Rappler Newscast | May 29, 2012

Rappler.com

This is AI generated summarization, which may have errors. For context, always refer to the full article.

The senate impeachment court convicts Renato Corona for Article 2 of the impeachment complaint. | Only 3 senators vote to acquit Corona. | Dean Jose Manuel Diokno says the prosecution has the defense to thank for its victory.

 

Today on Rappler.

SEN. JUAN PONCE ENRILE: On Article II, 20 senators find the Chief Justice of the Supreme Court Renato Corona guilty as charged.

  • The senate impeachment court convicts Renato Corona for Article 2 of the impeachment complaint.


SEN. JOKER ARROYO: Impeachment is a political process, not a political assassination.

SEN. BONGBONG MARCOS: In view of the ambiguous situation created by the concurrent application of the 1987 Constitution, the SALN law, and the FCDU law
SEN. MIRIAM SANTIAGO: An omission in good faith in the SALN carries a light penalty JUMPCUT thus it is not impeachable.

  • Only 3 senators vote to acquit Corona.

 

DEAN JOSE MANUEL DIOKNO: they may have to thank the defense for that because in many ways the prosecution was able to prove the case through the evidences of the defense

  • And Dean Jose Manuel Diokno says the prosecution has the defense to thank for its victory.

 

It’s a historic Tuesday as the impeachment trial of Chief Justice Renato Corona comes to an end with a vote and a decision on its 44th day.

Story 1
3 SENATORS VOTE TO ACQUIT
Only 3 Senator Judges vote to acquit Chief Justice Corona –Joker Arroyo, Miriam Defensor Santiago, and Bongbong Marcos.
8 votes are needed to acquit Corona.
Arroyo questions the validity of the impeachment complaint.
Santiago and Marcos insist an omission in good faith is not impeachable.

SEN. JOKER ARROYO: Impeachment is a political process . No, a political assassination. An impeachment aspires to be a judicial proceeding that makes imperative that stick to judicial rules.
SANTIAGO: Nagpapaka linis kayo, aba kung malinis pala ang opisyales natin at malinis pala sa buong bansa eh bakit palagi tayong nililista ng Transparency International as one of the most corrupt countries in the world, mag titingin tayo? Sino kaya dito? Yan ang unang punto ko.
An omission in good faith in the SALN carries a light penalty, and is even allowed by the law to be corrected by the person who submitted it.  Thus, it is not impeachable
CLERK: what is your vote?
SANTIAGO: would you be surprise if I say that I vote not guilty.
MARCOS: In view of the ambiguous situation created by the concurrent application of the 1987 Constitution, the SALN law, and the FCDU law, and absent a determinative judicial pronouncement that resolves the contrary positions on this legal issue, the Chief Justice must be presumed to have acted in good faith.

Story 2
20 SENATORS VOTE TO CONVICT
Senator Judges vote an overwhelming 20- 3 to convict Renato Corona, well beyond the two-thirds or 16 votes required for a guilty verdict.
Most of them invoke public trust, public accountability and moral fitness.
Some senators say they don’t buy Corona’s story he doesn’t understand the accounting behind his accounts – pointing out he was a manager in the tax division of a prominent accounting firm.
But a majority of the senators invoke the principle of equal justice for all, and refer to a Supreme Court decision in Rabe vs Flores where a court stenographer was dismissed for not declaring her market stall.

SEN. EDGARDO ANGARA: Pera kapangyarihan, away pamilya, ito po ang ugat ng istoryang ito.
SEN. ALAN CAYETANO: Paano po kapag may kaso ang 1.3M civil servants, ilan man sa kanila, isa, dalawa,o marami sa Korte Suprema? Will the Chief Justice have the moral ascendancy now to convict that public official?
SEN. PIA CAYETANO: The Code of Conduct and Ethical Standards for Public Officials and Employees JUMPCUT requires that one states all assets, including cash on hand and in banks. There are no exceptions. To allow the contrary view would be setting a deadly precedent.
SEN. FRANKLIN DRILON: Where our Constitution and our laws require disclosure, he chose the path of concealment. He has lost his moral fitness to serve the people. He has betrayed the public trust. He cannot be Chief Justice a minute longer.
SEN. CHIZ ESCUDERO: Kung ayaw niyong ideklara, huwag kayong tumakbo para o tumanggap ng anomang puwesto sa gobyerno. Kahapon ay isinumite ko sa senado ang isang waiver pabos sa ombudsman upang buksan ko kinakailngan ang ano mang deposito ko, dollar man o ano mang uri ng currency kaugnay at kalakip ng aking SALN.
SEN. JINGGOY ESTRADA: I believe that the framers of the Foreign Currency Deposit Act did not intend to create the opportunity for public officials to conceal their assets or stash away foreign currencies under this law.
SEN. TG GUINGONA: How could one man use the very same constitution which mandates full public disclosure to justify the concealment of millions of dollars in his personal bank accounts? This is Constitutional Perversion in its ultimate form.
SEN. GRINGO HONASAN: I have been looking for a reason to acquit. Based on the doubts cast on his capability to dispense justice and to do his duty, he is no longer fit to preside over the highest court of the land.
SEN. PANFILO LACSON: Chief Justice Renato Corona used to work as a senior officer of the tax and corporate counseling group of the tax division of a prominent accounting firm, Sycip Gorres and Velayo and Company. I find it hard to believe his testimony that he does not understand accounting.
SEN. LITO LAPID: Para sa akin si cj corona ay lumabag sa batas. Hindi ako pwedeng magsalita ng mag-republic act dahil hindi maniniwala ang tao sa kin, hindi ako pwedeng magmarunong dito, ang ginagamit ko lang dito konsensya. Noong nagsasalita po dito si CJ corona, awang awa po ako sa kanya akala ko totoo ang sinasabi niya, hindi pala.
SEN. LOREN LEGARDA: ginoong pangulo kung ating mga batas 6713 nagpaparusa ng dismissal sa kawani ng gubyerno. Wala akong nakikitang dahilan para hindi ipatupad ang parehong batas na ito sa isang punong mahistrado. if we acquit the CJ we would tragically lift the floodgate for public suspicion & widespread distrust on the highest institution, we also lower the bar of public accountability.
SEN. SERGE OSMENA: Nowhere in the FCDU law is the depositor is not allowed to disclose his own bank deposits. In Rabe vs Flores a humble stenographer from mindanao had to be dismissed from because she had failed to disclose in her saln that she rented a market stall in the Panabo market. the High Court ruled that she was perpetually disqualified from holding office. We shld not penalize the poor man for stealing a bicycle but rule that the rich man must first steal a mercedes before he is subjected to a similar penalty. We must face the Ms. Floreses of our country whether in Mindanao, Visayas or Luzon. we must be able to tell them that justice is to the best of our ability being applied equally to rich & to the poor, to the powerful and to the powerless.
SEN. KIKO PANGILINAN: Sa kanyang talumpati sa harap ng Manila Press Club noong June 24 2010 kung ano ang nararapat sa mga huwes na di tapat sa tungkulin. Sabi po ni Chief Justice and i quote “Any member of the judiciary found to be dishonest, he should not only be dismissed, he should also be disbarred. No ifs or buts.” Sa kanya na po naggaling na pag and isang huwes ay nagsinungaling hindi lang ito dapat dapat masibak dapat din itong ma-disbar.
SEN. KOKO PIMENTEL: Ang patakarang pinapatupad para sa pangkaraniwang kawani ng gubyerno ay dapat ding ipatupad sa Punong Mahistrado. Ang batas para kay Juan ay batas din para kay Renato.
SEN. RALPH RECTO: So this boils down to the degree of unintentional miscalculation and logic dictates we accept the slight inaccuracies. In the case of the Chief Justice’s SALN, the undeclared assets is so huge, 50 times more than what he declared in cash. Mr corona knows this s because in cases brought to the SC, he had punished his fellow gov’t workers for much lesser amounts.
SEN. BONG REVILLA: In the end I arrive at the conclusion due to his own direct admission the CJ failed to declare his own true worth in his SALN.
SOTTO: Ang tunay na hukom sa paglilitis na ito and ang taumbayan, nadinig nila ang dalawang panig, tulad namin di lahat sila abudgado ang kapangyarihan ng demokrasya ay nasa kanilang mga kamay, in my conscience Mr. President i have heard their decision and for them i vote guilty.
SEN. SONNY TRILLANES: From now on no one is untouchable.
SEN. MANNY VILLAR: Naniniwala akong mabuting tao si CJ Corona pero sa isyung ito nagkamali po s’ya rito, dapat pantay pantay ang implementasyon ng batas na ito mayaman man o mahirap.

Story 3
ENRILE VOTES TO CONVICT
Presiding Officer Juan Ponce Enrile says the Senate faced difficult challenges to its collective wisdom, noting it was a delicate balancing act of the Constitution, the country’s law and the Senate’s own rules.
For the first time, the country hears the Senate President articulate his view of the Chief Justice.

ENRILE: I believe that the Respondent Chief Justice’s reliance on the absolute confidentiality accorded to foreign currency deposits under Section 8 of Republic Act No. 6426 is grossly misplaced.
All that it requires is a declaration of the total amount of the funds deposited in any bank account or accounts maintained by the public official or employee concerned.
The so-called conflict of laws between RA. # 6713 and 6426 is more illusory than real.
I vote to hold the Chief Justice, Renato C. Corona, GUILTY as charged under Article II, Par. 2.3.

Story 4
REPORT FROM SENATE TEAM ON THE DEFENSE

MARIA RESSA: Joining us now from the Senate is Rappler’s Natashya Gutierrez. Natashya, what a historic day. How did the defense react to the vote?
NATASHYA GUTIERREZ: Well Maria, quite surprisingly, they actually took the verdict quite well. I talked to several of the defense lawyers and most of them said they accepted the verdict. I did also speak with lead counsel Serafin Cuevas and he actually expressed surprise on how overwhelming the vote was to convict the Chief Justice. He said that although he somewhat came in knowing there was a possibility that they would lose the case, he said he didn’t expect the vote, the gap to be so huge. He said he didn’t expect a 20 to 3 vote and he said that at first he actually thought the voting was pretty even because if you recall, Maria, in the beginning I think it was about 3-2 and then there was just, you know, a stretch wherein all the senator-judges started voting one-by-one to convict the Chief Justice. So I think this caught them by surprise but for the most part most of them acted very professionally.
Although, the one defense counsel that I did talk to who expressed some reservation was defense counsel Judd Roy. He said that he was quite surprised that the Chief Justice was convicted even if the senator-judges themselves had admitted that the evidence was quite weak, Maria.
MARIA RESSA: What will they do next, Natashya?
NATASHYA GUTIERREZ: That is the big question in everybody’s mind. What will the defense do next?
Well, there have been some talk about whether the defense will now go to the Supreme Court and ask for an intervention or ask them to appeal the decision and they say that that’s actually according to the Chief Justice. It will be completely his decision on whether or not they will move forward with this case. But the other thing that Serafin Cuevas also told all of us was that they will definitely need to think long and hard about what their next move is. This is a very historic trial and they don’t want to anger anyone. He acknowledged that there may be some backlash in the event that they do move forward. So he said that they would have to discuss this as a group and for them to move forward, they would have to find a grave abuse of discretion which will be the basis of their appeal, Maria.
MARIA RESSA: Thank you Natashya. Natashya Gutierrez from the senate.

Story 5
REPORT FROM SENATE TEAM ON THE PROSECUTION

MARIA RESSA: Joining us now from the Senate is Rappler’s Ayee Macaraig. Ayee, at 20 to 3 that is an overwhelming vote to convict. How did the prosecution take it, what was the mood?

AYEE MACARAIG: Maria, the mood here for the prosecution team is very festive. They say the 20 to 3 vote is a pleasant surprise. The prosecutor’s were only expecting 17 to 18 votes for the conviction of Chief Justice Renato Corona. They say it showed the message that Corona’s conviction is a victory for public accountability and a step toward improving the judiciary.
The 20 to 3 vote was a surprise especially because some of the votes came from people that the prosecutors were not expecting to convict Corona. One is senator Bong Revilla, a partymate of former President Gloria Macapagal-Arroyo who cast the 16th and the clincher vote for Corona’s conviction. Prosecutor’s say that was a big surprise. Another crucial vote they say is the vote of Senator Lito Lapid who cited the now famous speech of Congressman Rodolfo Fariñas, the palusot speech that we heard yesterday in the closing arguments. Here is Congressman Fariñas’ take on that vote of Senator Lito Lapid.

REP. RODOLFO FARIÑAS: Nakakataba ng puso and I think Sen Lito Lapid represents a great bulk of our people kasi ang daming tao nagsabi sa akin noon. pati sa twitter nagtrending daw because medyo naintindihan ng tao so saludo ako kay Sen Lito na sinabi niyang naintindihan niyang mabuti dahil sa paliwanag natin.

Now Maria, we will see if the standard set for the Chief Justice will also be applied for the congressmen, the lawmakers and the senator-judges. Many of the people who were watching this trial said this change should not stop with Chief Justice Renato Corona. We will now see of the law makers will apply these principles and these standards that they set for the highest magistrate of the Supreme Court in their own lives as public officials, Maria.    

MARIA RESSA: It’s really interesting Ayee to see so many of the senators’ speeches and also call for the waiver, this famous waiver. What do you make if it. What’s next?

Well, we heard from Senator Francis Escudero asking for support for his bill that will require public officials to sign that waiver on their bank accounts. But some of the senators that we talked to do not seem to be very keen on that kind of bill. They said that the SALN already comes with a built-in waiver. It will be really crucial in the coming days to see if these kinds of legislative reforms will gain support in the Senate and also in the House of Representatives. Another key thing to watch out for in the coming days is the selection of the new Chief Justice. Private prosecutor Jose Justiniano says that this impeachment should send a message to the judicial and bar council to choose the candidates well and also for President Aquino to make his appointments well because as we see, it is very hard to remove Justices through impeachment. Senator Edgardo Angara called the impeachment a painful but cleansing process that is necessary. We ask him what we thought of the overwhelming vote of the senate, he says it also sends an overwhelming message to public officials. Here’s his message.

SEN. EDGARDO ANGARA: The overwhelming message is you guys better take your job seriously. you are public servants. Do your job well. That’s the message.
the SALN is only an emblem of that higher standard being demanded by the people.

Tomorrow, Maria,  senator-judges will be back to being regular senators and it’s catch-up time for them for the legislative work because Congress will adjourn on June 7th and they have to pass the bills that they need before that adjournment because as we saw these past 4 months, the attention not just of the senate but also of the house of representatives has been focused on this impeachment trial. Not that it’s finally over, we hope that the necessary bills, legislation, the main function of congress will be attended to, Maria.

MARIA RESSA: A historic day Ayee but only the first step of many. Ayee Macaraig from the senate.

Story 6
DEFENSE’S KEY MISTAKE
De La Salle School of Law Dean Jose Manuel Diokno says the prosecution has the defense to thank for its victory.
He says calling Ombudsman Conchita Carpio Morales to the stand was a “tactical mistake” on the part of the defense followed by another mistake – Corona’s testimony.

DIOKNO: On the legal side, I think despite the difficulties they faced, the prosecution is somehow able to prove the case and they may have to thank the defense for that because in many ways the prosecution was able to prove the case through the evidences of the defense.
MARIA RESSA: It was actually the defense that introduced the evidence that was used against them. Tell me, how can the defense make such a large…?
DIOKNO: Of course, it is easy to make this post mortems but there were probably a number of tactical mistakes made by the defense. One of them and probably most crucial was calling in the Ombudsman Morales to testify on the trial. And second of course is the decision of the Chief Justice himself to take the witness stand. It may have been a totally different story if Ombudsman Morales haven’t testified and the Chief Justice had come on the stand immediately, who knows.

Story 7
THE wRap: YOUR WORLD IN ONE READ
Let’s now look at Rappler’s “wRap” for today a list of the ten most important events around the world you shouldn’t miss.

At number 4, United Nations special envoy Kofi Annan arrives in Syria to salvage a peace plan. Pressure increases after a wide international condemnation of a brutal massacre last week that killed 108 villagers including women and children.
Chairman of the US Joint Chiefs of staff say military intervention may happen if the atrocities continue.

At number 5, American Idol runner-up Jessica Sanchez, the first contestant with Filipino roots to make it that far in the competition, performs at the National Memorial Day concert at the West lawn of the US capitol in Washington DC.
Memorial day honors the American men and women who died serving their country.
Sanchez opens the program by singing the national anthem. She later sings The Prayer.

At number 6, European stocks rise as the Euro recovers slightly after Greek politics start showing quote support for pro-bailout parties. While analysts say there may be a greater emphasis on good news leading up to Greece’s second election in 6 weeks on June 17, there’s still more trouble in Europe after Spain’s debt yields hit a record high.

At number 8, Former British Prime Minister Tony Blair appears in front of a judicial inquiry into Rupert Murdoch’s ties to power.
The godfather to one of Murdoch’s daughters, Blair says the media tycoon never tried to lobby him for commercial interests and that the Labour party “decided more often against than in favor” on regulatory matters affecting Murdoch’s companies.
Their testimonies had one thing in common: disruption. Like the pie throwing incident during Murdoch’s testimony, an anti-war protestor interrupted Blair’s testimony and accused him of being a war criminal.
Blair denies the charges.

And at number 10, Pop superstar Justin Bieber allegedly hits a photographer who tried to take a picture of Bieber and girlfriend Selena Gomez in a mall in California.
A spokesperson for Bieber did not immediately respond to media inquiries.
The photographer complained of pain and was taken to the hospital.
For the full top ten, visit Rappler.com’s ‘the wRap’.

-Rappler.com


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