Events that shape 2012 in the Philippines

2012 was the year when President Benigno S. Aquino III tightened the screws against perceived enemies of the administration. Despite repeated protests that it will worsen the state of relationship between the Executive and the Judiciary, Aquino pushed on and completed attacks against the former Chief of the Supreme Court, Renato Corona. Corona was deposed largely by a sympathetic Senate. He was replaced by Justice Sereno, whom many thought too young for the post and too close to the palace. Until now, Sereno has not repaired her ties with fellow justices who still refuse to share the stage with her every single flag-raising ceremony at the Supreme Court.

Worse, Sereno is now embroiled in a very embarrassing situation when she allegedly "faked" a Supreme Court resolution establishing a judicial council in the Visayas. She is being made to explain by her colleagues but she always manages to forego it. Her flagging techniques are irritating members of the Court who still see her as a stooge of the administration.

It seems that this administration is trailing its guns against remnants of the political forces which supported the previous dispensation still entrenched in the Visayas, specifically Cebu. Before Christmas, the DILG implemented an order of suspension against Cebu Governor Gwendolyn Garcia, whom the government accused of abuse of powers. Garcia was suspended for ninety days, enough to prevent her from using government resources to prop up her political allies in the island. Garcia refused to toe the DILG line, asking the court for reprieve. Seems like the new year will start with a political controversy, unless of course, Garcia finds someone close to Noynoy and enters into a political compromise. Sources however say, this is unlikely to happen since Garcia is really perceived as a strong political enemy by the Liberal Party in Cebu. In all likelihood, Garcia will eventually be forced to vacate her post.

Garcia is claiming to be an administration ally but she is not. She belongs to the UNA, a party which is being run by Vice President Jejomar Binay. Binay's party has recruited the best oligarchs and political heavyweights in every province in time for his bid to the presidency by 2016. Garcia's vaulted political influence in Cebu has not escaped the eye of the former Makati mayor whose popularity continues to amuse the minds of political observers.

What is so surprising is the fact that former Arroyo men are being recruited or has jumped into the UNA bandwagon, something which has surprised many loyal UNA "survivors". It seems that the policy is not of attrition, but of "addition without principles" something which leaves a very bad taste in the mouth. This early, we see a Binay presidency without the moral backbone.

Speaking of morals in governance, we mourn the passing of Ramon Magsaysay awardee Jesse Robredo. Robredo died in a plane crash. The nation wept at his death, an untimely one since many regard Robredo as a paragon of new politics, something greatly needed by this country. In his lifetime, Robredo showed how honorable public service really is, something which boosted the feelings and trust of many behind governmental institutions. Robredo was a great example of a man whose actions were always, always imbued with principles. He lived a frugal and honest life, something which we never saw in other government officials.

With Robredo's death, the complexion of the DILG changed. Robredo's time, there was a perception that the agency was being used to serve the people. Now, under the helm of former presidentiable Mar Roxas, this agency is now being considered as a springboard for the 2016 candidacy of Roxas.

There is no doubt at all that Roxas is really hell-bent in gaining a strong political foothold before 2016. The thing is, some observers say, he lacks the political intuition of a Robredo and the political savvy-ness of a Binay. He continues to be perceived as a weak political force, something which he needs to address very early in the game. Yes, the DILG, when handled properly, could actually boast his chances. He should have put his foot down and transformed Mindanao into a mini-Marshall plan area.

Chief Justice Corona free to leave RP?

Now that the Senate impeachment court has dispensed a very strong verdict against Chief Justice Corona, and there is still no pending case against him, surely, Corona has the right to leave this country, right?


Wrong, that is, if President Aquino is to be asked.


President Aquino today just announced his plan of charging Corona with a crime. He says that whoever did a crime is liable to the Filipino People.


The question that is toying in my mind right now--what if Corona decides to leave for Spain tomorrow, will this administration prevent him like what it did to former president Gloria Macapagal-Arroyo?


There will be a very serious repercussion if Aquino administration hinders or prevents the Coronas from leaving the country.


You should not beat or kick a dying man. Corona has accepted his fate. Fact is, Corona would have appealed and that would have sparked a constitutional crisis. Preventing him from leaving the country will surely backfire and will justify what Corona alleged in the start of this impeachment teledrama--that this administration's motivation is purely personal.

A guilty verdict for the Chief Justice

Senate President Juan Ponce-Enrile yesterday was emphatic with his declaration that the Senate Impeachment court is a trier of "facts". It is not convened for the purposes of interpreting or construing a law. 


What Manong Enrile wanted to impress is, the Court merely wants to know if the accusations heaped against the Chief Justice have basis in fact and violations of law. These articles of impeachment, mind you, were used to justify the impeachment of the Chief Justice by the lower house. In the minds of 188 Congressmen, Atty. Renato Corona violated the law when he failed to fully disclose his assets and liabilities in his SALN. That explains why these articles were heard and were re-phrased to be fully concrete and exact in alleging certain acts committed by the Chief Justice.


Meaning, the Court is trying to know whether or not the Chief Justice committed an act which violated an existing law. The law in question here, is a special law. When someone committed a violation of a special law, he is being punished by his very act. For example, you beat a red light. There is a special law punishing you for doing that. The court's function is simply determine whether or not you did, indeed, beat the red light. The traffic enforcer's job is present evidence backing his accusations up. There is no more determination if you did it because someone bumped you from behind or you lost your brakes that caused the rule to be broken. These "reasons" or "alibis only affect the gravity of your case, but not your culpability or liability. The Court may mitigate your crime, or you may be justified due to extraneous circumstances but still, the Court will still find you guilty of the violation which you are accused of.


That's the law. The law, they say, may be harsh, but that is the law.


Totally different, when, say you are accused of a crime which is considered malum in se which is evil from the very onset. These are acts which have been considered evil or morally wrong from the very beginning of time. One such act is murder.  Criminal intent to commit is essential in prosecuting you or establishing your culpability or guilt.


Going back to this case---establishing whether an act violated a special law, which is termed as mala prohibitum, does not need to be as tedious as to know the intention of the violator in violating the act of which he is being accused of. The mere establishment of facts supporting the cause of the action is sufficient to render a guilty verdict.


Think about this absurdity if the court finds the Chief Justice acquitted of these charges by merely stating that the law on SALN is silent on foreign bank deposits and therefore, non-disclosure is not a violation. 


Likewise this--the Chief Justice reiterates that his bank deposits were made during the sixties which is before the passage of the AMLC law and other laws which prohibits the non-disclosure of foreign bank deposits.


Bare in mind that the act mentioned as his offense was allegedly undertaken in 2010, a period within the prohibitions stated by law. What the law intends to punish is the non-disclosure of these assets and liabilities last 2010, and not the existence of these foreign bank deposits since the 1960's. This fact is irrelevant in establishing innocence in breaking the disclosure requirements.


What I meant is--we are not concerned with the existence of these bank deposits. The issue at bar is why did the Chief Justice failed to fully disclose his assets and liabilities. The Chief Justice is not being accused of illicit wealth--he is being accused of simply breaking the law on SALN. The Chief Justice is not being accused of having dollar deposits. Opening a dollar deposit account is not a crime. Engaging in foreign currency trading is not a crime too. However, not disclosing these accounts by a government official is a violation of law, since every official  is required by law to disclose these assets thru the SALN.


Irrelevant still are the following defenses:


1. Those local bank accounts were "co-mingled" with monies of Corona's wife and children, hence, not entirely his. In the eyes of the law, bank accounts are owned by the person whose name is stated in the records of the bank to be the owner of the account. The Chief Justice should have stated this account and made a qualification--that he merely owns 3 or 4 or 10 million pesos in those accounts. This is allowed by the SALN law.


2. The Chief Justice owns only 5 properties out of the 23 properties he is being accused of having. These three or five properties were not stated in his SALN, therefore violates the law.


3. The Chief Justice says his foreign bank deposits ballooned to US$ 2.4 million because he opened these accounts when it was just 2 pesos per 1 dollar. He also declared that he lived an austere life. Again, these defenses are irrelevant because the Impeachment Court is not interested in determining where he got those millions---it is only interested in establishing the fact that he failed to disclose such amounts in his SALN. 


The Chief Justice himself admitted in open court that he did not declare his US$ 2.4 million in dollar deposits nor those millions in local bank deposits.


His non-disclosure itself is a violation of the law.


Again, let me reiterate--the Chief Justice is not being accused of acquiring illicit wealth, no. He is being accused of breaking the law himself when he failed to disclose these facts in his SALN.


Read the following entry on what the Cj should have made as a defense...

Acquittal for the Chief Justice

The Chief Justice may be acquitted on the grounds of what? Ignorance of the law? Ignorance, says a Latin legal term which a Freshman law student always utter during his first year in law school, of the law excuses no one of compliance therewith. 


Three questions are now before the Senator-Judges. One is, did the Chief Justice failed to disclose his assets and liabilities fully before the public thru his Statement of Assets and Liabilities and Net worth? Two, did the Chief Justice render decisions favoring former president Gloria Macapagal-Arroyo and lastly, questions as to the partiality of his decisions rendered before the court.


Any one of these charges could actually validate or confirm the charge of impeachment by the Lower House. The prosecution presented more pieces of evidence to prove just one of the three articles of impeachment which is the non-disclosure or full disclosure of his assets and liabilities.


The Chief Justice had an alibi----his non-disclosure of his bank accounts was deliberate because he interpreted the law protecting the confidentiality of these accounts as absolute. His local bank accounts were also not reported because it was never really his--monies were co-mingled with his and his wife's money, something like a paluwagan scheme where everyone's monies were deposited in an account for it to earn higher interests. As to the number of his properties, he claims only five properties, which were all listed in his SALN. 


During an informal "cross" by Senator judge Drilon, it was proven that the Chief Justice also failed to include a 34.6 million "liability" in his SALN when he took out such amounts from his local savings account. 


So there---what the Chief Justice said these "non-disclosures" were made without malice because he interpreted the law this way and that way. Hence, he deserves to be acquitted.


An acquittal would probably be in the minds of several people in the Senate because the Chief Justice "alibi" is acceptable, since many people actually do these things.


As they say, you make your money grow. What the Chief Justice revealed was something known by many people who work hard to make their monies make more money.


Senator Pangilinan and Cayetano asked the Chief Justice why did he opted not to declare these assets in his SALN, when these assets were fruits of a legitimate enterprise?


The answer of course is simple for the Chief Justice---his local accounts are not entirely his, therefore, it is his discretion to reveal or not to reveal it; same goes to his foreign bank deposits.


read the next part....a Guilty Verdict.

Five questions on the Impeachment trial of Chief Justice Renato Corona

Question no. 1: Is the prosecution correct in telling the  Filipino people that the Chief Justice Corona has local and dollar accounts?

Answer, partially correct. The Chief Justice admitted having dollar accounts amounting to US$ 2.4 million. He also admitted having local bank accounts.

Question no. 2: Is the prosecution correct in saying that the Chief Justice failed to include these assets in his Statement of Assets and Liabilities?

Answer: Yes. The Chief Justice failed to include these assets in his SALN. However, the CJ posits a qualification--he did that without malice. He says that he interprets a 1974 law as applicable to his case. This law says that there is absolute confidentiality in the disclosure of foreign bank accounts.

Since there is this law, then, it is not illegal for a government official not to fully disclose all his bank deposit accounts.

Besides, these deposits are not entirely owned by the Chief Justice since these are "co-mingled" funds. Meaning, both his and his relatives' monies  were deposited in these deposits so that it earns higher interests.

Question no. 3: The law is clear on the disclosure of all assets under the SALN law.

Answer: No. The SALN law, according to the Chief Justice, is not entirely clear in its instruction in disclosure of assets. It counters an old law. However, if we are to follow the rules of statutory construction, this 1974 law has been superceded by the 1987 Constitution.

Question no. 4: Is malice a necessary element in determining the innocence or guilt of the Chief Justice in the accusation made by the prosecution on him violating the 1987 Constitution.

Answer: No. The existence of malice is not an important component in determining guilt or innocence. What the accusers of the Chief Justice accused him of is the violation of the SALN law, a special law.

Violations of special law only requires evidence which proves that the law was indeed violated.

Question no. 5: What is the liability of the prosecution in presenting evidence which points 

to the existence of 82 bank accounts and several properties of the Chief Justice?

Answer: Nothing. It seems like the prosecution this time will never be prosecuted for the partially true accusations they heaped against the Chief Justice. It seems like the very purpose of all these is to harm the integrity and reputation of the Chief Justice.

The Filipino People dares 188 Congressmen and Several Senators to file their waivers

Now that the Highest Magistrate of this country already did what was expected of him, I, along with the rest of the Filipino People who want nothing more than see a cleaner bureaucracy, demand that these 188 Congressmen and several moralizing Senators to also file their waivers on the confidentiality of their foreign bank accounts.

The Chief Justice's act today is highly significant because it shows his willingness to "bare all" before the Public. No one expected him to do this. 

Is this the act of a guilty person? I guess not.

What spin doctors of this administration tried to weave is a guilty Chief Justice whose strategy is simply to avoid prosecution by not entertaining cross-examination.

Surprises of all surprises! Both the prosecution and the defense said that they will not cross-examine the Chief Justice.

Is this an indication that there is an agreement between both camps to spare the Chief Justice from further ignominy?

The absence of a cross-examination signifies that both camps have already submitted enough evidence for the members of the impeachment court to rule on this issue. Hence, this issue is now closed.

Senate president Juan Ponce-Enrile says that the Court will rule on the issue of impeachment by May 29,2012.

Chief Justice Impeachment Trial is as simple as getting an apple from the ref and not telling your mother what you did

If this impeachment trial of Chief Justice is as simple as determining whether or not he declared every single thing in his Statement of Assets and Liabilities, then, this should have been over since the very first admission of the defense that (1) indeed, the Chief Justice maintains local bank accounts and properties not entirely listed and (2) instead of 82 bank deposit accounts, the Chief Justice maintains just four or five. Whether it is five or four accounts or just one, the question is very simple---did he declared these bank accounts in his SALN? 

Why is it very important that the Chief Justice or anyone answer this question? This is the main reason why he was impeached by Congress and the very same reason why he is being tried by the Senate. 

By not declaring these things in his SALN shows a flaw in his integrity and honesty as a government official.

By purposely glossing over these things, and skirting the issue of declaration, the Chief Justice has very well answered the basic or core issue. 

But no, this is not solely about the Law, this impeachment trial is also political. Why is he being asked to formally declare every thing he own in his SALN? Because someone wanted to hit him. And that someone happens to be Malacanang.

Corona, in his speech says that the reason why he did not declare his foreign bank deposits is his differing view about the law on SALN. Corona invoked a martial law rule which says that foreign bank deposits are confidential; hence, no one, except the Courts can compel someone to disclose these deposits before the public.

That law is as old as Cuevas, and since it was made during Martial law, it is now superceded by the new 1987 Constitution. There is a provision in the basic charter which says that those laws which contravene the spirit and intention  of the Constitution are rendered unconstitutional.

The SALN law is one of the measures thought of by several of our legislators for one thing and one thing alone---to be able to curb graft and corruption and for the people to be able to see whether a government official has enriched himself while in office.

Which between the two is paramount---the right to confidentiality or the right to disclosure?

Chief Justice Corona to resign ala JDV?

Speculations abound as to what Chief Justice Renato Corona will do once he sits before the Senate Impeachment trial on Tuesday. Several deep sources say, the initial plan really was for Corona to testify last Thursday but for some unknown reason, they changed it to Tuesday.


Talks are rife that CJ will announce his resignation, similar to what former Speaker of the House Jose de Venecia Jr did at the height of the ZTE controversy. Resignation talks swirled shortly after Ombudsman Morales' testimony on the existence of 82 bank accounts which allegedly contain US$ 10 million. Palace insiders expected the CJ to announce his resignation, but he did not.


Now, several talks indicate that the CJ will use the impeachment trial as his "pulpit" to denounce the insidious-ness of the Aquino administration. Like what JDV did before he "gave up the ghost", CJ will unload his bombs right before he announces his resignation. He will coat his words like he is ready to become the judiciary's "Christ" or the sacrificial lamb for the sake of unity between the judiciary and the executive.


Let me say this--these are just "talks" which this writer got from several sources. I am not saying that this will happen--I just wrote what I heard from the grapevine. 


Politically speaking, the CJ has indeed, been killed. He does not have enough numbers to create a huge play. He has several groups behind him, but not enough numbers to really dictate the pace of the game. He should have been more active in the propaganda war, but, his strategy fails and backfires, mainly because his handlers are using age-old tactics which do not apply to modern times any longer. 


What are his options now, say you? Inspite having a very strong defense, this impeachment will  not entirely depend on that, but on other reasons as well, including favorable public support. Morales' testimony, as some surmised, was the coup d'grace. The only option left for him is debunk the authenticity of those bank documents. Should his defense panel opt for a technicality, this writer believes that they will lose the war altogether. 


The only option left is for him to avoid further prosecution.

Ombudsman: Chief Justice maintains 82 bank accounts with US$ 12 million deposits

Ombudsman Conchita Carpio-Morales sounded like a broken record when she presented a powerpoint presentation which showed Chief Justice Renato Corona reportedly maintaining US$ 12 million in 5 banks abroad. Eighty two accounts were allegedly owned by Corona. The documents which the Ombusman possesses reportedly came from the Anti-Money Laundering Council or AMLC. AMLC is the one authorized by law to conduct an inquiry into questionable bank accounts or deposits being maintained by government officials, both here and abroad. 


Defense counsel Serafin Cuevas had a hard time with Morales. Cuevas wanted to elicit some favorable responses from the former Associate Justice of the Supreme Court, yet, the octogenerian failed. The Inquirer describes the scene showing Cuevas and Morales as a fight between a feisty witness with that of a subdued interrogator. 


Most of the Senators who witnessed the cross examination say that the prosecution scored on this one. 


In a text message I received last night from a colleague, Chief Justice Corona says that he will respond to Morales' "bloated amounts" in the right time, indicating that the fight is not yet over. 


Last night, rumours circulated that Chief Justice Corona might announce his resignation last night or on Thursday, when he is expected to take the witness stand. Seems like the propaganda machinery has once and again, reared its ugly head. 


As an independent observer, I think that it will be a hard one for Corona to prove his innocence before the bar of public opinion this time around. The AMLC has proven its competence and integrity since it first hugged the headlines during the impeachment trial of Estrada. In that trial, domestic bank accounts were the subject of inquiry. Now, it seems that even without the benefit of a court instigated order, the AMLC is now empowered to scrutinize even dollar deposits made by government officials abroad. 


The Defense should change its views about this trial. If it uses technicalities to win, the Defense will surely lose its case before the bar of public opinion. There are two sides of this trial: one, a legal one and two, a public one. The most important one is not legal, but public opinion. Even if Corona wins an acquittal, but the acquittal was based on a technicality, he will lose his integrity and will forever suffer doubt before the minds of the people.


The challenge is---how to adequately explain this issue before the court and the people without both thinking that they are being led to a decision based on technical grounds. 

Gus Lagman's Rants and the Chief Justice's Conviction

A conviction of the Chief Justice will boost the waning power of the politically beleaguered Chief Executive. An acquittal will surely cast aspersion on the ability of the President to influence the courts; hence, it directly hits his political power base. An impasse will definitely prolong this political struggle between the Supreme Court and the Office of the President, affecting all the affairs of this state. 


This impeachment comes at a time when certain groups once allied with the President have already separated from him. It also comes at a time when Vice President Jejomar Binay has already announced his senatorial bets for 2013, sorely affecting his ties with the palace and that of the main administration party, the Liberal party. 


Though publicly, both Binay and the President acknowledges the continued political alliance, on the ground, Binay's group is behaving rather differently. In terms of political power, Noynoy is slowly losing his due to perceptions of inefficiency and his liberalist policies which harms public interests. 


Now, here comes Augusto Gus Lagman, self-professed IT expert and appointee of the palace as Comelec commissioner alleging, among others, that his appointment will not anymore be passed to the Senate's Commission on Appointments. 


Lagman said that the palace does not want to "irk" Senate president Juan Ponce Enrile. Enrile, according to Lagman, hates him for allegedly orchestrating "treading" during the 1987 Senatorial elections. Lagman was head of the Namfrel quick count, while Enrile was running as Senator. Enrile nearly lost the elections, and he reportedly blames Lagman for it.


Lagman's allegation is outright malicious and cast aspersions to the independence of the Senate as an impeachment body. What will happen then, when the Senate decides to render a decision. Actually, whatever decision the Senate decides to dispense--conviction or acquittal--will now be viewed rather differently by the public. 

Corona and his team should talk to each other

Chief Justice Renato Corona and his spokespersons should meet and listen to what each group is saying before the public. The reason why the Chief Justice's trust ratings is still very low is the fact that each group does not know what the other is doing, or telling the public. There is no unified statement, so to speak, and this hurts the already tattered image of Corona.


For one, Corona says that there is no property ascribed to him in the United States, and then says, after one day, that his daughter actually brought one--cheap. These kinds of statements offer nothing but contempt from a listening public, who already gave the CJ enough time to tell his position before the public. The very fact that MORE THAN HALF of the Filipino People are still not convinced of the culpability of Corona shows you how weak the prosecution case is and how believable the defense is before the bar of law and eventually, before the bar of public opinion.


The strong case presented by the defense on these properties negate the very proposition of the Prosecution that there was even an ounce of ill-gotten wealth stashed somewhere. The very fact that no such property or stash of money were discovered shows you how weak the preparation of the prosecution is. This fact is not being articulated properly before the media. Mere general statements are being heard from the side of Corona, hence, not enough for the public to form a sizeable positive opinion about him.


Corona needs all the media exposure available to him, not because he's fighting for his life before the impeachment court. He needs proper image restoration strategies so that he keeps his integrity intact in case he wins this impeachment. Unlike ERAP where the trial was cut short by extraneous events, in Corona's case, there is no such popular or highly public show of hate that's why he is now enjoying the time given to him to explain why he should not be impeached. 


Corona does not need amateurish publicists handling his case. He needs expert advice and fast.


The possibility of his victory before the courts is there. The probability that this administration will stop harassing him shortly after May is also there (because after May, it's election time in the Philippines). All he needs to do is use this time given to him to push his case more strongly and more resolutely before the people. Otherwise, even if he wins this, he just might encounter another challenge which will eventually lead to his untimely resignation.

Chief Justice Corona: I Fear a Creeping Communist Conspiracy

" Like a rockstar"

Someone asked the Chief Justice if he wants to face Pnoy and what would he tell him. “ I don’t want to face him,” says Renato Corona, the controversial Chief Justice now being crucified by Pnoy, “ I want to face the Filipino People.”

Corona has since faced the People many times over, the last one when he went the rounds, so to speak, and entertained questions before the media. He went the usual---going thru live radio interviews, granting several interviews with print journalists and even face television cameras. When he did, some of those who interviewed him, probably even deliberately misquoted him or entirely wrote a different thing about him.

" Justice is blind. But what with the exposed
right breast?"

Shortly after his wife, Cristina, ushered us inside his office at the Supreme Court building, Corona was, at first, sceptical. Probably, he was thinking, what would a bunch of bloggers do to change things for me. I already did the rounds. Now, he says, someone just told him not to grant interviews anymore. He confided with us that he rarely reads newspapers nowadays.

When Corona said that, I felt that my time going there was wasted. I was sick with tonsilitis, and I just tried my best to rise from my bed, drank all the medicines that I could take, just to get myself ready for this interview.

I was one of about twenty bloggers from Blogwatch.ph brave enough to face the beleaguered Chief Justice. Conventional wisdom dictates that you don’t party with a man who’s the target of government. With the kind of government we have right now, who is to say that in the next few days, I will not be persecuted and inhumanely treated like the Chief Justice? With a government that uses public money to spite and hit its political enemies, anyone is fair game, I, included.

If I’m hit, I’m far from being a Corona, who has the entire institution behind him. I only have my balls. I’ll probably recoil and declare it a day. But, like Corona, I’ll never retire my pen, no. Just like what Corona said, when a magistrate feels something that he should do and he feels that he should articulate it, he does so without fear.

Like Corona, I don’t fear the wrath of government. I always side with Right. When I see that this person is being unjustly treated, I side with him. Behind all these talk, about impropriety, about the Chief Justice being a lapdog of Gloria Arroyo, of him amassing great wealth, and of Corona being biased in favour of Gloria, lie the true reason---dominance.

We all know Aquino to be the fair-haired boy of Big Business. Aquino spent his adult years as a business man, serving the Hacienda for ten years. Noynoy is not like his father, who sacrificed his entire life trying to understand the plight of the masses. Noynoy is different. 

Noynoy understands and subscribes to the language of Big Business. Fact is, I think the true reason why he wants nothing more than a Judiciary as a lapdog is he does not want any problem when his government enters into deals with private companies over big ticket government projects. 

This is the only time in the history of this country that we see government selling each and every asset it has to Big Business. Every single utility, every single construction project is being bidded out. Government is not building industries. It is tarrying in its mandated job so that Big Business comes in and fills the gap.

Kumbaga, Big Business profits from government's tardiness and lack of action and vision.

Corona belongs to a different generation, a generation who believes in the rule of law, as the bedrock of democracy.

" What I'm fighting for", says Corona shortly after granting us the privilege of sharing bread with him, " is the rule of law, the independence of the judiciary and preservation of democracy. I am not doing this alone. I am protecting the very institution which the people go to in times of distress."


" What's the message that this administration is sending to members of the judiciary---if this can be done  to the highest ranked official of this institution, so much so to the judges and justices. "


" They say that the reason they are doing this to me is because I assert influence over other members of the Tribunal. If this is true, then, look at the latest case where I took part of. There was only one who sided with me. In the Hacienda Luisita case, I took the extreme side and only one sided with me. The rest took their individual stance. "


" What I fear would happen is if this boils over, is the weakening of this institution. You know, this is a strategy of the Left. The Left wants to weaken the Supreme Court, the Judiciary, so that they can do whatever they please."


" What I fear the most is Communism taking over our government, of rising prices, of widespread poverty and of extreme unemployment. With a coopted legislature, who, then, would side with the people? Whom will the people go to, when every single institution has been coopted already by the Executive?


During the dark days of the Marcos regime, the Supreme Court served only as a bastion of democracy. People go to the Supreme Court to assert their rights.


Now, under this administration, who then will serve as a check to balance the power between and among institutions?


One asked if what he is fighting for is legitimate considering that the post of Chief Justice is an institution, and he is the only one being persecuted.


" You cannot separate the Chief Justice with the personality occupying the post. The Chief Justice is the one who occupies the post. "

Renato Corona, the Chief Justice of the Supreme Court of the Philippines

He sits alone in his mahogany dining table, eating crispy chicken skin, when we left him. An hour before, he looked frail and weak, like he’s not eaten in weeks. Though he cast an imposing figure, his green barong cannot hide one singular fact—the Chief Justice has lost weight. He silently limbers around his office, which looks ordinary for a distinguished lawyer like him, except that, at the middle of this office, bears the mighty Seal of the Supreme Court. That seal is above his black leather chair and table. Unlike any other though, instead of sofa seats, his dining table fronts his office table. I wonder how many people have eaten in that table, which can easily dine ten people at one time. And I wonder how many times the Chief Justice has shared his passion for lechong manok, and of course, crispy chicken skin.

This office does not look like a place for a beleaguered man, I told myself, as I perused hundreds of books which adorn his office. Months ago, he was pilloried by his counterpart and accused of being a hindrance to this government’s alleged “tuwid na daan”. He has since then, been kicked, punched, and spit at his face, his family threatened and his very self exposed nakedly for all the whole world to see.

Any Batangueno worth his worth would have gotten his bolo or even cocked his gun. Any lesser man would have gotten one of his 31 guns in his armoury and shoot the lights off his detractors, he being a former straight shooter like his counterpart. But no.

Renato Corona, the Chief Justice of the Supreme Court of the Philippines, is no butangero. He does not lose his cool. Fact is, he’s even proud of telling people that he rarely loses his composure. “Ever since this happened”, says Corona, “ I have never thought of taking revenge. Ask my wife. Ask my kids. There has never been an instance where I thought evil against any man. I was not raised by my parents to be vengeful, oh no. I am proud of being a Corona. I am proud of my family’s legacy to this country.”

“ When I was young, I used to love guns. I was a gun shooter. I competed in several competitions. I had a passion for it. However, when I aged, the passion for practical shooting hit me less and less. Now, I don’t love it anymore. “

What had happened that transformed this man, from a gun lover to an advocate of peace? Without battling an eyelash, Corona says, it is his love for the law. And God. 

Ever since he was a kid, Renato Corona had always aspired to be a lawyer. His forebears were land surveyors. He was raised comfortably by his parents. Of course, he’s not a Cojuangco, but he was never the man Malacanang pictured him to be---a poor, struggling one who only enriched himself when he entered public service.

“ I am proud of my heritage. I am proud of the service my forebears brought to this country. Fact is, go to Mandaluyong, and you’ll find a street named after my grandfather.”

Corona was equally proud of his wife, Cristina Basa. He shared with us, his wife’s family heritage. Her great grandfather, Jose Maria Basa, was the financier of the 1896 Revolution. Prior to Bonifacio, Basa was the Katipunan Supremo. When the Spaniards discovered the revolt, Basa was one of those who were exiled abroad, and had to surrender several thousand hectares of his property to the state. Yet, he never complained. Basa was a patriot, says Corona, and he’s proud that that same blood runs through the veins of his lovely wife.

When someone asked why the Basas now want his head, Corona just shrugs and says that that was not his fight. The Basas and the Guidotes had that fight long ago, and he was just dragged into it because he’s Cristina’s husband. The Basas suspected that he used or is using his vast network to influence the cases. Corona denies any allegation, saying that if he did, those cases pending before the courts of Manila would have been resolved a long time ago.

He, Renato Corona, is such a man, a man of integrity and character. He does not lose his temper. He claims never to have lifted a finger against any man. Yet, like any other, he also feels bad against some, even his closest of friends, but never ever thought of using his powers to get back at them.

When I asked him about Associate Justice Antonio Carpio if they are still buddies, Corona had this to say: “ No, we are not anymore buddies. We are just civil to each other. Each member of this court is learned, each civilized. I don’t harbour any grudge against any of them. Of course, I feel bad, but feelings aside, I don’t feel revenge.”

Corona and Carpio, many of my lawyer friends say, were the best of friends. They both served during the time of former president Fidel Valdes Ramos, Carpio being appointed as Chief Legal Counsel while Corona served as a Deputy Executive Secretary for Legal Concerns. It was during the time of Ramos that both started their careers in public service and both flourished.

Sick with tonsilitis but I'm a fool if I'll pass
this chance to interview the controversial
Chief Justice

Several close in associates say that the two became estranged shortly after an internal investigation conducted by Malacanang found one of them guilty of using his influence to affect the Fraport case. That Fraport case was the one which  broke the strong ties of Carpio and Corona. Both of these gentlemen respected each other, especially Corona who even considered Carpio as a brother. After Fraport and that very public severing of ties between Carpio’s law firm and the Arroyo administration, Corona and Carpio had rarely spoken to each other.

Was Fraport really the cause behind these latest efforts to dislodge Corona from his seat as Chief Justice? As punishment, the Arroyos reportedly vowed to block Carpio’s ascension to the Chief Justice seat, something which, when I asked Corona about, he was tight lipped. He says:

“ Even if that happened, no one would corroborate that. You know, in government, and I have stayed for so long in government, these things, even if it did happen, no one would be brave enough to admit that it did happen.”

So, why is he being castigated by this administration which is reportedly very close to the Firm, that law office founded by Carpio in 1981?

Corona propounded four reasons, one of which is the oft-repeated line of Hacienda Luisita. The other, he says, is the fear of a close Aquino buddy that he will influence the pending electoral case before the Supreme Court questioning the election of the Vice President and third, he is perceived to be a stumbling block to the interests of some groups which he did not identify. And the fourth, he’s perceived closeness to the former dispensation.

“ The fourth one is the one that truly troubles me. I am just being dragged into this mess. They have a beef against the former administration, why drag me into it? Probably, if only some people there in Malacanang really knows me, they will not consider me an enemy. I am just collateral damage here, “ says Corona who was appointed by former president and now suspect in numerous criminal cases, Gloria Arroyo.

(Part II: Issues and the Shakedown")

Chief Justice Renato Corona interviewed by NPR

I had a chance to interview Chief Justice Renato Corona. In the interest of fairness, I shall print here his responses to many critical issues which affects our country today. 


I was invited last night by my colleagues in the blogging community and inspite being sick (I was down with tonsilitis for the whole day), I tried to honor my word and attended the news briefing. 


Expect some revelations in this interview. There were so many things which Corona clarified during the interview and in the interests of fairness, I shall print them here. 


Wait for this explosive series, only here at New Philippine Revolution!

The Corona-Carpio Squabble Started Because of Fraport

"It's all about the money", says a newly met friend who happens to be very close and very intimate with two great and opposing powers in the Judiciary---the impeached Chief Justice and his known rival, Justice Antonio Carpio. I will not reveal his name, nor the circumstances of our meeting except to say that he is one man out to redeem his soul. He, an Atenean, is a man who wants to correct the wrongs of the past and help this country move forward.


Shortly after talking to him, it dawned upon me that any successful revolution requires one singular mission---to rid the entire system of malevolent legal minds who condon evil acts and exercises none of the morality that makes the law majestic in the eyes of the people.

President Aquino is right at one point and wrong at another--yes, it is entirely true and necessary for those who want change to get rid of misfits in the judiciary. But, if this campaign of Aquino's is solely due to a goal to get rid of people within the judiciary who does not ascribe nor pay homage to Aquino's most preferred law firm, then, Aquino's straight path is as crooked as another's.

Understanding what is happening right now in the judiciary requires an earlier review of what had happened to the triumvirate that built the CVC--or what is known as the Carpio, Villaraza and Cruz Law Offices (now known as Villaraza, Cruz Marcelo and Angcangco). If Marcos has his ACCRALAW (Angara Abello Concepcion Regala & Cruz Law Offices), the new powers who supplanted him, has theirs--CVC Law.


In every administration in this country, there is always a law firm behind it, dominating the scenes, influencing policy especially appointments in government. Fact is, the practice of law in the Philippines is not just about solving crimes or punishing the guilty, but it is more of lobbying, especially in corporate law. 


During the turbulent Marcos years, the ACCRALAW dominated the scene by influencing the former dictators' actions especially appointments. ACCRA was the most sought-after law firm during that time because of its strong reputation as Marcos legal buddies.


Marcos was deposed, but ACCRALAW survived and even flourished during the post-Marcos era. ACCRA produced some of the best Senators around, including one, Senator Ed Angara. ACCRA eventually returned to what its original mission statement is--to be the country's top law firm, not the country's top political operators.


That enviable role, of being political operators and lobbyists, shifted from ACCRA law to CVC law, the firm built by several lawyers who started their careers at ACCRA.


In the 1980, a few years before EDSA 1, some lawyers from ACCRA founded CVC. The CVC had respectable clients back then, but they mattered little compared with other law firms. The firm had to wait for 1992 to become what it wants--the most sought after law firm in the country.


Carpio, one of the senior partners, was privileged enough to be neighbours with Fidel V. Ramos, who was then Chief of Staff of the beleaguered Cory Aquino. The CVC law firm helped Ramos in his presidential campaign. When Ramos won, he appointed Tony Carpio, one of the stalwarts of the firm, as his Chief Legal Counsel.


It was during Ramos' time that the "Firm" initiated the biggest operation ever--with Carpio leading the charge in appointing RTC judges. The CVC grew in astronomical numbers during this time, powered by their strong influence and proximity to Ramos. 


It was at this time that members of the firm met Renato Corona, who served as Assistant Executive secretary for Legal Affairs of then president Ramos. 


While the CVC law firm took care of Ramos, incidentally, one of the firms' partners, Avelino Cruz was also close to Mike Arroyo, husband of Senator Gloria Macapagal-Arroyo, who was then, being pump-primed to become President. It was said that the CVC LAW FIRM was able to raise funds for the senatorial candidacies of Arroyo, even, as some say, funding her vice presidential run.


It is not a coincidence though that most members of this law firm took a very active role in diminishing and eventually, ousting former president Joseph Estrada. When Arroyo took power, she got Carpio and Cruz with her.


Avelino Cruz became defense secretary while Carpio assumed his old post as legal counsel. Eventually, Carpio became justice of the Supreme Court.


Corona stayed with Gloria Arroyo as Executive secretary before he was appointed to the court as associate justice and eventually, Chief Justice. 


The JEC deal


The JEC deal was the first MULTI=BILLION PESO CASE that involved CVC. Due to the anomalous nature of the contract, two former presidents refused to sign it. After this came the highly controversial PEA-AMARI deal. Yet, the most controversial and could be the one that eventually affected the relationships of several partners of the firm and their "external associates", was the Fraport deal.


Let me published a portion of the report on Fraport here. You ask, why do I say that this deal eventually broke the strong bonds between the Carpio Villaraza group and of the impeached Chief Justice? 


It was said that one of the associate justices right now was the one who asked Fraport to pay US$ 20 million bribe money to Pancho Villaraza, one of the senior partners of the firm.

The Piatco deal thus had many of the same defects as the Jancom garbage collection contract. That didn't stop the Supreme Court from deciding the other way on the Piatco case. Where it said in the Jancom case that procedural lapses, even violations of laws, could be disregarded if the government and the other party reached an agreement, the Supreme Court said in the Piatco case that the defects in its contract automatically rendered it null and void. 
The CVC law firm represented Asia's Emerging Dragon Corp, the original proponent of the BOT project, which lost the bid contact project to Piatco. However, many businessmen and lawyers are convinced that this could not have been the reason the Carpio group worked against the Piatco deal because the high court initially suggested that the government renegotiate with Piatco. 
Fraport alleged that the reason for the Supreme Court decision was Fraport's refusal to pay a $20 million bribe to Villaraza, plus $50 million to buy out its original Filipino partners in favor of three businessmen who are close to President Arroyo. 

What the public did'nt know is the fact that there was some money which went around, ostensibly not which came from the Germans, but from a losing bidder who contracted the firm to be able to reverse the decision favoring Fraport. That facilitation money was not given to the intended parties but was kept by one of the firm's leading personalities. 


This person, according to my friend, was severely criticized by members of Arroyo's gang of misfits during her administration, so much so, that it led to the eventual break or severage of ties between Arroyo and the "Firm". 


During Arroyos term, a meeting was held ostensibly to discuss the fate of this person, who now ascends the rungs of power. It was discussed there that he be meted the most severe penalty---he will not be given the power to become Chief Justice. 


Impeached chief Justice Renato Corona, a dear friend of this person, defended him before the Arroyos. Corona held this person of high regard being a colleague during the administration of Ramos. 


Now, surely, in this administration, this person eventually regained his stature and his former firm's top billing as the most influential law firm behind the Aquino administration.


The firm, according to several sources, got the President's good graces because the firm gave  a presidential brother-in-law, a job as chairman of a firm. Likewise, it was said that part of the campaign money used by the Aquinos during Noynoy's 2010 presidential campaign came from this group.


The firm, again according to my friend, has one singular mission---to be able to tell Mrs. Arroyo and its detractors, that the initial plan not to give the Chief Justice post to a former senior partner of the firm, will not materialized. The Firm, according to sources, is hell bent on destroying Corona and lift the "curse" so to speak, that former Arroyo associates put out against this associate justice.


The firm is flexing its muscles and is relying on the high popularity ratings of this president. However, the more this firm does their thing, the riskier it is for this president. 


Is the President willing to sacrifice his political capital just to give way to the whims and caprices of his political financiers and buddies?

Yes.

The very fact that this President will even use "People Power" to get rid of Corona, who now takes a very contrari stance against the firm, is a firm proof that this President wants to go the distance and in exchange for what? It's really a 10 billion peso question.

Hacienda Luisita. The president's relatives are asking for ten billion pesos as compensation. Plus, there are other projects supposedly being handled by the Firm which are now waiting for either the president's signature or the High Court's decision.

This is not a tussle between the Chief Executive and the impeached Chief Justice. This is a monumental fight between two big Atenean heavyweights---those who were previously aligned with the Firm and those with the Firm. This is not a fight for clean government nor a fight against graft and corruption, no.

Yes, Corona may be as corrupt as any other, but for this President to supplant him with an equally malevolent Spirit, is something more detestable and equally unacceptable.

This power struggle is turning off eventual investors. This power struggle is really disappointing simply because this administration is using the "pro-Arroyo" bogey like how the military has used the red scare in crushing insurgencies. 

This administration has not been exactly forthright with its intentions of really cleansing the bureaucracy. It does so under pretentious circumstances. 

The wheeling dealing has to stop. The influence of this firm in the government should also stop. Let the People be mobilized to get rid of this malevolent Spirit embracing the government officials inside the palace.

Oust Corona, Oust Carpio and every single one in the judiciary that has previous associations or links with the Firm. Let the judiciary be truly cleansed of misfits by ridding itself of so-called influence peddlers like those of this Firm, according to my friend.

Of course, this Firm will never back down. It has the resources. It has the strong links. 

" The only language these people behind the firm knows is simply force. They use force to wiggle their way to power. Let force then be used to bring down this malevolent Spirit that afflicts wounds within the judiciary with their immoral and evil ways, and all will go back to normalcy"

" The firm is used to being a bully. But, if you fight them back, they will recoil like a snake, wait for several weeks, and strike you back. The only way to kill the snake is to kill its head. And God knows, the time has come to hit the head, strike this snake and expunged it from our lives. God lives as a Just God. The time will come when this malevolent Spirit will go back to where it came from---the pits of hell."

Instead of a people power against Corona, let People Power bring down this malevolence so that peace will eventually reign, and morality in governance and in dispensing justice be corrected.

By the way, who swore Senator Loren Legarda as senator? See this picture---it is none other than Associate Justice Antonio Carpio, who, some people say, salivates the Chief Justice post. 

Corona wins right to keep CJ Seat

It seems that President Aquino's bid to oust Chief Justice Renato Corona has already failed. Yep. It is dead in the water.


The defense does not really have to present their pieces of evidence in the court of public opinion, since Corona has already won, hands down.


Malacanan has already called for people power to force Corona out, but, nadah. Aquino even mobilised his personal forces, those groups very close to him, and again,nada.


The victory of Corona actually was Aquino's own doing. Noynoy exposed early on his personal motivation why he keeps on badgering Corona. 


Noynoy wants to replace Corona with a Carpio, something sinister and unforgiveable. Filipinos remember those who cause  them harm, and wait for the time to get even.


This is a salient reminder to those in power--never use the law for your own benefit.