On the offensive
Talks of meeting Aquino on TruthCom
By Evangeline de Vera,Malaya
Chief Justice Renato Corona yesterday accused a senator-judge in the impeachment trial of lobbying for a term-sharing agreement between him and Supreme Court Associate Justice Antonio Carpio.
On Day 2 of his media blitz, Corona said Sen. Teofisto Guingona III called him up sometime in March 2011 to propose that he retire early so that Carpio could take over, being the next most senior magistrate in the high court.
Corona also talked of a lunch meeting with President Aquino sometime in July 2010, or shortly after the President was sworn into office by retired Justice Conchita Carpio Morales.
During the meeting, Corona said, Aquino asked for his opinion in creating the Truth Commission that would have made former president Gloria Arroyo accountable for irregularities in her nine-year administration.
Guingona and Malacañang denied Corona’s claims. Guingona said he and Corona lunched at his father’s but it was purely social. Presidential spokesman Edwin Lacierda confirmed the meeting, but said the matter of the Truth Commission was never taken up.
Last Wednesday, Corona appeared in GMA-7’s morning show, the first time since the impeachment trial started in January and a few days before the defense team starts its presentation of witnesses and evidence before the Senate sitting as an impeachment court. On the same day, he gave interviews with radio programs in the same network, and those of ABC-5 and ABS-CBN. He answered allegations contained in the Articles of Impeachment against him.
Senator-judges downplayed Corona’s media blitz.
Senate President Juan Ponce Enrile said details divulged by Corona in the interviews will not be considered as evidence by the impeachment court.
“Maski sabihin niya ng sampung beses, we will not take that as evidence until it is presented under oath to the court,” he said.
If Corona talks on the merits of the case, “that is his prerogative,” Enrile also said.
Enrile and Guingona expressed belief the impeachment court could not gag Corona.
“That’s his call, I don’t want to make any lengthy comment on that,” said Guingona.
“May sub judice d’un, but I guess he wants to play it that way. May rule tayo sana igalang niya pero ayaw niya, call niya ‘yun,” he also said.
Sen. Sergio Osmeña III said, “The sub judice (rule) is impossible to enforce because this is a very public trial…it is also a political trial the senators themselves are the ones who talk about it… the sub judice rule is to make sure that you don’t influence the decision maker and that sub judice is for jury trial.”
Corona, in an interview over the morning radio program at dwIZ, said the supposed term sharing between and Carpio was proposed before talks about his impeachment became public.
He said this prompted him to believe that Carpio’s desire to become chief justice could have pushed him to join moves to oust him from office.
“Isang araw… tumawag sa akin si Sen. Guingona, kung pwede akong yayain mananghalian. Okay sa akin sa lunch. Di ko alam ano pakay nya. Sabi ko huwag sa restaurant, hindi ako naglalalabas sa publiko. I try to keep to myself, so nag-lunch kami sa bahay ni ex-Vice President Teofisto (the senator’s father), New Manila,” he said.
Corona said after the main course, the younger Guingona asked him whether he had thought about retiring early, and just as casually suggested sharing his term with Carpio.
Corona is set to retire on Oct. 15, 2018 when he reaches the mandatory age of retirement of 70. Carpio is retiring a year after.
“Sabi ko sa kanya, labag sa Constitution iyan. Ako ay in-appoint for a specific term. Wala namang term-sharing (in the Constitution). Noong sinabi kong parang di legally possible iyon, he (Guingona) got the idea,” Corona said, adding that Guingona immediately cut the conversation after he made it clear that he was not amenable to “exploring talks in that direction.”
In his speech before SC employees on January 16, the first day of his impeachment trial, Corona hinted that Carpio was one of the three persons who have been conspiring to remove him from the SC. The two others are President Aquino and Liberal Party president Mar Roxas, who has a pending election protest at the Presidential Electoral Tribunal against vice president Jejomar Binay.
`SOCIAL LUNCH’
Guingona confirmed he met with Corona but denied raising the issue of term-sharing.
“I don’t know why he said those things. I don’t know what his motives are. Maybe you should ask him,” he added.
Corona, on his meeting with Aquino, said it was arranged by a retired SC justice, together with Executive Secretary Paquito Ochoa, and took place in the house of Aquino’s eldest sister, Ballsy Aquino-Cruz.
Corona declined to name the retired justice but sources said that it was Antonio Eduardo Nachura, a fellow Utopian in Ateneo Law.
During that meeting, Corona said Aquino asked for his opinion in creating the Truth Commission. At that time, Aquino has yet to issue his first Executive Order, which paved the way for the creation of the Truth Commission.
The EO was later declared unconstitutional by the tribunal for violating the equal protection clause in the Constitution.
Corona said he had advised Aquino not to single out Arroyo, which was the same position taken by the SC when it declared EO 1 unconstitutional.
“After lunch, si ES (Ochoa) at si Justice ay nanigarilyo sa labas at naiwan kaming dalawa ni President Noynoy. Nag-usap kami, tinatanong niya sa akin, ‘Ano bang tingin mo kung ako ay magtatatag ng Truth Commission, para habulin ang taong ito?’ Sabi ko, ‘Mr. President…, kako ako naman kung may ebidensya – ganoon ang role namin sa judiciary – kung may ebidensya, ituloy natin, pero kailangan susunod tayo sa Saligang Batas at sa requirement ng batas,” Corona said.
However, he said that unfortunately, this was not followed by Aquino’s legal team and insisted on singling out Arroyo.
Corona pointed out that when the SC decision on EO 1 came out, the court suggested that the Palace amend the EO, but the government did not do so. Instead, he said, the administration went on a campaign to disparage him, alleging that the Corona court had wanted to protect Arroyo.
JUDICIAL REFORMS
Presidential spokesman Edwin Lacierda said there was a meeting between Aquino and Corona in July last year, and it had been meant to lay the groundwork for reforms in the judicial branch to bridge the gap between the executive and judicial branches.
He said the meting even ended “pleasantly” despite the frank exchange of views especially on the President’s concern of whether Corona would render a decision based on fairness and legal precepts.
Lacierda said Corona’s revelation about the meeting between him and Aquino was done in bad faith.
He also said Corona’s media interviews are raising more questions instead of helping him in his impeachment trial.
He said while Corona is exercising his right to free expression, he is also trying to “obfuscate the main issue,” “spread dirt” and “complicate and muddle” a simple issue.
THREATS
Corona also defended himself against criticisms for doing the round of media interviews.
“What they can’t get in the impeachment court, they try to get in trial by publicity. Do they want the people to hear only their side? That cannot be,” he said.
He said he had long wanted to air his side in the media but his lawyers advised him against it.
Corona also said he has been receiving threats to his life. He said he has rented a bulletproof sports utility vehicle and complemented this with security escorts.
The former law firm of Supreme Court Associate Justice Antonio Carpio belied Corona’s allegation it was behind the moves to oust him from the Supreme Court.
Corona has also alleged that the law firm CVC (Villaraza Cruz Marcelo and Angangco) is masterminding a “black propaganda” and “professional demolition and hatchet job” against him.
The CVC called Corona’s accusations “baseless” and said Carpio had long severed ties with the firm.
“These accusations and conspiracy theories are absolutely false and divert public attention away from the issues in his trial,” the firm said in a statement signed by senior managing partner and chief operating officer Bienvenido Somera Jr.
Justice Secretary Leila de Lima said going on a media blitz is “unbecoming of a chief magistrate.”
She said Corona’s position requires him to be apolitical.
“He is the highest official of the judiciary, which ought to be completely non-partisan and therefore should be devoid of political and partisan elements or personalities,” she said. – With JP Lopez, Jocelyn Montemayor and Ashzel Hachero