ON Day 10 of the impeachment trial of Chief Justice Renato Corona, House prosecutors struggled to make their charges stick while the defense decried Corona’s “trial by publicity” by the prosecutors and their media allies. In the House, opposition members said the trial was taking its toll on the economy.
The prosecutors said the P11-million cash advance of Chief Justice Renato Corona from the Basa-Guidote Enterprises Inc. (BGEI), purportedly used to pay for some of his realty assets, was fictitious.
This, as Corona’s defense lawyers, complaining that their client was being subjected to a trial by publicity, asked the Senate Impeachment Court to exercise its contempt powers and stop the prosecution from “crucifying Corona in the bar of public opinion” as they took exception to the online posting by ABS-CBN News of an article titled “Corona has secret dollar account?”
In the House, Independent Rep. Edcel Lagman lamented the “inordinate focus” of the administration on the trial and said this was seriously affecting legislative work and the economy.
Yesterday, prosecution panel member Reynaldo Umali of Mindoro Oriential said the testimony of Securities and Exchange Commission (SEC) Director Benito Cataran on BGEI’s corporate records was just “preliminary” to prove that the questioned P11-million cash-advance transaction never existed.
“What we are trying to prove is precisely that this alleged cash advance is fictitious for so many reasons,” Umali told senator-judges as he questioned Cataran at the witness stand.
Umali said Cataran’s testimony was being offered to “question the truthfulness and accuracy” of the entries in Corona’s Statements of Assets, Liabilities and Net Worth (SALN), particularly on the P11-million cash advance he got from a company he identified as his “wife’s family corporation.”
The prosecution also questioned how Corona was extended cash advance when the SEC had already revoked the registration of the lending company in 2003, the same year the chief magistrate claimed to have received the cash advance.
Cataran said BGEI ceased to operate legally by 2007 or three years after its registration had been canceled as the law gives a three-year grace period for revoked companies to wind up their affairs.
Umali said Corona claimed in his SALN that he was repaying the supposed cash advance from 2005 to 2009.
Cataran told the court, however, that the SEC had decided to revoke the company’s certificate of registration after finding out that it had not been submitting its general information sheet (GIS) and financial reports since 1991.
In decrying their client’s alleged trial by publicity, defense panel spokesman Mon Esguerra said in Filipino: “We have the Impeachment Court so we could hold the trial here and not what the prosecution has been doing since the start. The Chief Justice has a right just like Juan de la Cruz.”
He attributed the ABS-CBN report to “unnamed House prosecutors.” Esguerra also cited the appearance of the lead prosecutor, Iloilo Rep. Neil Tupas Jr. before the ANC Headstart where he discussed the merits of the case on TV.
“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,” he said. “Imagine, having two trials: the Senate and the public, aided by some [television] networks. If the right of our client will be continually pilloried publicly on so-called evidence [that were] 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. Masyado na pong bastusan itong ginagawa ng prosecution sa media.”
In Malacañang, President Aquino denied reports he has sent an emissary to persuade retired Justice Serafin Cuevas to withdraw from the legal team of Corona.
He was responding to reports that the emissary allegedly sought the withdrawal of Cuevas from Corona’s team in exchange for the retention of former National Bureau of Investigation (NBI) Chief Magtanggol Gatdula, as NBI chief. Both Cuevas and Gatdula are members of INC.
“I didn’t send anybody to talk to Justice Cuevas. In truth, that issue is not worthy of any comment,” the President said.
In a related development, former President Joseph Estrada said he envies Corona in the way his impeachment trial is being handled.
Summarily ousted as president following the walkout of prosecutors at his aborted impeachment trial in 2001, Estrada told reporters on Wednesday Corona was “more fortunate” for having an “impartial” presiding officer in the person of Senate President Juan Ponce Enrile.
“One thing I want to say is that CJ Corona is more fortunate than me because the presiding officer, Senate President Enrile, is very impartial,” Estrada said in a brief interview after his surprise appearance at the Senate session hall’s VIP gallery on Day 10 of Corona’s trial on Wednesday.
In his case, Estrada said partly in Filipino, “the trial was aborted, but Corona’s trial will be pursued to its end because [Senate President] Enrile said he will not allow any walkout.”
Estrada also acknowledged that the incumbent senator-judges appear determined to complete the Corona impeachment process “to correct the mistake during my trial which was aborted.”
Asked if he saw any difference in the two proceedings, Estrada replied: “The only difference is the presiding officer. The former presiding officer by the name of [former Chief Justice] Hilario Davide was part of the conspiracy to remove me.”
Estrada lamented that in his case, the outcome would have resulted in his acquittal had Davide ordered the continuation of his impeachment trial despite the walkout by private prosecutors.
“Yes, [I believe] I would have been acquitted because when the second envelope was opened it was proven that I was not guilty, isn’t it?” Estrada said in Filipino, recalling that former Senate President Aquilino Pimentel himself said that “had that second envelope that cost my presidency been opened it would have affirmed my innocence… it was not opened, they walked out, eh.”
At the House, Independent Representative Lagman of Albay said the administration’s inordinate focus on the impeachment and replacement of Corona was taking its toll on the economy and legislative work.
“The collateral damage of the impeachment proceedings on governance and legislation is becoming inevitable,” said Lagman.
“While the national growth has plunged to 3.7 percent last year, which is much slower than the 7.6-percent gross domestic product [GDP] expansion in 2010, and the number of hungry Filipinos has escalated to 4.5 million from 4.1 million last September, the Aquino administration has marshaled its time and resources to an agenda of ousting the Chief Justice,” he said.
Lagman said the implementation of national polices to address poverty and hunger may be stalled and the bailout of the fledging economy may fall at the roadside as all guns of the Aquino administration are aimed at Corona’s head.
He said major legislations stagnate as congressional prosecutors and senator-judges have assumed new roles outside of their traditionally mandated legislative functions.
He said that since the start of the impeachment trial, attendance in the House of Representatives has dwindled to less than the requisite quorum and committee hearings are sparsely attended.
House Minority Leader Danilo Suarez said the impeachment is totally counterproductive.
“I made that prediction that this is totally counterproductive. It is now happening,” said Suarez.
Suarez said that since Congress resumed session on January 16, the House never had a quorum and always adjourn before 6 p.m.
(With Mia Gonzalez and Fernan Marasigan)
