Saturday, May 26, 2012

Guilty as hell! #CJonTrial

The Constitution states it simply:
Section 17. A public officer or employee shall, upon assumption of office and as often thereafter as may be required by law, submit a declaration under oath of his assets, liabilities, and net worth. In the case of the President, the Vice-President, the Members of the Cabinet, the Congress, the Supreme Court, the Constitutional Commissions and other constitutional offices, and officers of the armed forces with general or flag rank, the declaration shall be disclosed to the public in the manner provided by law.
The SALN is required by law. It shall be disclosed to the public.

The SC's insistence not to disclose the justices SALN can be challenged as unconstitutional.

When Corona argued that his non-disclosure of his dollars assets is in consonance with RA 6426, he is twisting the interpretation of the law to suit his defense. Palusot na lang yan.

RA 6426 says:

Section 8. Secrecy of foreign currency deposits. – All foreign currency deposits authorized under this Act, as amended by PD No. 1035, as well as foreign currency deposits authorized under PD No. 1034, are hereby declared as and considered of an absolutely confidential nature and, except upon the written permission of the depositor, in no instance shall foreign currency deposits be examined, inquired or looked into by any person, government official, bureau or office whether judicial or administrative or legislative, or any other entity whether public or private; Provided, however, That said foreign currency deposits shall be exempt from attachment, garnishment, or any other order or process of any court, legislative body, government agency or any administrative body whatsoever.
This is a Marcos law, perhaps intended to protect Marcos himself. Anyway, this law says the deposits are confidential. This means the specifics of the account, what bank, the account number, etc. But the aggregate amount of the deposit should be reflected in the SALN, just like what he did with his peso deposits. Corona's SALNs for 2004-2010 did not specify his peso accounts, they just indicated 'Cash and Investments'. Now had this entry included his dollars (or its equivalent in pesos), then he is off the hook. But as he himself admitted, he did not include this.

Thus he is guilty as hell.

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