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...
Showing posts with label senate president juan ponce enrile. Show all posts
Showing posts with label senate president juan ponce enrile. Show all posts
Saturday, May 26, 2012
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.
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.
Wednesday, January 25, 2012
Liberal Construction
In Law, there is such a thing called statutory construction--the study and interpretation of laws. In interpreting laws, there are also two things, quite commonly practiced--a strict interpretation and a "Liberal" construction. A strict interpretation means application of the law based strictly on what it truly means while in "liberal", a loose or often, "open" interpretation of the law.
Interpretation as to the letter or "spirit" of the law depends entirely on the courts. It is the court's duty to interpret what legislators meant or intended to do in the law.
In this impeachment trial, interpreting what the Rules say, is reposed to the member jurors of the Senate as a court. The presiding officer, Senate President Juan Ponce Enrile, is just that--presiding over the entire proceedings.
Now, what does the prosecution wants? It wants a liberal construction on the Rules on Evidence. Enrile asks--how liberal would you want the court to be? What do you mean when you said, a liberal construction?
" Is it like what the Aquino administration interprets the energy sector deregulation law? That the state is entirely powerless to stop rising fuel hikes by oil firms?"
" Is it like how the Aquino administration thinks the market should be? That food manufacturers can do exactly what they want, change their prices every single day, hike them up, so that people would not be able to pay for them?"
" Is it as "liberal" as what the Aquino administration thinks the Supreme Court should have acted---stop the TRO filed by Arroyo and send her to jail without even considering if there are actual and strong facts attending to the crimes charged against her."
" Is it as "liberal" as what the 188 Congressmen intends to conduct their business? Just sign papers without even reading them."
UNwittingly, the prosecution erred when it questioned the way the Senate acting as a Court interprets the Rules on Evidence. Why? Because they unwittingly revealed the true reason behind the ouster move--they want nothing more than transform the Senate into a "LIberal territory" Hehehehe.
Interpretation as to the letter or "spirit" of the law depends entirely on the courts. It is the court's duty to interpret what legislators meant or intended to do in the law.
In this impeachment trial, interpreting what the Rules say, is reposed to the member jurors of the Senate as a court. The presiding officer, Senate President Juan Ponce Enrile, is just that--presiding over the entire proceedings.
Now, what does the prosecution wants? It wants a liberal construction on the Rules on Evidence. Enrile asks--how liberal would you want the court to be? What do you mean when you said, a liberal construction?
" Is it like what the Aquino administration interprets the energy sector deregulation law? That the state is entirely powerless to stop rising fuel hikes by oil firms?"
" Is it like how the Aquino administration thinks the market should be? That food manufacturers can do exactly what they want, change their prices every single day, hike them up, so that people would not be able to pay for them?"
" Is it as "liberal" as what the Aquino administration thinks the Supreme Court should have acted---stop the TRO filed by Arroyo and send her to jail without even considering if there are actual and strong facts attending to the crimes charged against her."
" Is it as "liberal" as what the 188 Congressmen intends to conduct their business? Just sign papers without even reading them."
UNwittingly, the prosecution erred when it questioned the way the Senate acting as a Court interprets the Rules on Evidence. Why? Because they unwittingly revealed the true reason behind the ouster move--they want nothing more than transform the Senate into a "LIberal territory" Hehehehe.
Tuesday, November 18, 2008
Gloria: Oh My God! (Buko na kami!)
Was it Freudian slip or meant to ass lick some more? Press secretary Jesus Dureza today reportedly embarrassed his boss when he prayed for Gloria to have the forebearance to survive 2010 and even rule beyond it. Realizing the implications, Gloria asked journalists that they strike off Dureza's dog prayer. But, you know, stories such as these are obviously head line material.
It's plain and simple dog prayer, the one probably uttered by former Justice Secretary Hernando Perez, COMELEC Commissioner Garcillano, former COMELEC Chairman Abalos, former NEDA and now SSS Chief Romulo Neri and now, being prayed by fertilizer scam architect Joc-Joc Bolante. Bolante prays like that each and every time he goes to a forum such as the Senate (and just today, at the Congress) because deep in his heart, he knows he's lying. Of course, he'll evade jail time since it's still Gloria at the top. He pulled so many legs today, fooled so many people, including Congressmen and for that, he even managed to make a smile out of all the bola-bola. Like what Cebu Congressman Tony Cuenco accused him off, he'll probably be a very good poker player.
And you know why they have this dogged and cultist belief for Gloria? Because these people have nowhere to go in a post-Gloria era. If the Opposition wins in 2010, all of them will be history. Bolante would probably go to a neutral country and stay there permanently. But, that's just a dream.
With a messed up Senate, who would dare cross Gloria and her mafia gang's way, except maybe those who want to commit suicide? Enrile may profess independence but he's an avowed and firm believer of charter change. He can maneuver and exploit the tenuous hold of the majority to power at the Upper Chamber and re-configure the composition of the Majority. At this stage, we have an opposition hao-shiao ruling as a majority. The present majority is weak. They are composed of strong willed and independent-minded individuals who never voted as a block and would probably go their own ways based on their individual political ambitions.
When the time comes for this Senate to vote on an important matter such as the proposal to constitute Congress as a constituent assembly (or call for a Constitutional Convention), there is a strong possibility that another configuration would rise, with those in favor equal in number with those opposed. A divided Senate is the consequence of this latest caper.
A weak and divided Senate will not stand a Chinaman's chance against the administration-strong coalition at the House.
It's plain and simple dog prayer, the one probably uttered by former Justice Secretary Hernando Perez, COMELEC Commissioner Garcillano, former COMELEC Chairman Abalos, former NEDA and now SSS Chief Romulo Neri and now, being prayed by fertilizer scam architect Joc-Joc Bolante. Bolante prays like that each and every time he goes to a forum such as the Senate (and just today, at the Congress) because deep in his heart, he knows he's lying. Of course, he'll evade jail time since it's still Gloria at the top. He pulled so many legs today, fooled so many people, including Congressmen and for that, he even managed to make a smile out of all the bola-bola. Like what Cebu Congressman Tony Cuenco accused him off, he'll probably be a very good poker player.
And you know why they have this dogged and cultist belief for Gloria? Because these people have nowhere to go in a post-Gloria era. If the Opposition wins in 2010, all of them will be history. Bolante would probably go to a neutral country and stay there permanently. But, that's just a dream.
With a messed up Senate, who would dare cross Gloria and her mafia gang's way, except maybe those who want to commit suicide? Enrile may profess independence but he's an avowed and firm believer of charter change. He can maneuver and exploit the tenuous hold of the majority to power at the Upper Chamber and re-configure the composition of the Majority. At this stage, we have an opposition hao-shiao ruling as a majority. The present majority is weak. They are composed of strong willed and independent-minded individuals who never voted as a block and would probably go their own ways based on their individual political ambitions.
When the time comes for this Senate to vote on an important matter such as the proposal to constitute Congress as a constituent assembly (or call for a Constitutional Convention), there is a strong possibility that another configuration would rise, with those in favor equal in number with those opposed. A divided Senate is the consequence of this latest caper.
A weak and divided Senate will not stand a Chinaman's chance against the administration-strong coalition at the House.
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