Senate disallows presentation of evidence on ‘hidden wealth’
Thursday, 26 January 2012 00:00
THE Senate yesterday disallowed the presentation of evidence on alleged ill-gotten wealth stated on the paragraph 2.4 of the Article 2 of the impeachment complaint against Supreme Court Chief Justice Renato Corona. The impeachment court, however, allowed the introduction of evidence on the paragraphs 2.2 and 2.3 which contain the failure of Corona to disclose to the public his statement of assets, liabilities, and net worth and, the not inclusion in the SALN of Corona's some properties.
"This impeachment court has arrived at a decision in that caucus that this court will allow the introduction on the impeachment article N. 2 paragraphs 2.2 and 2.3 but not the introduction of evidence on paragraph 2.4," ruled Senate President Juan Ponce Enrile. Enrile also granted the motion of the prosecution to subpoena Bureau of Internal Revenue (BIR) commissioner Kim Henares but only to present and authenticate the income tax return (ITRs) of the respondent from 2002 to 2010.
Henares told the impeachment court she obtained permission of President Aquino with regards to the disclosure of the income tax return (ITRs) of the Chief Justice in the impeachment court. The impeachment court ruling was made during an all senator-judges caucus held two hours before the impeachment trial resumed at 2 pm Wednesday. House prosecution panel chief Rep. Niel Tupas manifested their intention to ask for the reconsideration of the ruling of the impeachment court.
Earlier, the defense panel questioned the inclusion of the allegation of ill-gotten wealth of the Chief Justice in the Article 2, saying the complaint was focused only on the non-disclosure of Corona's SALN. The defense team reiterated its position that there are "constitutional processes that need to be respected and rights upheld" during the trial. Defense spokesperson Karen Jimeno said, "Although we are cognizant of the position taken by the prosecution that no one is above the law, we likewise point out to all that the Chief Justice, just like any Filipino, has rights guaranteed by the Constitution." "Our continuing objection is in the manner the prosecution is presenting evidence to prove CJ Corona's supposed unlawfully acquired wealth goes beyond the charge contained in Article II," Jimeno said.
She also said the impeachment court should never allow hearsay, misleading and hypothetical questions. Jimeno said their continuing objection arises out of CJ Corona's constitutional rights guaranteed by Article III of the Constitution such as the following: • Section 1. No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws. • Section 14. (1) No person shall be held to answer for a criminal offense without due process of law. • (2) In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved, and shall enjoy the right to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him. Article II of the "verified" complaint of impeachment states that the respondent committed culpable violation of the Constitution and or betrayed public trust when he failed to disclose to the public his SALN as required under Section 17, Article XI of the 1987 Constitution. PNA
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