Showing posts with label saln. Show all posts
Showing posts with label saln. Show all posts

Thursday, May 24, 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That law is as old as Cuevas, and since it was made during Martial law, it is now superceded by the new 1987 Constitution.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?


Wednesday, May 23, 2012

Chief Justice Corona's walkout is not a technicality

One of the most cruel of jokes that people passed around during yesterday's classic "walkout" of Chief Justice Corona at the Senate Impeachment trial was all about being sick. Just like what Erap did during his own trial and later incarceration, when he suddenly got operated on in the knee, or that of Gloria having spine troubles and colitis, it is now the turn of Corona to reportedly show how sick he is, shortly after his ex-Supreme Court colleague and now Ombudsman Morales exposed his alleged 82 bank accounts.


Corona right now has been transferred to the ICU--a frequent refuge of those previously accused of stealing the people's money and getting away with it. Erap had his time there, so did Gloria. Many of those accused during the pre-need firms scandals also took refuge in the ICU of, you guess, St Luke's ICU. This time, it's the Medical City.


The most famous patient was this alleged young murderer who suddenly got himself sick when  jail-time was mentioned. Doctors eventually exposed him as a fraud and he was immediately hauled to Bicutan. 


A former governor also spent his time in a hospital instead of Muntinlupa. Had not someone exposed what he was doing there, he would have stayed there for a long time. 


Same case for this Korean mafia leader who escaped last Christmas, when he himself spent the rest of his jail time in a posh St. Luke's hospital suite. He was so sick, he managed to catch a plane and escaped Philippine jurisdiction, with his immigration guards feigning innocence. This is now becoming the cono's alibi---spending time in a hospital instead of suffering from the sweltering heat of a prison cell. 


IN Corona's case, however, it is evident that he really got sick yesterday. He's diabetic. Of course, a diabetic will suffer complications if he failed to eat. Defense lawyers were quick to the draw, saying that Corona suffered a drop in his sugar (?) levels and he escaped the clutches of the Senate on a wheelchair.


No doubt--Corona is sick. Cruel for people to suggest that yesterday's walkout scene was part of the defense. As I wrote previously, the defense should not win through a technicality, no. A win by technicality is not an option, since this will not solve the image problems of the Chief Justice. 


The people should be convinced he did nothing wrong. That those monies which he kept in those accounts came from legitimate sources and the reason why it was never reported was the interpretation of the Chief Justice that these were all kept confidential and it is entirely legal for someone not to report it in his SALN.


Meaning, the alibi is still a legal technicality, since what the Chief Justice said yesterday was he did not report all these bank accounts simply because he interpreted the law to mean that  it is up to the filer to consider disclosure or not. 


What the Learned Chief Justice forgot was, the intention of the law on SALN should have been his paramount consideration when he filed his SALN. The spirit of that law requires every government official to disclose his assets and liabilities, among those assets are his bank accounts.


When I was still working for government, I was asked to disclose every single thing I owned. This includes bank accounts. I really doubt it if the Chief Justice thought that the same SALN form I filled up was entirely different from his. 


Anyway, Chief Justice Corona should summon all his remaining strength and face the impeachment trial. Senate President Juan Ponce Enrile gave his defense panel up to today to produce the Chief Justice so that he be made to answer several questions from the prosecution. 


There are insinuations that yesterday's appearance was surely the last, which I think, that dramatic walkout (which several Senate staffers described as a failed escape) harmed the CJ more than benefitted him. 


People don't like cowards or pretentious heroes. If the CJ did err, he must admit it. The Filipino Public will eventually understand and will forgive him. He must, however, be made accountable to the very thing the CJ worshipped throughout his life---the law.