Archive for January, 2012
BIR Commissioner Henares
The introduction of the income tax returns (ITR) by the prosecution panel went almost without a hitch, just like an orchestrated concerto with BIR Commissioner Henares as soloist.
Commissioner Henares came up to this top BIR position at about the same time when Noynoy Aquino became President. She swore that this is the first time she saw the documents that were being marked, and that nobody else has seen them
As I said, the prosecution’s examination of Henares went off like a litany, all questions have ready answers.
On that first day that she arrived at the Senate in compliance with a subpoena, she did not take the stand because she said she did not have the subpoenaed papers with her. Brilliant!
If you ask me, and I know you won’t, but I will tell you what I think anyway.
Article 2 is in a shambles, so much so it does not preclude an accusation of any kind. Instead Article 2 reeks of vague hints covered by the terms “reported”, “suspected”, ‘alleged” in such a way that one would almost believe that the prosecution is on a fishing expedition, and that the evidence to indict the accused is expected to be revealed by these documents that they purported not to have seen before.
Of course, if they say that they have seen this before, somebody in the BIR may be in hot water, or that one which allowed other people to see the documents. This is probably the reason why the terms “reported”, “suspected”, and “alleged” were sank in the Article. It would protect some people that we know.
But why in Heaven’s name is the bravado behind the prosecution panel being so cocksure before the media that they have evidence to prove their allegations?
Unwittingly, BIR Commissioner Henares allowed herself to be the trigger that bumped the buckshot that would spray needless trouble for a lot of people. Publicizing the contents of the Income Tax Receipts of a lot of people for the sake of hitting one single target, the Chief Justice, is downright sneaky and cowardly at the very least.
When will these intelligent people stop equating a man’s capacity to earn with his capability to generate funds. Verily I will say, that a man’s capacity to earn is only part of his capability to generate funds.
The Income Tax Receipts will therefore not reflect all the funds available to him.
In marked contrast with the BIR Commissioner is Enriquetta Vidal, Keeper of the Documents, or commonly called Clerk of Court. But while both the BIR Commissioner and the Keeper of the Docs are knowledgeable and dedicated to the performance of their duties, Enriquetta possesses one trait that stands out more than any from others of similar stature and position—-her discipline.
Notwithstanding her close proximity with her bosses whilst at work, Enriquetta insisted and got, the documents that are in her safekeeping to be under lock and key. This simple procedure safeguards all other people concerned, including the public.
Among the documents are the SALN, or Statement of Assets and Liabilities, and Net Worth of people in the Supreme Court. These are filed with her after which she generates an Alpha List to be submitted to the Bureau of Internal Revenue (BIR) as the Alpha List, or simply, a summarized form of income particulars.
For obvious reasons, the Supreme Court has its own procedure in submitting their income particulars. The SALN`s are open to the public as long as proper procedure is followed in viewing them. There is no such rule as the viewing of these documents are closed to the public. It may be proved that the prosecution members did not actually ask these SALN`s to be disclosed, hence there was no disclosure.
What is noteworthy of Enriquetta Vidal is her stoic hesitation to give the SALN to the Senate without approval of the Supreme Court. She finally gave in and handed the documents to the Senate. In this instant, I do believe that there was a signal of approval from the Supreme Court to abide by the Senate rules. Don`t ask me how she received this cue. I can read her eyes.
One thing for sure, I would not hesitate to get her to join my outfit if I were tasked to form a Foreign Legion. Such loyalty and discipline is very hard to find in a trooper.
(‘twould be important to note the message that it is extremely difficult to get the SALN of the Justices much less disclose them)
Fireworks in the Impeachment Trial of Chief Justice Renato Corona started at the initial dissection of the Articles of Impeachment itself.
Lead Defense Counsel Serafin Cuevas, himself a former Justice, questioned the semantic validity of Article 2 wherein the terms “alleged”, “suspected”, and ” reported”, do not constitute accusations andf will lead to the Prosecution to mere fishing for evidence.
The following video clips show the crux of the disagreement and the intended compromise solution by Chairman Senator-Judge Juan Ponce Enrile.
Neil Tupas, Jr.
Juan Ponce Enrile
What? Who, me a lawyer?
Goodness No! Being a lawyer implies reading law books, and I never touch that stuff. It hurts when I read those.
You must have read my post on how I argued in court against the charge of “Possession of Imitation Weapon.”
Actually, around here , the accused has the choice of whom to defend him, and this choice may not be a lawyer at all. And he chose me because the defense lawyers assigned to him recommended him to plead guilty. The consequence is that he will have to do so many hours of community work and attend so many hours of lectures on whatever.
This is a pet project of the courts and I pointed out that any lecture will not seep in a person’s mind if he does not want to hear it, adding that “ice cream tastes better if it is not crammed down your throat.”
But thanks for suggesting that I was a lawyer! Honestly now, I had case laws tucked under my belt when I won the case for the guy. There was reallyn no chance I could have lost that one!!
It would be a bad idea to file a motion to the Senate Impeachment Court to inhibit Senator-Judge Drilon for reasons of being biased for the prosecution. There actually are very few reasons to stifle judges. They can ask whatever questions they would like to ask at whatvever time they choose. Filing this motion would send a signal to the other Senator-Judges that their questions should be in moderation. Besides, if Chief Justice Corona’s side is defensible, it would come out alright even if Senator-Judge Drilon sides with the prosecution.
Let him be. He knows that people are watching him. He knows, he knows, he knows.
Don’t do it—he knows, he knows, he knows.