Chief Justice Corona's impeachment trial
resumes, perhaps not a sure thing after all
This
week the Philippine Senate returned from recess to once again take up the
impeachment of Chief Justice Renato Corona on charges of corruption. Despite
the fact that the impeachment trial is being conducted by the Senate, it was
engineered by President Benigno S. Aquino III, and it is of crucial importance
to his presidency.
If
Corona is found not guilty or if a deal is worked out, anything short of
complete removal from his position would almost certainly be a devastating blow
to the presidency and would leave in office an arch-enemy closely aligned with
former President Gloria Macapagal Arroyo, the main target that Noynoy Aquino is
attempting to defang.
So far,
Aquino has been picking off Arroyo’s allies one by one. Arroyo herself was
arrested last November in her hospital bed on charges of vote fraud after being
denied permission to leave the country for medical care after a dramatic
face-down at Manila’s international airport. She had been given permission to
leave through a Supreme Court order that nullified a travel ban placed on her
by the government.
House
of Representatives prosecutors in Corona’s impeachment trial alleged that he
had used his position as chief justice to rule in favor of corporations and
individuals who had paid him millions for his decisions, and that he had shown
bias in his decisions in favor of Arroyo, who had appointed him after he had
served as her spokesperson and chief of staff. He was originally appointed to
the court in 2002 by Arroyo and elevated to the chief justiceship in a
controversial appointment just two days after Aquino’s election to succeed her,
and a month before her term ended.
When
the Senate received the articles of impeachment from the House of
Representatives and began the trial on Jan. 16, it was assumed that Corona’s
ouster was a sure thing.
“Now,
I’m not quite sure,” said a veteran political analyst in Manila. I still think
he would be but anything can happen at the last minute. I’m not quire able to
read what the senators really want, so I am guessing some sort of horse-trading
is about to happen.”
One of
the big problems is the banking secrecy laws in the Philippines, which are
every bit as stiff as those in a variety of Caribbean islands. The laws make
the mere inquiry into the accounts of an individual punishment by up to five
years in prison. Thus despite the fact that officials possess leaked records
showing Corona allegedly amassed millions of dollars in ill-gotten funds, they
may not be admissible in court.
Rappler,
the Manila-based news website, earlier reported that the chief justice had P20
million (US$475,000) on deposit in one account and P12 million in another. The
website has detailed a long list of other accounts as well. The Office of the
Ombudsman has alleged that Corona has at least US$10 million in deposits,
gaining access to the accounts despite the bank secrecy laws allegedly through
a waiver Corona had signed in his Statement of Assets, Liabilities and Net
Worth, which is required of public figures. Corona has disputed the veracity of
the Ombudsman’s allegations, describing them as “phony.”
The
Foreign Currency Deposits Act states that “foreign currency accounts are
considered of an absolutely confidential nature and except upon written
permission of the depositor, in no instance shall foreign currency deposits be
examined, ignored or looked into by any person, government official, bureau or
office whether judicial or administrative or legislative, or any other entity
whether public or private.”
Earlier
in the trial, the Supreme Court issued a temporary restraining order barring the
Philippine Savings Bank from disclosing information about Corona’s accounts,
restating the basic tenet of the law. The impeachment court remains at odds
with the court. With the ability to introduce the accounts as evidence in
question, that has left the impeachment panel relatively little to go on other
than property.
Senate
prosecutors, observers in Manila say, have done a relatively poor job of
presenting the case against the chief justice. Claims of 44 properties and
massive undeclared assets have been consistently downgraded. The number of
properties has been cut in half. In many cases, it’s unclear whether the
properties belonged to Corona, family members or whether titles had been
transferred from previous owners.
The
properties that have been identified as Corona’s or his wife’s aren’t lavish
villas – like many of those owned by the politicians putting him on trial. The
premier property is a condo in the high-end Fort Bonifacio district of Manila
but the building isn’t one of the most exclusive in the area. Prosecutors
claim, however, that even that property is too steep for Corona to afford in
his capacity as a public servant – a measly P46,200, less than US$1,100.
Ultimately
the trial is decided by the members of the Senate, sitting as judges, rather
than on the preponderance of the evidence – or the lack of it. They can remove
the chief justice without explanation and without appeal. He is widely assumed
by the public to be guilty as charged.
What
kind of horse trading might be going on behind the scenes is unknown. Senate
leaders have announced their intention of getting the trial out of the way
before the end of the month, before they recess again. Whatever evidence is
presented, it will probably come down to a test of Noynoy Aquino’s power as
president – his ability to deliver up deals to key Senate officers that will
swing their votes. If he loses that test of strength, it is likely that his
presidency will be hamstrung as long as he is in office.
Asia
Sentinel
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