Much has been said about the use and abuse of government’s
resources to prove that Philippine Supreme Court Chief Justice Renato Corona is
no longer fit to continue holding his office, that Mr. Chief Justice Corona is
an obstacle in carrying out anti-corruption initiatives in the country, that the House of Representatives rushed the
transmittal of an ill-prepared articles of impeachment, that the Senate
Impeachment Court should discontinue the trial and drop the charges, that the
case against Mr. Chief Justice Corona is an act of vengeance by President Aquino
due to reasons that include Mr. Corona’s alleged bias regarding Supreme Court cases
involving the Hacienda Luisita, former Gloria Macapagal-Arroyo, etc.
It boils down to this: Mr. Chief Justice Corona failed to include
in his Statement of Assets, Liabilities and Net Worth (SALN) the peso
equivalent of his dollar deposit and his share of the commingled funds
deposited under his name.
Such act is a violation of Section 17, Article XI of the
1987 Constitution,which states that 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. In the case of the President, the Vice-President,
the Members of the Cabinet, the Congress, the Supreme Court, the Constitutional
Commissions and other constitutional offices, and officers of the armed forces
with general or flag rank, the declaration shall be disclosed to the public in
the manner provided by law”.
Such act is also a violation of Section 8 (A) of Republic Act
No. 6713 (Code of Conduct and Ethical Standards for Pubic Officials and Employees), which provides that “All public officials and employees … shall file
under oath their Statement of Assets, Liabilities and Net Worth and a
Disclosure of Business Interests and Financial Connections and those of their
spouses and unmarried children under eighteen (18) years of age living
in their households. The two documents shall contain the following: a) real
property, its improvements, acquisition costs, assessed value and current fair
market value; b) personal property and acquisition cost; c) all
other assets such as investments, cash on hand or in banks, stocks, bonds, and
the like; d) liabilities, and e) all business interests and financial
connections.”
In addition, such act is a violation of Section 7 of Republic Act No.
3019 (Anti-Graft and Corrupt Practices Act) which provides that “Every
public officer, within 30 days after assuming office … shall prepare and file …
a
true, detailed sworn statement of assets and liabilities, including a statement
of the amounts and sources of his income, the amounts of his personal
and family expenses and the amount of income taxes paid for the next preceding
calendar year.”
By his own admission, Mr. Chief Justice Corona has $2.4
million in deposits and P80.7 million in commingled funds. His defense that the
dollar deposit is covered by Republic Act No. 6426 (Foreign Currency Deposit
System) does not hold water. Section 4 of RA No. 6426 states that "All foreign currency deposits authorized under this Act ... are hereby declared and considered as of an absolutely confidential nature and, except upon the written permission of the depositor, in no instance shall foreign currency desposits be examined, inquired 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. Mr. Chief
Justice Corona would not have violated this law if he included in his SALN the
peso equivalent of his dollar deposit. His defense that the commingled fund is
not his own asset does not also hold water. Mr. Chief Justice Corona would have
not violated any law if he included in his SALN the total commingled fund and
his share of that fund.
Section 11 of RA No. 6713 provides the following:
“(a)
Any public official or employee … committing any violation of this Act shall be punished with a fine not exceeding
the equivalent of six (6) months' salary or suspension not exceeding one (1)
year, or removal depending on the gravity of the offense after due notice
and hearing by the appropriate body or agency. If the violation is punishable
by a heavier penalty under another law, he shall be prosecuted under the latter
statute. Violations
of Sections 7, 8 or 9 of this Act shall be punishable with imprisonment not
exceeding five (5) years, or a fine not exceeding five thousand pesos (P5,000),
or both, and, in the discretion of
the court of competent jurisdiction, disqualification to hold public office…
and
(b)
Any violation hereof proven in a proper administrative proceeding shall be
sufficient cause for removal or dismissal of a public official or employee,
even if no criminal prosecution is instituted against him.”
The laws are clear. The laws must be implemented. Dura lex sed lex (Law is harsh, but it's the law).
