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CJ Corona faces Impeachment

Embattled Chief Justice Renato Corona

…ito pong laban na ito ay hindi na para sa akin at sa aking pamilya. Kung para sa akin lang, marahil matagal na akong nagbitiw. Kung kayat itinataya ko na ang lahat, ang aking pamilya, ang aking pangalan, katauhan, karangalan at dignidad sa labang ito.

16 JANUARY 2012 marked yet another milestone in the rich, and somehow dirty, political history of the Philippines. For the first time ever, the most powerful person in the government’s judiciary arm – the Chief Justice – faces an impeachment trial.

#AT gives a brief backgrounder on this political brawl.

Midnight Appointee?

Renato C. Corona, born 15 October 1948, was appointed to the Court on 9 April 2002 by then President Gloria Macapagal-Arroyo. He was appointed to become the 23rd Chief Justice on 12 May 2010, merely two days after the 2010 national elections and eight weeks before President Benigno Simeon “Noynoy” Aquino III took his oath of office on 30 June 2010.

The appointment is justified by the 1987 Philippine Constitution. Article VIII Judicial Department, Section 4 reads: “(1) The Supreme Court shall be composed of a Chief Justice and fourteen Associate Justices. It may sit en banc or in its discretion, in division of three, five, or seven Members. Any vacancy shall be filled within ninety days from the occurrence thereof.”

However, Section 15 of the same article states that “Two months immediately before the next presidential elections and up to the end of his term, a President or Acting President shall not make appointments, except temporary appointments to executive positions when continued vacancies therein will prejudice public service or endanger public safety.”

Aquino hastily challenged the appointment of Corona from the start of his term, opting to take his oath of office before a barangay captain rather than the latter. The oath of office was however administered by Supreme Court Associate Justice Conchita Carpio-Morales.

Question of Credibility

The prosecution questions Corona’s partiality in favour of his appointee, former President Arroyo. One of the eight articles of the complaint says Corona betrayed public trust through a “track record marked by partiality and subservience in cases involving the Arroyo administration.” Corona justifies that court decisions are by nature cast by majority vote and his decision would count only as one vote.

Another point of question is the alleged failure to disclose his statement of assets, liabilities, and net worth (SALN). The basis for SALN is Republic Act No. 6713, known as the Code of Conduct and Ethical Standards for Public Officials and Employees. This Act is, in turn, based on Article XI of the Constitution, which reads: “A public officer or employee shall, upon assumption of office and as often thereafter as may be required by law, submit a declaration under oath of his assets, liabilities and net worth.” The prosecution team claimed that there are 45 real estate properties under the name of Corona, to which the accused has deflected, saying he only have 5 properties which are included on his SALN.

Corona further stated that that there is an on-going collaborative effort to destroy his reputation.

According to him, the Aquino administration is using the Land Registration Authority, a government agency under the Department of Justice which issued the list of properties, to force him to bow down to a dictatorship.

The trial

The defense team questions the filing of the complaint, reiterating that most representatives from the Congress who signed to pass the impeachment on the Lower House failed to even read the Eight Articles submitted. They also claim that this is an attack to the judicial department, insisting that the three branches of the government (Executive, Judiciary, and Legislative) should be independent, thus, it is a culpable attack on the Constitution.

Prosecution argues that the impeachment complaint is directed not to the judiciary as a whole, but to Corona alone. They also contended that the number of congressmen who signed but did not read the petition would not hinder the impeachment complaint as the required signatories from House members who read the impeachment articles far outweighs those who did not, able to reach the required one-third of all the members. (#AT. Xy So)

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