View Poll Results: Senate's verdict on CJ
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January 25th, 2012 12:10 PM #641
Baka ganito magcompute ng sariling SALN ng mga tongressman... puro mali.
SALN computation 'erroneous' | The Manila Bulletin Newspaper Online
MANILA, Philippines — Present and retired Bureau of Internal Revenue (BIR) officials described Tuesday as “erroneous” the way prosecutors in the impeachment trial of Chief Justice Renato C. Corona compute his net worth using the fair market value (FMV) of his properties.
Under the statement of assets liabilities and net worth (SALN) law, the Tax Code, and decisions issued by the Supreme Court and the Court of Tax Appeals, they said the net worth of an individual should be based on the historical or the original cost of properties when they were acquired.
Former Revenue Regional Director Estrella Martinez, who is both a lawyer and certified public accountant, said FMV is used only to justify the value of the assets when they are sold later.
She also said that the assessed value of the declared assets is utilized in the computation of real estate tax due the local government.
Martinez noted that the P22.9-million hike in the assets of Corona through the years up to 2010 was due to the increase in FMV which cannot be used in the computation of his net worth.
“There is an ocean of distinction between the original cost and the FMV and to accuse Corona of amassing illegal wealth because of the sharp hike FMV of his properties is illogical and against the existing jurisprudence,” she said.
She said an individual cannot be faulted if the value of his properties appreciate through the years and this is one of the reasons one buys a unit in a condominium building which has yet to be constructed during the so-called pre-selling period.
She also said the inclusion by the prosecutors of Corona’s donated and inherited properties in Quezon City worth more than P5 million in his net worth was unjustified because they were not acquired by cash but a gratuitous gift given to him by his parents or relatives.
She explained that the Quezon City property can be declared at its FMV because it has no historical cost, “but should not be part of Corona’s net worth.”
Martinez further said the FMV column in the SALN should also be disclosed but should not be included in the computation of the net worth.
“As a BIR examiner for more than 32 years I have digested the net worth method of investigation and I have been lecturing on SALN. As such I can authoritatively recommend an intelligent investigation of Corona’s SALN and with the simple procedure the government can save on unnecessary television time and save people’s tax money,” she said.
According to Martinez, the net worth is arrived at by deducting the liabilities, adding that there are three columns for valuation in the SALN – that is the cost, FMV, and the assessed value.
She said that since the SALN is like a balance sheet, all acquired properties should be valued at historical costs, meaning a cash acquisition or through a loan.
She said FMV should be declared but it should not be considered for purposes of arriving at net worth at the end of the year.
She said properties which are acquired through donation and inheritance should be presented as part of the assets but should only be shown in the SALN as a parenthetical disclosure placing the words “inherited” or “donated.”
Some current BIR officials, who requested anonymity, supported the view that the way net worth was computed by House prosecutors was erroneous.
Meanwhile, former Revenue Deputy Commissioner for Operations Victor A. Deoferio Jr. said Corona’s father used to head the old estate tax division of the BIR.
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January 25th, 2012 12:16 PM #642From his own mouth:
CJ Corona’s guidelines in the use of SALNs & ITRs to prove ill-gotten wealth
Read his formula for computing corruption
My exclusive
By Raïssa Robles
Prosecutors in the impeachment trial might not know they have a document they can refer to when they present ITRs and SALNs as evidence. It’s a document written by someone who happens to be named Renato C. Corona.
The document is Chief Justice Corona’s landmark decision on July 15, 2003 turning over the Marcoses’ loot stashed in Swiss banks to the Philippine government.
In that document, CJ Corona made some interesting points:
He said the burden of proof lies with the person being accused of having amassed such wealth.
He also said the court should disregard technicalities thrown by the defendant’s side.
And he said it was enough to compare a respondent’s SALNs (Statement of Assets, Liabilities and Net Worth) and ITRs (Income Tax Return) with the wealth in question to determine the latter’s illegal origin. If disclosed income and assets were far less than the questioned wealth, then the latter is ill-gotten.
Full text: raissa robles From his own mouth: CJ Corona’s guidelines in the use of SALNs & ITRs to prove ill-gotten wealth
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January 25th, 2012 12:28 PM #643
Enrile mulls resignation as presiding officer
By Shielo Mendoza | Yahoo! Southeast Asia Newsroom – 17 hours ago
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Senate President and Presiding Officer Juan Ponce Enrile seen during the impeachment trial of Supreme Court Chief Justice Renato Corona at the Senate in Pasay City, south of Manila, on 18 January 2012. (Voltaire …more
Senate President Juan Ponce Enrile, who is also acting as presiding officer of the impeachment court, on Tuesday said he is willing to vacate his post after the the prosecution panel requested for a more “liberal” court.
Before adjourning Day 5's proceedings on the Chief Justice's impeachment trial, Enrile said: “Handa akong ibigay ang upuang ito sa kung sinumang may gusto. So ordered.”
Iloilo Rep. Niel Tupas, chief public prosecutor, earlier asked the impeachment court for flexibility in applying rules. “Flexibility to the point that we will be able to elicit evidence from witness,” Tupas said.
Enrile then asked Tupas, “Are you suggesting we should allow misleading questions and hearsay evidence? Are you suggesting that we relax the best evidence rule?”
“No, we are not. It's just giving flexibility to the prosecution,” Tupas responded.
But the presiding officer hit the prosecution panel for being unprepared for the trial.
“I want to be candid with you. You had time to marshal your evidence. I assume you had assembled evidence for each article,” Enrile said.
“Hindi ako hukom. Ako ay inatasan lang ng batas na maging presiding officer. Sabihin niyo kung paano ako magiging liberal,” he added.
Tupas, however, failed to cite rules on how the court could be flexible and backed down saying they "submit to the wisdom of the honorable court."
Enrile continued with his speech stressing, “Wala akong kinikilingan sa kasong ito. Wala akong kinikilalang dapat pagsilibihan kundi ang bansa. Hindi ako gagawa ng pasya na hindi makatarungan.”
Meanwhile, Senator-judge Manuel Villar commended Enrile’s performance as presiding officer.
“Bilang beterano sa impeachment, hindi natin mapapaligaya ang lahat ng panig. Mahirap ang ating ginagampanan ngayon. Ako'y humahanga sa inyong paghawak,” Villar said.
I hope he stays. I also believe in his fairness even though he was willing to "bend backwards" for the prosecution.
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January 25th, 2012 12:29 PM #644
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January 25th, 2012 12:41 PM #645
This so called retired BIR officials are immaterial, just present BIR Henares and all questions to the ITR vis a vis SALN will be settled...
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January 25th, 2012 12:42 PM #646
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January 25th, 2012 12:46 PM #647
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January 25th, 2012 12:47 PM #648
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January 25th, 2012 01:38 PM #650
maghahain daw ng panibagong impeachment complaint kung hindi payagan mag testify si Commissioner Henares.
Choice I would have made as well.:nod:
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