Jinggoy revelation might affect Corona conviction – impeachment lawyer

A former defense counsel of ousted Chief Justice Renato Corona said the revelation of Senator Jinggoy Estrada about a P50-million "incentive" for senators acting as judges in the impeachment trial could have "legal effects" on the conviction of the former top judge.

In his privilege speech on Sept. 25 to supposedly defend himself against accusations he had a part in the pork barrel fund scam, Estrada claimed senators who voted in favor of Corona's conviction for misdeclaring his wealth later received P50 million each in additional Priority Development Assistance Funds (PDAF).

"Should it later appear that some of them were actually influenced (by these 'incentives') then it may affect the legality of the decision," lawyer Tranquil Salvador, who also stood as one of Corona's spokespersons during the almost five-month Senate impeachment trial last year, told GMA News Online.

Salvador admitted there still seems to be no "precedent" – a previous case or jurisprudence – upon which a possible reversal of Corona's conviction could be based, but said that fundamentally, decisions should be based on facts.

"This is a case of impeachment and most of our cases on impeachment like that of former presidents Joseph Estrada was not completed while that of Gloria Macapagal-Arroyo, former Chief Justice Hilario Davide and former Ombudsman Merceditas Gutierrez did not reach the Senate. So we don't have a precedent that squarely falls on the same facts as the former CJ Corona case," he said.

"We have to rely therefore on the Constitutional provision that says a decision should be based on facts and law only. Hence, decisions not based on facts and law is illegal," he added.

Salvador however clarified that it first has to be established that these "incentives" the lawmakers supposedly received indeed affected how they voted.

"I think we have to wait for further developments since the statement refers only to the release of the additional PDAF after the conviction," Salvador said

The lawyer added: "The statement alone did not categorically show that it was the compelling reason or the reward why certain senators voted in a certain manner."

Voting

The 20 senators who voted to convict Corona were: Senators Estrada, Edgardo Angara, Alan Peter Cayetano, Pia Cayetano, Frankin Drilon, Francis Escudero, Teofisto Guingona III, Gregorio Honasan, Panfilo Lacson, Lito Lapid, Loren Legarda, Sergio Osmeña III, Francis Pangilinan, Aquilino Pimentel III, Ralph Recto, Ramon Revilla, Vicente Sotto III, Antonio Trillanes IV, Manuel Villar, and then Senate President Enrile.

Only Senators Joker Arroyo, Miriam Defensor-Santiago, and Ferdinand Marcos Jr voted to acquit Corona.

Several senators have already confirmed the P50-million additional PDAF, including Guingona, Lacson, and Drilon. Guingona said he received his share last December, while Lacson claimed he did not avail of his share.

Drilon and Alan Peter Cayetano clarified that the P50 million was neither a bribe nor incentive, and not connected to Corona's conviction.

Corona was convicted of betrayal of public trust and culpable violation of the Constitution after he failed to declare in his statement of assets, liabilities, and net worth around P200 million stored in several peso and dollar accounts.

Conviction stands

For his part, former impeachment prosecutor Neil Tupas Jr however countered Salvador's observation on the effect of Estrada's accusation regarding Corona's conviction.

"CJ Corona has been convicted by the Senate impeachment court for betrayal of public trust and culpable violation of the Constitution. Such conviction became immediately final and not subject to any appeal," Tupas told GMA News Online.

The re-elected Iloilo congressman added that the "decision of conviction stands."

Corona had already said he felt "vindicated" by Estrada's revelation.

“Nagpapasalamat ako sa Diyos sa bindikasyon na ibinigay niya sa akin sa araw na ito,” Corona said in a text message to reporters, although he added that Estrada's statement did not surprise him.

“Hindi ako nagulat sa rebelasyon ni Sen Estrada sapagka't kinompirma lamang niya ang alam namin at ng marami sa ating mga kababayan,” he said. — LBG, GMA News