CORONA: The $10-Million Man

We are aware of the dollar bank accounts of Chief Justice Renato Corona.  Thanks to thesubpoena duces tecum issued by the Philippine Senate acting as an Impeachment Court (IC). By admission of bank executives, CJ Corona not only has several peso deposits but dollar accounts as well.

However, the IC failed to see the details of the foreign currency accounts because Corona’s associates in the Supreme Court issued a TRO (Temporary Restraining Order) to the former re opening of the secret dollar accounts.

The IC did not have to comply with the SC order but majority of the Senators opted to “respect” it giving due regard to the SC as a co-equal branch of the government. Whether these Senators realize it or not, by seeking to know the details of the relevant dollar accounts in the exercise of their constitutional powers, they admittedly implied that they have “abused their discretion amounting to lack or excess of jurisdiction.”

By “respecting” the TRO, the Senators have weakened their own institution not only presently but that of the future generation of Senators.

The Constitution empowered the Legislature to impeach, try and decide on erring impeachable officials that include the Chief Justice of the Supreme Court and the President of the Philippines. This specific and exclusive Constitutional impeachment power is unquestionably supreme. It serves as a check and balance to the other two departments. Not even the highest Chief Judicial Official or Chief Executive can question or intervene in the exercise of this power. To do it would be “disrespecting” the Legislature in the exercise of its proper jurisdiction.

Ironically, by allowing the TRO to prosper, the Senators actually “respected” the “disrespect” that SC showed the Senate as an independent and co-equal branch of the government. Fortunately, the order is temporary and could still be changed by the SC itself, or by a change of heart by the Senators in asserting the powers of Senate as an Impeachment Court by disregarding the order.

Will we ever see the dollar accounts of CJ Renato Corona?

In a media blitz earlier, he had indicated that he would voluntarily open his dollar deposits in due time. The implication is that he would do it during the trial when it resumes. In this case, the choice as to what accounts and its details would be shown remains his. Whatever he decides, it is still worthwhile knowing what he would do and what he would reveal. He also has to show that the revealed amounts were included in his SALNs (Statement of Assets, Liabilities, and Net Worth) or if not, why not?

It was recently revealed that Ombudsman Conchita Carpio-Morales had asked Corona to explain the $10-million worth of bank deposits allegedly owned by the latter. This is in response to complaints filed separately by former Akbayan Party List Representative Risa Hontiveros, Akbayan Representative Walden Bello, and Emmanuel Tiu Santos.

Corona responded by saying “I do not own $10-million...It’s part of black propaganda.” He also said that the order of the Ombudsman is as phony as the Land Registration Authority (LRA) list, U.S. property list, phony surveys. Of course, he asserted that the Ombudsman has no jurisdiction over the Chief Justice.

Based on the pattern of his defense presentation re the deposit of the sales proceeds of the Basa property and his claim that the deposits he withdrew and closed on impeachment day were not his, he would also probably claim that the dollar deposits were not his but were just entrusted to him by some relative or company owned by another relative or friend. $10-million is a large sum of money to accumulate over a short period with a SC Justice’s annual income.

On the property list, Corona and his defense lawyers earlier countered that the prosecutors submitted proofs of only 21 and not 45 real properties as published, hence, failing to prove their case.  Corona would probably show that part of the $10-million was not his. So using the same logic, since it was not $10-million but less, then the prosecutors (if they use the findings of the Ombudsman) also failed to prove their case. Humans including lawyers understandably err and differ on how they infer!

Does the Ombudsman have jurisdiction over Chief Justice Corona?

The investigatory powers of the Ombudsman as provided by both the Constitution (Sec. 13(1), Article XI, 1987 Constitution) and by Republic Act No. 6770 (Sec. 15(1) are quite clear with respect to all government officials, employees and/or offices or agencies.

Section 22 of R.A. No 6770 is even more specific. “The Office of the Ombudsman shall have the power to investigate any serious misconduct in office allegedly committed byofficials removable by impeachment, for the purpose of filing a verified complaint for impeachment, if warranted.”

How about the Ombudsman’s power to access bank accounts and records?

Section 8 of R.A. No. 6770 also states that the Ombudsman has the power to “Administer oaths, issue subpoena and subpoena duces tecum and take testimony in any investigation or inquiry, including the power to examine and have access to bank accounts and records.”

How about the dollar bank accounts that are covered by the Foreign Currency Bank Secrecy Law?

The law allows access to the foreign currency accounts only with the consent of the depositor. 

At the back of form of the SALN is a paragraph on top of a filer’s signature, which reads,

            “I hereby authorize the Ombudsman or his duly appointed representative to obtain and secure from all appropriate government agencies, including the Bureau of Internal Revenue, such documents that may show my assets, liabilities, net worth, business interests and financial connections, to include those of my spouse and unmarried children below 18 years of age living with me in my household covering past years to include the year I first assumed office in the government.”

Date________________________

_____________________________                                 _______________________________

Signature of Spouse                                     Signature of Employee

The SALNs signed by CJ Corona were declarations of his true and accurate assets, liabilities and net worth. They also included the above-mentioned waiver to verify his declarations including his dollar bank accounts.

The Ombudsman is also empowered to “Request any government agency for assistance and information necessary in the discharge of its responsibilities, and to examine, if necessary, pertinent records and documents”  

For this, Ombudsman could actually request the Anti-Money Laundering Council (AMLC), which under the law is empowered under R.A. 9160- Anti-Money Laundering Act, to “inquire into or examine any particular deposit or investment with any banking institution or non-bank financial institution” of public officials.

There is no law prohibiting the Ombudsman from sharing whatever documents or records including foreign currency bank accounts with the prosecutors in the impeachment trial, if warranted.

Be it voluntary on the part of CJ Corona, by order of the Impeachment Court in asserting its powers, and/or by the Ombudsman’s cooperation with the prosecutors, the public should be able to witness the uncovering of the secrets of a $10-million man.

NOYNOYing vs. NAY, NAYing; P-NOYing and PINOYing

A few weeks ago, a Facebook friend asked me what my take was with respect to the term “Noynoying” as being portrayed then by the Philippine Press and given credence by an article in one major newspaper in the United States.

I chose to ignore it at first because it would mean spreading further the ‘word’ as defined by a small group of protesters and critics.

But after reading the reactions of the media, President Aquino, other Philippine Government officials and other relevant movers and shakers, and also hearing the views of my barber and what he has been getting from his customers, I thought that I might as well express my take on it too.

“Noynoy” is the nickname of Benigno Aquino III, the only son of the late “Icon of Democracy” and President Cory Aquino and martyr Benigno Aquino, Jr.

A few months after Cory Aquino died, and before the 2010 Presidential elections, there was a clamor for change of the culture of corruption and impunity engulfing the Philippines under the then President Gloria M. Arroyo (GMA). It mirrored the corrupt practices under the late dictator President Ferdinand Marcos.

It took the death of an Aquino (Ninoy, father) to awaken the submissive and dormant Filipinos, and another Aquino (Cory, mother) with the help of the people rising to topple Marcos successfully.

Through a signature campaign clamoring for Noynoy to run for President, a substantial number of Filipinos were practically saying, “We need another Aquino to help us eliminate this culture of corruption and impunity in the Philippines.”

I personally joined the clamor and later his Presidential campaign, thus- Noynoy’s acceptance of the challenges and the sacrifices required.

NOYNOYing

My take at that time was I chose him as my Presidential candidate because he represented the 4Hs: Honesty, Humility, Honor, and Hope.

Noynoying to me was being honest and untainted; being the humble son of two Philippine heroes who would bring honor to his country, father and mother; and the bearer of the hopes and dreams of a desperate country victimized by corruption in almost all sectors of society.

Noynoy became president of the Philippines winning by a landslide under the catchy and appropriate campaign slogan “Kung walang corrupt, walang mahirap.” (If there is no corruption, there is no poverty).

Upon assumption of the Presidency, he was correspondingly called P-Noy (short for President Noynoy).

As expected in a democracy, there are always critics. Those who opposed him during the elections continued to look and interpret his ways negatively, never giving credit to the positive achievements.

Some are inherently pessimistic and resigned to accepting and expecting what they have been exposed to re past activities of people in power.

NAY, NAYing

These people are what we call the naysayers - negativists who are always saying No to whatever P-Noy and his administration do. They are the NAY, NAYing people who are hopelessly waiting that “the NAYs have it”.

NAY, NAYing is blaming P-Noy for the oil and gas prices; for the rise of tuition fees in colleges; for a delayed delivery of goods and services during the floods, typhoons and other calamities; for playing video games; and for his dating practices. The tendency is to blame him for any problem that the country faces.

While some of the problems mentioned by the naysayers exist, P-Noy is not necessarily the one to blame. External factors could have caused them.

For all the responsibilities and burdens of being President, all work is not advisable. Effective and efficient management, delegation of authority and accountability, inspiring leadership, effective planning and control should allow P-Noy some R & R (Rest and Recreation). Playing video games (Nintendo, Play Station, X-Box) which train one for better eye-hand coordination and quick decision-making are good aside from delivering gaming pleasure and entertainment.

We, the people knew that he was a bachelor when we clamored for him to run for President. We should at least give him some leeway on his private or personal concerns including spending time with women or with friends.

P-NOYing

As President, is he delivering on the 4Hs – Honesty, Humility, Honor, and Hope?

For the first H, he appointed honest and incorruptible Cabinet and Bureau Chiefs. This resulted in the filing of corruption charges against officials in the Military, Customs, Internal Revenue, Immigration and other agencies. These also brought fiscal discipline and increase in government revenue collections.

For the second H, he forced high officials to humbly give up their “Wang Wang” mentality and started the campaign to reverse the culture of impunity. He is currently pursuing aggressively the prosecution of the perpetrators of the Maguindanao Massacre and the electoral sabotage against former President Gloria Macapagal Arroyo who conspired with political warlords.

For the third H, he brought honor to the Philippines by getting appointed to the exclusive Board of the Open Government Partnership led by President Obama in recognition for his leadership in promoting transparency and accountability. In a very short period, the Philippines under his Presidency, has obtained a ratings upgrade from Standard & Poor’s and other rating agencies several times when even the United States got a downgrade.

For the fourth H, he has given the Filipinos a ray of hope.  By going after the “big fish” such as GMA, Ombudsman Gutierrez, Chief Justice Corona, General Garcia, and other high officials, he is showing that he is serious about fighting corruption. The improvement in our economy, the budget surplus, the low inflation rate, the higher growth rate and other significant factors such as technological advances and scientific discoveries and development certainly do make us very hopeful.

In recognition for his success in P-NOYing, the latest survey showed an approval rating of 70% and a disapproval rating of only 9%. The NAYs just do not have it!

PINOYing

The Filipino people are all Pinoys. The Philippine Government is a government OF the Pinoys, FOR the Pinoys and BY the Pinoys.

PINOYing or being a Pinoy should not be all about rights, privileges, fun and excitement alone. It is also about responsibilities and obligations. Quoting John F. Kennedy, we should “ask not what the country can do for you; ask what you can do for your country.”

We clamored for NOYNOY to run. We elected him to govern. We should now practice PINOYing by helping him pursue NOYNOYing in the positive sense, and P-NOYing in the presidential sense.

In this period of our history, “the AYEs have it!”

SALN Laws: Mala Prohibita

I had a haircut on the first weekend after Easter. My barber took out a piece of paper from his pocket and handed it to me while he proceeded cutting my hair. It was a list of Corona impeachment issues that he wanted to review and get clarification

RESOLVED ISSUES

After several days of case presentation by the Prosecution and the Defense panels, the Senate as an Impeachment Court (IC) resolved the following issues:

               

1.              The complaint or Articles of Impeachment as filed by the House of Representatives is valid and not defective as claimed by the Defense;

2.              The Impeachment Court (IC) acquired jurisdiction and proceeded to try the case;

3.              The Impeachment Court (IC) is not an ordinary criminal court, hence – Criminal Procedure is not followed and proof beyond reasonable doubt is not required.

I will not discuss in this article how successful the Prosecution and Defense panels were.  I would rather tackle some issues that my barber and I feel need clarification.

UNRESOLVED ISSUE

The still unresolved issue is the access of CJ Corona’s foreign currency bank deposits by the Impeachment Court (IC), the Prosecution and Defense panels. The IC subpoenaed the relevant deposits earlier, discovered its existence through the bank’s officials. But the Supreme Court issued a TRO (Temporary Restraining Order) against the Impeachment Court accessing the accounts.

The Senate as IC decided to respect the TRO, I assume, also temporarily. The Supreme Court could decide to make it permanent or rescind it.

As I have written earlier, the Senate as an Impeachment Court has the power and, in fact, a duty to ignore the TRO. In impeachment trials, the IC is supreme. In the exercise of its duty and jurisdiction, it has the power to subpoena any document that could help find the truth. It cannot be interpreted as having exercised grave abuse of discretion amounting to lack of or in excess of its jurisdiction.

The impeachment power is precisely granted to the Legislature as a check and balance to the enormous powers of the Supreme Court and the Presidency.  That should also be respected.

INTENT, MALICE or BAD FAITH

It is now settled, given the evidence presented and by admission of the Defense, that there were discrepancies resulting from non-declaration, false declaration and/or under declaration in Chief Justice Renato Corona’s Statement of Assets, Liabilities and Net Worth (SALN).

The issue according to the Defense is, whether Chief Justice Corona caused the non-declaration, false declaration, and/or under declaration willfully, maliciously, or in bad faith.

This is also the understanding of Senator Judge Miriam Defensor Santiago who stated it in one of her “lectures” during the trial.

Before the other Senator Judges and the sovereign public get persuaded into believing that it is so, I would like to express my own view for their consideration.

MALA PROHIBITA

There is a Constitutional, statutory and administrative mandate to submit under oath a truthful and accurate declaration of Assets, Liabilities, and Net Worth (SALN) on the part of public officials such as Chief Justice Renato Corona.  Special laws such as Republic Acts 6713 and 3019 cover the required declaration, disclosure and the corresponding manner and specific contents.

It is settled law that offenses such as the violation of Republic Act 6713, which is a special law, are considered Mala Prohibita. In these types of offenses, proving intent, malice or bad faith is not necessary. The fact that you violated the law, regardless of whether or not you had intent, did it in good faith, or by mistake, makes you guilty.

The law itself has defined the intent. In order to promote transparency, accountability and to prevent graft and corruption, public officials are required by law to submit under oath a truthful and accurate declaration of Assets, Liabilities and Net Worth and disclose the same fully in a manner provided by law.

Either you do it or you do not. If you do not, you are guilty. If there are discrepancies due to non-declaration, false declaration, and/or under declaration as in the case of Chief Justice Corona, there is a VIOLATION. The law does not care whatever your motive or intent is or was.

Can SALNs be corrected?

The Defense lawyers led by Former Associate Justice Serafin Cuevas believe so. My barber and I do not think so. The Supreme Court in several cases ruled a similar opinion as ours.

According to the Supreme Court rulings, if the information in the SALN is false and inaccurate, the person who filed it is not allowed to be first informed about the error and to correct it.

In a March 23, 2011 ruling on G.R. No. 176058 the Supreme Court Second Division made such assertion.

It also said, "Assuring the truth and accuracy of the answers in the SALN is the function of the filer's oath that to the best of his knowledge and information, the data he provides in it constitutes the true statements of his assets, liabilities, net worth, business interests, and financial connections. Any falsity in the SALN makes him liable for falsification of public documents under Article 172 of the Revised Penal Code."

"The law will not require the impossible, namely, that the committee [that reviewed his SALN] must ascertain the truth of all the information that the public officer or employee stated or failed to state in his SALNs and remind him of it," it added.

G.R. Nos. 190580-81 promulgated February 21, 2011 also rejected the notion that Section 10 RA 6713 allows SALNs to be corrected.

It was claimed by the erring official that he was entitled to be informed of any error in his SALN and should have been given the opportunity to correct it

But the Supreme Court said, "The notice and correction referred to in Section 10 are intended merely to ensure that SALNs are 'submitted on time, are complete, and are in proper form.  Obviously, these refer to formal defects in the SALNs.

"These are substantive, not formal defects, It would be absurd to require such heads to run a check on the truth of what the SALNs state and require their subordinates to correct whatever lies these contain.  The responsibility for truth in those

Ironically, Chief Justice Renato Corona certified this decision.

Does failure to submit a true and accurate SALN as mandated by law rise up to the level of impeachable offense? 

The House of Representatives, which is empowered by the Constitution to impeach impeachable officials, had ac

Violation by an impeachable official of the Constitutional, statutory, and administrative mandate to declare his true and accurate SALN would be tantamount to violating his oath of office. Violating his oath of office would be considered betrayal of public trust.

What the Senate and the sovereign public must ask then is, did the impeachable official (in this case CJ Corona), submit a true and accurate Statement of Assets, Liabilities and Net Worth (SALN)?

Holy Week to Remember

This past week was unforgettable for me both as a Christian and a Benedictine-educated lawyer.

As a Christian, I was again reminded of the pains, suffering and death that Jesus had to go through for humanity’s Salvation.

As a Bedan, I saw two classmates whose lives touched mine in some significant way as we pursued different paths in our respective careers, reminding me of my own mortality. It pained me to know that both of them died in the same week.

Former PCGG (Philippine Commission for Good Government) Commissioner Ric Abcede was originally an outstanding Thomasian (UST) prior to joining our Law Class ’72 in San Beda College.

He was Chairman of the UST’s Student Council when I was President of San Beda’s.  In the College of Law, he was an active writer/editor of the law journal. He joined me in my Crusading Lions’ Party to support the successful presidential campaign of one of my best friends, Toy Cedo in San Beda’s Law Council.

While both were spending time inside the campus, (Abcede for the Law Journal) and Cedo for the Law Council), I was busy in the streets of Manila focusing on socio-economic reforms as an active participant of the then Student Revolution.

We all took the Bar and became lawyers immediately thereafter in the year Martial Law was declared.

After a stint at the International Labor Organization (ILO), Ric Abcede went back to the Philippines in 1976 looking for a job. I was then climbing the corporate ladder and was lucky to be hired as Executive Vice President and COO of Magna Services Corporation and Director of Personnel of the entire GUEVENT Group of companies. Magna Services was a sister company of DMG (Volkswagen), Toshiba, AVIS and 14 other companies under the umbrella of GUEVENT (Guevara Enterprises). The group was a model family corporation founded by the late endearing, compassionate and inspiring entrepreneur Domingo M. Guevara.

I hired Ric as my assistant in the Personnel Office, and assigned him to help run the Corporate Newsletter.  I thought that his background in Labor laws would also help me run the Personnel Department.

When I was about to escape from the Philippines, I had to tell him that I was attending an international JAYCEES conference and confidentially told him that I was not coming back. I told him to help run the office temporarily and also promised that when the time came, I would recommend him to be my replacement.

We were forced to live in Sabah, Malaysia for several months until paroled into the United States as political refugees. Unfortunately, I must have written my resignation and my recommendation for my replacement too late because he never got appointed.

He was already a PCGG Commissioner the last time I saw him in his office. I remember discussing with him the use of technologies and soliciting the help of Cyber security experts in recovering ill-gotten wealth.

Ric, Former Senator Rene Saguisag and I have a few things in common. One, we are proud Bedan alums. Two, we all love to dance.

Rene prefers to dance and is good at it with his regular D.I. (Dance Instructor). I always show that I enjoy and also love dancing with my partner. Ric also did especially when dancing with somebody like Imelda Marcos. When you are seeking a compromise, I guess you have to learn how to “dance with the music”.

Toy Cedo was one of my closest friends in San Beda. As undergrads, we had a group called, “ADEBNAS”, (not so creative SANBEDA in reverse). We used to get invited to many parties because of our practice of making sure that no girl would ever be a “wall flower”. The “driving force” behind this group was Bob Ledesma, now also a lawyer and only son of San Beda’s late Dean Feliciano Jover Ledesma of the College of Law. He was the owner and “driver” of the car that carried us in our escapades for years.

We had tremendous memories getting drunk together, traveling to places like Concepcion, Tarlac where another late friend/member Mauro Lacsamana was from, to my town Rosales, and Dagupan City, Pangasinan where another friend/member Tony Mendoza lived and of course, Baguio City.

Toy was a great student debater. He was the Captain of the champion debating team that beat Ateneo, UP, de la Salle and Siliman University. He was adjudged the Best Debater in all of them.

He was also a great practicing lawyer.  He must be that good if somebody like Former National Security Adviser Almonte hired him to handle some delicate cases.  Ask Former PDIC Chairman and DBP Chairman Lanny Nañagas who also asked Toy to represent him.

During the first Persian Gulf War, many Filipino workers were displaced and were forced to be sent home. A cause of action was in order to go after some frozen Iraqi Funds to compensate the workers. A topnotch American lawyer friend in Washington, D.C. asked me for a partner in the Philippines to help pursue the cases.

Without hesitation, I recommended Toy Cedo and then proceeded to arrange for them to meet in Manila. That’s how I looked at him as a lawyer. 

When I formed a couple of companies including one that brought Frank Sinatra to Manila, he was readily the Corporate Counsel and Corporate Secretary.

In our class was someone who was No.3 in the Bar Examinations. When he needed help in a litigation involving some relatives and town mates, guess whom he chose to hire?

ATTORNEY TOY CEDO, the lawyers’ lawyer!

We had other experiences together in many other ways even as professionals. In the early years of Martial Law, Gabby Lopez (Eugenio Lopez III), now Chairman of ABS-CBN, and I organized a group to learn KARATE skills. Invited to join us were Toy Cedo, Bob Ledesma, Lanny Nañagas and Daniel Olea.  It was held at the Lopez residence in Forbes Park, Makati. We got a couple of instructors who were involved with Bob, Toy and me earlier in the Bushido Kai Club at the Knights of Columbus.

This was before my escape via kumpit (pump boat) traveling through the Southern route successfully evading the chasing pirates and ending in Sabah, Malaysia.

After the People Power Revolution I used to go home to the Philippines on a regular basis. In one of my visits, I was invited to attend a spiritual retreat run by Fr. Resty and a group called SPK (Sandiwanihang Pilipino at Kristiano) led by the late Congressman Vic Sumulong and my friend and town mate Bernie Estrella Arellano, daughter of the late Agrarian Reform Secretary Conrado Estrella.

Attending the retreat with me were Toy Cedo, Bob Ledesma, the beautiful actress-singer Pinky de Leon, and a few others. I remember that during the mass and at the “peace be with you“ part, instead of shaking hands as you utter the words, you have the option to kiss the person (of opposite sex) beside you.

In subsequent masses during the entire retreat, Toy, Bob and I were secretly competing to be beside beautiful Pinky to say, “Kiss be with you.” J

I know Toy had a religious life. His was a lingering illness so he had all the chances to be even closer to God. I am absolutely sure that he is there now in heaven helping the gatekeepers fending off the challenges of Satan and the like.

I will surely miss Toy and in many ways Ric too.

My condolences and prayers go to Toy’s wife, Bee, their only son and the family of Ric!

IT in GOVERNMENT

I am attending FOSE 2012 as I write this column.  Like in the International Consumer Electronics Show (CES) 2012 and MACWORLD/IWorld, I am lucky to obtain Press Credentials.

Originally named as plain Federal Office Systems Exposition (FOSE) exhibiting office ware in the Federal Government, it has evolved over the years as “the premier government information technology (IT) event that brings together federal, state, local and private sector partners to share the latest innovations and best practices in technology implementation.”

This year FOSE 2012 is focusing on both technology and policy management. It is comprised of five conferences: Cybersecurity, Cloud and Virtualization, Mobile Government, Defense Innovations as well as Records and Information Management.

Produced by 1105 Media's Government Events Group efficiently and effectively, FOSE 2012 is being held April 3 - 5 at the Walter E. Washington Convention Center in Washington, D.C.

Providing a yearlong educational forum, FOSE will also host individual conferences for each of the topic areas above during 2012.

Kicking off the event on April 3rd was U.S. Chief Information Officer (CIO) Steven VanRoekel who delivered the opening keynote address. He expounded on the current landscape of federal IT as well as his vision for implementing a
common approach to the design of future federal architectures.

Tom Koulopolous, author of “The Innovation Zone”, was the featured speaker early in the afternoon. Koulopolous is known for “taking mystery out of innovation.”

One of the sessions that I attended was “The Dark Side of Facebook”. The speaker, Alix Levine who is the owner of WEBehavior, a consulting firm, discussed some samples and case studies on how the enemies of our way of life use Facebook for their sinister ends. I plan to write a separate article on this topic later.

The Wednesday keynote speaker will be former Senator George Mitchell and special envoy for Middle East peace. He is expected to offer a global perspective on government IT, including the impact of technology and social media on world political currents.

He will be followed in the afternoon by the first Navy SEAL ever to be appointed to a four-star flag rank, Adm. Eric Olson. His views on using technology to enhance the “new fighter warrior” will be aired. He will also offer “Lessons from the Bull Frog SEAL Commander”.

FOSE will feature five top women in government IT in a panel discussion on Thursday. They are Judy Marks, president of Siemens Government Technology; Dawn Meyerriecks, assistant director in the
Office of the National Director for Intelligence; Linda Rix, president of Avue Technologies; Lisa Schlosser, deputy administrator of OMB’s office of e-government and IT; and Susan Swart, CIO of the State Department. The panel will be moderated by 1105 Government Information Group President Anne Armstrong.

Being a member of the media, I am allowed to attend any or all of the sessions. Since I am unable to attend all, I will focus on some interesting sessions on Mobile Government, Cybersecurity, Cloud and Virtualization and Records and Information Management Conference Agenda. I will miss all the sessions on Defense Innovations because of time limitations.

I also plan to write about them in my next column.

It is indeed exciting and interesting to attend these sessions or conferences involving the government and its industry partners in the field of technology. I cite,for example, the initial stages of the Internet, the eBook and the UAV (Unmanned Aerial Vehicles) technologies.
We all know that the Internet got started at the initiative of the U.S. Government. I was fortunate to be one of the first attendees of the conferences sponsored by the U.S. Federal Government on the eBook technology.

It was also due to these eGov conferences that I learned about the UAV technology. In fact, I was even appointed by one of the manufacturers/suppliers of the military to represent them in Southeast Asia.

In the case of the Philippines, the company was even willing, not only to sell it there, but also to transfer the technology for commercialization and for use of our military.

Unfortunately, despite an approved budget that passed through Philippine Congress to finance a pilot project, we failed to consummate an agreement probably because of our insistence on following the Anti-Corrupt Practices Act of the United States.

It might be worthwhile pursuing it again under the current Philippine regime if it is still possible. It is a very inexpensive and safe way to monitor our shorelines including those of the Spratlys.

CHARINA CORONA: No Dummy, Dummy, or Both?

Who is the real owner of the McKinley property? Charina Corona or Renato and Cristina Corona? Was CJ Renato Corona required to declare it in his SALN?

Based on the pieces of evidence presented by both sides and published reports, here is the TIMELINE:

1.  Cristina R. Corona made a reservation and an offer to purchase a McKinley lot;

 2.  A buyer information sheet was filled up under the name of Renato Corona and Cristina Corona;

3.  On July 3, 2006, a down payment of P200, 000 was paid by CJ Corona and, correspondingly, a receipt was issued in favor of Corona;

 4.  On August 8, 2006, the next payment of P494, 016.40 was made by CJ Corona per receipt;

5.  Starting September 2006 to December 2006, monthly payments of P57, 834.70 were paid by CJ Corona per receipts;

 6.  From January 2007 to December 2007, the same monthly payments as No. 5 were made by CJ Corona;

7.  On February 15, 2007, a Declaration of Trust was made designating Renato and Cristina Corona as Trustees and Charina Corona as Trustor, Beneficiary, and Legal Owner of the title to Lot 1, Blk. 16, Phase 2 of McKinley Hill Subdivision;

 8.  On March 7, 2007, an SPA was made designating Renato Corona and Cristina Corona as Attorneys-in-fact signed by Charina Corona;

9.  From January 2008 to July 2008, the monthly payments as No. 5 were made by CJ Corona;

 10. On August 29, 2008 a full and final payment of P4.8 million was paid by CJ Corona per receipt;

11. On September 8, 2008, CJ Corona wrote a letter to Megaworld stating that Charina Corona actually made all the payments and that she should be named as the owner; (Meanwhile, on September 9, 2008, Charina bought a property in Roseville, California with a down payment of $24, 356 and making sure that her husband waived all rights to the same property.)

 12. On September 15, 2008, another Special Power of Attorney (SPA) notarized in San Francisco, Ca. was executed in favor of Renato C. Corona and Cristina R. Corona to sign the deed of sale and documents pertaining to the purchase of Lot 1, Blk 16, Phase 2 of McKinley Hill Subdivision;

13. On October 3, 2008, a Deed Assignment transferring the ownership rights to Charina Corona from Renato and Cristina Corona was made;

 14. A TCT was eventually issued in the name of Charina Corona. The Tax Declaration also identified Charina Corona as owner.

Let me try examining the effect of each of the above-mentioned events on Charina Corona.

No. 1 – If she asked her Mom to reserve the lot for her, it was a smart move since she was in the United States. NO DUMMY.

No. 2 - Since the information sheet did not list her as a buyer, on its face, it was not for her protection or interest. DUMMY.

            If Renato and Cristina Corona were listed as buyers but with the promise that it would be transferred to her, it could be acceptable. NO DUMMY.

No. 3 – If she sent money from the U.S. or transferred money equivalent to P200, 000 from her dollar or peso accounts in the Philippines to the dollar or peso accounts of Renato or Cristina Corona for the down payment but the receipt was in her parents’ name, she was not protected. DUMMY.

            If the down payment was ADVANCED for her, then it was for her benefit. NO DUMMY.

No. 4 - If she sent money from the U.S. or transferred money equivalent to P494, 016.40 from her dollar or peso accounts in the Philippines to the dollar or peso accounts of Renato or Cristina Corona to pay for the next payment but the receipt was in her parents’ name, she was not protected. DUMMY.

            If ADVANCED for her, then it would be for her benefit. NO DUMMY.

No. 5 - If she sent money monthly from the U.S. or transferred money equivalent to P57, 834.70 from her dollar or peso accounts in the Philippines to the dollar or peso accounts of Renato or Cristina Corona to pay for the monthly installments but the receipts were in her parents’ name, she was not protected. DUMMY.

            If ADVANCED for her, then it would be for her benefit. NO DUMMY.

No. 6 – The same as No. 5

Nos. 7 & 8 – NO DUMMY.

No. 9 – The same as No. 5

No. 10 -If she sent money from the U.S. or transferred money equivalent to P4.8 million from her dollar or peso accounts in the Philippines to the dollar or peso accounts of Renato or Cristina Corona to pay for the full and final payment but the receipt was in her parents’ name, she was not protected. DUMMY.

            If ADVANCED for her, then it would be for her benefit. NO DUMMY.

No. 11 - For the Philippine and U.S. properties then, benefit was for her. NO DUMMY.

No. 12 – NO DUMMY.

No. 13 – NO DUMMY.

No. 14 – NO DUMMY.

There is a Constitutional provision that prohibits foreign nationals from owning real estate properties in the Philippines. To circumvent the law and to protect the interests of foreigners who are buying real estate properties in the Philippines, there is one method that is usually used.

The wife who is a Filipino citizen buys the real property on behalf of the foreigner. To protect the real buyer/foreigner who provided the cash for the purchase of the property, the Filipino citizen, in whose name the property is titled, is asked to execute a Deed of Trust with the foreigner as a Trustee, as well as a Special Power of Attorney appointing the foreigner as Attorney-in-fact to be signed by the Filipino citizen.

This is a common practice among lawyers who represent foreign buyers of real estate. But if it is done for foreigners, a fortiori (with more reason), it could be done for Filipinos.

The Prosecution must have suspected that CJ Corona and her daughter Charina must have followed this method.  Renato and Cristina Corona were the real buyers and Charina as the front person or, for purposes of this article, the DUMMY.

CJ Corona and wife reserved to purchase the property.  They were registered as the buyers. They paid and correspondingly were given a receipt in their name for the down payment. They paid and were correspondingly given receipts in their name for the next payment, all the monthly installments, and the full and final payment. They had to ask Megaworld to assign the ownership rights to Charina because Megaworld recognized them as the real owners.

To protect themselves, they asked Charina Corona to execute a Special Power Attorney both in the Philippines and the United States, and a Deed of Trust as I have described.

If this was the case and, I also suspect it was, Charina Corona was a DUMMY, not because she was dumb but because she was fronting for her parents. In fact, as an unintended consequence, she could end up really owning the property smartly.

Ask Senator Judge Bongbong Marcos and the DUMMIES of his father.

Should CJ Corona have declared the McKinley property in his SALN?

My answer is a resounding YES.

1.  If Charina is proven to be a DUMMY, then CJ Corona being the real owner should have declared it in his SALN.

 2. If CJ Corona advanced all the payments for the benefit of Charina, then they should have been reflected in his SALNs in 2006, 2007 and 2008 by decreasing his CASH Account and increasing his Accounts Receivables.

3. FOR SURE, based on Timeline Nos. 1-5 when Charina Corona had not yet come into the picture, CJ Corona and wife, no doubt, had ownership rights to the property. They put a down payment of P200, 000. This should have established a Prepaid Asset Account of P200, 000, and correspondingly decreased his Cash Account for the same amount. His next payment of P494, 016.40 and his monthly installments of P57, 834.70 should also have increased the Prepaid Asset Account by said amounts and decreased his Cash Account for the same amounts accordingly. This means that these entries should have been reflected in his SALN of 2006.

Failure to include the McKinley property under any of the above scenarios in the SALN of CJ Corona would still be tantamount to culpable violation of the Constitution and betrayal of public trust.