The testimony of a vice president of Megaworld Corp. proved not only how much the prosecution and some senators wanted to link Corona to a supposed illegal transaction ... It also showed that this supposed court of law has no qualms about destroying the reputation of a legitimate business like Megaworld in its desire to do so.

Taken from: Jojo Robles

Yesterday’s trial was scandalous not only because the ineptitude of the House-led prosecution was once again very much in prominent display. Yes, most people who watched the hearing may have noticed the senator-judges (even some of the most palace-oriented ones) gently and not-so-gently telling the prosecutors to confer with their own witnesses before presenting them—and to not impeach them when they testify inadvertently in favor of the defense.

But the ignorance and out-and-out stupidity of the prosecution is an old story in this trial, of course. The more execrable conclusion that many observers reached yesterday is that the prosecution and some pro-palace senator-judges will not hesitate to interfere in the policies, practices and even financial and marketing judgments of private business, just to get Corona convicted.

The testimony of a vice president of Megaworld Corp. proved not only how much the prosecution and some senators wanted to link Corona to a supposed illegal transaction like his purchase of a Taguig condo. It also showed that this supposed court of law has no qualms about destroying the reputation of a legitimate business like Megaworld in its desire to do so.

Why should the Senate, the House panel and the private prosecutors tell businessmen how to run their business by informing them about how much discounts to give, how to value their products and even who to sell to, if it is not these enterprises that are on trial? Why should a business that is not even accused of any wrongdoing (and which is making a profit in these unprofitable times) be forced to explain how it reacts to market forces, its pricing methods and marketing schemes?

The business community must protest this undue interference in its affairs, especially because it is now working under a government that seems to have no clear economic programs and which doesn’t even bother about helping business make a profit, create jobs and grow the economy. And senators like Serge Osmena and Jinggoy Estrada—who displayed how clueless they were about the judgment calls made by successful enterprises like Megaworld—should not use the trial as an opportunity to show just how little business acumen they have.

Special mention must be made, naturally, about the sanity injected into the grilling of the Megaworld executive by construction tycoon Senator Manuel Villar. Villar explained to his benighted colleagues that developers routinely give deep discounts to buyers for a variety of reasons—including the pursuit of market share like the SM Group, which announced 40 percent markdowns to everyone, including to people not in any way connected to the Supreme Court.

Soon enough, Senate President Juan Ponce Enrile, who is also in the real estate development trade, lost his patience with the private prosecutor who wanted to introduce Megaworld’s yearend financial statements to impeach his own witness and dismissed the Megaworld executive. And the attack on business by ignorant lawmakers and lawyers who just want to convict Corona abated, for now.
There’s more to boxing than proper training, perseverance and hard work.

According to champion pugilist Manny Pacquiao, before everything else, one must first realize the dangers inherent to the sport and that they have to be ready for anything.

“Kung akala nila biro-biro lang ang boxing, no. Napakahirap ng boxing, puwede kang mamatay diyan,” said he in an interview with GMA News.

Pacquiao’s concern is highlighted with boxer Karlo Maquinto having fallen into a coma after his fight with an unheralded opponent Saturday.

Maquinto is still recuperating at the Far Eastern University Memorial Hospital as of this writing, with attending physicians still wait for further development.

This is not the first time that a local boxer has been put in such a quandary.

In 2009, rising boxer Z Gorres had to undergo surgery to remove a blood clot that formed in his head after winning in a 10-round bout held in Las Vegas.

Gorres was placed in an induced coma with no assurance of complete revitalization. He was able to come home only after three months of rehabilitation.

According to Gerardo Legaspi, a neurosurgeon, cases of patients gaining full recovery of their faculties under such circumstances are very low.

“Kapag umabot sa punto na ang utak ay ipit na ipit na at napunta sa coma [ang pasyente] ku-konti sa 10 % ang nakaka-recover dito,” said he in a separate interview with “24 Oras.”

Meanwhile, the Game and Amusement Board (GAB) claims that their hands are tied on getting indemnity for boxers, admitting that insurance companies are hesitant to cover them.

And there’s the question of “budget.”

“Ang games and amusement board walang budget diyan sa mga insurance ng boxers,” Monju Guanzon, GAB Chairman revealed in an earlier GMA report.

All that said, not a few brave young men from all over the archipelago face such conditions year in and year out in the hopes of surpassing, or at least equaling, the Pacquiao’s success.

But that said, Pacquiao only has one advice for wannabe boxers: “Mag-isip-isip sila.”

He added, “Hindi pupuwede sa isang boksingerong lumaban ng walang ensayo, na hindi handa sa kung anuman ang mangyari.”

The boxer went on to admit that at this point he is now mulling retiring his boxing gloves, eager as he is to concentrate on his political plans.

“Sinabi ko naman ng mag-go-gobernardor ako ng Saranggani. So, mag-focus tayo sa trabaho natin,” he quipped.

By NEIL RAMOS

Senator Miriam Defensor-Santiago on Tuesday said critics of her behavior at the impeachment court last week are either courtroom cretins or are part of a smear campaign against her.

Santiago has been criticized for berating members of the House prosecution panel, notably Iloilo Representative Niel Tupas Jr., for apparently coming to the trial unprepared.

Private prosecutor Arthur Lim was also subjected to a tongue lashing from Santiago for a perceived challenge to her authority as a senator-judge.

During the trial Thursday, Lim was scolded for engaging Santiago in a colloquy, or discussion. When asked to confirm whether he specialized in maritime law, Lim answered he specialized in "everything," an answer that Santiago called impertinent.

House Majority Leader Neptali Gonzalez II said over dzBB Sunday that the members of the House should not be shamed on national television. "I hope they don't shout at us because we're not savages and we're also lawyers," he said.

Santiago, also on dzBB, said her critics were posturing in preparation for the 2013 elections.

In a press statement Tuesday, Santiago said she has been given "the TOYM (The Outstanding Young Men) Award from the Philippine Jaycees, and the TOWNS (The Outstanding Women in the Nation's Service) Award from the Philippine Lions, for excellence as a judge" and also taught at the UP College of Law "for some 10 years."

"By contrast, what is the record of actual courtroom experience of my enemies? If lawyers, most can only claim 'law experience,' but not 'trial experience.' Not every dimwit can claim 'trial practice,' which calls for the special rules on trial technique and procedure," Santiago said without naming a specific critic.

"I am aghast and postal that a party in litigation and the submental cretins who are my enemies have the gall to demand the power to control the personality of the judge. To educate the non-educable, it is the judge who controls the proceedings," she added.

Santiago also dismissed attacks on her mental health. "It always resurfaces when, in my crusade against corruption, I make enemies who are so filthy rich that they can hire an expensive PR firm specializing in dirty tricks," she said.

"On Sunday, while on the air, I was made to listen to an attack by a publicity-seeking senatorial candidate, and to malicious questions baiting me. On Monday, a columnist (known as a regular Malacañang apologist) used a fake letter trying to raise an issue about my mental health. And it goes on," she said.

She said she would no longer respond to questions on attacks against her, saying these might distract the public from the impeachment trial and might make her hypertension worse. She is currently on medical leave for hypertension. She attended the trial last week but was absent the week before that also due to hypertension.

"My enemies could deliberately provoke me with a personal attack that could lead me to further hypertension and a possible stroke, thus effectively removing me from the impeachment court," she said.

By Jonathan de Santos

Interior Secretary Jesse Robredo is urging towns and cities to allow online renewal of mayor’s permits.

At a news conference at the Crowne Plaza Hotel in Pasig City, he called for a stepping up the department’s good housekeeping program to create a business-friendly climate and ensure the competitiveness of local government units.

“I hope that in time, we could renew a mayor’s permit through online application only, instead of going to the municipal or city hall,” he told reporters. “Anyway, all it takes in such transaction is just the assessment, plus the payment itself.”

Guillermo Luz of the National Competitiveness Council and acting country director Chiyo Kanda of World Bank have expressed support to make transactions more efficient.

Robredo expressed urgency to adopt best practices in governance.

“We want to help how to fast track the application process for business permits and other transactions. We need to catch up with other Asian countries, such as Malaysia, and even overtake them,” he said.

“Our competitors never sleep. They never stop. They always work harder.”

Meanwhile, Robredo told the Optical Media Bureau to tap mayors in a concerted crackdown on pirated video and other recorded materials.

He asked OMB Chairman Ronnie Ricketts to authorize the mayors nationwide to create their local OMBs and act against the rampant violation of intellectual property rights.

“Our fight against piracy must be a collective effort, and not just the sole responsibility of OMB,” he told reporters.

Roberto blamed the lack of adequate staff for OMB’s failure to fully stop the proliferation of contrabands.

“Government’s crackdown is not yet enough,” he said Ricketts must deputize the local governments as his enforcement arm.

“Nothing would really happen to our (anti-piracy) drive if OMB would not be capable of overseeing the illegal sale, distribution and manufacture of fake DVDs and VCds (in the countryside),” he said. “There must be local OMBs.”

by Rio A. Araja
Barely three weeks since landing on Philippine soil, “Bourne Legacy” lead actress Rachel Weisz already expressed her deep concern for one of the country’s main problems – poverty.

This was according to actor John Arcilla, who shot a scene with the Hollywood actress in the film.

The fourth of the “Bourne” franchise is currently shooting in several Metro Manila locations.

Weisz, who is married to “James Bond” star Daniel Craig (also a recent visitor to the country to spend time with his wife), saw for herself the number of informal settlers around the metro. The shoot has taken Weisz to Manila, Navotas Fish Port, Marikina City and Pasay-Taft.

“Every break, nagkukuwentuhan kami ni Rachel and she’s more concerned with the poverty in the Philippines. She’s asking if the people in the squatters area on the side are just numbers of poor people in the Philippines or are there more. Hindi na ako nahiya, sabi ko they’re a lot... and sabi niya, ‘are these the poorest?’ I said no, they’re not the poorest,” Arcilla said in an interview with ANC.

The theater veteran, who has acted in international productions like “Born on the Fourth of July” (with Tom Cruise) and “McBain” (with Christopher Walken), said, “There’s this kilig... but sometimes you have to control it a little because sometimes you have this feeling you don’t wanna look like a fan... I have to be there as an actor to work with these actors,” he said. In the film, Arcilla plays the role of head security.

“The Bourne Legacy” is the fourth novel in the Jason Bourne series, written and directed by Oscar-nominated Tony Gilroy. Its lead stars are Jeremy Renner, Weisz and Edward Norton.

The film is set for August, 2012 release in the Philippines.

By JECELYN V. MACAHINDOG
Malacañang expressed elation on Saturday over the official inclusion of the Puerto Princesa Underground River (PPUR) in the world’s New Seven Wonders of Nature.

"Confirmation that the Puerto Princesa Underground River is one of the New Seven Wonders of Nature is welcome news indeed. Throughout the competition, Filipinos from all walks of life have given time, energy, and resources to this campaign," Presidential Spokesperson Edwin Lacierda said.

Department of Tourism spokesman and Assistant Secretary Benito Bengzon Jr. said the underground estuary made it into the world’s New Seven Wonders of Nature after the validation process conducted by the New7Wonders Foundation last year.

"Bernard Weber, president of the New 7 Wonders based in Zurich (Switzerland), announced in a press conference Saturday afternoon that PPUR has been validated, along with Jeju Island in South Korea, as two of the seven new wonders. The rest are still being tabulated and verified,” Bengzon said.

"This effort has raised awareness not only overseas, but nationally as well: visits to the PPUR have increased tremendously. This is proof positive of how effective a national effort of this sort can be -- to build awareness, express pride, and achieve results," Lacierda said.

The Aquino government issued Presidential Proclamation No. 182 in 2011 to initiate a promotional campaign for the PPUR, which has also been declared a World Heritage Site by the United Nations Educational, Scientific and Cultural Organization (Unesco).

Weber congratulated the Filipinos for supporting their national finalist in the global campaign.

“When your very own President (Benigno) Aquino came out in support of the PPUR campaign, I knew that this country was taking the New7Wonders of Nature seriously,” Weber said.

“Fans of PPUR all over the world responded to his call for action by voting in record numbers and today’s confirmation is the well-earned reward for this extraordinary display of enthusiasm,” Weber added.

The search began in 2007, drawing 440 entries from more than 220 countries.

Millions voted for the top 77, which was further narrowed down to 28 finalists for the final phase including the 17-kilometer underground river.

Still in the provisional list announced last November are the Amazon (South America), Halong Bay (Vietnam), Iguazu Falls (Argentina), Komodo (Indonesia), and Table Mountain (South Africa).

They are currently undergoing the three steps of the verification process, namely the national voting validation, the global voting calculation confirmation by an independent audit firm, and the preparation and implementation of the Official Inauguration ceremonies.

Puerto Princesa Underground River is located some 50 kilometers north of the city of Puerto Princesa in Palawan Island in the Philippines.

It consists of a limestone karst mountain landscape, several large chambers containing significant formations of stalactites and stalagmites, and an 8.2-kilometer navigable underground river that winds through a cave before flowing directly into the West Philippine Sea. At the exit, a flawless lagoon is framed by ancient trees growing right to the water’s edge.

By Virgil Lopez/PNA/Sunnex
We think Mayweather is chicken.
To date, Pacquaio has acceded to practically everything that Mayweather has demanded, and every time the PacMan agreed,
the American asked for something new.
We have had it.
If the Pacquaio-Mayweather fight does not push through,
then so be it.

Like most people, we cannot wait to see the boxing match between Manny “PacMan” Pacquiao and Floyd Mayweather.

The fight, if it happens, promises to break all sorts of records for earnings. More than that, though, the fight between the two future Hall of Famers is guaranteed to make boxing history.

So we felt disappointed, if not put off, by reports saying that the fight was unlikely to happen in June 2012. On the face of the news, the issue seems to be about money. Pacquiao has offered a 50-50 split, but Mayweather apparently wants a bigger share.

The issue seems to be more than money, though. We think Mayweather is chicken. To date, Pacquaio has acceded to practically everything that Mayweather has demanded, and every time the PacMan agreed, the American asked for something new.

We have had it. If the Pacquaio-Mayweather fight does not push through, then so be it. In that case, Pacquaio is better off retiring than having a rematch with Miguel Cotto – or with whomever, even Juan Miguel Marquez. Sure, the “PacMan” could make more money if he fights again, even if it turns out to be boring. But we hope he realizes that there are other ways to make more money, such as landing new endorsement contracts and managing his earnings better.

Mayweather, for his part, disappoints us. Unless he puckers up the courage to fight, the last two things that people would likely remember about this great fighter is that he got into the Hall of Fame and that he went to jail.

Taken from: The Manila Times editorial
Women have stronger money management skills than men in areas such as everyday financing and planning, but struggle around more complex financial concepts, according to results of the latest MasterCard survey on Consumer Purchasing Priorities - Money Management.

Respondents across seven Asia/Pacific markets were questioned on their ability to handle everyday budgeting, keeping track of expenses, paying bills on time, knowledge of compound interest, and whether paying minimum amounts on unstructured loans such as credit cards was a good idea.

The survey polled consumers on various aspects of financial literacy such as their basic money management skills, investment knowledge and financial planning. It was conducted from 15 March to 27 April 2011 and involved 4,359 consumers from the seven markets.

Data collection was via Internet surveys, personal, telephone and Computer Aided Telephone interviews, with the questionnaire translated to the local language wherever appropriate and necessary.

According to the survey, women scored better than men in most markets when it came to tracking expenses regularly, but trailed when it came to understanding investments and inflation compared to their male counterparts.

Chinese lead

Results showed that both men and women were adept at budgeting for their everyday finances—eight out of 10 respondents overall said they could handle budgeting. The survey also found that women believed it unwise to only pay the minimum amount for unsecured loan facilities such as credit cards, led by New Zealand (76 percent women vs. 73 percent men) and Hong Kong (76 percent women vs. 66 percent men).

Survey findings revealed a generally weak understanding of the concept of compound interest across most markets, with the exception of Chinese women who had the highest score (47 percent), followed by Chinese men (37 percent), and Japanese respondents (men, 33 percent; women, 30 percent). Women were found to be more money conscious and better at keeping track of their spending more regularly than men. Women in both Australia and New Zealand (76 percent of respondents) were especially systematic account keepers.

Women also edged ahead of men in their prudence, with Taiwanese women leading in regular savings (96 percent women vs. 92 percent men) and the belief in having three to six months’ emergency cash savings. In a majority of the markets surveyed, women also showed up as being more financially prepared in taking out insurance for anything unexpected, led by Taiwan (92 percent women vs. 89 percent men).

Men understand more complex concepts

Survey questions about more complex financial concepts—such as understanding inflation or investment—favored men, with a significant proportion of women unable to answer or answering incorrectly when questioned about the concept of inflation. In Japan, 65 percent of the women did not know the answer or answered incorrectly, compared with 49 percent of men, with Australia a close second from the bottom (63 percent women vs. 49 percent men).

Similarly, women did not have a clear understanding of whether single company stocks provide safer returns than a diversified stock portfolio. Across seven markets surveyed, on average 63 percent said they did not know or answer incorrectly on whether a single company stock portfolio was better than a diversified one compared to 57 percent for men.

Education programs

Georgette Tan, vice president, Communications, Asia/Pacific, Middle East and Africa, MasterCard Worldwide, says: “It is very encouraging to see that women have a good understanding of how to manage everyday finances, and are responsibly thinking about finances for the future. However, the fact that they still do not have a clear grasp of inflation or investments might affect how prepared they are for the future.”

Tan continues: “Given that women in many countries play a very important role in helping direct the flow of finances in their household, it is imperative that they better understand these concepts.

That is why MasterCard runs various consumer education programs targeted at women across Asia/Pacific, Middle East and Africa that aim to impart various aspects of financial literacy.”

The survey also revealed that while women are also more conscious about where their dollars go—and are better at keeping track of their spending regularly (63 percent of women versus 60 percent of men across all seven markets), more men regularly monitor their investments than women (62 percent of women vs. 69 percent of men across all seven markets).

Across the region men are also more cognizant of how much funds they will need at retirement (36 percent of women vs. 40 percent of men across all seven markets); though both genders are strongly in favor of having a financial plan (78 percent across all seven markets for both genders).
Dona Victorina would like to wish its readers a very Happy Lunar New Year! 2012 is the Year of the Water Dragon, a very auspicious mythical creature of the Chinese Zodiac.

Let's welcome a year of prosperity and success as well as the wisdom and courage to seek the truth and stamp out injustice wherever it may be found!
As their promoters continue to play hard-to-get, Manny Pacquiao and Floyd Mayweather took it upon themselves to try to remove the kinks that are keeping them from agreeing on a super fight in May or June.

Intent in landing a megabuck matchup with Pacquiao on May 5, Mayweather reached out to the Filipino ring icon on Thursday afternoon, urging him to agree to a fight at the MGM Grand in Las Vegas.

Pacquiao said in a TV interview late Thursday that he is willing to face Mayweather provided they split the earnings 50-50.

Pacquiao’s Canadian adviser Mike Koncz said the conversation “lasted for about two minutes.”

The move by Mayweather was welcome news to a key member of Team Pacquiao, lawyer Franklin Gacal.

Gacal said the fact that the two talked to each other raises hope that the fight everyone is waiting for can still take place.

The past few days, Pacquiao’s promoter Top Rank and Mayweather’s camp have been trading accusations about the other’s reluctance to get into the ring.

Pacquiao did not make it clear if he is willing to fight Mayweather on May 5. Pacman’s camp wants the bout either in late May or early June so it can be staged in a bigger venue.

Promoter Bob Arum wants to put up a makeshift stadium that can seat 38,000, much bigger than the MGM Grand which can accommodate18,000.

“The date won’t be the deal-breaker in case this fight doesn’t take place,” said Gacal, who said there is a 50-50 chance that the fight will happen.

Mayweather said he is legally bound to fight on May 5 because his 90-day jail term for domestic battery that begins June 1 was specifically suspended by the judge so he can face Pacquiao on that date.

If the deal fizzles out, both camps have back-up plans: Mayweather takes on either Sergio Martinez of Argentina or Saul Alvarez of Mexico on May 5 and Pacquiao faces Miguel Cotto or Tim Bradley on June 9.

But Gacal said “the date is the least of our concerns.”

Some of the major roadblocks to the fight have been cleared after Pacquiao agreed to an Olympic-style drug testing and Mayweather has found a group – Golden Boy Promotions – to give his guaranteed purse.

Pacquiao, 54-3 with two drawn and 32 knockouts, has won his past 15 fights over a span of nearly seven years while Mayweather is 42-0 with 26 knockouts.

(By Nick Giongco with a report from AFP)

A measure has been filed in the House of Representatives proposing the death penalty for carnapping and carjacking.

House Bill 5664, which is up for debate at the House Committee on Revision of Laws, seeks to amend Republic Act 6539 or the Anti-Carnapping Act of 1972 to provide stiffer measures for the offense.

The bill’s explanatory note points out that the necessity for the state to put in place a law that will discourage criminal elements from doing the act, noting that for almost 40 years, carnapping in the country has not been considered as a non-bailable offense.

The police has noted that cases of carnapping result in physical injuries, rape, and even death of victims.

Criminals have taken advantage of the current state of our law, the bill’s author, House Deputy Majority Leader and Quezon City Rep. Jorge Banal, stated.

The bill cites Section 13 of Article III of the Constitution, which states that all persons shall, before conviction, be bailable, and the exception is in the case of those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, in invoking stiffer penalties for the crime.

It also proposes that any person who is found guilty of carnapping, irrespective of the value of the motor vehicle, shall be punished by imprisonment of at least 14 years when the carnapping and/ or carjacking is committed without violence against or intimidation of persons, or force upon things.

“We have seen how the current situation has emboldened criminal elements because they can easily post bail using the proceeds from their illegal activity and once out of jail, they simply continue with their modus operandi,” the bill’s note concluded.

By Maricel Cruz

By five in the afternoon on Friday, all police units in Iloilo city and Iloilo province will be placed on full alert to tighten security as part of the Dinagyang Festival on Sunday.

All Philippine National Police (PNP) unit commanders were instructed to secure camps, offices, vital installations, economic key points, and populated areas, a memo issued regional police head Chief Supt. Cipriano Querol, Jr. said.

Querol also directed all commanders to enhance the conduct of checkpoints/chokepoints and other police operations to support security for Dinagyang Festival.

"Since we are on full alert, no personnel will be allowed to go on leave and those who are on leave will be recalled," he said.

All personnel will also be required to report to duty on Saturday and Sunday, including those who are assigned at the Provincial and Regional Headquarters.

"We have to consolidate our forces to ensure that this celebration will be peaceful and orderly," Querol sad, adding that it is a big challenge for the police to ensure that no incident will disrupt the festivities.

Querol also said their Tactical Operations Center is closely monitoring the field operations.

From VR of Sunnex

By Tony Lopez (Vera-toons)

Re alleged non-accounting of judiciary funds and non-filing and disclosure of SALN, de los Angeles asserted “the documentary evidence will prove the contrary.” He added, “with respect to his SALN, the defense will establish that in accordance with law, the Chief Justice annually files his SALN with the Clerk of Court of the Supreme Court, who has legal custody of such documents. We shall show that the Clerk of Court is restricted from disclosing the SALNs by resolutions first issued during the term of Chief Justice Marcelo Fernan way back in 1989.”

As to the Supreme Court decisions, de los Angeles disputes Corona’s alleged bias. He explained:

“First, it is not fair to handpick decisions that supposedly favor the Arroyo administration; all the decisions of the Supreme Court must be considered. Second, there are several decisions against the former President and her administration. For example, in Islamic Da’wah Council of the Philippines v.
Office of the Executive Secretary, the Chief Justice himself penned the decision declaring former President Arroyo’s Executive Order No. 46 null and void. Third, in any decision, the Supreme Court always bases its judgment on sound legal grounds.”

As for the Truth Commission, de los Angeles assured “the defense will establish that the Supreme Court was not biased towards the Arroyo administration.” “We will show that the Supreme Court decision was right,” the defense lawyer said. Executive Order No. 1 (which created the Truth Commission) violated the Equal Protection Clause because the prosecution of Mrs. Arroyo was its sole purpose.”

Moreover, de los Angeles said, “The Supreme Court even suggested a cure for the defect by not limiting the probe to the Arroyo administration. But the Executive Department stubbornly refused to adopt such simple amendment.”

As to the TRO enjoining Secretary Leila de Lima from enforcing her Watchlist Order, “the Supreme Court acted in accordance with the Constitution and jurisprudence,” de los Angeles explained.

“Only a court can issue a hold order after a case has been filed,” the lawyer pointed out, in Pilipino.

At the time of the hold order, “there was no criminal case yet against Mrs. Arroyo although long before that hold order, the Akbayan party list had long ago filed a complaint for plunder (against Arroyo).

“Isn’t it clear that it was the Executive Department that was at fault in the case of Mrs. Arroyo?” de los Angeles asked.

The former law dean draw a parallel between the anti-corruption drive of then Justice Secretary Jose W. Diokno (against businessman Harry Stonehill) and the anti-corruption drive of President Aquino.

Delos Angeles recalled: “In both, there are crusading officials who want to eliminate corruption. In both, the public overwhelmingly support these officials. In both, the officials unfortunately transgressed the Constitution. And in both, the Supreme Court stepped in and issued adverse and unpopular decisions because its task is to always uphold the Constitution and the Bill of Rights.”

As to the complaint that Corona betrayed the public trust when the Supreme Court decided on the cityhood of 16 municipalities, the creation of a new district in Camarines Sur, and the conversion of the Dinagat Island into a province, de los Angeles reminded the congressman-prosecutors that it was Congress itself that enacted those laws and yet, it is Congress that is now mad with the Supreme Court for upholding the enacted laws.

“What kind of foolishness is this?” de los Angeles snorted.

He also reminded the prosecution that all Supreme Court decisions are “rendered by the Supreme Court, never by the Chief Justice alone.”

“The chief justice is only one vote. Each Justice votes according to his own opinion. Contrary to the claim of Congressman Tupas, there is no bloc voting bloc in the Supreme Court.”

Delos Angeles concluded:

“This impeachment sends a chilling threat to the Supreme Court to withhold the exercise of its judicial power and just let the President have his way.

“Unfortunately, his obsessive pursuit of his goal has, at times, resulted in the infringement of the law. It has also brought the branches of government into collision, and now it divides the nation.”
By: Tony Lopez

Two things have struck me about the impeachment trial of Chief Justice Renato C. Corona.

One, the eight articles of impeachment have frail legal legs to stand on and probably, without the politics, cannot convict Corona.

Two, Senate President Juan Ponce Enrile, as the presiding judge of the 24-member Senate acting as the impeachment tribunal, can make or break the case for Corona.

At 88 on February 14, Enrile is the most experienced public official of the land. He served for 14 years as defense secretary to Ferdinand Marcos whom he later ousted in a four-day People Power revolt. He has served four terms in the Senate.

Enrile was a victim of the political persecution by then President Corazon Cojuangco Aquino who ousted him as defense minister following a November 1986 coup attempt against the housewife-turned-president. He ran for senator in 1987 but was almost cheated of an election victory until his military colleagues raised alarums. Later, Cory Aquino charged him with rebellion and murder following the bloody December 1989 coup, had him arrested, and confined to a police camp in Quezon City. In June 1990, Enrile and 22 others were freed by the Supreme Court , voting 11-2.

Enrile knows only too well how it feels to be falsely accused and how it feels to be shamed before the bar of public opinion.

The trial of Chief Magistrate Corona began in earnest on Jan. 16, the first working day of the Senate, and of Congress, coming from an extended vacation marking the world’s longest Christmas celebration.

The first day was won by the prosecution headed by Iloilo Fifth District Congressman Niel Tupas, the chairman of the Houe Committee on Justice that garnered the signatures of 188 congressmen to impeach Corona.

The Senate impeachment tribunal upheld the validity of the impeachment complaint and hindered the defense panel’s attempt to delay the trial through technicalities like questioning the manner the Articles of Impeachment were endorsed by the House of Representatives.

But the second day was a big victory for the defense. Presiding Judge Enrile refused to issue subpoenas to the wife, children, and son-in-law of Chief Justice Corona on the ground of self-incrimination and the jurisprudence showing that a spouse cannot testify against her husband.

The prosecution also admitted it was not ready to present Case No. 1 or Article 1. It was ready to prosecute Case No. 2 (Article 2) but their witnesses were absent.

During the first day, Corona’s lead defense counsel, Serafin Cuevas, a former justice of the Supreme Court, pleaded not guilty on behalf of his client.

Co-defense counsel former law dean Eduardo de los Angeles refuted point by point the charges against Corona.

Delos Angeles classified the eight Articles of Impeachment into two categories: those involving Supreme Court decisions (Articles 1, 3, 4, 5, 6, and 7); and those that pertain to the non-disclosure of the SALN of the Chief Justice, and his alleged refusal to account for the JDF. (Articles 2 and 8).

Article 1 alleges Corona’s partiality in cases involving the Arroyo administration.

Article 2 claims Corona failed to disclose statement of assets, liabilities and net worth (SALN).

Article 3 claims Corona failed to observe stringent standards of competence, integrity, probity and independence.

Article 4 says Corona 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 Gutierrez.

Article 5 alleges Corona’s arbitrariness and partiality in cases related to the creation of 16 new cities and promotion of Dinagat Island into a province.

Article 6 claims Corona arrogated unto himself the authority to investigate an erring member of the Supreme Court to exculpate him.

Article 7 alleges Corona’s partiality in granting a temporary restraining order in favor of the Arroyo couple.

Article 8 claims Corona failed and refuses to account for the Judiciary Development Fund and Special Allowance for the Judiciary collections.

“I confess I have been an admirer of this lady senator, but her latest piece has made me admire her more. Senator Pia, a lawyer from UP, said that impeachment is not a completely political process, otherwise the Constitution would not have included an impeachment trial with the Senate as the trial court… Senator Pia researched on the subject in both US and Philippine settings in coming to her conclusion.”

Why we need Pia in the Senate:

Her piece on the impeachment process

By Efren L. Danao

Sen. Pia Cayetano has issued a scholarly piece on the impeachment process designed to give everybody a clearer understanding of the procedure and the intent of the Constitution. I confess I have been an admirer of this lady senator, but her latest piece has made me admire her more.

Senator Pia, a lawyer from UP, said that impeachment is not a completely political process, otherwise the Constitution would not have included an impeachment trial with the Senate as the trial court.

“Because we sit as a trial court, we are not there to use our personal relations nor our political affiliations. What is required is that we go through the trial, calling witnesses, listening to their testimonies and the cross-examinations. We are even allowed to ask questions (Senate Rules on Impeachement, Sec. XVII). Then as trial judges we are required to weigh the evidence presented and make a decision,” she stressed.

Her comments hew closely to that enunciated earlier by Senate President Juan Ponce Enrile.

“If impeachment is merely political, then all the senators have to do is raise hands on who are for impeachment without conducting any trial,” JPE said, while maintaining that the aim of the trial should be “to provide justice by observing due process, both procedural and substantive.”

Their views run counter to that of Sen. Antonio Trillanes 4th who said that the impeachment trial of Supreme Court Chief Justice Renato Corona should be treated as a political process where the parties are expected to battle for public opinion and political acceptability. Trillanes said he won’t decide based purely on the evidence that the prosecution and defense panels will present but on the basis of what would be best for the country.

Senator Pia researched on the subject in both US and Philippine settings in coming to her conclusion.

Curiously, Trillanes also claimed to have researched on the subject but came out with a different conclusion. She said it is political in some aspects but not in all aspects. He said it is completely political. His explanations revealed his belief that “political” is equivalent to “partisan,” which should not be the case.

Let’s hear again from Senator Pia. She said that a tribunal should be independent, wholly free, disinterested and impartial. She then cited jurisprudence describing impartial judgments as decisions “on the basis of facts and in accordance with the law, without any restrictions, improper influences, inducements, pressures, threats or interferences, direct or indirect, from any quarter or for any reason.”

She cited the opinion of a US lawyer who authored “Impeachment, A Handbook. ” In the book, author Charles Black, Jr., Sterling Professor Emeritus at Yale Law School and adjunct professor of law at Columbia Law School, wrote that the fact that the senators take a separate oath emphasizes that the Senate “whether for this occasion you call it a ‘judicial’ body or not- is taking on quite a different role from its normal legislative one.”

Black further stated: “The fact that the Senate is to ‘try’ all impeachments, not simply vote on them, implies that it takes on the nature of a judicial trial, because the word to ‘try’ is a word used almost invariably in regard to judicial trials.”

“Thus, there is no doubt that when the Senators sit as judges we do so separate from our function as lawmakers. We sit as judges in the impeachment trial and we are required to act with the cold neutrality of a judge, devoid of bias and partialities,” Senator Pia said.

If only a majority of the senator-judges possesses the “cold neutrality” she has mentioned, then there should be no questions about the decisions they would make. Their rulings would then be accepted by all, without need for a “Plan B” by supporters or opponents of the impeachment charges.

The senators and all prosecution and defense lawyers are prohibited from discussing the merits of the case. Beyond them, it is free-for-all. The anti-Corona camp is marshaling all available resources to demonize CJ Corona and add the pressure of “public opinion” to bear on the Senate. The camp of CJ Corona is expected to paint him as a martyr, all because he was appointed by former President Gloria Macapagal Arroyo.

The impeachment trial of CJ Corona that started Monday still has a long way to go. We will all be besieged with claims and counter-claims on the issue. Senator Pia has this advice for citizens who’ll be following the proceedings:”If you expect fairness from your judges, then perhaps the same principle of political neutrality will go along way in helping each other understand the issues without being swayed by personal or political leanings. This will then elevate the discussion and would go a long way to help the Senators focus on the evidence on hand and not on public perception.”