Recto, Cuevas tangle over P34.7M check, other cash deposits

Accusations flew thick and fast between lead defense counsel Serafin Cuevas and Senator-judge Ralph Recto minutes before the impeachment trial of Chief Justice Renato Corona adjourned on Thursday for a monthlong break.

“Very unfair!” protested Cuevas, cutting short Recto’s line of questioning on the P34.7-million check from the sale of the Basa-Guidote Enterprises Inc. property in Manila in 2001.

Cuevas shot down Recto’s observation that the check and other deposits and investments of the Chief Justice and his wife had not been declared in his statement of assets, liabilities and net worth (SALN).

“You made me understand this way because my objection is this: You’re making a summation of facts but solely on the basis in favor of one party … because (the defense) never discussed these deposits. So the only concept that you have is the concept coming from the prosecution,” Cuevas said.

“We have not yet presented evidence in that regard, so how can we have an evaluation, admission, appraisal and conclusion? I hope as a judge of this case, I will plead respectfully, kindly receive the evidence with an open mind. Because if your mind is already closed that the deposits are Chief Justice’s Corona if they were not registered, therefore, (you believe that) he has violated the provisions of SALN,” said Cuevas.

“No, no,” Recto retorted. “I am not making a conclusion. I’m just trying to understand the evidence here, whether testimony or documentary … whether presented by both the prosecution and defense. (This is the) most important issue now (since) we’re almost done with the real properties.”

The senator “promised” to “listen” to both parties.

Heart of the problem

Recto had earlier stated that he was “glad on this last day for March” that the court was now prying into the “personal and other properties (of the SALN) which has a relation to cash, cash in bank, and liabilities.”

“This is the heart of the problem,” said Senate President Juan Ponce Enrile agreeing with Recto’s observation.

Quoting testimony earlier by former Manila Mayor Lito Atienza, Recto said that Mrs. Corona had received “entrust” the payment for sale of the 1,000-square-meter property on Legarda and Figueras Streets in Sampaloc to the Manila city government.

Bank accounts

When Recto said that the payment had been deposited with a Land Bank of the Philippines branch in Manila, Cuevas said that this was “not clear.”

Recto proceeded to enumerate the peso accounts of the Chief Justice with different banks, citing the exact “cash in bank” as of Dec. 31, 2010, two weeks before the impeachment trial began.

“If I look at the SALN of the Chief Justice, there was also testimonial evidence that on Dec. 12, 2011, a withdrawal was made of roughly P34 million. Isn’t that correct?” asked Recto.

“That appears to be the evidence of the prosecution. If you’re asking our side, just kindly wait. We have not yet, we are not through with (the presentation of defense evidence),” Cuevas replied.

“I understand,” said Recto. He then asked if the defense would be presenting the withdrawal of the money as its evidence.

“That’s not the version of our defense. This money … (is) merely held in trust by the Chief Justice coming from the proceeds of the Basa-Guidote account and also the money sent to them by the children,” said Cuevas.

Banging the gavel, Enrile stopped the two.  “We have plenty of time to assess this. We have one month to ponder this and when we have finished hearing the defense, we … at that point we will know the whole picture,”  Enrile said.