THE defense in the impeachment trial of Chief Justice Renato Corona yesterday stressed that Article 2 of the impeachment complaint filed against the top magistrate by the House prosecution panel does not allege graft and corruption as a ground for his impeachment. 

Article 2 deals with Corona’s alleged non-disclosure of his Statement of Assets, Liabilities and Net Worth (SALN). “It alleges culpable violation of the Constitution and betrayal of public trust,” said Karen Jimeno, one of Corona’s spokespersons.

“The ruling of the Senate disallows evidence on ‘ill-gotten wealth.’  The proper attribution is unexplained wealth under Republic Act No. 1379 which the complaint cites,” Jimeno said in a statement.

She noted that the Impeachment Court has ruled that the prosecution panel is allowed to present evidence on the SALNs “vis-a-vis whether or not properties or assets are declared therein.”

Jimeno added: “And that whatever presumption may arise or can be drawn is left for the Senate.  Clearly, both the prosecution and the defense will have to abide and respect the Impeachment Court.”

“So far, properties testified on by the BIR Chief Kim Henares are in the SALNs except the Palm Country Club share of December 2011 that still have to be declared in CJ (Chief Justice) Corona’s 2012 SALN still due on April 30,” she said.

Corona’s defense team took exception to the allegation Wednesday of Rep. Miro Quimbo, prosecution spokesman, that Corona “accumulated P20 million not supported by compensation income.” He claimed that Corona “has no other means of income.” 

“The defense (panel) will show otherwise. We appeal to the public to hold their conclusions because surely SALNs and ITRs (income tax revenue) do not tell the whole story. A closer look at the SALNs would show borrowing of P11 million repaid over several years. This was the La Vista property that was sold eventually for P18 million,” Jimeno said. 

“With this lot, another lot in Ayala Heights was sold for P8 million.  Capital gains tax is final.  Whatever profits earned in the sales are not required by law to be reported as income of the seller,” she said.