COA: No fund mess in SC audit

MANILA, Philippines - Despite accusations of graft against its chief, the Supreme Court (SC) had no serious fund irregularities in 2010, according to a Commission on Audit (COA) report released yesterday.

Except for some accounting errors like misstatements of balances, unliquidated cash advances, uncollected fees, as well as recording and classification errors, there was nothing in the COA report that would indicate fund misuse in the Supreme Court, much less one involving Chief Justice Renato Corona who is set to face a Senate impeachment court on Jan. 16 for a host of charges including corruption.

State auditors even took note of how the Judiciary Development Fund (JDF) last year had greatly benefited the country’s justices and judges, and court personnel.

The only thing that came close to an irregularity, based on the COA report, was the non-operation of P2.2-million wworth of water purifying and refilling stations set up in 2009 or before Corona was appointed Chief Justice. By allowing the facilities to remain idle, COA said authorities are “depriving the employees of the intended benefits of the project and resulting in the wastage of government resources if these water stations continue to remain non-operational.”

The COA report also said the P885.8-million JDF in 2010 was P12.1 million higher than the previous year’s P873.7 million.

The JDF was established under Presidential Decree 1949 on July 18, 1984 “for the benefit of the members and personnel of the Judiciary to further ensure and guarantee the independence of the Judiciary as mandated by the Constitution.”

The money, derived from legal fees, is used to augment the allowances of officials and personnel of the judiciary and to finance the acquisition, maintenance and repair of office equipment and facilities.

In its impeachment complaint forwarded to the Senate, the House of Representatives accused Corona of betraying public trust and of involvement in corruption “when he failed and refused to account for the JDF and Special Allowance for the Judiciary (SAJ) collections.”

The SC’s alleged failure to remit P5.38 billion to the Bureau of Treasury was not even mentioned in the 2010 annual audit report.

“It will definitely be a boost to the defense (in the impeachment trial in the Senate) and douse the Chief Justice’s critics who are trying to malign his credibility and person,” Zambales Rep. Milagros Magsaysay said of the COA report.

But Deputy Speaker and Quezon Rep. Lorenzo Tañada III said the reports were “not true.”

Still lucky

Despite his impeachment by the House and his negative approval rating, Corona said he still considers himself “fortunate” because “I have this opportunity to stand up for my principles.”

“Not everyone is given this chance to define his character,” Corona said in a rare interview with reporters Monday.

“Manalo o matalo, ang mahalaga rito ay maipakilala ko ang sarili ko na may paninindigan (Win or lose, what’s important here is I get to define my character as a person who has principles),” Corona said. “Let it not be said that I did not defend my principles.”

Corona explained that his battle had evolved from a personal one to that of being a fight for democracy.

“It is God who is in control,” he told reporters after a Mass offered for him by a group called Solidarity 4 Sovereignty.

The celebrant, Fr. Dave Clay said in his homily that “God has His own time,” and “knows what is going on in our country.”

“God is in charge of our fate and He is in charge of our country... God has His own time... if you really trust the Lord, why are you anxious?” the priest said.

“All He wants of us is pray, not prey, but pray. Let’s stop criticizing, let’s stop judging, and start praying,” he added.

Meanwhile, three more lawyers have joined the Chief Justice’s defense team – former justice undersecretary Ramon Esguerra, former Pamantasan ng Lungsod ng Pasay law school dean and UP law professor Tranquil Salvador III, and Harvard law graduate Karen Jimeno. Retired SC justice Serafin Cuevas heads Corona’s battery of lawyers.

SC spokesman Midas Marquez announced that the three new lawyers have also been designated spokespersons for Corona in the impeachment trial. This developed as a member of Corona’s defense panel, Ernesto Francisco Jr. decided to quit yesterday.

“He had volunteered to join the team, and it’s with his own volition that he decided to leave. He said in his letter that upon further consideration, it would be better for the defense that he leaves,” Marquez explained.

The SC official said Francisco did not give any other specific reason for his decision, “but it’s certainly not lack of confidence in the team.”

Marquez also denied reports that former Ateneo law school dean Eduardo de los Angeles and former Court of Appeals justice Hector Hofileña had also quit the defense team.

He said De los Angeles is still part of the defense panel while Hofileña had never been technically part of the team.

Contempt sought

Meanwhile, Corona’s camp has called on the Senate to cite members of the House prosecution team in contempt for releasing sensitive information intended as evidence in his coming impeachment trial.

In a manifestation filed by lawyer Jose Roy III, the Senate, as an impeachment court, has been asked to discipline the prosecutors led by Iloilo Rep. Niel Tupas for disobeying the rules of procedure in impeachment trial.

In a press conference last Jan. 3, Tupas and his fellow prosecutors cited Corona’s possible use of ill-gotten wealth for acquiring a high-end condominium unit in Taguig City in 2009.

“This assertion in a press conference insinuating a possible illegal acquisition of property by CJ Corona runs roughshod over the preemptory language of Rule XVIII of the Rules of Procedure on Impeachment Trials promulgated by the Senate,” the manifestation stated.

The rule states that the presiding officer and the members of the Senate “shall refrain from making any comments and disclosures in public pertaining to the merits of a pending impeachment trial.” The rule applies to the prosecutors, to the person impeached and to their respective counsels and witnesses.

“It is, more importantly, a contemptible affront to the honorable impeachment court, whose constitutional mandate is precisely to pass judgment on the complaint,” according to the manifestation.

“These rules seek to prevent undue speculation from the general public regarding the merits of the case and insulate the senator-judges from influence or pressure outside the proceedings before them to ensure a fair, impartial and credible trial,” it added.

The manifestation also stated that the release of information regarding Corona’s condo units was a “clever ruse to destroy the image of CJ Corona before the bar of public opinion and generate a negative public perception of his guilt ahead of the impeachment trial.”

“No question about the malice and insidious motives can be heard, considering that the acquisition of the condominium unit was candidly admitted and explained in paragraph 12 of Article II of the answer filed by CJ Corona,” the manifestation stated. With Edu Punay, Marvin Sy, Paolo Romero