Friday, February 10, 2012

Criminal intent, not number of properties, is key in Corona trial—Sen. Santiago


By TJ Burgonio 

Philippine Daily Inquirer
Senator Miriam Defensor-Santiago
Senator Miriam Defensor-Santiago. 
INQUIRER FILE PHOTO
MANILA, Philippines – While probably terrified of her, prosecutors at the House of Representatives may have found an ally in Senator Miriam Defensor-Santiago, who thinks there’s been too much ado over the prosecution’s “flip-flop” on the number of Chief Justice Renato Corona’s properties.
“There is a Latin phrase we often use, ‘falsus in unum falsus in omnibus’ [false in one thing, false in everything ]. If a witness is caught lying in one detail, he has been lying in other details,” Santiago said in a telephone interview.
However, regardless of the number of properties, Santiago said, the more important issue was whether there has been  “criminal intention” on the part of the respondent not to declare his assets, which she said would constitute “proof of a high crime.”
“If it appears indicative of a criminal intent, there’s no need to go to the other properties. One or two examples would suffice,” she said, quickly adding, “Unless he has an explanation acceptable to a  reasonable man.”
So far, in their presentations on Article 2, Corona’s alleged failure to disclose his statements of assets, liabilities and net worth, the prosecution “attempted to show certain irregularities.” The defense, however, has been able to explain the alleged irregularities, Santiago observed.
When she appeared in the second week of Corona’s impeachment trial, the fiery senator lambasted the prosecution for their purported lack of preparation and antics in court, even chiding private prosecutor Arthur Lim for his “long colloquies.”
The prosecution came under fire on Day 11 of the impeachment trial after lead prosecutor Iloillo Representatives Niel Tupas Jr. admitted they presented evidence only for at least 21 of Corona’s properties, not 45 properties they had earlier declared in a press conference.
They parried the round of criticisms by asserting that the crux of the matter was whether Corona declared the assets in his SALNs.
Senator Gregorio Honasan III agreed: “Whether 21 or 45 doesn’t make a difference. That’s not the point. The point is whether he declared this in the SALN. If he did not declare these, that’s the problem. We should not be talking arithmetic and splitting hairs here.”
After the fuss over the matter, Honasan said he would propose in their Monday caucus that Tupas and his defense counterpart, Serafin Cuevas, brief the senators and the public about the kind of testimony or evidence they would present for the week [...]

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