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View Poll Results: Senate's verdict on CJ

Voters
69. You may not vote on this poll
  • Guilty!

    58 84.06%
  • Not Guilty

    9 13.04%
  • i couldn't care less

    2 2.90%
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  1. Join Date
    Sep 2003
    Posts
    22,967
    #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.

  2. Join Date
    Jan 2012
    Posts
    1
    #642
    From 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

  3. Join Date
    Aug 2009
    Posts
    45
    #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.

  4. Join Date
    Dec 2005
    Posts
    38,973
    #644
    Quote Originally Posted by andreaalba30 View Post
    From 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


    Jurisprudence from no less than the accused...

    14.7K:cow:

  5. Join Date
    Oct 2002
    Posts
    36,799
    #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...

  6. Join Date
    Oct 2011
    Posts
    26,770
    #646
    Quote Originally Posted by Monseratto View Post
    Hmm, is Malacanang pressuring Enrile to step down as Senate President? Bakit tahimik si senate president wannabe Drillon kahapon, di niya dinipensa si Tupak? If Drillon becomes Senate President, fiesta time ang prosekusiyon!

    I think the offer of Sen. Judge Enrile still stand. Mag botohan pa sila if they wanted to replaced the presiding officer/senate president.

  7. Join Date
    May 2004
    Posts
    3,221
    #647
    Quote Originally Posted by shadow View Post
    Si tupaz naman kasi eh, Huwag na magsalita ituloy na yun proceedings, bayaan na niya si roxas, Abad Ang mag horse trading sa mga senators pag botohan na...
    mataas ang ambisyon e wala ka magagawa.

  8. Join Date
    Aug 2009
    Posts
    45
    #648
    Quote Originally Posted by Retz View Post
    I think the offer of Sen. Judge Enrile still stand. Mag botohan pa sila if they wanted to replaced the presiding officer/senate president.
    I think this is a trap for the LP should they do this. They better be careful.

  9. Join Date
    Oct 2011
    Posts
    26,770
    #649
    Quote Originally Posted by niwde11 View Post
    mataas ang ambisyon e wala ka magagawa.

    tupas for senator -2013.

  10. Join Date
    Oct 2011
    Posts
    26,770
    #650
    maghahain daw ng panibagong impeachment complaint kung hindi payagan mag testify si Commissioner Henares.

Impeachment against CJ Corona..