Corona’s Sandiganbayan cases in limbo after his death

Following the demise of former Supreme Court (SC) Chief Justice Renato Corona on Friday morning, the Sandiganbayan said it cannot yet act on the late magistrate’s pending criminal and civil cases.

In an interview with GMA News Online, Sandiganbayan Third Division clerk of court lawyer Dennis Pulma said the anti-graft court cannot yet decide on whether to dismiss or to proceed with Corona’s criminal cases as it has yet to receive a formal manifestation from the lawyer or from the family of the former Chief Justice.

“We are waiting for formal manifestation coming from either his lawyer or his family informing us about his death. His camp may also file a formal motion to dismiss the cases,” Pulma said.

Pulma said that while no manifestation or motion has been filed yet, the cases against Corona are still considered as “pending” before the court.

Corona is facing before the Third Division eight counts of perjury under the Revised Penal Code (RPC) and another eight counts of violation of Republic Act 6713 or the Code of Conduct and Ethical Standards for Public Officials and Employees.

The charges, filed by the Office of the Ombudsman with the Sandiganbayan in April 2014, stemmed from Corona’s alleged misdeclaration of assets in his Statement of Assets Liabilities and Net Worth (SALNs) from 2001 to 2011.

Ground for dismissal

Pulma, however, admitted that under Article 89 of the Revised Penal Code (RPC), death of the accused is a ground for the dismissal of the case.

Corona was never arraigned for both cases as the proceedings have been deferred for three times pending the court’s resolution of his motion to quash the cases.

Meanwhile, in a separate interview with Second Division acting clerk of court, lawyer Irene Palmero, she said the court likewise cannot yet act on Corona and his wife Cristina’s P130.59-million civil forfeiture case.

Filed in March 2014, the civil forfeiture case against the Corona couple stemmed from their alleged ill-gotten wealth from 2001 to 2011.

“We defer to issue any statement until a formal manifestation or motion has been submitted by the former Chief Justice’s camp,” Palmero said.

The Second Division earlier ordered the Sandiganbayan Sheriff to freeze P130-million worth of assets of the Corona couple to serve as collateral in favor of the government, should they be found guilty of the civil forfeiture case.

However, in the latest report of Sandiganbayan Second Division Sheriff Alexander Valencia dated March 18, 2016, he said only P15,000 bank money of the Corona couple has so far been frozen.

Aside from bank money, the Sheriff Office had earlier garnished seven condominium units of the Corona couple located in Loyola Heights in Quezon City, Bonifacio Global City in Taguig and in Ayala Avenue in Makati plus a parcel of land in La Vista, Quezon City.

The Sheriff Office, however, did not specify the value of the garnished properties.

In a separate interview with GMA News Online, Corona’s lawyer Reody Anthony Balisi said they will file the necessary motions to both Sandiganbayan divisions next week.

“I have to consult the family first. But definitely we will formally inform the court about the former Chief Justice’s demise. We are also studying the necessary motion that we can file,” Balisi said.

Balisi said their camp might file a motion to dismiss all the cases, including the civil forfeiture case wherein Critina Corona is named as co-accused.

“Under the Revised Penal Code and previous Supreme Court decisions, when the accused dies during the pendency of the case, yung kanyang criminal and civil liabilities are extinguished,” Balisi said.

Balisi further pointed out that following the death of Corona, who is the primary accused and the public respondent in the civil forfeiture case, the Sandiganbayan, in turn, loses jurisdiction over Cristina, who is a private individual.

Corona succumbed to cardiac arrest past 1 a.m. on Friday at The Medical City in Pasig City. He was 67 years old.

Aside from his cases at the Sandiganbayan, he was also facing tax evasion cases before the Court of Tax Appeals.

Corona had earlier repeatedly maintained that he was innocent of all the charges saying he was a victim of political vendetta of the Aquino administration for ruling in favor of the distribution of the Cojuangco-owned Hacienda Luisita land to farmers. — RSJ, GMA News