by Jojo Malig, ABS-CBNnews.com
MANILA, Philippines – The Senate will likely convict Chief Justice Renato Corona on Article 2 of the impeachment complaint and affirm the Constitution's superiority over the foreign currency deposit law, a political analyst said Friday.
Prof. Jun Salipsip of the Institute of Strategic and International Studies and the American Chamber of Commerce of the Philippines said he observed senator-judges raising the issue of the Constitutional requirement that government officials disclose all of their assets, liabilities, and net worth.
"Based on the questions of the senators (to Corona), it seems that they will base their decision on the Constitution," Salipsip told ANC.
Article 2 of the impeachment complaint against Corona accuses him of failing to disclose all of his assets and liabilities as required by the Constitution and as provided for by law, Section 8 of Republic Act 6713, or the Code of Conduct and Ethical Standards for Public Officials and Employees.
Corona, however, told the impeachment court Friday that he is not required to disclose dollar bank accounts.
He said Republic Act 6426, or the Foreign Currency Deposit Act that was set into law during the Marcos regime, sets absolute secrecy on dollar accounts.
He told the impeachment court that he has $2.4 million and P80 million in various bank accounts.
However, he only declared P3.5 million in investments and cash in his 2010 statement of assets, liabilities, and net worth (SALN).
Corona said some of his peso accounts are "commingled funds" that involve money from his children.
Constitution, RA 6713 vs RA 6426
Salipsip said the nondisclosure of dollar accounts by Corona is now the subject of interpretation of laws, since some senators believe the Constitution and RA 6713 should prevail over RA 6426.
"Some people are saying, the FCDA (law) came ahead, and the Constitution was much later, so they're saying it's the Constitution that must prevail," he said.
"I think most of us will believe that it's the Constitution that prevails because it says assets and liabilities. Your assets would include all kinds of money that you have including the dollar deposits that you have," he said.
Appeal to emotion
Salipsip said Friday's proceedings in the impeachment trial "were full of emotions."
"The issues were practically forgotten. Especially for example when the chief justice made an emotional appeal by using the grandson," he said.
However, he said people remained skeptical of Corona because of his perceived walkout and conditional waiver on Tuesday.
He said Corona recovered Friday, compared to his performance on the witness stand Tuesday.
"I think he was contrite, a little bit more humble than last Tuesday," he said. "I think he redeemed himself a little bit today."
Salipsip said Corona's waiver offer on his dollar accounts will now become part of his testimony.
Defense did better than prosecution
Despite his prediction of a Corona conviction, Salipsip believes that Corona's lawyers did a better job than the House prosecution team.
He said the prosecution could have done better, but many are out of trial practice for years because of their legislation work.
He also praised chief defense counsel Serafin Cuevas.
"We have learned a lot because of him," he said. "I think the defense has done a great job."
He believes Corona's lawyers were not aware of what the chief justice was planning to do Tuesday.
"It looks like they were caught by surprise. I'm not sure if that's part of a script. I don't know what's happening behind (the scene)," Salisip said.
He said Corona's lawyers will rely on the chief justice's interpretation of RA 6426, while the prosecution will stick to the issue of his SALN.
"'Why did you not declare it (assets)?' I think that's the basic issue in question and is the strongest argument. I think they will stick to that," he said.
"That's the issue that will stick out. You've got $2.4 million. You misdeclared it. If you misdeclared it, you cheated," he added.
MANILA, Philippines – The Senate will likely convict Chief Justice Renato Corona on Article 2 of the impeachment complaint and affirm the Constitution's superiority over the foreign currency deposit law, a political analyst said Friday.
Prof. Jun Salipsip of the Institute of Strategic and International Studies and the American Chamber of Commerce of the Philippines said he observed senator-judges raising the issue of the Constitutional requirement that government officials disclose all of their assets, liabilities, and net worth.
"Based on the questions of the senators (to Corona), it seems that they will base their decision on the Constitution," Salipsip told ANC.
Article 2 of the impeachment complaint against Corona accuses him of failing to disclose all of his assets and liabilities as required by the Constitution and as provided for by law, Section 8 of Republic Act 6713, or the Code of Conduct and Ethical Standards for Public Officials and Employees.
Corona, however, told the impeachment court Friday that he is not required to disclose dollar bank accounts.
He said Republic Act 6426, or the Foreign Currency Deposit Act that was set into law during the Marcos regime, sets absolute secrecy on dollar accounts.
He told the impeachment court that he has $2.4 million and P80 million in various bank accounts.
However, he only declared P3.5 million in investments and cash in his 2010 statement of assets, liabilities, and net worth (SALN).
Corona said some of his peso accounts are "commingled funds" that involve money from his children.
Constitution, RA 6713 vs RA 6426
Salipsip said the nondisclosure of dollar accounts by Corona is now the subject of interpretation of laws, since some senators believe the Constitution and RA 6713 should prevail over RA 6426.
"Some people are saying, the FCDA (law) came ahead, and the Constitution was much later, so they're saying it's the Constitution that must prevail," he said.
"I think most of us will believe that it's the Constitution that prevails because it says assets and liabilities. Your assets would include all kinds of money that you have including the dollar deposits that you have," he said.
Appeal to emotion
Salipsip said Friday's proceedings in the impeachment trial "were full of emotions."
"The issues were practically forgotten. Especially for example when the chief justice made an emotional appeal by using the grandson," he said.
However, he said people remained skeptical of Corona because of his perceived walkout and conditional waiver on Tuesday.
He said Corona recovered Friday, compared to his performance on the witness stand Tuesday.
"I think he was contrite, a little bit more humble than last Tuesday," he said. "I think he redeemed himself a little bit today."
Salipsip said Corona's waiver offer on his dollar accounts will now become part of his testimony.
Defense did better than prosecution
Despite his prediction of a Corona conviction, Salipsip believes that Corona's lawyers did a better job than the House prosecution team.
He said the prosecution could have done better, but many are out of trial practice for years because of their legislation work.
He also praised chief defense counsel Serafin Cuevas.
"We have learned a lot because of him," he said. "I think the defense has done a great job."
He believes Corona's lawyers were not aware of what the chief justice was planning to do Tuesday.
"It looks like they were caught by surprise. I'm not sure if that's part of a script. I don't know what's happening behind (the scene)," Salisip said.
He said Corona's lawyers will rely on the chief justice's interpretation of RA 6426, while the prosecution will stick to the issue of his SALN.
"'Why did you not declare it (assets)?' I think that's the basic issue in question and is the strongest argument. I think they will stick to that," he said.
"That's the issue that will stick out. You've got $2.4 million. You misdeclared it. If you misdeclared it, you cheated," he added.
