Impeachment of Renato Corona From Wikipedia, the free encyclopedia

Renato Corona, the Chief Justice of the Supreme Court of the Philippines was impeached on December 12, 2011. Corona was the third official, after President Joseph Estrada on 2000 and Ombudsman Merceditas Gutierrez earlier on 2011, to be impeached by the House of Representatives.

Corona was perceived as an ally of former president Gloria Macapagal-Arroyo, who had appointed him as chief justice of the Supreme Court, days after the 2010 presidential election. This comes after the Supreme Court ruled that the president's ban on appointments does not extend to the judiciary. Since then, the Supreme Court has been accused of ruling unfavorably of the Aquino administration in cases concerning Arroyo.

The Senate, which had already convened as an impeachment court, began the trial on January 16, 2012. This is the second impeachment trial in history, as Gutierrez resigned prior to the trial. Contents [hide]

1 Appointment of Corona as Chief Justice 2 Conflict between Aquino and Corona 3 Impeachment 3.1 Articles of Impeachment 4 Impeachment trial 4.1 Legal teams 4.1.1 Prosecution 4.1.2 Defense 4.2 December 14, 2011

4.3 Holiday recess 4.4 January 16, 2012 4.5 January 17, 2012 4.6 January 18, 2012 (SALNs revealed) 5 References 6 See also 7 External links

[edit] Appointment of Corona as Chief Justice

Chief Justice of the Supreme Court Reynato Puno was to retire on May 17, 2010, seven days after the presidential election; however, the constitution prohibits the president from appointing anyone two months before the presidential election up to the end of the term. This caused a suit to be brought to the court, in which the court ruled on March 17, 2010, that the ban on appointments does not cover the judiciary. The court ruled with finality on April 20, 2010, with nine justices concurring, one dissenting, three inhibiting and two dismissing the case for being premature. This caused the Judicial and Bar Council (JBC), the body that recommends nominees to the president, to resume its sessions in determining the list to be submitted.[1]

Renato Corona was appointed Chief Justice of the Supreme Court on May 12, 2010. In a statement, the executive said that among the nominees submitted by the JBC, Corona was the "most senior Supreme Court justice".[2]

With Benigno Aquino III winning the election, he invited all heads of the three branches of government to his inauguration, although instead of the tradition of him being inaugurated by the Chief Justice, he instead chose to be sworn in by Associate Justice Conchita Carpio-Morales, the sole dissenter on the case.[3] [edit] Conflict between Aquino and Corona

At the first few months of Aquino's presidency, he consolidated power by removing government officials closely associated with the Arroyo administration. Ombudsman Merceditas Gutierrez, who can not be simply removed from office, was impeached by the House of Representatives on March 22, 2011; the Senate was set to begin the second impeachment trial in history when she resigned on April 29, 2011.[4] Aquino announced the appointment of retired Supreme Court Associate Justice Conchita CarpioMorales as the new Ombudsman to replace Gutierrez on his 2011 State of the Nation Address.[5]

On December 6, 2011, at the National Criminal Justice Summit at the Manila Hotel, Aquino said in a speech that Corona, who was seated meters away from him, is beholden to Arroyo. Aquino questioned the court's granting of a temporary restraining order lifting the watch list order of the Department of Justice against Arroyo, Arroyo's midnight appointment of Corona, and the ruling of Camarines Sur's two new legislative districts as constitutional despite falling short of the required population set by the constitution.[6] [edit] Impeachment

On the December 12, 2011 flag-raising ceremony at the Supreme Court, Corona revealed that there was "a secret plan to oust me from office by any means, fair or foul." Corona said that he would not resign.[7]

Later in the day, a caucus amongst Aquino's allies in the House of Representative was called. Minority leader Edcel Lagman said that discussion amongst Aquino's allies heightened when the Committee on Justice passed an impeachment case involving Associate Justice Mariano del Castillo on his alleged plagiarism. Lagman further said that if the vote passed, he would question its "legal and factual basis."[8] The deputy presidential spokesperson, on the other hand, stated that the Palace "is not privy to the discussions of the Liberal Party in the House."[9]

At the conclusion of majority bloc's caucus, Committee on Justice chairman Niel Tupas, Jr. presented the impeachment complaint; after the presentation, only two representatives asked for more questions, while an overwhelming majority asked to sign the complaint. He said that there were no instructions from the Palace to impeach Corona, nor was the pork barrel of representatives who did not sign would be held back, but he said that he

informed the president of their decision to impeach Corona, and that the president supported it. The House of Representatives then voted in session to endorse the complaint, getting 188 votes, well above the one-third (95) of the members required by the constitution.[10]

Navotas representative Toby Tiangco resigned from the majority bloc, and the chairmanship of the Committee on Metro Manila development, after the impeachment was passed by the House of Representatives. Tiangco said that the complaint was approved without the members of Congress scrutinizing it. [11] Batangas 2nd district representative Hermilando Mandanas , who did not sign the complaint, was relieved of the chairmanship of the Committee on Ways and Means. Mandanas quoted Speaker Feliciano Belmonte, Jr. on saying the the Aquino administration wanted his removal.[12] The majority bloc was not surprised with Tiangco's resignation from the majority, with Majority Leader Neptali Gonzales II describing Tiangco as a "maverick" and has "more than many times identified himself with the minority."[13] [edit] Articles of Impeachment

These are the articles of impeachment:[14] # Case Violation

1 Partiality and subservience in cases involving the Arroyo administration from the time he was appointed as associate justice to the time of his 'midnight appointment' as chief justice. Betrayal of public trust 2 Failed to disclose to the public his statement of assets, liabilities, and net worth as required under the constitution. Betrayal of public trust and/or culpable violation of the constitution 3 Failing to meet and observe the stringent standards under the constitution that provides that "[a] member of the judiciary must be a person of proven competence, integrity, probity, and independence" in allowing the Supreme Court to act on mere letters filed by a counsel which caused the issuance of flip-flopping decisions in final and executory cases; in creating an excessive entanglement with Mrs. Arroyo through her appointment of his wife to office; and in discussing with litigants regarding cases pending before the supreme court. Betrayal of public trust and/or culpable violation of the constitution 4 Blatantly disregarded the principle of separation of powers by issuing a status quo ante order against the House of Representatives in the case

concerning the impeachment of then Ombudsman Merceditas NavarroGutierrez. Betrayal of public trust and/or culpable violation of the constitution 5 Wanton arbitrariness and partiality in consistently disregarding the principle of res judicata in the cases involving the 16 newly-created cities, and the promotion of Dinagat Island (sic) into a province. Betrayal of public trust 6 Arrogating unto himself, and to a committee he created, the authority and jurisdiction to improperly investigate a justice of the Supreme Court for the purpose of exculpating him. Such authority and jurisdiction is properly reposed by the constitution in the House of Representatives via impeachment. Betrayal of public trust 7 Partiality in granting a temporary restraining order (TRO) in favor of former president Gloria Macapagal-Arroyo and her husband Jose Miguel Arroyo in order to give them an opportunity to escape prosecution and to frustrate the ends of justice, and in distorting the supreme court decision on the effectivity of the TRO in view of a clear failure to comply with the conditions of the Supreme Courts own TRO. Betrayal of public trust 8 Failed and refused to account for the Judiciary Development Fund and Special Allowance for the Judiciary collections. Culpable violation of the constitution and/or graft and corruption [edit] Impeachment trial

The Senate received the articles of impeachment on December 13. Tupas and Reynaldo Umali delivered the articles of impeachment, with Tupas saying that the process was not railroaded.[15]

Employees of the judiciary staged a court holiday on December 13 in support of Corona; this meant many courts were closed.[16] In a speech delivered in front of Supreme Court employees, Corona branded Aquino as building a dictatorship, stated that he will not quit, and that his conviction will result in Aquino controlling all three branches of government.[17] The Executive replied via Executive Secretary Edwin Lacierda that it not out to control all branches of government but wanted a independent Supreme Court, told Corona to go on a leave on absence, and that the impeachment is "not an attack on the judiciary. This is a case of accountability against Chief Justice Corona." [18]

[edit] Legal teams [edit] Prosecution

The prosecution team includes the members of the House of Representatives, who are all members of the majority bloc, with several private prosecutors. Niel Tupas, Jr. is the chief of the prosecution team.[19] Name Party District Raul Daza Niel Tupas, Jr. Neri Colmenares Marilyn Primicias-Agabas Elpidio Barzaga Giorgidi Aggabao Kaka Bag-ao Reynaldo Umali Rodolfo Farias Sherwin Tugna NUP NPC Article (Primary/secondary) Northern Samar1st Iloilo5th 1st/2nd

Liberal

Liberal

None/2nd 7th/1st 2nd/5th

Bayan Muna Sectoral NPC

Pangasinan6th

Dasmarias 5th/2nd Isabela4th 3rd/8th Sectoral 4th/3rd 8th/4th

Akbayan Liberal

Oriental Mindoro2nd

Nacionalista Ilocos Norte1st CIBAC Sectoral

6th/None

None/3rd, 6th

The prosecutors from the House of Representatives enlisted the help of private practitioners to assist them; this was opposed by the defense, saying that only the prosecutors from the House of Representatives are the "sole prosecutors". The Senate allowed the existence of the private prosecutors citing "matter of rule and precedence". The private prosecutors who are allowed to assist the public prosecutors in impeachment proceedings are:[20]

Mario Bautista Arthur Lim Clarence Jandoc Ernesto Viovicente

Frederick Vallestero Winston Ginez

The prosecution also named representatives Miro Quimbo, Lorenzo Taada III and Juan Edgardo Angara as their spokespersons. [edit] Defense

Supreme Court spokesperson Jose Midas Marquez described Corona's defense team as a "powerhouse legal team".[21]

Serafin Cuevas, former Supreme Court associate justice Jacinto Jimenez, professor at the Ateneo Law School Jose Roy III, former dean and president of the Pamantasan ng Lungsod ng Maynila Eduardo delos Angeles, former dean of the Ateneo Law School German Lichauco II, partner of the Siguion Reyna, Montecillo, Ongsiako law firm Dennis Manalo, partner of the Siguion Reyna, Montecillo, Ongsiako law firm Ramon Esguerra, general counsel of the Integrated Bar of the Philippines Tranquil G.S. Salvador III, former dean of the Pamantasan ng Lungsod ng Pasay Karen Jimeno, formerly of the Quisumbing, Torres, Evangelista firm

Ernesto "Jun" Francisco, Jr. quit the defense team for he feared that his previous dealings with Manny Villar will be a reason to question his loyalty to the cause.[22] [edit] December 14, 2011

The Senate convened as the impeachment court for the first time on

December 14. The senators took their oaths before Senate President Juan Ponce Enrile; Ponce Enrile was sworn in by Antonio Trillanes, the youngest senator.[23] [edit] Holiday recess

The next day, the impeachment court served summons to Corona, which was received by the Supreme Court.[24] Four days later, Vicente Millora, a former president of the Integrated Bar of the Philippines (IBP), filed a petition at the Supreme Court questioning the constitutionality of the impending trial, asking for a temporary restraining order (TRO), and to declare the articles of impeachment null and void. Millora contended that the impeachment case did not go through constitutional means as it was passed "undue haste, railroaded, fast-tracked, and signed but not sworn to by the 188 respondent lawmakers."[25] The prosecutors responded by asking the Supreme Court to dismiss the petition.[26] Additional petitions questioning the constitutionality of the impeachment were filed by Vladimir Cabigao, Danilo Lihaylihay, Oliver Lozano, and Allan Paguia and Homobono Adaza.[27]

The Senate received Corona's answer on December 26 which asked for the Senate to dismiss the case for "failing to meet the requirements of the Constitution."[28] Antonio Carpio, one of the possible replacements for Corona if he is successfully removed, reportedly was assigned the case concerning the constitutionality of the impeachment, with Corona expected to inhibit himself from the discussion.[29]

In a press conference, the prosecution team revealed that Corona owns a high-end penthouse condominium unit in Bellagio, Fort Bonifacio, Taguig worth 14.51 million pesos in 2009. Tupas asked if this condominium unit is included in Corona's state of assets, liabilities and net worth (SALN), saying that Corona's SALN is made unavailable to the public.[30] The senators scolded the prosecutors, saying that they are not allowed to discuss the merits of the case so as not to preempt the impeachment trial. This comes as an anonymous source disclosed that Corona owns another condominium unit in nearby Bonifacio Ridge worth between 5 to 8 million pesos, and a house and lot at Quezon City.[31] The prosecutors agreed to stop issuing statements to the media until the trial starts.[32]

Corona asked the impeachment court for a preliminary hearing, this will be

the first motion the impeachment court will hear.[33] Meanwhile, the prosecution asked the Senate to subpoena documents on 45 properties allegedly belonging to Corona. Aside from the documents, the prosecution also asked for the appearances of Corona, his wife and children. Quimbo said that "At least 40 of these properties were not declared in Chief Justice Coronas 2002 SALN, the last year when he made such (a) declaration."[34] Corona replied that he owned five pieces of real estate properties, and all appeared on his SALN.[35]

On the other hand, the defense wanted to summon Tupas, Belmonte, Jesus Crispin Remulla, Mandanas, Tiangco and Secretary-General Marilyn BaruaYap. Ponce Enrile would consult the other senators if they are allowed to summon people connected to the House of Representatives due to "interparliamentary courtesy."[36] [edit] January 16, 2012

On the morning of January 16, the first day the Senate is set to receive the prosecution and defense teams, Corona stated on a speech that "there is no turning back" on the impeachment trial. Corona denied he did not do anything wrong to the president nor to the people, that he did not steal from anyone, that the 45 properties included double entries, properties belonging to his wife and in-laws, and denied the accusation that the World Bank loan was not his responsibility. Corona added that there are people are acting in a conspiracy to remove him from office: those who want to prevent the distribution of Hacienda Luisita, a hacienda owned by the family of President Aquino, to its farmer-beneficiaries, a vice presidential candidate who lost the 2010 vice presidential election, and an Associate Justice who wants to succeed him as Chief Justice.[37]

The trial started on 2:10 p.m, with Senate President Ponce Enrile, the presiding officer, called to order the Senate. Two senators, Miriam Defensor Santiago and Loren Legarda, were absent on the first day. Niel Tupas led the public prosecutors in presenting themselves, followed by the private prosecutors, who stated that they are under the complete control of the public prosecutors. Corona's defense also presented themselves, with defense chief Serafin Cuevas presenting Corona at the gallery, and entered a plea of not guilty in behalf of the defendant.[38]

Majority floor leader Tito Sotto moved to tackle the defense's motion for a preliminary hearing. The defense argued that impeachment complaint was "fatally defective" as there was a defect in the verification of the 188 signatures. The presiding officer prohibited Tupas' request allowing private prosecutor Mario Bautista to argue in behalf of the prosecution. Tupas instead was the one who argued for the prosecution saying that the impeachment complaint was passed according to the rules of the House of Representatives. [38]

Sotto then moved to tackle a motion filed by private lawyer Fernando Perito to cite the prosecution for indirect contempt on their press conference stating that Corona had ill-gotten wealth. The presiding officer also dismissed the request, stating that Perido is not a party to the case. The president officer then requested all parties to refrain from issuing statements relating to the case outside of the impeachment court.[38] [edit] January 17, 2012

The Senate threw out a motion to subpoena Chief Justice Corona, his wife and family by a vote of 146. Initially, the request was decided upon Senate President Ponce Enrile as presiding officer but was contested by Senate Minority Leader Alan Peter Cayetano citing that there was a need to compel them to testify over allegations that the properties were placed under the names to ill-gotten wealth. Enrile, however said that such a request will forfeit the right of self-incrimination and giving evidence by under duress. Meanwhile, the motion of the defense to deny the appearance of private prosecutors of the prosecution was denied, thereby the prosecution's privilege to retain the use of private prosecutors.[39]

However, the Senate approved subpoenas to the clerk of the Supreme Court Enriqueta Esguerra-Vidal and the register of deeds and land assessors in the cities of Makati, Marikina, Pasay, Paraaque, Quezon City and Taguig, where the alleged properties of Corona are found. The Senate compelled that documents such as the statement of assets, liabilities and net worth, land titles and of the such, be presented to the impeachment court.[40]

The trial was postponed early due to the prosecution's lack of preparation in presenting witnesses to testify the authenticity of documents presented. Cavite Representative Elpidio Barzaga was to present evidences on the

second article. Counsel Serafin Cuevas said that no notice was given to the defense panel to prepare on the second article as the panel was prepared on the manner of the complaint filed.[41]

On the same day, the Supreme Court unanimously deferred its decision on whether to issue a temporary restraining order (TRO) or not to stop the impeachment trial. Five petitions, headed by former Misamis Oriental Governor Homobono Adaza were consolidated by the court and required the Senate to comment on the petitions within ten days. Supreme Court spokesperson Jose Midas Marquez said that the court could issue an order at any time and or call for oral arguments. He furthers on that the matter is with the Senate and says the process is ongoing. The petitions were filed due to the alleged railroading of the impeachment complaint against the Chief Justice.[42] [edit] January 18, 2012 (SALNs revealed)

Supreme Court clerk of court Enriqueta Esguerra-Vidal, turned over copies of the statements of assets, liabilities and net worth (SALNs) of Chief Justice Corona from the years 2002 to 2010 to the Senate. This was after the constant compelling of senator-judges and the prosecutors. Esguerra-Vidal insisted that she be given permission to release the said documents citing a Supreme Court ruling dated on May 2, 1989; that prohibits deceptive requests for information with regard to the release of SALNs of the judiciary. Senate President Ponce Enrile told that she had to comply with the said subpoena and give the said documents to the Senate. Supreme Court spokesperson Jose Midas Marquez would later said that the clerk was not in any legal hurdle as Corona authorized the release of the documents.[43]

Meanwhile, Marianito Dimaandal, head director of the Malacaang Records Office testified and said that SALNs of Chief Justice Corona from 1992 to 2010 exist. As custodian, Dimanadal stated that the SALNs are certified true copies and had attested to their authenticity. Yet, he later said that he was position on the veracity of the contents of the documents.[44]

Defense counsel Cuevas asked the Senate to remove the second article of the complaint. Cuevas said that The fact alone that there is SALN is proof enough that he has filed and complied with the rules and regulation on the matter, that resolves the problem. Senate President Ponce Enrile clarified

that such release of the SALNs is response to the subpoena given to the clerk and doesn't overrule the said article.[45]

The following are the SALNS filed by Chief Justice Corona from 2002 to 2010 with assets declared during those years[46][47]: Year of SALN Date of filing Assets declared (in terms of PHP)

2002 March 10, 2003 2003 April 12, 2004 2004 April 25, 2005 2005 April 20, 2006

PHP 14.96 million PHP 7.359 million PHP 7.359 million PHP 8.359 million PHP 9.559 million

2006 September 23, 2007 2007 April 11, 2008 2008 April 28, 2009 2009 April 11, 2010 2010 April 29, 2011

PHP 11.059 million PHP 12.559 million PHP 14.559 million PHP 22.938 million