IT'S THE CORRUPTION, PEOPLE!

The Aquino administration is fully determined in its efforts to weed out and control the further proliferation of corruption in this country. It's rallying cry of "tuwid na daan" has been proven to be a serious commitment and not a mere lip service. The government has shown that it means business and would not hesitate to run after those who are suspected, reported or would appear to have amassed ill-gotten wealth or may have used government resources for personal gain.

 

There is really no quarrel about this goal. It is fully supported by the Filipino people.

 

But as the saying goes, "it takes two to tango". This means that unless the private sector or the general public will continue to encourage or allow graft and corruption in their day-to-day lives, then the country is trapped in a vicious cycle where solutions to problems are mere icings.

 

If it is expected that there will be some headway or success in these efforts in the pursuance of good governance, and against graft and corruption, then the people must do their part, not as a passive and indifferent observers but as proactive and concerned citizens.

 

While it is true that there will be demands for due process, issues involving human rights and questions on other legal controversies, the fact remains that as long as laws are not violated and the rights of those concerned are respected, then our government is on the right track along the "tuwid na daan".

 

The popularity of President Aquino remains high – so incredibly high in fact for a long period of time already. He has a unique style of leadership and most importantly, he is not corrupt. The military establishment and law enforcement agencies are loyal to him as Commander-in-Chief.

 

He knows his priorities well, which his predecessors failed to do – and that is, the annihilation of graft and corruption in our country. This may be an ambitious goal. Some would say he is dreaming. But look, with all the events unfolding around us, it is not a mere dream, it is not a joke, it is for real.

 

Others may disagree with this position. However, ask yourself this question – is there a better alternative? President Aquino was voted overwhelmingly to serve as such. He is doing his job. If he is not doing well, or he has been remiss in his duties as President, it is too early to judge him.

 

What is being done at this time is to comply with a mandate – CHANGE. This is the most difficult part or component of any program of government. Why? Obviously, people will be investigated, prosecuted and eventually convicted, or acquitted, or pardoned. A rotten system will be replaced by a new one, a system which is clean, pure and in a way – exorcised!

 

As the late Sen. Ninoy Aquino has said in one of his privilege speeches in Congress and even in his speeches while on exile, SO BE IT.

 

- A Concerned Citizen

Day 7 : Analysis

Sa nagaganap na Impeachment Trial, marami ang nagtatanong – ano ba ang magiging katapusan ng lahat ng mga ito?

Iba’t iba ang kasagutan - ayon sa inaasam na katapusan o ayon sa maaaring maging kapasiyahan ng Impeachment Court. May mga iba naman na umaasang mapapatunayan ng tagausig na ang Punong Mahistrado ay nagkasala ayon sa mga nakalahad ng mga paratang sa Articles of Impeachment. Para sa iba, inaasahan na siya ay mapapawalang sala at mananatili sa Kataastaasang Hukuman hanggang sa kaniyang pagreretiro.

Sa itinatakbo ng Impeachment Trial, walang makakapagsabi – at hindi dapat na pangunahan – kung ano ang magiging kapasiyahan ng Impeachment Court. Bagama’t mayroong karapatan na mag-isip patungkol dito o di kaya’y pangpersonal o pribado na pagusapan ang mga nagaganap sa trial, ito ay hindi maaaring ilathala na wari’y pinangungunahan ang Impeachment Court sa magiging kapasiyahan nito.

Pangsamantala, ating tunghayan ang mga nagiging kaganapan at tulas sa araw na ito, ating nasaksihan ang paglalahad ng mga dokumento na nanggaling sa Bureau of Internal Revenue o BIR. Naging mawsalimuot na naman ang mga debate na magkabilang panig hanggang sa muling napagsabihan ni Senator-Judge Santiago na inhinto na ang mga talumpati sa nasabiing hukuman.

Para sa tagausig, ang kinikita ng nasasakdal ay hindi sapat upang makabili ng mga ari-arian na lubhang mamahalin. Ganoon din ang mga miyembro ng kanilang pamilya. Kahit pa nasa pangalan ng iba’t ibang tao, kung hindi naman sapat ang kinikita, paano na nga magkakaroon ng mga ari-arian.. Ayon sa depensa, maghintay na lamang sa kanilang ilalahad na paliwanag at ebidensiya. Ibig sabihin pasisinungalingan ng depensa ang mga inilahad ng tagausig.

Marami ang sumasangayon sa mga puntos ni Senator-Judge Santiago, at ganoon din ni Senator-Presiding Judge Enrile. Saksi ang madla sa mga nangyayari, at kinakailangan na isiguro ng Hukuman na hindi magkaroon ng agam-agam ang mga tao ukol sa mga nagaganap sa Impeachment Trial. Hindi nararapat na kitlin ang paglalahad ng mga inaakalang ebidensiya, ngunit hindi rin dapat ipa-isang tabi ang karapatan ng nasasakdal. Ang mahalaga ay tigilan ang mga teknikalidad sa paglilitis, ilahad ang katotohanan at iwasan ang mga pagkakataon na makakapagpatagal sa proseso o Impeachment Trial.

Ika nga, “at the end of the day” ano ba ang totoo? Ano ba ang mga inaakalang magpapatunay sa mga paratang na nakahanay sa Articles of Impeachment? Ano ba ang makatarungan? Mayroon bang paglabag sa batas ang nasasakdal?

Ang lahat ng ito ay pansariling masasagot lamang sa sandali na nakapaglahad na ang tagausig at ganoon din ang depensa, ng kani-kanilang mga ebidensiya. 

Day 6 : Analysis

Documents from the Bureau of Internal Revenue were presented showing the dealings of the Chief Justice and his wife particularly pertaining to property purchases or disposition. It would be too early to conclude as to its impact. But at the end of the day, these documents will be vital in ascertaining whether the Chief Justice was stating the truth in his SALN in relation with the documents presented by the BIR. Obviously, the prosecution is trying to produce evidence that will show that the income of the Chief Justice is not proportional to the acquisitions and dispositions of the Chief Justice, and that the SALN did not contain the truth.

We really do not know yet whether the defense will still cross-examine the good commissioner considering that it has been admitting the authenticity of the documents presented. The most that the defense can do is, if at all these documents are damaging to the Chief Justice, it must be able to present evidence that will justify any omissions or the transactions represented by the documents thus presented.

Day 5 : Analysis

Two Senator-Judges have taken the center stage today during the impeachment trial. First, was Senator-Judge Miriam Defensor Santiago who has, in a way, admonished the prosecution, not to waste the time of the court and that they must come prepared. Second, was Senator-Judge and Presiding Chairman Judge of the court who has signified his willingness to step down if it be the pleasure of the court.

The first was prompted by the fact that when asked, the prosecution was unable to specify the number of witnesses and the number of documents that they intend to present; while the defense were able to readily provide the numbers. The second was a result of a manifestation on the part of the prosecution for the court or at least the presiding judge to be flexible in the proceedings. However, when asked what was meant by being flexible, there were negative answers. Meaning, should the court ask misleading questions? No. Set aside the best evidence rule? No. Ask leading questions? No. So on and so forth.

Consequently, the court adjourned until tomorrow for the continuation of the trial and the prosecution was directed to submit a memorandum on a pending issue particularly in relation with the admissibility of the evidence so far presented.

What was the significance of today’s trial then?

From a positive point of view, it is a healthy exercise or process considering that it will enable the parties including the court to address certain concerns, and which if resolved or attended to would hopefully expedite the proceedings.

From a  negative point of view, it is an ominous sign of things to come. It must be noted that from Day 1, there have been questions and debates on the rules and the proceedings, which one by one the court is able to resolve anyway. However, if that would be the gauging point to determine the rate things or the proceedings would go, then all of us are in for a long haul.

In the United States, the impeachment proceedings or trial of then President Clinton lasted for only about a month and five days, or from January 7, 1999 to February 12, 1999.

On the part of the current trial of the Chief Justice, we are still on Day 5 and thus, it may be too early to state as to the length of time when it will last. We can only hope and pray for the best and the sooner this is over the better for our country and our nation.

Day 5 : What Transpired

The following are the major points taken up in today's proceedings:

1. Presumption of Innocence of the accused is being maintained.

2. The nature of the the proceedings is quasi-judicial and quasi-political.

3. The quantum of evidence necessary to convict the accused will be discussed and decided upon by the court in a caucus.

4. Prosecution maintains that substantial evidence is required.

5. Defense position is that proof beyond reasonable doubt is required.

6. Defense argued that evidence must be marked, offered and admitted before it can be considered as such.

7. Parties were required to submit their respective list of witnesses' names and substance of their testimony including a list of documents to be presented.

8. Parties argued whether the evidence presented so far did not violate the right of the accused to be sufficiently informed of the accusation against him.

9. Prosecution maintains that the accusation on ill gotten wealth is enclosed under Article II.

10. According to the prosecution, the charges were enumerated for convenience. But the court is pointing out that it is in a quandary how to treat them. Prosecution submits that it has sufficiently alleged the accusation of ill gotten wealth.

11. Defense points out that the allegations are conjectural and speculative that do not require any denial particularly so when there is no allegations of ultimate facts but mere conclusion of facts.

13. Defense maintains that the rules of court on pleadings do not apply in the impeachment proceedings. Besides defense did not file any motion to dismiss no the matter of ill gotten wealth.

14. According to Senator-Judge Santiago, if there is doubt, admit the evidence. Rules should be liberally construed as against a technicality. The more evidence admitted, the more credible the decision of the court will be.

15. Prosecution is asking the court to be more liberal and flexible in the reception of evidence. Court instead advised the prosecution to organize its presentation of evidence to expedite the proceedings.

16. Court will be honorable, reasonable, impartial and just in its role.
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SHOWDOWN? WHAT FOR?

Today at the impeachment trial, many is expecting that there will be a showdown between the parties. What for? Why? At the expense of the people?

While we are in agreement with the right of the accused to due process, still for others the fact remains that the existence of public documents and their presentation would not violate any person's right.

Besides, it is argued that once presented, the accused will have the right to be heard and refute whatever position which the other party will try to present.

There is no doubt that the prosecution will insist on presenting documentary evidence such as the income tax return, primarily of the Chief Justice. It is expected that this will be vigorously opposed by the defense.

On the part of the defense, it also maintains what has not been alleged cannot be proven. To do so would be violative of the right of the accused to be informed and to due process.

At the end of the day, it is the Impeachment Court which will decide whether to allow the presentation of the income tax returns or not. It has been reported however that the public documents in question were submitted to the Clerk of Court. In which case, the court now has discretion indeed since the documents are subject to its rules.
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Public Trust Demands Transparency

The Government of the Republic of the Philippines combined with the House of Senate, House of Representatives, Supreme Court, local government units, other agencies and instrumentalities including government owned and controlled corporations, is undoubtedly the biggest employer, biggest depositor, biggest customer or client, biggest provider of services, and most certainly the biggest spender in the Philippines.

One can thus imagine the enormous amount of public fund or government money which flows and changes from one hand to the other. To a certain, but oh well, substantial extent, the government keeps the economy going.

For which reasons, the people involve in the operations of government must be honest and who can be trusted. They must be reliable or competent enough to increase the value of government assets, preserve them, and insure that they are used or utilized for official purposes only and not for personal gain.

It must be emphasized that any person who decides to serve and occupies a public position has entered into a covenant with the people who gives the highest honor upon him - public trust. This simply means that the people, either through an election or appointing authority, has in effect agreed to be served.

The person appointed or elected
has in turn agreed to be transparent in his dealings, whether in relation to his duties or functions, or private affairs. He commits to serve with honesty and integrity. He is obligated to virtually open up his life for the people to see and examine every moment. The only limitation is his right against any kind or form of undue interference in his private life.

Now, how do we determine if indeed a public official or employee is honest and is not making money at our expense or to the prejudice of the government? There are many ways to do this and among which is a lifestyle check. This is the easiest. A government official or employee who receives a salary of about 20 thousand pesos but owns property and lives like a royalty should raise eyebrows particularly when he has no other means of livelihood except his government employment.

Another way is to inspect the statement of assets and liabilities, and net worth of the official or employee. Validate or countercheck its contents with the income tax return filed with the BIR and such other financial or commercial documents such as corporate papers found with the SEC, travel records in the files of Immigration, property registered with the Registers of Deeds, motor vehicles registered with the Land Transportation Office, and even social network accounts primarily Facebook where lifestyles are flaunted and bragged about.

Thus, to prevent or disallow the production or presentation of such public documents in an investigation or proceedings particularly if intended to ascertain and prove that an official or employee has amassed ill gotten wealth. Besides these are public documents.

There are other ways and means but it should be borne in mine that the objectives are clear - to make sure that public funds are not funneled for personal gain and benefit. Citizens and taxpayers must be vigilant and aware of how public funds are spent and to report any misuse thereof.

Plunderers and thieves have no place in our society and much more in public service. They bleed government coffers of hard earned taxpayers money.

Let us unite against graft and corruption!
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SALN : WHAT IS IT REALLY?

            The most controversial public documents which the Philippines is currently faced with, is the so-called SALN or the Statement of Assets and Liabilities and Net Worth. The non-filing thereof as well as the filing of SALN with false information or lack of it is being put in issue. If proven that there was a violation of the 1987 Philippine Constitution and pertinent laws governing the same, this will mean the conviction of an impeached official, his perpetual disqualification, possible initiation of criminal proceedings against him, or the forfeiture of assets or property which will be proven to be ill-gotten wealth. (Note: While the information provided have been gathered from applicable laws, it is still best to refer to the provisions of the laws for all intents and purposes. This blog information does not claim any right or authority to render any legal opinion or be a substitute for appropriate legal counseling.) 

 

What is the Statement of Assets and Liabilities and Net Worth (SALN)?

 

The Statements of Assets and Liabilities and Net Worth is a document (in prescribed form) containing information on the following:

 

(a) real property, its improvements, acquisition costs, assessed value,

and current fair market value;

 

(b) personal property and acquisition cost;

 

(c) all other assets such as investments, cash on hand or in banks,   

stock, bonds , and the like; and

 

(d) all financial liabilities, both current and long term.

 

In addition, the Disclosure of Business Interest and Financial Connections shall contain information on any existing interest in, or any existing connection  with, any business enterprises or entities, whether as proprietor, investor, promoter, partner, shareholder, officer, managing director, executive, creditor, lawyer, legal consultant or adviser, financial or business consultant, accountant, auditor, and the like, the name and addresses of the business enterprises or entities, the dates when such interests or connections were established, and such other details as will show the nature of the interests of connections.

 

Who are required to file the SALN?

 

Every official and employee, except those who serve in an official honorary capacity, without service credit or pay, temporary laborers and casual or temporary and contractual workers, shall file under oath their statements of assets, liabilities and networth and a disclosure of business interest and financial connections including those of their spouses and unmarried children under eighteen (18) years of age living in their households, in the prescribed form.

 

What law/s required the filing of the SALN?

 

Republic Act No. 6713 (as amended) approved on February 20, 1989 provides that public officials and employees have an obligation to accomplish and submit declarations under oath of, and the public has the right to know, their assets, liabilities, net worth and financial and business interests including those of their spouses and of unmarried children under eighteen (18) years of age living in their households.

 

            This law was preceded by Republic Act No. 3019 was enacted on August 16, 1960 requiring public officers to file the SALN as follows:

 

Section 7. Statement of assets and liabilities. Every public officer, within thirty days after the approval of this Act or after assuming office, and within the month of January of every other year thereafter, as well as upon the expiration of his term of office, or upon his resignation or separation from office, shall prepare and file with the office of the corresponding Department Head, or in the case of a Head of Department or chief of an independent office, with the Office of the President, or in the case of members of the Congress and the officials and employees thereof, with the Office of the Secretary of the corresponding House, a true detailed and sworn statement of assets and liabilities, including a statement of the amounts and sources of his income, the amounts of his personal and family expenses and the amount of income taxes paid for the next preceding calendar year: Provided, That public officers assuming office less than two months before the end of the calendar year, may file their statements in the following months of January.

 

However, sometime January of 1974 or more than a year after Martial Law was proclaimed by the late President Ferdinand E. Marcos, Presidential Decree No. 379, all persons, whether natural or juridical, having a gross assets of P50,000.00 or more, as of December 31, 1973, regardless of net worth, shall file a sworn statement of assets, liabilities and net worth.

 

What were the reasons cited by P.D. 379 for this requirement to file the SALN?

 

P.D. 379 specified that there is an urgent need to compile and collate statistical data on property ownership to determine the overall assets of the country; and that there is a necessity to establish a data bank for purposes of economic development and judicious allocation of natural resources and capital.

 

            This was amended by Presidential Decree No. 417 on March 19, 1974 which declared that the filing of the statement by public officers under this Decree shall be considering sufficient compliance with the requirements of Republic Act No. 3019 for those statements as of December 31, 1973 and required to be filed on or before the end of January 1974. Thereafter, statements shall be filed and governed by RA 3019 once again.

 

When should the SALN be filed?

 

The above documents under the Code must be filed:

 

(1) Within thirty (30) days after assumption of office, statements of which

must be reckoned as of his first day of service.

 

(2) On or before April 30 of every year thereafter, statements of which must be reckoned as of the end of the preceding year; or

 

(3) Within thirty (30) days after separation from the service, statements of

which must be reckoned as of his last day of office.

 

Where should the SALN be filed?

 

The Statements of Assets, Liabilities and Net Worth and the Disclosure of

Business Interest and Financial Connections shall be filed by the:

 

(1) President, Vice-President and Constitutional Officials, with the National Office of the Ombudsman;

 

(2) Senators and Congressmen, with the Secretaries of the Senate and the House of Representatives, respectively; Justices, with the Clerk of Court of the Supreme Court; Judges, with the Court Administrator; and national executive officials such as Members of the Cabinet, Undersecretaries and Assistant Secretaries, including the foreign service and heads of government-owned or controlled corporations with original charters and their subsidiaries and state colleges and universities with the Office of the President;

 

(3) Regional and local officials and employees, both appointive and elective,  including other officials and employees of government-owned or controlled corporations and their subsidiaries and state colleges and universities, with the Deputy Ombudsman in their respective regions;

 

(4) Officers of the Armed Forces from the rank of Colonel or Naval Captain, with the Office of the President, and those below said ranks, with the Deputy Ombudsman in their respective regions;

 

(5) All other officials and employees defined in Republic Act No. 3019, as amended with the Civil Service Commission.

 

A copy of said statements shall also be filed with their respective departments, offices or agencies.

 

What is the extent of the authority of the Ombudsman to look into the pertinent records of a public official or employee?

 

Every official and employee shall also execute, within thirty (30) days from date of their assumption of office, the necessary authority in favor of the Ombudsman to obtain, from all the appropriate government agencies, including the Bureau of Internal Revenue, such documents as may show their assets, liabilities, net worth, and also their business interests, and financial connections in previous years, including, if possible, the year when they first assumed any office in the government.

 

What other information is needed to be disclosed by the public official or employee concerned?

 

Every official or employee shall identify and disclose under oath to the best of his knowledge and information, his relatives in the government , up to the fourth civil degree of relationship, either of consanguinity or affinity, including bilas, inso, and balae, in the prescribed form.

 

Can the public have access to these statements?

 

Any and all statements filed shall be made available for public inspection at reasonable hours. Such statements shall be made available for copying or reproduction after ten (10) working days from the time they are filed as required by law unless extended for meritorious reasons. Any duly authorized person requesting a copy of a statement shall be required to pay a reasonable fee as may be determined and prescribed by the Civil Service Commission to cover the cost of reproduction and mailing of such statement, as well as the cost of certification. Any statement filed under the Code shall be available to the public, subject to the foregoing limitations, for a period of ten (10) years after receipt of the statement. The statement may be destroyed after such period unless needed in an on-going investigation.

 

Are there limitation on the use of such statement?

 

Yes. It shall be unlawful for any person to obtain or use any statement filed under the law for: (a) any purpose contrary to morals or public policy; or (b) any commercial purpose other than by news and communications media for dissemination to the general public.

TIME TO ACT

For visiting this blogsite, supporting and promoting it, a big thank you! In just a few days, the number of unique visitors accessing this blogsite has increased. Some have made suggestions and sent encouraging messages. These are received as positive signs that we must continue with this advocacy of providing a different approach to the delivery of information to the public and through the internet. More often than not, we may be deemed to have been bombarded with too much opinions, too much views, and too much of something that could not be understood by laymen. In the end, the process leaves us wondering and thinking of what actually transpired and how it affects us.

 

This blogsite envisions a dynamic and proactive role in bringing about the needed change and reforms in our society. We are enraged by any news or incidents of graft and corruption. Whether it be in the streets where erring traffic officers would extort money from motorists, or in air-conditioned government offices where government officials or employees are engaged in such shameful act of demanding or accepting bribes.

 

The Philippines is aiming at transforming itself into progressive, debt-free and corruption-free economic tiger in the Asia-Pacific region, if not a global eagle which soars high as an economic power to be reckoned with.

 

In order to do this, we may need to establish for ourselves an environment conducive to such desired development and progress. We may talk of several components that make up such ideal environment, to wit:

 

1)      A competent and re-engineered as well as honest bureaucracy without the dreaded and annoying red tapes;

 

2)      An economy that is alive because everyone is doing something to earn a living, save for a rainy day, spend wisely and patronize the Philippine market;

 

3)       A judiciary which is populated by what we may call as saints-in-robes who works not for money but because there is a noble and higher calling to make a difference in the dispensation of justice. Realistically, there cannot be a zero backlog particularly when the docket is terribly clogged by pending and continuous incoming cases. This could be resolved in many ways but it will require the cooperation of the both the bench and the bar.

 

4)      A disciplined and industrious citizenry imbued with nationalism but responsive to the realities of globalization;

 

5)      A legislative branch which is responsive to the changing times, and the need to change and simplify the laws of the Philippines. This will call for codification, revisions, amendments or repeal of laws. There will be a need to disclose how the pork barrels allocations are spent, where and when;

 

6)      A gradual return to the two-party system or at least, if that is not feasible, a political party system which is stable and strong enough to withstand and address the concerns of volatile political situations.

 

7)      A competent, strong, coordinated and well-equipped law enforcement and supported or relative agencies or instrumentalities with the end in view of achieving an ideal zero-crime rate;

 

8)      A preventive health and wellness system for the people, and the prevention or eradication of diseases; 

 

9)      An integrated program on sustainable agriculture, environment protection, trade and industry. This means that the Philippines must give priority to agriculture and food production towards self-sufficiency and the ability to export quality products;

 

10)  A good governance program that will empower local government units and transform their respective localities into income generating, self-reliant and self-sufficient communities;

 

11)  An infrastructure system that keeps on progressing in partnership with the private sector particularly those pertaining to telecommunications, road network, water supply, irrigation, power generation and distribution, and similar services or facilities;

 

12)  An intensive campaign to promote the alternative learning system as well as institutionalize the homeschooling system, thereby improving the literacy level of the Philippines. Education should be a priority, but there must be a review and reconsideration of the new elementary and high school curricula to be implemented starting next schoolyear 2012-13, and a serious study on the school calendar;

 

13)  A strong social welfare and housing system that would, this time around, address the plight of informal settlers, streetchildren, among others;

 

14)  A balanced and rationale labor justice system which would call for a review and revision of labor laws in the country;

 

There are other concerns, and the list is endless. But by any and all means, it is imperative to take action, at least for now, on those concerns listed at this time, and for us to do something about the foregoing concerns. In the days to come, this blogsite will conduct surveys, ask for volunteers, and pursue a movement of people who cares for this country and the future generation.

Day 4 : Analysis

Several officials of government agencies were made to appear and testify on the alleged property of the person on trial. It was just appropriate, at least for the prosecution, that the registers of deed concerned were subpoenaed together with the certified copy of each of the titles under consideration in order that they may be marked and identified accordingly.

Connecting these documents to the charges in the complaint and making them admitted in evidence against the person on trial would be another matter which is for the prosecution to prove and work on. Actually admitting them is for the court to decide on, and their appreciation for or against the person on trial would be another matter.

In ordinary court proceedings, public documents are usually admitted as to their existence, BUT as to whether the contents thereof are true – then that can be an issue with its concomitant consequences. For instance, a deed of absolute sale was simulated by making it appear that a person (say a father or a mother) sold the property to another (say an heir, like a son or a daughter), whereas the truth of the matter is that it was merely given as part of an inheritance. In which case, the sale may be disregarded and included in the collation of property in the case of, say, intestate proceedings where all those given to all the heirs are listed as part of the community of property to be distributed as inheritance. Hence, it was not true that a sale was concluded or consummated, obviously for want of a consideration and obviously there were “intentions” why such document was designated as such.

The Bureau of Internal Revenue was supposed to bring several documents in its possession which will show the transactions of the persons in trial. These may be voluminous and a short notice would certainly not enable it to produce them. Hence, The BIR Commissioner asked for time. These documents would consist of income tax returns and other BIR forms used in the course of various transactions including proofs of payment of taxes, among others.

With the SALN, certificates of title, ITR and other tax documents – the next step would be to reconcile all the contents of these documents to each other, and if they consistently and appropriately connect each and every item indicated, then the court would then have a full grasp of evidence that will guide them in arriving at a decision on any of the charges in the complaint.

The defense will then be placed in a position where it has to explain any discrepancy or inconsistency in any entry found in any of the document. It can resort to technicalities but just the same, at the rate the proceedings are progressing, the court is really interested with the truth.

So be it.

An Ideal Impeachment Process

As a result of what we are currently witnessing (Supreme Court Chief Justice) as well as what we have witnessed (Ombudsman and the President) in the past, there is an urgent and imperative necessity to amend the 1987 Philippine Constitution on the matter of impeachment. 

The amendments must consider the following, among others:

1. The Impeachment Court must be created and composed of 15 members serving a permanent 6-year term without reappointment. As to the manner by which they shall be selected, appointed or elected and compensated will be  considered as the proposed amendments are taken up. They may be chosen from a pool of lawyers or citizens who have undergone some sort of training.

2. The impeached official must be preventively  suspended for the entire duration of the trial which must be summary in nature to last for not more than 3 months.

3. The Impeachment Court shall be the highest and only tribunal on matters of impeachment. Its decision shall be final and inappealable even to the Supreme Court. It shall make and interpret it own rules. Its compulsory processes are to be regarded as absolute and unlimited not subject to question for any reason.

4. The proceedings shall all be conducted in the Pilipino language and printed materials may be procured at the expense of the requisitioning party. The Rules shall be simplified and focused more on discovery processes.

5. It cannot be prevented by any restraining order or injunction. It can cite persons in contempt and deputize law enforcement agencies to enforce its orders and processes.

6. It shall adopt its own rules of court which shall be prevail over any other rules. It shall have its book of related jurispudence that may be deemed applicable to its proceedings.

7. It shall have an annual budget and any savings shall still accrue in its favor.

8. Those appearing as legal counsels in impeachment cases  must undergo 9 hours of special MCLE (mandatory continuing legal education)  on impeachment.

There are other points that may be considered but the initial suggestions stated are intended to raise the level of competence and standards of practice and disposition of impeachment cases.

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Day 3 : Analysis

It was Day 3 yesterday but the blog did not provide an analysis of what transpired at the trial.

Honestly, the surface has not been scratched yet. The documents and debates do not prove anything at this point. It is only when the public documents have been marked and testimonies of witnesses are offered on both sides when the court can more or less be guided in arriving at a verdict.

For our part, the general public, we can have our own assessment and conclusions. But we cannot discuss those matters in public for being sub judice - meaning - "you are not the judge so do not judge before the judge".

The real issue that seems to have permeated the proceedings is not about the subpoena or the SALN, or any other - but it is about this question - which of the courts is higher than the other, the Supreme Court or the Impeachment Court?

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Day 3 : POINT OF CLARIFICATION !!!

We should be guided by the following :

1. Contrary to what has been reported in the news, no evidence has actually been admitted yet. This means that documents were merely marked, and thereafter, if offered in evidence, that is the time when the court will rule on their admissibility as evidence for or against the person on trial.

2. The subpoena served on the Clerk of Court who brought with her the various SALNs and whether they could be delivered to the Senate Court even without the Supreme Court authorization is not really the issue. What could actually be discerned from the proceedings as the actual and vital issues are whether the Impeachment Court can "order" the Supreme Court, and whether the Supreme Court can "prevent" the Impeachment Court. This cannot be discussed at this time pending the Supreme Court's ruling on the authorization sought by its own Clerk of Court, notwithstanding the presentation and marking of the SALNs, and the official reaction, if any, of the Senate Court to the said ruling or pronouncement. 

3. The entire proceedings today can be likened to a mere pre-trial conference where documents are presented for identification and for markings. It does not prove anything yet which may be favourable to or against the person on trial.

The Presiding Officer and the Impeachment Court actually are very accommodating and their patience is being tested. Good for the prosecution. This is considering the fact that there were just so much missed by it but which were clarified when the Senator-Judges profounded their respective questions to the witnesses. The defense panel (actually in the person of the distinguished retired Justice) on the other hand has been very professional and dignified, and was forceful and assertive.

Thus, for Day 3 – not much. Yes. Sad to state - not much.   

OK. IN FAIRNESS . . .

In fairness to those following this blogsite – this is what happened :

1)      The request for subpoena to summon the House Speaker and other congressmen was denied since the court already had a previous ruling on a similar matter.

2)      The request for subpoena to summon the immediate members of the family of the Chief Justice was denied since they cannot be compelled to testify against each other in so far as this case is concerned.

3)      The Senate Court and the Defense Panel were expecting that the Prosecution Panel was prepared to present evidence on Article I but instead, it was ready for Article II.

4)      The Defense Panel was prepared for Article I and thus opposed the presentation of evidence on Article II.

5)      The Senate Court ordered that the Prosecution must provide a revised order of the presentation of its evidence.

6)      The Prosecution Panel has no witnesses insisting that the documents are certified, being computer generated and they are asking that the same be admitted.

7)      The Senate Court in effect denied such request considering that the documents must be authenticated, among others.

8)      The Prosecution Panel asked for a postponement.

9)      The session was adjourned.

Analysis:

            The prosecution panel would have lost its right to present evidence in full on Article I had the Senate Court denied its request for postponement. The documents when offered may have questions on its authenticity and the admissibility thereof would be at issue.

            In a court proceeding, which may also be true in an  impeachment court, the authenticity of a document may be stipulated upon, and in the event it is not admitted by the other party, even on its mere existence, the presenting party will have to summon a witness to authenticate the said document. Otherwise, there is no way by which the court can appreciate as an admissible evidence when the time comes to offer it as such.

            This is really basic.

            Further, in any proceeding, the element of surprise is not really allowed. In a pre-trial or preliminary hearing, the parties agree on the documents to be presented, the witnesses to be summoned, and even the order of presentation of evidence, testimonial or documentary. Through this manner, parties are able to prepare and prevent or avoid any unnecessary delay in the proceedings. Surprises are not welcome except when it is part of the testimony of a witness or part of the object evidence or documentary evidence.

            As always, lawyers are reminded to be prepared when they come to court particularly on those matters which have been disclosed prior to actual trial.

           

            The prosecution panel should have prepared for Article I. The defense panel should have been prepared for Article II. Both parties should be prepared for all the Articles. Certainly, the Senate Court is always prepared to hear the presentation of evidence.

            Funny, but the issue of public opinion was raised. Hello?! 

Day 2 : IMPEACHMENT TRIAL

NO COMMENT ! ! ! ! ! ! ! ! !

OPENING STATEMENT OF REP. NEIL TUPAZ JR.

As public servants, we took an oath to uphold the people's will at all

times. All who hold positions in the government of our Republic are

accountable for their actions.  For the power of the sovereign Filipino

people is a power that is higher than the Executive, the Legislative or

even the Judiciary.  And therefore, no matter how high and mighty one's

position may be, one can never, ever be beyond public accountability.

 

Today, we lay down before this impeachment tribunal the product of the

collective voice of the people.  Impeachment of Supreme Court Chief Justice

Renato Corona for betrayal of public trust, culpable violation of the

Constitution, and for graft and corruption is the verdict in the House of

Representatives. By issuing such verdict, we took the first step to

accomplish our oath as the keepers of the people's trust.

  

Let me be clear: We are not here to indict the Supreme Court as an

institution, or to do battle with the judicial branch of government. We are

here to search for the truth so as to restore the strength and independence

of the judiciary.  We are here because one man – Chief Justice Renato

Corona — has bartered away for a pot of porridge the effectiveness, the

independence, and the honor of the Supreme Court.

  

Mr. Senate President, your honors, one very important question before this

honorable impeachment tribunal is, by what standards should Renato Corona

be judged?

  

You only have to look at the Supreme Court itself to know the answer. As

you climb its steps, you will see two statues.  One of these statues is of

Cayetano Arellano, the first Chief Justice, a man of absolute integrity,

and of the deepest legal wisdom. The other is of Chief Justice Jose Abad

Santos, who viewed his oath so sacred, and loved his country so deeply, he

preferred to die at the hands of the Japanese rather than betray his

country.

 

The Supreme Court itself, then, views the position of Chief Justice as

beyond politics, beyond personal considerations, and always about putting

honor and justice ahead of every other consideration.  *Pagkatao po ang

ating pinag-uusapan dito*. The Code of Judicial Conduct demands that a

judge must be like Caesar's wife – someone who must not only be pure but

must be beyond suspicion at all times. Therefore, a Justice must be judged

according to the highest standards. Against such standards, we then ask:

Who is Chief Justice Corona?  What kind of a man is he? *Ano po ba ang

pagkatao ni Renato Corona?*

 

Chief Justice Renato Corona was a loyal servant to former President Gloria

Macapagal-Arroyo from the time she became Vice-President in 1998 until she

became President in 2001. Such loyalty had numerous rewards for the Chief

Justice.  Imagine, GMA paid for his back surgery.  His wife was given plum

positions in the John Hay Management Corporation. He was appointed

Associate Justice, and the best reward of all, against all odds, he took a

midnight oath as Chief Justice of the Supreme Court.

 

Corona's appointment as Chief Justice also served an immoral purpose: that

of shielding GMA from prosecution for her misdeeds during her presidency.

The prosecution will show how Chief Justice Corona became the crowning

glory of the cast of accomplices of former President Arroyo, and how he

protected GMA's interest in exchange for his position of prestige and

power.  This is at the heart of Article 1 of the Impeachment Complaint.

 

This unholy alliance between Chief Justice Corona and GMA, and Corona's

deep indebtedness to the former President culminated in the issuance of a

temporary restraining order (TRO) to enable GMA and her husband to leave

the country, and escape accountability. This is Article 7, Corona's biggest

favor yet to his benefactor. And in Article 4, we will show how the Chief

Justice intervened in the impeachment case against former Ombudsman

Merceditas Gutierrez also to protect GMA.

 

In Articles 3 and 5, we will show the lack of moral fitness of Chief

Justice Renato Corona when he committed acts of impropriety involving

parties with pending cases in the Supreme Court. His mockery of the

disciplinary institutions of the Supreme Court in the plagiarism charge

against a Supreme Court Associate Justice will be proven in Article 6.  And

in Article 8, we will show how he failed to account for the Judiciary

Development Fund (JDF) and the Special Allowance for the Judiciary (SAJ),

funds which are managed by the Chief Justice.  *Malinaw po: Kung gusto

natin ng hustisya, hindi na dapat ipagkatiwala kay Chief Justice Corona ang

pinakamataas na pwesto sa hudikatura.*

 

* *

And finally, we come to Article 2 where the prosecution will prove that

Chief Justice Renato Corona amassed ill-gotten wealth after he was

appointed to the Supreme Court in 2002.  To give you an idea of this

article, let me present to you some of the prized pieces of the Corona

crown jewels:

 

Spanish Bay Tower, Bonifacio Ridge, acquired October 14, 2005, purchase

price Php9,159,940;

 

McKinley Hill, Fort Bonifacio, Taguig City, acquired October 21, 2008,

purchase price Php6,196,575;

 

Bellagio I Tower, Taguig, acquired December 2009, purchase price of

Php14,510,225;

 

The Columns, Ayala Avenue, Makati City, acquired in 2004;

 

One Burgundy Plaza – the building where Mrs. Gloria Macapagal-Arroyo had a

penthouse unit while she was Vice-President - acquired in 2003, purchase

price Php2,758,000; and

 

Number 57 Maranao Street, La Vista, acquired in 2003, zonal valuation

Php20.4 million, sold to his daughter for Php18 million.

 

The governing principle of our laws is clear: unexplained discrepancy

between an official's income and his assets, declared or undeclared, is *prima

facie *evidence of ill-gotten wealth, and therefore, is an impeachable

crime of graft and corruption.

 

The process of accountability is always a painful one. But the legislature

is tasked by no less than the Constitution, the very expression of the

people's will, to undertake this sacred duty.  And if at this instance,

this is how we are called upon to be of service to our country, impeach we

must.  Mr. Senate President, your honors, we submit that Renato Corona, by

his misdeeds, is unfit to remain Chief Justice.

 

In closing, the message of the House, as the representatives of the people,

is the same as that given by Oliver Cromwell when he dismissed England's

Long Parliament on April 20 of 1653. Before God and country, we say: "It is

high time for us to put an end to your sitting in that place, which you

have dishonored by your contempt of all virtue, and defiled by your

practice of every vice, you are an enemy to good government, as you have

sold your country for a mess of pottage, and like Judas Escariot betrayed

your God for a few pieces of gold. Depart I say, and let us have done with

you. In the name of God, go!"

 

Thank you and good afternoon.

ANO BA MAPAPALA KO SA IMPEACHMENT?

Aba'y magandang tanong iyan. Ano ang sa palagay ninyo? Ngayong araw na ito, ang Sambayanang Pilipino ay sumaksi sa kasaysayang di pangkaraniwan - ang paglilitis kauganay sa mga reklamo laban sa Punong Mahistrado ng Kataastaasang Hukuman sa Pilipinas.Bago pa man maganap ang pagbubukas ng paglilitis, maaanghang na mga pananalita ang namutawi sa mga bibig ng mga kinauukulan, laban sa isa't isa. Alam naman natin na hindi laban ng "boxing" ang nagaganap na ito. Walang Round 1 at walang Round 2. Ngunit ito ang ipinapalagay sa madla, na tuloy para bang ginagawang laro ang mga nangyayari sa ating bansa. Ganoon pa man, ano ba ang mapapala ko sa impeachment na ito?

Maselan ang situwasyon. Aminin natin yan. Kung ano mang ang kahihinatnan ng mga pangyayari sa bawat araw na lumilipas, tanging Poong Maykapal lamang ang nakakaalam. Inaasahan na matapos ang lahat ng ito, manunumbalik sa dating gawi ang mga Pilipino. Hinaharap pa rin natin ang katiwalian sa mga sangay ng pamahalaan, maruming pulitika, kawalan ng disiplina, atbp.

NGUNIT, kailangan na ilapat ang karampatang katarungan - mapawalan man ng sala o hindi ang nililitis. Ano man ang maging kapasiyahan, kailangan na maipaliwanag sa taong bayan ng maayos at ipakita na ito ay matibay na itinataguyod ng ebidensiya.

 Sa pagkakamali ng pagpapasiya, tayong lahat ay maapektuhan. Ganoon din ang ating bansa. Kung kaya't ating ipanalangin ang paglilitis na nangyayari at ang lahat ng kalahok dito.

BRACING UP FOR THE IMPEACHMENT TRIAL

Do not be unfair to yourself. Do not be emotional or political about the impeachment issue. You may have your beliefs or personal assessment of what is happening. You may have your opinion or perception about the charges and defenses. The trial may last for months but at the end of the day, our country will still emerge picking up the pieces once again. Remember we have gone through the most trying times and events, yet we have weathered all of them. This is democracy in action. Part of the process is by making sure our voices are heard. That is - each one of us can express our approval or disappointment when the elections are held next year. Yes. It is that simple. Vote for those whom you think served our country well. For now, we have no choice but rely on our senators sitting as judges in the Impeachment Court. 

IT'S MORE FUN IN THE PHILIPPINES !

“It’s More Fun In The Philippines” : A Personal Opinion – I can say that this is truly a catchy slogan and whether it was copied from another country or not is inconsequential. What matters the most would be – is it the truth?

Of course, it has always been more fun in the Philippines. Filipinos themselves, at least all of whom I have had the chance to meet and talk, and who just came back or may have been in the other countries, will always take pride in declaring that “there is no place like home”! Read their lips and what do you get – it is indeed more fun in the Philippines.

There are several reasons why it is more fun in the Philippines. Let me illustrate a few of them –

1)      It’s friendlier in the Philippines. – In the Philippines, this is where you can actually experience situations of biblical proportions. In terms of providing shelter, food and clothing, the Filipinos are truly extraordinary. They welcome strangers, and talk to them as if they were friends who have not met for a long time. In other countries, children are always reminded not to talk to strangers, and thus, in a number of places I have been too, colored people are regarded as second class citizens and do not be surprised if you are isolated from the rest and not talked to. In our country, children would even want to play with you and talk to you, and tell you stories about their favourite games or cartoons. It’s fun, and it’s more fun in the Philippines.

2)       It’s cheaper in the Philippines, and at times, even free. – In most countries now, water, admittedly, a scarce commodity, is not for free. In the Philippines, if you are thirsty, you can ask for water and it will be given to you for free. Let’s face it, it is cheaper in the Philippines, and sometimes, what you need would come to you for free. Have you ever experienced liking something and saying “Oh, that’s nice” and the sooner or later, you are being handed over a package containing the item or at least similar to it. In terms of shopping, there is no doubt that it is more fun in the Philippines. I usually see balikbayans and foreigners smiling as they compute their buying items which are cheaper in the Philippines than aboad.  Obviously, they were having fun – more fun than any other place in the world.

3)      It’s the unique gastronomique experience in the Philippines. – Balut, dinuguan, laing, bicol express, one-day old or kwek kwek, chicharon, bopis, longganisa, bagnet, pinutrid, binaki, tinadtag, katilapan, dudul, bibingka, pichi pichi, puto, kutsinta, pastil, lokot-lokot, cay-cay, sinugno, apritada, tabirak, escabishe, and  sari-saring inasal, ad infinitum.

4)      It’s the fiestas, festivals, mountains, seas, caves, rivers, and FUN ! FUN ! AND MORE FUN ! in the Philippines.

We are then promoting what is beautiful and true about the Philippines. And when one goes on a vacation and on a tour, it is for pleasure and for fun. Why have fun only, when you can have MORE FUN ! Mabuhay ang Pilipinas !

PAHAYAG SA PAGLULUNSAD

Inilulunsad ng Q.C.Y.E.N.S.A. ang blogsite na ito sa pag-asang at layunin na palaganapin ang mga makukulay, makabuluhan at kapakipakinabang ng mga pamana ng dating Pangulo ng Pilipinas, walang iba, kung hindi, ang Kagalang-galang na Pangulong Manuel Luis Quezon.

Bilang pagkilala sa kaniyang malasakit at pagmamahal sa bayan, sisikapin ng blogsite na ito na lapatan ng karampatan at ipinamanang pangaral ni Pangulong Quezon ang mga kasalukuyang kaganapan sa ating bansa at ganoon na rin sa buong daignig kung nararapat.

Samantala sa paglulunsad na ito, ating hanguin ang unang pangaral ni Pangulong Quezon na napapaloob sa kaniyang iniwang Kodigo para sa mga Pilipino:

“Manampalataya sa Poong Maykapal na gumagabay sa tadhana ng mga tao at sanlibutan.”

            Labis na makabuluhan ang paalalang ito ito. Mahalaga at karapat-dapat na tandaan at isabuhay. Alam natin na ang pananampalataya, pananalig o paniniwala sa ating Panginoon ay napakahalaga sa bawat sandali o saglit ng ating buhay. Dahil dito, mahalaga na tayo ay manalangin at ang bawat kilos natin ay ialay sa Panginoon, at hari nawa’y maging kalugod lugod sa kaniya.

            Salamat sa ating Panginoon sa pagkakataong ito at hinihiling ng Q.C.Y.E.N.S.A ay sana’y patnubayan ang gawaing ito upang sa gayo’y kahit sa munting pamamaraan ay makapagbahagi ang blogsite na iyo ng karagdagang kaalaman para sa kabutihan ng lahat.