Judging the Chief Justice by Atty. Sadian

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  • 7/31/2019 Judging the Chief Justice by Atty. Sadian

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    CONTENTS NATION WORLD BUSINESS TECHNOLOGY

    NATION

    L

    Judging the Chief Justice

    At its climax, the trial of Renato Coronasets a high standard in publicaccountability and transparencyBy Atty. John Carlo Gil M. Sadian

    STRATEGY POINTS

    The Chief Justice's testimony focused theSenate on one issue: Should he be removed fornot declaring $2.4 million in deposits?

    Corona's appearance before the nation and hisa new standard for accountability

    The Senate verdict will have immense impact onthe Judiciary, our constitutional democracy, and

    the political landscape

    GMA News

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    The

    CenSEI Report

    see page 16

    Dollars on center stage.

    see page 8

    Articles

    Corona maintains his conscience is

    clear.

    Judging the Chief Justice

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    CONTENTS NATION WORLD BUSINESS TECHNOLOGY

    charges

    see page 12)

    Family feud over real estate. As a

    GMA News video

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    Only four dollar and three peso

    accounts.

    Commingled family and corporate

    funds.

    that

    has

    that his

    children

    their

    a single

    the bigger

    the

    the bigger

    the interest

    Waiving

    bank

    secrecy

    with

    a big if.

    DZMM video

    Judging the Chief Justice

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    CONTENTS NATION WORLD BUSINESS TECHNOLOGY

    Prompted by news of a probe into Chief Justice Renato

    Coronas dollar accounts, the Defense asked the Senate

    to subpoena Ombudsman Conchita Carpio Morales, who

    is conducting the investigation, and those who signed the

    complaint she is looking into. The result of her probe had, in

    fact, already been referred to the House Speaker for another

    possible impeachment complaint once the one-year bar

    expires in December.

    In her testimony, retired High Court magistrate Morales

    alleged in a PowerPoint presentation that Corona had at

    least $10 million in transactional balances through 82

    dollar accounts from April 2003 to February 2012. She also

    elections and the impeachment last December.

    The presentation, according to Morales, was based on raw

    authenticate those documents, although one of its three

    members, Insurance Commissioner Emmanuel Dooc,

    . The propriety, and even the legality

    been questioned.

    Nonetheless, Morales made these

    in her presentation, which was produced by Commission

    on Audit Commissioner Heidi Mendoza:

    branches/places

    the

    Ombudsman revealed that two separate deposits of

    $500,000 were made to a Bank of the Philippine Islands

    (BPI) Acropolis account on May 12 and May 14, 2004. On

    to $293,645.23 were made to a BPI San Francisco del

    cjpanganiban.ph

    The Ombudsmans testimony: The whole truth or a lantern of lies?By Atty. John Carlo Gil M. Sadian

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    Monte dollar account. Morales also said that on the week

    the Chief Justice was impeached, a total of almost $3.4

    million were moved from Corona's alleged dollar accounts

    in BPI, Philippine Savings Bank (PSBank), and Allied Bank.

    Thus, between April 14, 2003 to December 22, 2011, the

    amounted to a staggering $12.15 million. Note that the

    balances but rather they are transaction balances.

    Corona quickly disputed the PowerPoint presentation,

    calling it a lantern of lies. According to the Chief Justice,

    The number of accounts alone is at best ridiculous. Her

    PowerPoint diagram is a lantern of lies which only messed

    up her presentation, contrary to what some believe now as

    damning evidence. He eventually used his own PowerPoint

    presentation to rebut Morales allegations when he took

    the witness stand.

    a statement

    saying, Either she does not know what she is talkingabout or is purposely misleading the Impeachment Court

    at the bloated numbers?When asked by defense lead

    accuracy of the data, Morales herself admitted, I would

    not have known that because the report was furnished to

    Checking out a column by Rigoberto Tiglao in the Philippine

    Daily Inquirer, the Inquirer reported, in a separate article,

    that bankers uniformly said that an estimate of the

    Supreme Court chiefs bank account balances made

    by adding up all transaction values over time would be

    said that Tiglaos column was on the correct track.

    Besides citing the gross error of summing up transactions

    to come up with balances, the columnist had argued that

    many of the 82 accounts were probably created for short-

    term investments like time deposits and money-market

    placements, each of which would require a separate bank

    account, to be closed once the investment matured.

    In his Senate testimony, Corona disclosed that he had

    only four dollar accounts containing $2.4 million. With his

    waiver allowing banks and government agencies to revealhis assets and business connections, probers can now

    check who is telling the truth: the Ombudsman or the man

    she investigated.

    Date Amount in $ Transaction

    December 12 470,978.80 trust fund contributionplacement investment

    December 12-13 135,359.01 Encashment

    December 13 388,771.22 purchase of manager's check

    December 13 12,888.67 debit memo

    December 15 465,000.00 securities sold

    December 15 343,192.62 Withdrawal

    December 19 487,998.09 purchase of manager's check

    December 19 22,998.09 excess of deposits

    December 20 687,648.55 debit memo

    source: TCR compilation

    PTV

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    From court to hospital.

    barred the

    Presiding

    Back in trial with a waiver and no

    ifs.

    he

    GMA News video

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    How much money does the CJ have?

    regarding

    sub judice

    Judging the Chief Justice

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    CONTENTS NATION WORLD BUSINESS TECHNOLOGY

    March-June 2010: Arroyo appoints CJ Corona

    as Aquino protests. The Supreme Court ruled in

    De Castro vs. Judicial and Bar Councilthat thenPresident Gloria Arroyo could appoint the next Chief

    Justice. Two months later CJ Renato Corona was

    sworn in. President-elect Benigno Aquino III disputed

    the appointment; on June 30 he took his oath before

    Associate Justice Morales, who dissented in the

    March 17 ruling.

    July-December 2010: Aquinos Truth

    Commission is ruled unconstitutional. On July

    30, President Aquino issued Executive Order No. 1creating the Truth Commission to investigate alleged

    corruption in the past administration. In August, the

    House opposition questioned the constitutionality of

    the Truth Commission. On December 7, 2010, the

    Supreme Court declared EO 1 unconstitutional for

    violating the equal protection clause, but suggested

    revisions to make it abide by the charter.

    September 2010-April 2011: High Court stops,

    then clears Gutierrez impeachment. The Supreme

    Court issued a status quo ante order stopping

    impeachment proceedings against then Ombudsman

    Merceditas Gutierrez, but lifts the stay in February

    212 Congressmen

    voted to impeach the Ombudsman. On April 29, ten

    days before her Senate trial was to begin, Gutierrez

    resigned.

    October 14, 2010: TRO on EO 2 stirs Aquinos

    The Supreme

    Court issued a status quo anteorder stopping

    implementation of Executive Order No. 2 removing

    election ban on presidential appointments tookeffect. Aquino criticized the ruling as blocking his

    reforms and warned of chaos and paralysis in

    government.

    November 15, 2011: Aquino government

    disobeys TRO on Arroyo travel ban. The Supreme

    Court voted 8-5 to issue a temporary restraining

    order (TRO) on the Department of Justice (DOJ)

    watch list barring former President Arroyo and her

    husband Jose Miguel Arroyo from travel abroad.

    Chief Executive vs. Chief Justice: Road to impeachment

    ABS-CBN/YouTube

    By Mary Grace V. Pulido

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    judge Jesus Mupas orders Arroyos arrest for alleged

    electoral sabotage, an unbailable offense.

    November 2011-April 2012: Supreme Court

    orders Hacienda Luisita distributed. The Supreme

    Court ruled 14-0

    President Aquino

    accepts the decision on his Cojuangco familysestate, citing two objectives: empowerment of the

    farmers [and] just compensation for the landowners.

    On April 24, 2012, the High Courts

    1989 prices, denying the clans 10-billion demand.

    December 4, 2011: The Chief Executive lambasts

    the Chief Justice to his face. President Aquino

    lashed out at CJ Corona at the 1st National Criminal

    Justice Summit. In his speech, the Chief Executive

    lambasted the Chief Justice as a midnight appointee,and repeated attacks on High Court rulings against

    his EOs. Coronas calm response: Just let it be. Its

    December 12, 2011: House impeaches

    Based

    on a 20-minute Powerpoint presentation, 188

    congressmen signed the 57-page Articles of

    Impeachment against Corona. On January 12,

    President Aquino praises his partymates for the

    Corona impeachment.

    RTVM

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    CONTENTS NATION WORLD BUSINESS TECHNOLOGY

    by the

    The Palace

    Issues for oral arguments.

    the

    in

    GMA News video

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    and

    Atienza

    the

    Judging the Chief Justice

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    the eightArticles

    The CenSEI Report

    ARTICLE I. Respondent betrayedthe public trust through his track

    record marked by partiality and

    subservience in cases involving the

    Arroyo administration from the

    time of his appointment as Supreme

    Court Justice which continued to his

    dubious appointment as a midnight

    Chief Justice and up to the present.

    Your Honor: ImpeachmentCharges, Responses, andEvidence By Atty. John Carlo Gil M. Sadian