HIGHLIGHTS OF CORONA IMPEACHMENT TRIAL

DAY 8

Call to order

The trial resumed at 2:01 p.m. Monday. Senator-judges Miriam Defensor-Santiago and Sergio Osmea were absent.

Trillanes likens impeachment to PMA honor trial

Senator-judge Antonio Trillanes IV compared the impeachment trial at the Senate to Honor Committee

trials at his alma mater, the Philippine Military Academy, where only the unanimous decision by an eightman jury can convict an accused cadet, not technicalities or lawyers.

He said will apply a basic sense of justice in determining the moral fitness of the impeached chief Trillanes said the presentation of evidence even before Chief Justice Renato Corona was appointed as

justice who must possess the highest possible moral standards for public officials. head of the Supreme Court should be allowed. Protecting constitutional rights of Corona, family members

The Senate Secretary, as the clerk of court of the impeachment court, read the Senate resolution

disallowing developers from presenting evidence that are not related to Corona and members of his family, so as not to violate their right to privacy and not subject them to unreasonable search and seizure.

She also read the impeachment courts decision to disallow the introduction of evidence on Article 2.4

on ill-gotten wealth. Instead, the court will rely on legal presumptions on the properties of the respondent. New order of presentation and list of witnesses

Presiding officer Juan Ponce Enrile allowed the request of lead House prosecutor Rep. Niel Tupas Jr.

to tackle Article III which accuses Corona of lack of integrity, independence and competence before Articles I and VII, as the prosecution had earlier stipulated.

The prosecution team said the articles of impeachment against Corona will be presented in this order: o Article II (nondisclosure of Coronas statement of assets, liabilities and net worth),

o o

Article III (Coronas alleged lack of integrity, independence and competence), Article I (partiality and subservience to former President Gloria Macapagal-Arroyo, who

appointed Corona as chief justice) o Article VII (supposed irregularities in the granting temporary restraining order to Mrs. Arroyo last November). o Article VIII (failure and refusal to account for the Judiciary Development Fund and Special Allowance for the Judiciary), o Article IV (disregard of the principle of separation of powers by issuing a status quo ante order against the House of Representatives during the impeachment proceedings against former Ombudsman Merceditas Gutierrez),

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HIGHLIGHTS OF CORONA IMPEACHMENT TRIAL

o
Article V (deciding in favor of gerry-mandering in the cases involving 16 newly-created cities

and the promotion of Dinagat Island into a province), and o Article VI (creation of an ethics committee to probe the plagiarism case of Associate Justice Mariano Del Castillo).

Senator-judge Vicente Sotto III read a letter from Senator-judge Miriam Defensor Santiago requesting

both the prosecution and defense teams to provide a list of primary and corroborating witnesses during the trial, as a prelude to cutting down the number to a manageable level. Senator-judge Ramon Bong Revilla Jr. also expressed concern about the list of 100 witnesses submitted by the prosecution.

Tupas clarified that the prosecution will not present all 100 witnesses.

To avoid lengthy presentations of evidence, the presiding officer directed both panels to stipulate elements of the case that do not need further authentication or proof.
Corona gets 40% discount from Megaworld

Megaworld Corp. finance director Giovanni Ng was called to the witness stand. Private Prosecutor

Joseph Joemer Perez, who conducted the direct examination, said Ngs testimony would focus on The Bellagio condominium penthouse of Corona and his wife, and the McKinley Hills transaction with their daughter that the impeached chief justice failed to disclose in his 2009 statement of assets, liabilities and net worth (SALN).

Ng produced the contract to sell Unit 38-B with 3 parking slots, which was sold for P14 million by

Megaworld to the Corona couple, and official receipts of the transaction. He also produced the deed of absolute sale of the McKinley Hill property of Charina Corona, represented by her attorney-in-fact, Renato Corona, her father.

Asked about the price of the Bellagio penthouse unit, Ng said he was not qualified to answer the

question because pricing was the function of the marketing department. Prosecutor Perez requested the impeachment court to subpoena Megaworld Corp.s senior vice president for marketing.

When asked by Senator-judge Aquilino Pimentel III why the prosecution was focusing on the prices of

the real estate, Perez said Ng had informed the prosecution that the Coronas received a 40 percent discount amounting to P10 million on their purchases. Perez said receiving discounts falls under Article III.

In response to a query from Senator-judge Jinggoy Estrada, Ng explained that Megaworld Corp.

usually gives 15-percent discounts to unit buyers if they pay on shorter terms. He added that Corona was given a bigger discount because the Bellagio unit he bought needed repairs.

Answering another question from Senator-judge Franklin Drilon, Ng said Megaworld gave Coronas

daughter, Charina, a P2.3-million discount on the purchase of a P6.2-million McKinley Hill property in Taguig City which her parents paid for. Ng said Charina's name did not appear in any of the receipts, and a single hand-written letter from the Chief Justice requested that the property be named under his daughter. Corona paid in cash for P9.1-M Bonifacio Ridge condominium

Private prosecutor Jose Antonio Hernandez conducted the direct examination of real estate developer Bisnar confirmed the sale of a P9.1-million condominium unit on the 19th floor of the Spanish Bay

Aniceto Visnar Jr., formerly of the Fort Bonifacio Development Corporation. Tower in Bonifacio Ridge in Taguig City to the Corona couple, which was fully paid in cash on October 14, 2005.

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HIGHLIGHTS OF CORONA IMPEACHMENT TRIAL

The prosecution noted that the Spanish Bay unit supports the claim that Corona failed to properly

disclose his properties in his SALN, as alleged in Article II. In his 2010 SALN, Corona declared that he purchased a condominium unit in 2004 in Taguig City worth P2.3 million.

During cross-examination, defense counsel Ramon Esguerra pointed out the absence of any notice of

acceptance of the purchased unit by Cristina Corona. He also noted Bisnar's unfamiliarity with the Spanish Bay Tower unit, and said Bisnar would not know whether the money used by Cristina to pay for the unit had been sourced from a loan. Adjournment

Monday's sessions was adjourned at 5:55 pm. The trial will resume at 2 p.m. Tuesday, 31 January.

Source: GMA News

HIGHLIGHTS OF CORONA IMPEACHMENT TRIAL

DAY 9 Call to order

The trial resumed at 2 p.m. Tuesday.

Price of Corona penthouse reduced due to damage, not discount

Witness Noli Hernandez, senior vice president for marketing at Megaworld Corporation, testified that

the Bellagio Tower I penthouse purchased by Chief Justice Renato Corona's wife Cristina in 2008 had a steep reduction in price from P24 million to P19.6 million because of water damagefollowing a typhoon. The price was further slashed by P3 million, or the standard 15-20 percent discount, because Corona paid almost in cash and on a shorter term of less than a year.

Private prosecutor Joseph Joemer Perez asked whether it was the usual practice of Megaworld to sell

damaged units, drastically reduce its prices, or give big discounts. He also asked if the company had filed insurance claims after the condominium was damaged by the typhoon.

The presiding officer cautioned Perez about his manner of asking questions. Enrile clarified that a

price reduction is different from a discount: the condition of the unit is a reason for reducing the price, while a discount is a privilege extended to the buyer.

During the cross-examination by lead defense counsel Serafin Cuevas, Hernandez said Megaworld

could have given the same price reduction to any customer. Hernandez added that he did not know at the time that it was Chief Justice Corona who bought the penthouse. Senators ask: Whats the connection?

Senator-judges Ferdinand Marcos Jr. and Pia Cayetano questioned the relevance of the 40-percent

price reduction for the Corona condominium unit to Article II, which alleges Corona of nondisclosure of some properties in his Statements of Assets, Liabilities and Net Worth (SALNs).

The presiding officer said he allowed the prosecution to present Hernandez as witness out of House prosecutor Rep. Elpidio Barzaga Jr. explained that Hernandezs testimony was related to the

liberality. valuation of the property, as Corona did not indicate the acquisition cost of P14.5 million in his SALN. Instead, Corona said the current fair market value of the Bellagio condominium unit was P6.8 million.

Senator-judge Manny Villar said there are many factors considered in pricing, and volunteered the Senator-judge Alan Peter Cayetano said Hernandez's testimony was needed to explain the "discount"

information that another real estate company offered a 40 percent discount just last December. alleged by the prosecution. Zonal value vs. fair market value

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HIGHLIGHTS OF CORONA IMPEACHMENT TRIAL

Senator-judge Franklin Drilon cited jurisprudence where the Supreme Court held that the disclosure in

the SALN is not merely a ministerial act but must be done under oath, and be truthful, accurate, and timely. Senator-judge Teofisto Guingona III asked the House prosecution panel if Corona had complied with these three elements of disclosure in SALNs.

In reply, Perez said the P14.5 million purchase of the Bellagio penthouse was not reflected in Corona's

2009 SALN, despite the deed of absolute sale executed that year. Although the property was later reflected in Corona's 2010 SALN, he said the fair market value of the penthouse was written down as only P6.8 million which, it was surmised, was only the zonal value. He affirmed that Corona's SALN did not meet any of the three elements of disclosure because the zonal value is different from fair market value. Recto suggests change in order of trial presentation

Senator Ralph Recto asked if the defense panel could be allowed to present evidence

immediatelyafter each article of impeachment, without waiting for the prosecution to present evidence for all eight articles.

Presiding officer Enrile explained that under existing rules, the defense can only present evidence after

the prosecution finishes presenting theirs for all the eight Articles of Impeachment. He added that changing the Senate Rules of Procedure in Impeachment Trials would need an amendment and the republication of the rules. Proof of damage

Senator-judge Sergio Osmea III asked Hernandez to produce proof of the damage in the

condominium unit bought by Corona, including photos. He also asked Hernandez to verify if Megaworld filed complaints against the firm who constructed the damaged condominium unit. In addition, he asked for a price list of all condominium units at the Bellagio Tower I.

Senator-judge Francis Pangilinan told Hernandez to voluntarily submit to the Senate the building

engineers report on the damage sustained by the penthouse during the typhoon. Megaworld lost in SC cases

Senator-judge Francis Escudero asked the Megaworld executive if Bellagio was sold "at a loss" to the In response to further queries, Hernandez said Corona voted against Megaworld Corp. in at least two

Coronas. Hernandez replied that Megaworld made a "little profit" from the sale. cases, even if the chief justice and his family had purchased properties from Megaworld twice. He said the Corona family bought Megaworld properties in 2006 but the real estate company "lost a case right after 2007 and then he bought again from [the company] in 2008 and then [the company] lost again a case in the Supreme Court in 2009.

Senator-judge Panfilo Lacson, however, clarified that Megaworld only lost in one of the cases because

they appealed the decision. He also pointed out that in the 2004 SC decision where Megaworld had lost, the compromise agreement was reversed in the real estate company's favor.

Upon further inquiry by Lacson, Hernandez said that he did not know of any other cases involving

Megaworld still pending before the Supreme Court.

Source: GMA News

HIGHLIGHTS OF CORONA IMPEACHMENT TRIAL

'Let go of the discount issue'

On the valuation of the Bellagio penthouse, Lacson pointed out that only the city assessor of Taguig Asked by Lacson, House prosecutor Rep. Barzaga admitted that no one in the prosecution panel has

City can give the fair market value of the unit. the competence in determining whether the fair market value reflected in Corona's SALN is true and accurate.

Senator-judge Aquilino Pimentel III strongly suggested to the House prosecution panel to "let go" of

the discount issue when Article III is taken up later in trial. He said that the acceptance of a discount has absolutely nothing to do with that article of impeachment.

Asked by Senator-judge Ramon Bong Revilla Jr., Hernandez admitted that aside from the 15 percent

discount, Megaworld extended Corona a P1 million discount to bring the purchase price of the Bellagio unit to P14.5 million. Del Castillo impeachment case still pending

Senator-judge Joker Arroyo asked whether there was another impeachment complaint at the House of

Representatives. House lead prosecutor Tupas, as the House Justice Committee chair, said that the impeachment complaint against SC Associate Justice Mariano Del Castillo was still pending at the committee level. Adjournment

Tuesday's session was adjourned at 5:05 pm. It will resume at 2 pm Wednesday.

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HIGHLIGHTS OF CORONA IMPEACHMENT TRIAL

DAY 10

Call to order

The trial resumed at 2 p.m. Wednesday.

Corona's P11-million loan

House prosecutor Rep. Reynaldo Umali conducted the direct examination of Director Benito Cataran

of the Securities & Exchange Commission (SEC) Company Registration & Regulatory Department, who testified on the P11-million loan that Chief Justice Renato Corona got in 2003 from his wifes corporation; it was declared as his liability in his Statement of Assets, Liabilities and Net Worth (SALN) from 2004 to 2009.

Cataran produced the articles of incorporation of Basa Guidote Enterprises, Inc. (BGEI), which was

registered with the SEC in May 30, 1961. He said neither Corona nor his wife Cristina Roco-Corona were listed as shareholders in the company, whose incorporators and officers had the surnames Basa or Roco.

Director Cataran added that the SEC revoked BGEIs articles of incorporation and considered the

company dissolved in 2003 the year Corona got a loan from BGEI after it failed to file general information sheets (GIS) from 1991 to 1997, and financial statements from 2000 to 2003 as required under the Corporation Code.

However, presiding officer and Senate President Juan Ponce Enrile said the dissolution of a

corporation is not its end because it still has to undergo liquidation. He explained that the SEC can only suspend a non-compliant corporations license, but the corporation can only be dissolved by its own stockholders or by the government through a case filed against entities that usurp authority. He directed Cataran to submit a legal memorandum showing the authority of the SEC to dissolve non-compliant corporations.

Umali said the prosecution panel was out to prove that Corona could not have borrowed from BSEI

because the corporations franchise has already been dissolved or revoked [and] the only action that can be taken by [BGEI] is to liquidate, wind up and distribute the shares. He added the prosecution wants to prove that the P11-million loan obtained by Corona is fictitious.

Senator-judge Francis Pangilinan noted that the prosecution was trying to prove a questionable or

"unexplained inclusion" which goes to the truthfulness of Coronas SALN. Much ado about nothing

Senator-judge Alan Peter Cayetano said the SECs statement that BGEI is no longer operational is

irrelevant because a corporation under process of dissolution can still lend money. Senator-judge Edgardo Angara agreed and said Catarans testimony was much ado about nothing. Senator-judge Pia Cayetano described it as a futile exercise.

Senator-judge Lito Lapid noted that Coronas 2010 SALN disclosed an P11-million cash advance

and asked how this was different from a loan. In reply, Umali admitted that the prosecution was wondering how a corporation thats no longer in operation could give a cash advance to a non-stockholder like Corona.

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HIGHLIGHTS OF CORONA IMPEACHMENT TRIAL

Senator-judge Francis Escudero explained that when a corporation is dissolved, the incorporators

simply become co-owners in an association which can still do business, and the co-owners answer any claims if it gets sued in court.

During cross-examination, lead defense counsel Serafin Cuevas got the witness to admit that he had Cuevas showed Cataran a check amounting to P34,703,800 that was supposedly paid to Cristinaon

no firsthand knowledge about BGEI, its transactions, and the P11-million loan. behalf of BGEI after the firms properties were expropriated, but the SEC director said he was not aware of this transaction. Coronas P3M condo unit in Makati

Ayala Land assistant vice president Nerissa Josef testified that the Corona family made three

installments within one year for the full payment of Unit 31-B of The Columns, a 48-square meter condominium unit in Makati City. She said a deed of absolute sale dated October 1, 2004 was issued to the Corona family.

Private prosecutor Winston Ginez, who conducted the direct examination, said Corona should have

declared the property in his SALNs for the years 2004 to 2009 but the chief justice only declared the condominium unit in his 2010 SALN. Responding to a question from Senator-judge Escudero, Ginez said the prosecutions position is that when the absolute deed of sale was executed, then the property should have been included in the SALN.

However, defense counsel Cuevas said there was a refusal on the part of the buyer for the delivery.

Before conducting his cross-examination, defense counsel Ramon Esguerra also had a handwritten note signed by Coronas wife marked as evidence.

Asked by Esguerra whether she was aware of the Coronas' complaints that the unit had undersized Upon Escuderos motion, the presiding officer directed both the prosecution and defense to submit by

wires and damaged windows, Josef replied in the negative. Monday their respective legal memorandums on that point of law: when must a property be declared in the SALN when there is already a deed of absolute sale or when the property is actually turned over to the owner?

Responding to a question from Senator-judge Drilon, Josef said the Coronas took possession of the

unit sometime in 2008. Subpoena for documents on Bellagio penthouse units

Senator-judge Sergio Osmea III asked that the impeachment court also subpoena any document The presiding officer ordered the issuance of the subpoena.

containing the date of acceptance and titling, plus the floor plans, of the Bellagio penthouse units in Taguig.

Adjournment

At 6:15 p.m., the trial was adjourned. The trial will resume at 2 p.m. Thursday.

Source: GMA News