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Day 9: Highlights of Corona impeachment trial at the Senate
Call to order
- The trial resumed at 2 p.m. Tuesday.
- Witness Noli Hernandez, senior vice president for marketing at Megaworld Corporation, testified that the Bellagio Tower I penthouse purchased by Chief Justice Renato Corona's wife Cristina in 2008 had a steep reduction in price from P24 million to P19.6 million because of “water damage” following a typhoon. The price was further slashed by P3 million, or the standard 15-20 percent discount, because Corona paid “almost in cash” and on a “shorter term” of less than a year.
- Private prosecutor Joseph Joemer Perez asked whether it was the usual practice of Megaworld to sell damaged units, drastically reduce its prices, or give big discounts. He also asked if the company had filed insurance claims after the condominium was damaged by the typhoon.
- The presiding officer cautioned Perez about his manner of asking questions. Enrile clarified that a price reduction is different from a discount: the condition of the unit is a reason for reducing the price, while a discount is a privilege extended to the buyer.
- During the cross-examination by lead defense counsel Serafin Cuevas, Hernandez said Megaworld could have given the same price reduction to any customer. Hernandez added that he did not know at the time that it was Chief Justice Corona who bought the penthouse.
- Senator-judges Ferdinand Marcos Jr. and Pia Cayetano questioned the relevance of the 40-percent price reduction for the Corona condominium unit to Article II, which alleges Corona of nondisclosure of some properties in his Statements of Assets, Liabilities and Net Worth (SALNs).
- The presiding officer said he allowed the prosecution to present Hernandez as witness “out of liberality.”
- House prosecutor Rep. Elpidio Barzaga Jr. explained that Hernandez’s testimony was related to the valuation of the property, as Corona did not indicate the acquisition cost of P14.5 million in his SALN. Instead, Corona said the current fair market value of the Bellagio condominium unit was P6.8 million.
- Senator-judge Manny Villar said there are many factors considered in pricing, and volunteered the information that another real estate company offered a 40 percent discount just last December.
- Senator-judge Alan Peter Cayetano said Hernandez's testimony was needed to explain the "discount" alleged by the prosecution.
- Senator-judge Franklin Drilon cited jurisprudence where the Supreme Court held that the disclosure in the SALN is not merely a ministerial act but must be done under oath, and be truthful, accurate, and timely. Senator-judge Teofisto Guingona III asked the House prosecution panel if Corona had complied with these three elements of disclosure in SALNs.
- In reply, Perez said the P14.5 million purchase of the Bellagio penthouse was not reflected in Corona's 2009 SALN, despite the deed of absolute sale executed that year. Although the property was later reflected in Corona's 2010 SALN, he said the fair market value of the penthouse was written down as only P6.8 million which, it was surmised, was only the zonal value. He affirmed that Corona's SALN did not meet any of the three elements of disclosure because the zonal value is different from fair market value.
- Senator Ralph Recto asked if the defense panel could be allowed to present evidence immediately after each article of impeachment, without waiting for the prosecution to present evidence for all eight articles.
- Presiding officer Enrile explained that under existing rules, the defense can only present evidence after the prosecution finishes presenting theirs for all the eight Articles of Impeachment. He added that changing the Senate Rules of Procedure in Impeachment Trials would need an amendment and the republication of the rules.
- Senator-judge Sergio Osmeña III asked Hernandez to produce proof of the damage in the condominium unit bought by Corona, including photos. He also asked Hernandez to verify if Megaworld filed complaints against the firm who constructed the damaged condominium unit. In addition, he asked for a price list of all condominium units at the Bellagio Tower I.
- Senator-judge Francis Pangilinan told Hernandez to voluntarily submit to the Senate the building engineer’s report on the damage sustained by the penthouse during the typhoon.
- Senator-judge Francis Escudero asked the Megaworld executive if Bellagio was sold "at a loss" to the Coronas. Hernandez replied that Megaworld made a "little profit" from the sale.
- In response to further queries, Hernandez said Corona voted against Megaworld Corp. in at least two cases, even if the chief justice and his family had purchased properties from Megaworld twice. He said the Corona family bought Megaworld properties in 2006 but the real estate company "lost a case right after 2007 and then he bought again from [the company] in 2008 and then [the company] lost again a case in the Supreme Court in 2009.
- Senator-judge Panfilo Lacson, however, clarified that Megaworld only lost in one of the cases because they appealed the decision. He also pointed out that in the 2004 SC decision where Megaworld had lost, the compromise agreement was reversed in the real estate company's favor.
- Responding to a question from Senator-judge Lacson, House prosecutor Barzaga admitted that no one in the prosecution panel has the competence in determining whether the fair market value reflected in Corona's SALN is true and accurate. Lacson pointed out that only the city assessor of Taguig City can give the fair market value of the unit.
- Senator-judge Aquilino Pimentel III strongly suggested to the House prosecution panel to "let go" of the discount issue when Article III is taken up. He said the acceptance of a discount has nothing to do with that article of impeachment.
- Replying to a query from Senator-judge Ramon Revilla Jr., Hernandez said Megaworld extended an additional P1-million discount to Corona, bringing the final purchase price of the Bellagio unit down to P14.5 million.
- Senator-judge Joker Arroyo asked whether there was another impeachment complaint at the House of Representatives. Tupas, as the House Justice Committee chair, said that the impeachment complaint against SC Associate Justice Mariano Del Castillo was still pending at the committee level.
- Tuesday's session was adjourned at 5:05 pm.
- It will resume at 2 pm Wednesday.
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