Aleli is not the next of kin of Iggy Arroyo

Negros Occidental Representative Ignacio “Iggy” Arroyo died on January 26, 2012 in London after battling his liver cancer. As many believe, Iggy Arroyo is now resting in peace. However, the word “Peace” and its meaning is not yet there between the two women that Iggy left behind. The two women are Grace Ibuna who was his common-law wife, and Alicia Rita “Aleli” Morales Arroyo who was his strange (but still considered legal wife) wife.

On February 1, Aleli along with her lawyer, Lorna Kapunan went to London to claim the remains of Iggy and she would then bring them here in the Philippines for a proper burial. However, she went home and arrived here on Saturday without the remains of Iggy Arroyo. In front of the Press, she accused Grace for misrepresenting here as the next of kin of the congressman. Despite that Aleli and his lawyer were bringing documents that would certify that Aleli is still the legal wife, but then the Funeral Parlor did not recognize Aleli as the next of kin but only Grace.

I understand that the Philippines and the UK are different countries with different law makers. And I also understand that some laws in the Philippines are just copies of the laws of the UK, considering that UK is one of the oldest kingdom in the world wherein US was one of the nations under their empire.

And I really think that the Funeral Parlor was just doing their job according to the laws and rules of the United Kingdom, particularly in London.

In the news article of the ABS-CBNNews.com, several commenters are throwing the blame on Aleli why she failed to claim the remains of Iggy. The commenters said:

1. The United Kingdom has no LEGAL defination of the next of Kin and whoever Iggy nominated as to his next of kin and accepted the nomination will be his next of Kin and since Grace Ibuna represented herself as the nominated next of Kin, she is Iggy’s next of Kin, until the court of the UK rules otherwise…Attorney Kapunan, you should have known this matter before you open your trap. (Comment by Josh)
2. Di mo man lang dinalaw noong nabubuhay pa, ni isa sa inyo diyan sa Pinas di man lang dumalaw. Ngayon patay na, ikaw pa nauna nagpa-interview. Kung talagang concern ka, dapat pumarito ka noong buhay pa siya, di yung pupunta ka rito patay na with matching tv coverage. Next of Kin is appointed by the patient sa hospital registration documents. (Comment by Angel68)
3. UK & EU law applies. Dumating kayo dito ni hindi kayo nagbasa ng law dito. International Repercussion? Pakiramdam mo ikaw ang queen of the Philippines? Sisirain mo pa ang good relationship naming mga Pinoy dito. Pasalamatan mo si Grace at siya ang nag-alaga kay Iggy, di yung tinatakot mo pa ng kaso. Kung siya sinulat at declared na next of kin, wala kang magagawa kasi legally binding iyan. (Comment by Angel68)
4. Aleli blame yourself what happened for using a lawyer in issuing annoying words to Iggy’s Common-law-wife. If you have done it more in a very low profile and diplomatic approach things would have gone better for the interest of all parties. Since you already left UK without Iggy’s remains, to eventually expect Grace Ibuna and Bianca now to retract the order given to the Solicitor they hired in U.K. Remember your were in UK and EU even for Common-Law-Wife the rule of law will apply to everybody. Not like in PH nothing will be done specially for Pnoy KKK’s mafia group. Anyway, be happy pretty soon Grace/Bianca will do the show as they will be the one to accompany and bring home the remains to PH, and personally turn over Iggy’s remains intact to FG. May he rest in peace in the feet of the Almighty. (Comment by Pinay Falling Down)
5. I think the legal wife is out of line. London authorities are not stupid. They would not act without legal documentations. It is so obvious Iggy signed instructions before he died and the legal wife cannot opposed that. Grace Ibuna did the right thing…. shutting her mouth and did it the legal way. (Comment by Unicorn7)

I don’t know the laws of UK governing this situation but, I am sure that the UK law sided with Grace Ibuna not Bianca, Iggy’s daughter with the first wife, and not even with Aleli who in the Philippines is the legal wife.

In PhilStar news article, we can read comments like the ones listed below on why Aleli is not recognized by the Funeral Parlor as the next of kin despites the fact that he is the legal wife in the Philippines:

1. For those not familiar with the English system, the policy in most NHS trust is to ask the patient to nominate the “next of kin” on admission to the hospital. Despite the widespread use of the term “next of kin”, this is not defined by law and it could mean anyone.There are no rules who are the next of kin. This means that when the patient dies, the nominated next of kin of the patient would be consulted by the hospital concerning funeral arrangements and hospital post mortem. Furthermore, the next of kin has no legal liabilities under English law. This is the major reason why the funeral parlor will only heed Grace Ibuna as she is the next of kin. Contrary to Philippine law, there is no such thing as ” common law wife” in the UK. As far as the law is concerned, there hasn’t existed common law marriage since 1753. The law recognise civil partnership. I hope this puts to rest all the speculations and misinformations that have been coming out . (Comment by Edna Murray)
2. Lawyer Kapunan must realize that the UK court will finally has to decide the case and not the Funeral Parlour…and if it follows its Common Law tradition, chances is, it might even recognize Grace as the common law wife of Iggy at the time of his death, as it may consider him divorced to his second wife and his First. the Best Course the “legal” wife could have done was to settle amicably with Ms Ibunan instead of outright telling the world that she was incognito in the matter of the man she was last known to care of. (Comment by Bibs)
3. Contrary to what Ms. Kapunan believed, it is not the responsibility of the Funeral Parlour to check if the marriage has been annulled. They are not judges or prosecutors. The responsibility of the Funeral Parlour is only to carry out the terms of the contract between the client and the funeral parlour. If Ms.Kapunan and the 2nd wife of Iggy Arroyo want to exercise authorithy over the remains, they should file a case in the UK court.On the basis of the court order, the funeral parlor would then release the body. As far as the funeral parlour is concerned, they only deal with the client who contracted them. The funeral parlour would not have heeded the solicitor’s advice if the latter was not able to offer any evidence of guardianship. Even if the Philippine embassy provides proof that the 2nd wife is the legal wife, this does not mean much except when the case goes before the court. The judge will weigh all evidences including the background and circumstances of the case. Were the couple separated? Was there a pending divorce or application for dissolution of marrriage? Who was the guardian at the time of death? The judge will look at the intent of the parties. Venue is the UK court and the applicable law is English law. (Comment by Edna Murray)

After the President’s ex-girlfriend, Shalani Soledad, got married already, P-Noy shows to the Filipinos that he is now moving on. Si Grace Lee na nga ba?

1. Grace Lee and P-Noy meet for the first time in Cebu last year. As he delivered his speech, he said Lee is beautiful.
2. Grace Lee and the President both admitted Wednesday February 1, 2012 that they are dating.
3. They both showed up during the 112^th anniversary party of the Manila Bulletin, Thursday February 2, 2012 night. P-Noy as a guest speaker while Grace Lee writes a column at the Manila Bulletin Entertainment. The two exited the party together.

The prosecution panel of the Impeachment trial of the Chief Justice, Renato Corona, said according to a report that they will  subpoena an alleged secret US dollar account of the Chief Justice at the PSBank. It said that the prosecution found out that Corona and his family has a secret Dollar account at the said bank.

A source in the prosecution said they had uncovered one account that had an initial deposit of US$700,000 (around P31 million based on current exchange rate) in October 31, 2008.

The source said another alleged secret account in PSBank is in the name of Corona’s daughter, Carla, and her husband, with Corona as the sole signatory.

These assets have not been declared in Corona’s Statement of Assets, Liabilities and Net worth, the source said.

Just wondering:

1. How did the learn that the Coronas have secret Dollar accounts? How come it is secret if they knew about about?
2. I just don’t understand the “Bank Secrecy Law”. They said the law is existing but seems not existing.

Prosecution Witness Favored the Accused

Yesterday’s Impeachment Trial is unusual for me. It’s my first time, actually, to witness a trial wherein the prosecutors’ witness is testifying in favor of the accused.

I really thought that the official of the Megaworld Corporation who was called by the prosecution panel to witness against Corona was really bringing documents and testimonies that would push Corona down. But that was not the case. Instead, the witness was telling not just the impeachment court but all who are following the impeachment trial that there was nothing wrong with the 40 percent discount that Corona got when he bought a condo unit in Pellagio tower in Taguig City. And even if Corona received such a big discount in 2008, still he voted against the Megaworld Corporation in a case brought into the Supreme Court in 2009.

On November 27, 2011, Marissa Lapid was arrested upon arrival at the Las Vegas International Airport by the US custom for carrying $50,000 which was a violation to the US travel regulation. This law that Marissa had violated allows foreigner in entering the US carrying cash of up to $10,000 only without declaring it. If carrying more than the said amount, the person should declare the money.

The money was confiscated but she was not detained..

But who Marissa Lapid is?

Marissa Lapid is actually the wife of Senator Lito Lapid and the mother of 5. Mark Lapid is the youngest among the children. She owns MTL Enterprises that runs the Walmart Construction Supply, Maynards’ Agri Farm Supply, Barstow Minimart, Generics Pharmacy and Porac Ice Plant.

January 2012 Arrest

On January 15, 2012, she was again arrested by the US authorities after arriving at the Las Vegas International Airport. This recent arrest is not related to a new violation she committed but connected to the warrant of arrest issued by the US court against her on January 5 for smuggling money, $50,000, into the US on November 2011.

She was currently out of bail but is wearing the monitoring bracelet as required by the Nevada court. She was also told to stay at home.

The Political Issue

It was reported that Marissa Lapid said repeatedly that the money she brought on November 2011 to the US is for their house. On the other hand, the husband and Senator, Lito Lapid, said that the money is for the treatment of the illness her wife is suffering which is similar to the illness of the former President Gloria Macapagal-Arroyo.

My thought: If Marissa Lapid is telling the truth that the money she smuggled to US is for their house, then the Senator Lito Lapid is telling us lies using the illness like the one suffered by the former President as an alibi.

It might be too early to bid good bye to Congressman Iggy Arroyo because according to his family, he is still alive but is just brain-dead.

But, for me, a brain-dead man is already dead. It just happens that he and his family is wealthy and they can afford to pay for the life support system that helps the other organs of a brain-dead man alive. Besides, I don’t hear someone who is already brain dead yet survived? If you knew one, just tell me.

Now, why I consider a brain-dead man a dead already? It’s because I haven’t learned of a doctor who can replace a dead brain with a new and functioning brain, thus making the brain-dead man really alive. Iit is better if you are considered heart-dead and in life-support while your other organs are alive because you can still wear an artificial heart that will help your whole system alive, than having a dead brain.

On Thursday, the life support attached to the body of the Congressman Iggy was removed by the hospital personnel as authorized by the common-law wife of the Congressman, Grace Ibuna.

Grace Ibuna was with the Congressman for about 4 months while he underwent medical treatment of his liver illness.

About Congressman Iggy Arroyo

Iggy Arroyo born as Ignacio Arroyo is the representative of the 5^th district of Negros Occidental. He is the brother of former First Gentleman Mike Arroyo (Jose Miguel Arroyo).

He was married to Marilyn Jacinto whom they had children named, Bianca and Dina. Their marriage however was annulled. He also has a daughter, Alelu, with his legal wife is Alicia “Aleli” Morales-Arroyo. The two separated in 2006. His common-law wife, Grace Ibuna, is the one on its bedside when he died.

Liver Ailment

He flew to London for the medical treatment of his liver ailment. Last Wednesday, his brother, Mike, announced that he died in London hospital of Cardiac Arrest. But later, it was corrected saying that the congressman is still in life support because he is already brain-dead. But he is not yet declared by doctors as dead.

The Director of National Bureau of Investigation, Magtanggol Gatdula, has been relieved from his post by the president, Benigno “Noynoy” Aquino III for alleged involvement in the illegal detention and extortion of Noriyo Ohara by the NBI officers and the cover-up based on the testimony of one of the NBI official implicated in the case.

However, according to the DOJ Undersecretary, Francisco Baraan, Director Gatdula has no participation based on their finding.

“But the President [Benigno Aquino III] has read our recommendation. He can remove any official who are serving at his pleasure with or without cause even Director Gatdula has no participation based on our findings,” Baraan said. (Inquirer.net)

However, the panel recommended to the President that Director Gatdula be included on the administrative investigation for kidnapping and serious illegal detention.

DOJ Undersecretary Francisco Baraan III headed the Fact Finding Committee formed by the DOJ investigating the NBI personnel involved in kidnapping and extortion of a Japanese Noriyo Ohara.

Sacking from the Post

Magtanggol Gatdula was on voluntary leave of absence since last year and was ordered by the Philippine President, Benigno Aquino II, removed as director of the National Bureau of Investigation or NBI. Part of the letter of the President to Gatdula says:

This is to inform you that your appointment as director of the NBI is hereby terminated effective this date…

About the Kidnapping and Extortion

The Japanese, Noriyo Ohara (32), entered the Philippines illegally because the organization of criminals in Japan who allegedly responsible of the death of her father is also after her for inheriting large amount of money from her father.

The NBI arrested Noriyo Ohara on October 29. The family where the Japanese stayed here in the Philippines accused the NBI for extorting them PhP6 million in exchange of her release and for not deporting her back to Japan.

Special Investigator Jose Odellon Cabillan, executive officer of the NBI security and management division, claimed that Gatdula has personal knowledge of the crime and cover-up.

Case and Charges

Others who are implicated in the case are:

1. Mario Garcia, NBI Security Management Division chief
2. Chona Ellen Esplana, NBI asset
3. Virgelito Gutierrez alias Labsky, NBI asset
4. Raul Dimaano, Gatdula’s special assistant
5. Jose Odelon Cabillan, Special Investigator
6. 12 security volunteers

These people except Magtanggol Gatdula are the ones to be placed under the preliminary investigation to be made by the prosecutor and to be charged with kidnapping, illegal detention and extortion, as directed by the DOJ Secreatary De Lima based on the January 20, 2012 DOJ Memorandum.

The DOJ Secretary ordered the DOJ panel to review and reassess the exact criminal liability of Magtanggol Gatdula in order to determine whether or not he has a direct knowledge or merely an accessory.

The recommendation of the panel was also submitted to the Ombudsman to file administrative charges particularly to Magtanggol Gatdula, Mario Garcia, and Jose Odelon Cabillan. They were all recommended to be charged with grave misconduct and conduct prejudicial to the best interest of the service.

Those who have been cleared are:

1. Rickson Chiong, NBI Deputy Director
2. Medardo de Lemos, Assistant Director

The Impeachment Trial of current Chief Justice of the Supreme Court Renato Corona.

• Day 1 – Impeachment Trial
• Day 2 - Impeachment Trial
• Day 3 - Impeachment Trial
• Day 4 - Impeachment Trial
• Day 5 - Impeachment Trial
• Day 6 - Impeachment Trial
• Day 7 - Impeachment Trial
• Day 8 - Impeachment Trial
• Day 9 – Impeachment Trial
• Day 10 – Impeachment Trial
• Day 11 – Impeachment Trial

Current Supreme Court Chief Justice Renato Corona has been impeached by the House of the Representative accusing him of betraying the Public Trust, committing Culpable Violation of the Constitution and Graft and Corruption.

The articles of impeachment are the following:

Article 1 of the Impeachment:  Renato Corona betrayed the Public Trust through his track record marked by partiality and subservience in cases involving the Arroyo Administration from the time of his appointment as Supreme Court Justice and until his dubious appointment as a midnight chief justice to the present.

Article 2 of the Impeachment: Renato Corona committed culpable violation of the constitution and or betrayed the Public Trust when he failed to disclose to the public his statement of assets, liabilities, and net worth as required under Sec. 17, Art. XI of the 1987 Constitution.

Article 3 of the Impeachment: Renato Corona committed culpable violations of the constitution and betrayed the public trust by failing to meet and observe the stringent standards under Art. VIII, Section 7 (3) of the Constitution that provides that “[A} Member of the Judiciary must be a person of proven competence, integrity, probity, and independence” in allowing the Supreme Court to act on mere letters filed by a counsel which caused the issuance of flop-flopping decisions in final and executor cases; in creating an excessive entanglement with Mrs. Arroyo through her appointment of his wife to office; and in discussing with litigants regarding cases pending before the Supreme Court.

Article 4 of the Impeachment: Renato Corona betrayed the public trust and or committed culpable violation of the constitution when he blatangly disregarded the principle of separation of powers by issuing a “Status Quo Ante” order against the House of Representatives in the case concerning the impeachment of then Ombudsman Merceditas Navarro – Gutierrez.

Article 5 of the Impeachment: Renato Corona betrayed the Public Trust through wanton arbitrariness and partiality in consistently disregarding the Principle of Res Judicata in the cases involving the 16 newly-created cities, and the promotion of Dinagat Island into a province.

Article 6 of the Impeachment: Renato Corona betrayed the public trust by arrogating unto himself, and to a committee he created, the authority and jurisdiction to improperly investigate a justice of the Supreme Court for the purpose of exculpating him. Such authority and jurisdiction is properly reposed by the Constitution in the House of Representatives via impeachment.

Article 7 of the Impeachment: Respondent betrayed the public trust through his partiality in granting a temporary restraining order (TRO) in favor of former President Gloria Macapagal-Arroyo and her husband Jose Miguel Arroyo in order to give them an opportunity to escape prosecution and to frustrate the ends of justice, and in distorting the Supreme Court decision on the effectivity of the TRO in view of a clear failure to comply with the conditions of the Supreme Court’s own TRO.

Article 8 of the Impeachment: Renato Corona betrayed the Public Trust and or committed graft and corruption when he failed and refused to account for the Judiciary Development Fund (JDF) and Special Allowance for the Judiciary (SAJ) collections.

The impeachment trial in the Senate started on Monday, January 16, 2012.

Day 1 – January 16, 2012 Impeachment Trial

Day 2 – January 17, 2012 Impeachment Trial

Day 3 – January 18, 2012 Impeachment Trial

Enriqueta Esguerra-Vidal who is the clerk of court of the Supreme Court was called in as the first witness for the prosecution. She was told to surrender the SALNs (statements of assets, liabilities and net worth) from 2002 to 2010 of the Chief Justice to the impeachment court.  At first, Vidal tried to beg the court citing Supreme Court en banc’s May 2, 1989 resolution which prohibit the public disclosure of the SALN of judges and justices.

But in the end, she was forced to turn over Corona’s SALN’s inside a brown envelope to the impeachment court. The prosecution panels received the documents and started to read them, but the Senator Sotto called their attention that the documents should be surrendered to the impeachment court not to the prosecutors. Then the documents are marked as evidence by the court.

Later, Marianito Dimaandal, records custodian of the Office of the President was called. He brought with him the certified copies of the SALN’s of Corona from 1992 to 2002 when Corona was still an Associate Justice of the Supreme Court.

Note:

The networth of Corona per year according to the SALNs as reported by the Inquirer:

• 2002 – P14.96 million
• 2003 – P7.359 million
• 2004 – P7.359 million
• 2005 – P8.359 million
• 2006 – P9.559 million
• 2007 – P11.059 million
• 2008 – P12.559 million
• 2009 – P14.559 million
• 2010 – P22.938 million

The properties included in the 2010 SALN are:

1. Apartment Unit at the Bellagio Tower in Taguig City
2. Apartment Unit at the Bonifacio Ridge in Taguig City
3. The Columns in Makati City
4. Burgundy Plaza in Quezon City
5. a house and lot in La Vista Subdivision in Quezon City

Day 4 – January 19, 2012 Impeachment Trial

Taguig-Pateros Register of Deeds Randy Rutaquio was called as the third witness for the prosecution panel. During the process of direct examination, Randy Rutaquio gave the certificate of title of the 330-square meter condominium unit in “The Bellagio Tower” in Taguig which is under the name of the Chief Justice and his wife Cristina. The said unit with 3 parking lots is valued at PhP14.6 million. Another document that Rutauio surrendered to the impeachment court is the deed of sale on the property sold by Megaworld Corporation to the Chief Justice and then the Chief Justice sold it to his daughter Ma. Charina Corona.

The impeachment judges were confused regarding the Article II of the impeachment since it has 3 acts contained with it such as:

1. Corona failed to file his SALNs
2. Corona did not include all his assets in his SALNs
3. Corona amassed ill-gotten wealth

The Senator Judge Francis Escudero said that each article of impeachment must accuse Corona of single act not three. Both panels, prosecution and defense, were told to submit legal memoranda to clarify the charges on the Article II.

The BIR chief Kim Henares who should be the next witness had been excused by the Presiding officer because she failed to bring the income tax returns of Corona. But she was ordered to return in the trial on Tuesday bringing with her the needed documents.

Acting Quezon City Register of Deeds Carlo Alcantara was called as the fourth witness for the prosecution panel. During the direct examination, Carlo Alcantara revealed that the Burgandy property of Corona was sold by his wife, Cristina, to their daughter, Carla Corona-Castillo while the Chief Justice, served as the attorney-in-fact. However, the defense panel called the titles that are not of the Chief Justice name as immaterial and impertinent. The cross examination of Alcantara will continue next week.

The fifth witness being called was Marikina Register of Deeds Sedfrey Garcia. But he was told to return on Tuesday for his testimony.

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Day 5 – January 24, 2012 Impeachment Trial

The Impeachment Court made clear as agreed by the prosecution panel that Chief Justice Renato Corona is presumed innocent until proven guilty by the impeachment trial.

Both panels were told to submit the list of the witnesses that they will present during the entire trial.

Both panels were reminded that the Impeachment Court asked them to submit the memoranda regarding the Article 2. The prosecution panel asked the Senator Judges to give them time while the defense panel submitted their own memorandum and was allowed to explain it.

The presiding officer give the prosecution panel a deadline of submitting the memorandum until 10AM Wednesday.

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Day 6 – January 25, 2012 Impeachment Trial

The Chief of the Bureau of Internal Revenue, Kim Jacinto-Henares, was called to be an expert witness who testified about the authenticity of the tax record of the Chief Justice, but not to testify on the veracity of the tax records.

Senator Miriam Defensor-Santiago, explained the difference between the ordinary witness and the expert witness. The expert witness can be asked hypothetical questions, while the ordinary witness will testify only on what she knows.

Santiago, further, explained that Henares as the BIR Commissioner cannot be examined direct or indirect on whether the allegations in the income tax returns are true, rather, she can prove that the documents brought as evidence in the impeachment trial are the same documents being filed at the BIR.

During the direct examination and questioning made by the Senator Judge, Henares, revealed that Corona did not file Income Tax Return from 2002 to 2010, but Corona is one of those listed in the so called, “Alpha List” of tax payers. The said list contains the gross income of Corona and the tax withheld which follows:

• 2006 – Corona’s income was PhP 465,000, while the tax withheld is not yet available.
• 2007 – Corona’s gross income was PhP 488,156 and PhP 117,399 tax withheld.
• 2008 – Corona’s gross income was PhP 606,388 and PhP 154,057 tax withheld.
• 2009 – Corona’s gross income was PhP 621,528 and PhP 155,556 tax withheld.
• 2010 – Corona’s gross income was PhP 657,755 and  PhP 176,577 tax withheld.

While the wife of the Chief Justice, Cristina Corona, became a registered tax payer only in 2003 during the sale of their La Vista property. She was also included on the Alpha List only in 2007 when she became an official of the Camp John Hay Corporation.

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Day 7 – January 26, 2012 Impeachment Trial

During this trial, the prosecution panel verified that the Chief Justice Renato Corona was charged under the Anti-Graft and Corrupt Practices Act.

Senator Miriam Defensor- Santiago explained that accusing Corona under the Anti-Graft and Corrupt Practices Act is irrelevant to the Section II of the Articles of Impeachment which accuses Corona of failure to disclose his Statements of Assets, Liabilities, and Networth (SALN).

Regarding the documents showed in national televisions, both the prosecution and the defense panels denied of releasing documents to the media, except the documents on the Bellagio properties of Corona which the prosecution panel admitted of releasing to the media. The presiding officers warned both the panels not to release documents that should be presented as evidence of the impeachment, especially those confidential ones.

During the examination of the BIR Chief, Kim Henares, the Impeachment court were discussing about the ITRs of the children of Renato Corona, particularly Maria Carla Corona – Castillo and Maria Charina.

It was noted that Maria Carla Corona – Castillio bought a property from her parents. The BIR chief revealed that the La Vista property bought by Carla at the amount of PhP 18 million while her ITR filed in 2009 showed that her monthly income is only PhP8,476.00. Charina on the other hand has never filed an ITR but she was a tax payer once during the sale of the McKinley Hills lot.

It was admitted by the BIR Chief during the direct examination that she was given authority by the President to divulge the information of the ITRs of the Chief Justice, his wife, their children and the spouses of their children.

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Day 8 – January 30, 2012 Impeachment Trial

During the impeachment trial on Monday, the Prosecution Panel called in the Megaworld Corporation Finance Director Giovanni Ng to testify as witness for the Article II of the Impeachment Trial which “failure to disclose SALN showing anomalies in the purchase of a Bellagio apartment unit and also of a property in the McKinlley Hills subdivision.

Bellagio Apartment Unit

During the direct and cross examinations, Giovanni Ng presented the deed of absolute sale which shows that the Chief Justice Renato Corona bought a 303 square meter Bellagio apartment unit for only P14.5 million on December 16, 2009, with the official receipts dated:

1. April 20, 2009 – P5 million
2. October  16, 2009 – P4.5 million
3. October 17, 2009 – P5 million

Ng estimated the 2008 selling price of the Bellagio penthouse at P78,000 to P80,000 per square meter, thus revealing that the Chief Justice received a 40 percent or P10 million discount when he purchased the apartment unit. He, however, explained that the 15 to 20 percent discount is given to buyers who opted to pay a unit in short term payment. But in the case of Corona’s purchase, he got the discount due to the defect of the unit. Instead of selling the unit on its selling price the cost of repair has been given to the buyer as discount.

It was also noted that the property is named after the Chief Justice Corona’s daughter, Charina but the receipts and other documents are of the Chief Justice.

It was also revealed that the witness had not seen the Bellagio unit. Then, presiding officer, Senator Juan Ponce Enrile clarified that Giovanni Ng should not be told to testify the purchase and discount issue because he is a Finance Director not the Marketing official.

McKinlley Hills Property

Giovanni Ng presented to the Impeachment Court the deed of absolute sale for the P6.1-million McKinley Hill property under the name of the Chief Justice’s daughter, Ma. Charina and the official receipts which are all in the name of couple Renato Corona and Cristina.

The hand written letter dated September 8, 2008 given to the Megaworld after the property had been fully paid shows that the couple requested the developer to give the property the name of their daughter Charina.

It was, however, revealed that official receipts may indicate the buyer of the assignee.

Other Documents

Constante Caluya Jr, the Register of Deeds of Makati City presented the documents of the purchase of a one-bedroom unit at “The Columns” in Makati City made by the Chief Justice. The co unit was purchased on October 1, 2004 for P3.5 million.

Aniceto Bisnar Jr. of Ayala Land presented the deed of absolute sale for the P9.15-million unit at the Spanish Bay Tower, Bonifacio Ridge, Taguig City.

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Day 9 – January 31, 2012 Impeachment Trial

The prosecution panel brought Noli Hernandez, Senior Vice President for Marketing of Megaworld Coroporation, as a witness. The talk is still about the Bellagio Penthouse purchased by the Chief Justice, Renato Corona in 2008.

During the direct and cross examination, Hernandez revealed that the price of the penthouse is P24 million. But it was reduced to P19.6 million because of its damage caused by water during a typhoon.  And since the couple, Renato Corona and wife, Cristina paid the property in a shorter term, the couple got a discount of P3 million. It was revealed that 15 to 20 percent discount is a standard if paid in shorter term.

The Senator Judges asked Hernandez of proof of the damage of the penthouse bought by Corona. He is also told to submit the building engineer’s report on the damage.

It was also revealed that Hernandez did not know that it was the Chief Justice who purchased the condo unit and that the Megaworld earned a little profit from the sale.

With regards to cases of Megaworld pending in the Supreme Court, Hernandez said that he only knew two cases where Corona voted against Megaworld Corporation: First in 2007 and then in 2009. It was noted that the Corona family bought a property from Megaworld Corporation in 2006 and then another one which is in the Bellagio tower in 2008.

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Day 10 – February 1 , 2012 Impeachment Trial

P11 million loan from BGEI.

Director Benito Cataran of the Securities & Exchange Commission (SEC) Company Registration & Regulatory Department was called as the witness to testify on the P11 million loan of the Chief Justice from his wife’s company in 2003. The loan was declared on his SALN in 2004 to 2009.

The witness presented the Articles of Incorporation of Basa Guidote Enterprises, Inc. (BGEI), the company owned by Cristina Corona, the wife of the Chief Justice. The BGEI was registered with the SEC since May 30, 1961. It was noted that CJ Renato Corona and his wife are not shareholders of the company.

He also revealed that BGEI’s Articles of Incorporation was revoked by the SEC for its failure to the General Information Sheets from 1991 to 1997 and also the Financial Statements from 2000 to 2003. These are required by the Corporation Code. He said that as the Articles of Incorporation was revoked by the SEC, the company is considered dissolved, thus it can’t operate anymore as to lending money.

However, the Presiding Officer clarified that when a company of which its Articles of Incorporation has been revoked by the SEC doesn’t mean that it is already dissolved immediately. He said that the SEC can revoke the license but the dissolution of the company lies on the stockholders.

The prosecution explained that what they are trying to prove is that the P11 million loan of the Chief Justice is fictitious.

However, the Senator Judges, Allan Cayetano and Edgardo Angara clarified that a company under the process of dissolution can still lend money. Thus said, that the testimony of Cataran is irrelevant.

Benito Cataran even admitted during the cross examination that he has no first-hand information about the company, the transaction and the loan. Defense Panel through Cuevas presented a check amounting to P34,703,800. He asked the witness about it which is supposedly the payment to Cristina on behalf of BGEI after the properties of the company were expropriated, but then he admitted that he is not aware of the transaction.

P3 million condo unit from Ayala Land

The Assistant Vice President of the Ayala Land, Nerissa Josef, was called to testify regarding the P3 million condo unit bought by the Chief Justice from the Ayala Land. The condo unit 31-B of The Columns is a 48-square meter condominium unit in Makati City. The witness said that the Chief Justice made 3 instalment payments in just one year and the Ayala Land issued the Deed of Sale dated October 1, 2004 to Corona.

The prosecution explained that when the Absolute Deed of Sale has been executed, the property should be included on the SALN. He said that the property should be included in Corona’s SALNs from 2004 to 2009. But Corona included it only in 2010.

The defense panel presented a handwritten letter of the wife of Corona, then asked the witness if he has the knowledge about the complaint of the buyer regarding the undersized wires and damaged windows. The witness answered “no”. Cuevas also said that the buyer refused to accept the property due to damages.

The senator judges then asked the prosecution and the defense to submit memorandum about when to include the property into the SALN: right after the Deed of Sale was executed or after the property was turned over to the buyer.

The witness revealed that Corona took control of the unit in 2008.

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Day 11 – February 2, 2012

Quezon City Properties

Carlo Alcantara of the Quezon City Register of Deeds was the witness. He presented to the impeachment court the Transfer Certificate of Title of the P15 million lot property named after the daughter of the Chief Justice and her husband. He also presented the Certificate of Registration of the following:

• 1 condo unit at Burgundy Condominium
• 1 lot property at the Ayala Heights
• 1 lot property at La Vista
• 2 properties at Xavierville Subdivision

The prosecution panel made clear that Corona failed to declare on his SALN the value of the properties from 2002 to 2011.

The defense panel however explained that Corona is allowed to make corrections to inaccuracies made in the SALNs provided that they are not intentional. He cited the Rule 7 on public disclosure in the Rules of the Civil Service Commission.

The prosecution also cited the Supreme Court ruling that false entries in a SALN filed under oath is perjury. The prosecution however admitted that perjury crime is not impeachable offense.

Marikina Properties

Marikina Register of Deeds officer, Sedfrey Garcia revealed that Corona’s 7 lot properties in Marikina were already sold to a new owner. It was however noted that the TCT’s of the properties are still under Corona’s name.

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Blackout Wikipedia, January 2012 Protest over SOPA and PIPA

On Wednesday, the English version of the Wikipedia website will be having a blackout. It will be offline for 24 hours. This is part of the webmasters protests on the anti-piracy bills in the US, the Stop Online Piracy Act or SOPA and PIPA Protect Intellectual Property Act (PIPA), which are still being debated in the congress.

Wikipedia plans to take its English-language site offline on Wednesday as part of protests against proposed anti-piracy laws in the US.

The Wikipedia founder, Jimmy Wales, argued that the opposition to the SOPA and the PIPA doesn’t mean that they are defending the piracy and they want to enable piracy. This is what the proponents of the SOPA have accused those who oppose the bill. “The point is the bill is so over broad and so badly written that it’s going to impact all kinds of things that, you know, don’t have anything to do with stopping piracy,” Wales said.

Reddit and Boing Boing will participate too to the “blackout”.

About SOPA and PIPA

SOPA from the House of Representative and PIPA from the Senate are both bills being passed in the US congress.

1. Both bills are designed to block access to sites containing unauthorised copyrighted material.
2. Content owners and the US government will be given the authority to request court orders to shut down websites engaged in piracy.
3. Advertisers, payment processors, and internet service providers, will not be allowed from doing business with infringers based overseas.
4. SOPA requires search engines to remove foreign infringing sites from their results. This provision is not included in PIPA.
5. Websites will not be allowed to contain information on how to access those blocked websites.
6. The technique called, “Domain Name System or DNS Blocking” will be used in blocking a website. This technique is actually the suggestion made by the owner of GoDaddy to the legislators which was the cause why the “Boycott GoDaddy” was carried out by GoDaddy’s clients.

About the Wikipedia

Wikipedia is an online encyclopedia which allow its users to contribute and edit entries.

Protest Day

Google joined the protest by censoring its logo on the homepage. It also posted a blogpost:

Because we think there’s a good way forward that doesn’t cause collateral damage to the web, we’re joining Wikipedia, Twitter, Tumblr, Reddit, Mozilla and other Internet companies in speaking out against SOPA and PIPA.  (source: Google Official Blog)

Google is also inviting everyone to sign a petition against the SOPA and PIPA.

$100K Stolen by the Garcia Sons, Returned by the US to the Philippines

The government of the United States of America, through the US Ambassador to the Philippines, Harry Thomas Jr, handed the check amounting to $100,000 to the Ombudsman, Conchita Carpio-Morales, Thursday January 12, 2012, in Quezon City in the presence of US Department of Justice (DOJ) attaché Robert Courtney III, deputy attaché Eric McLoughlin and US resident legal adviser Robert Strang. The money was seized from the sons of the former military comptroller Maj. Gen. Carlos F. Garcia (retired) as they tried to smuggle the money to the United States. And based on the November 2010 decision of Senior US District Judge Marilyn Hall Patel of the Northern District Court of California, it was ordered that the money would be forfeited for the Philippine government.

The two Garcia’s, Juan Paulo, 30, of Pontiac, Michigan and Ian Carl Garcia , 33, of Las Vegas were arrested at the San Francisco International Airport in December 2003 when they arrived from Manila with the undeclared money amounting $100,000 or about P43 million. They were charged by the US custom of failing to file a report on the import of monetary instruments and making a false statement to a government agency, of which the 2 brothers pleaded guilty.

The return of the money, however, is the result of the request made by former ombudsman Merceditas Gutierrez through the Mutual Legal Assistance Treaty between the two countries. In the letter sent in 2010 by the former Ombudsman, she explained that the money seized by the US authorities is part of the ill-gotten wealth of the Garcia’s which is being pursued by the Philippine government.

The arrest of the Garcia siblings leads to the investigation of their father.

On Wednesday, Senator Ramong “Bong” Revilla Jr. criticized the DBM (Department of Budget and Management) report which contains erroneous facts regarding the senator’s priority development assistance funds.

On Tuesday’s published report at the DBM’s website, it was stated that Senator Revilla Jr spent PhP 115 million in purchasing 529 multicab for his home province, Cavite. And it was also stated that the total priority development assistance funds received by the senator is PhP 210 million last year, 2011.

According to the senator, his office acquired 23 multicabs only which amounted to PhP 5 million. He also explained that the data was simply entered 23 times that is why the reported number of multicabs bought was 529 which amounted to PhP115 million.

The DBM, however, quickly asked apology for the error in the report. The report was then corrected and the amount appropriated to his office as reflected in the corrected report is PhP100 million only.

Are there any corruption in the spent funds for the multicabs?

I quickly pressed my calculator and I found out that each of the multicab that the senator bought has a price, PhP 217, 391. 30. Here in Maasin City, a Suzuki Carry which is known as multicab minivan has a price of PhP 217.000.00. The pick-up type of suzuki has a range of price from PhP 130, 000. 00 to PhP 200, 000. 00 depending on the accessories attached to it and the modification made.

But, his office bought 23 multicabs. We just don’t know what multicab are these, whether a minivan, double cab, or the pick-up type.

Usually, if you bought more than one unit, you get a discount on the price of each of the unit you bought, or just a percentage of the total amount of the units you bought.

So, it’s up to you to guess, whether there has over pricing in acquiring the multicabs.