Miriam: Article II should be case closed

Sen. Miriam Defensor-Santiago on Monday said if they were to interpret the Articles of Impeachment literally, then the discussion on Article II should have been closed already.

 

At the start of the impeachment trial's 31st day, Santiago said they should no longer be discussing Article II which accuses impeached Chief Justice Renato Corona of failure to disclose his statements of assets, liabilities and net worth (SALN).

 

"[If] we are going to apply this article literally and very strictly, then there is no more case. He disclosed his SALN as provided by law," he said.

 

She likewise said that Article II should have asserted that Corona failed to disclose and declare properties on his SALN.

 

"[To] declare and disclose are two different things [but] it appears the chief justice both declared and disclosed SALN so case closed," he said.

 

Impeachable or not impeachable?

 

However, Santiago said that because of "liberality," the impeachment court allowed the prosecution to proceed with its case.

 

"[Now] it is for us to decide what is impeachable in terms of the SALN," she said.

 

Citing the implementing rules and regulations of the Code of Conduct of Public Officials, she said that if a person makes a mistake on his SALN in "good faith," it is not impeachable.

 

Because of this, she challenged the prosecution to show "at least substantial evidence" that Corona had intended to omit some items on his SALN.

 

"Show that there is [an] intent to show dishonesty. You have your work cut out for you," she said.

 

On the other hand, she said the defense has to prove that Corona "in good faith" declared all his bank deposits. And if he did not, the defense panel should be able to explain the reason.

 

Sen. Joker Arroyo, for his part, stood up after Santiago and asked whether a "correctible" offense was an impeachable offense.

 

"I think the two panels should think [about that]. We do not have precedence. The law...allows correction so...I am raising the question for both sides to study it," he said.

 

Sen. Pia Cayetano likewise supported the questions posed by Santiago and Arroyo.

 

The prosecution has committed to submit a memorandum on the issues raised.

 

Senate President Juan Ponce Enrile, however, said these matters ought to be submitted after the closure of the presentation of evidence on both sides.

 

"There are issues here that must be clarified and that is what we are waiting for," he said. — RSJ, GMA News