught in dishonesty, a liar, an admission of guilt.
JPE, at his age, is a great leader, absolutely sensible. Among the magnificent seven Senator Judges who indeed voted for a guilty Corona, I have my high respect. Loren Legarda who hosted the meeting must be congratulated.
What’s next to happen? The Filipino people have said. Corrupt officials if proven guilty must be in jail!
To PNoy; Mr. President, are we in the right track? Walang mahirap kung walang Corrupt? Matuwid na landas? Your boss the people? The country is in your hands in the next 4 more years. Continue the “Crusade for Change” — set forth on a new direction from hereon—a Renaissance— a resolve as never before that our beloved country, the Philippines “under God, shall have a new birth of governance and shall not perish from the earth”.
CDC
The dawning of a new day in RP, I must say! Makes me proud to be Pinoy! Very good article, Perry!
Hey Perry,
That was good. I like your analysis. Maganda and pagka-birada mo.
Got a question though: How come when GMA was the president, nobody dared to initiate her impeachment? There were all kinds of reasons and evidences to impeach her. But nobody had the balls.
Now that she’s powerles na, out come all kinds of self-righteous “thieves” ready to stone her. Where was Enrile and all these senatior-judges, who convicted the chief thief, during the height of GMA’s stealing times? Where was Pee-Noy? They could’ve tried, at least, to stop her.
When she got caught with her pants down and admitted that she was in cahoot in that re-election fraud that she initiated with that COMELEC (HELLO GARCI)guy, that would’ve been the perfect time to remove her from office. But nobody dared made a move. Mga duwag….
Kasi nga, as I wrote in my “Lutong Makaw” story, “kung sino ang nakaupo, doon namumupo.” That’s the UNWRITTEN law in the Motherland.
Kaya, hindi ako bilib sa conviction ni Corona. To me, it was a farce.
Nonetheless, let me say it again, what you wrote here, is an excellent piece. Galing, gayem.
Hi Jesse,
They tried to impeach Gloria four times in a row, year after year, but she controlled the House and the impeachment complaint died in committee.
Perry
Hey Perry,
Exactly what I said: Kung sino ang nakaupo, doon namumupo. That’s the UNWRITTEN LAW sa Pinas. Untouchable si GMA noon, kaya hindi siya na-impeach. Mga tuta niya yung mga lawmakers ng bayan.
Ngayon, mga tuta naman ni Pee-Noy ang mga lawmakers ng Pinas. Kaya na-impeach nila si Corona.
Pana-panahon lang. Pag wala na sa pwesto si Pee-Noy, sigurado siya naman ang yayariin diyan. All kinds of skeletons will come out of Pee-Noy’s closet. Kung sino man ang susunod na presidente, siya naman ang magsasabi: “Okey ngarud, ako naman. Let’s talk now about Hacienda Luisita and the kiliings that happened there and at Mendiola Bridge.”
Pee-Noy had set a precedence of witch hunting. So, another set of witch hunters will come, after he’s gone from the throne. What goes around, comes around. ika nga.
But with all the GMA defenders out there you would think that some of them would be able to come up with a skeleton in Noy’s closet. It’s quite curious that not one of them has dragged one skeleton out in the open.
Also, it’s intriguing that Corona did not challenge the president to a dollar-account-opening duel, knowing that PNoy is the main architect behind his impeachment.
Hi Tristanism,
Like they say, “You can’t fight City Hall.” Corona should have resigned as advised by a lot of people. But he thought that he had eight senators on his side. I’m surprised he got three! I only counted Joker as one who’d support him to death. I thought Miriam and Bongbong would do the politically correct thing and vote with the majority. But I guess even senators have nincompoops in their ranks. Hehehe….
Perry
Thieves and all kinds of criminals help build the country’s “Da-ang Matuwid” National Freeway.
Perry, what is your real gut feeling about all of this? I’m tempted to say, it’s about time, but we’ve been on this road before, many times as a matter of fact. The ouster of Corona looks very good in paper and in the eyes of the Filipino people, a major victory for the country, but is it really? I think you and I both know that it’s going to take more than one Corona to clear our country’s slate out of corruption. In a couple of weeks, this whole Corona brouhaha will just fade away and the rest of the country will again focus on Willing Willy and Eat Bulaga.
Hi Noah,
The Corona conviction is just the beginning but it’s a big one. What’s next? Gloria is next. If Gloria is convicted that would send a big message to all public officials that corruption doesn’t pay. I hope that P-Noy would continue in going after the corrupt.
You asked what my gut feeling was? What I wrote was my gut feeling. I believe in what I wrote and mean what I said.
Perry
Excellent piece, Perry, just like Sionil Jose’s. But I lost faith in JPE again when, together with Angara and Jinggoy, he espoused the idea to allow the cheat justice to walk away with his loot without filing criminal charges. As if to say, it takes a thief to know one. Just like GMA’s pardon of Erap, she thought that she was setting a precedent when her turn comes. Fortunately, PNoy beat Erap in the last election.
Phillip, I’m with you. They told Corona, you’re out of the game but don’t worry, we’re not going to question you anymore about the real sources of your millions, both in dollars and in pesos. We’ve already determined that with your income alone there’s no way that you could’ve saved that much money regardless of your time in government service. And since you no longer have immunity from prosecution and you suffered enough already during your impeachment trial, we will do our best to convince the Ombudsman or the BIR or even the Sandiganbayan to please leave you alone. Who knows, all of us might end up getting dragged into your trial for tax evasion and for ill-gotten wealth and we would’nt want that to happen won’t we?
“Who knows, all of us might end up getting dragged into your trial for tax evasion and for ill-gotten wealth…”
No problem, Noah.
http://www.youtube.com/watch?v=ONmBtgkP8jU
They can follow the Zacchaeus path towards building the country’s “Da-ang Matuwid” National Freeway.
http://www.biblegateway.com/passage/?search=Luke+19%3A1-10&version=NIV
http://opinion.inquirer.net/28823/colossal-deception-on-corona%E2%80%99s-accounts
I was able to read former Amb. Rigoberto Tiglao’s commentary dated 05/17/12 posted on Philippine Daily Inquirer.
Place your cursor on the website, press ‘CONTROL’ key and make a ‘CLICK’.
After you read the article, you may decide who the better liar was. Corona who said ‘Bad politics’ after found GUILTY or the Ombudsman Carpio who convinced the listeners and the impeachment court after her power point presentation as backed up by the media.
The guideline on SALN states that at FIRST OFFENSE, a kind of suspension. For SECOND OFFENSE, dismissal from office. The impeachment court made a short cut like the prosecution and many loved the result.
Have you seen an actual SALN form? Do you truthfully understand its content? Do you honestly know how to fill it up correctly like an honest ACCOUNTANT/AUDITOR?
If you honestly don’t understand and appreciate doing the SALN, beware – you are subject to 1st and 2nd offenses at the mercy of a brutal administration that possibly don’t even know how to fill up the SALN correctly.
My friends and kababayan why did Sen. Koko Pimentel ask for deferment of the implementation of the revised SALN form dated 2011? Probably Pimentel (# 1 bar topnotcher) knew of the loopholes and the harsh impact of it from the lowly government employee up to the President.
Bakit sa TaTe walang SALN but tax conscious ang mga US taxpayers. Mas complex ba ang tax system ng PNAS kayas US consisting of 50 states?
Hindi pa ba sapat lang an INCOME TAX RETURNS? Bakit pa may SALN if most of the figures there are best estimates lang.
Ang best estimate ba ni PNoy at Morales-Carpio BETTER ba sa best estimate ni Corona?
To me the impeachment decision is NOT a WATER UNDER THE BRIDGE but a BRIDGE PROTRUDING UNDER THE WATER.
Paanong naging legacy ni Juan Ponce Enrile yung impeachment kay Corona?
great commentaries so far. However let us have as much actions as commentaries, or words, to rid our PH of its political sicknesses. Prayers as well of course. Magaling Perry.
Ms. Donato:
I know your write up pertains to all who make commentaries pros or cons on the emailed articles we received from Global Balita, Asian Journal and others.
We should be thankful that the news back home and other parts of the world are delivered free to our email screen.
The email recipients like you and me and the rest of us can only comment.
Whether the commentaries we share will be published in the print media to the attention of PHL government or not, depends on the editor, I think.
Personally, I like to read on the same paper side by side an article/issue in favor of the government and one against the government.
This makes the NEWS OF THE DAY BALANCE for BALANCE VIEWS.
Can the leading newspapers do that for PHL GOOD GOVERNANCE or PROFIT FIRST?
Katotong Mac,
I agree with you 100 percent. Hard news must be balanced. But not in commentaries or opinion columns. Reporters report, whereas, columnists opine.
For the first time, hopefully not the last, JUSTICE has been served. I sincerely hope they go after him for ill gotten wealth.
I ALSO believe the exit from court was damning touch and NOTHING to do with his health..He simply thought he could get away with it.
As for GMA. I believe her family, not her, guilty.. She’ll probably suffer the same fate, but maybe not deserved. Will have to see/review the evidence. Otherwise, enemies out for revenge.
However, IF guilty, then the same result.
William Elder
(Sent by email)