MANILA, Philippines (1st UPDATE) - The prosecution said Chief Justice Renato Corona’s alleged ill-gotten wealth is the centerpiece of one of the articles of impeachment filed before the Senate.

In a memorandum filed Wednesday morning, the prosecution said: “The prosecution’s evidence on Corona’s accumulation of ill-gotten wealth strikes at the very heart of his failure to disclose his SALN [statement of assets, liabilities and net worth] to the public. It shows that Corona has not been truthful and honest in his SALN, and has therefore violated the very spirit and the letter of the SALN requirement.  Such proof is, therefore, very material and relevant.”

The prosecution used Corona's own decision on the Marcos ill-gotten wealth case  (G.R. No. 152154. July 15, 2003), wherein the then-associate justice said technicalities should be set aside "if there is proof of illegal acquisition" of wealth. 

(Read the prosecution's memorandum)

The debate on the nature of article 2 has been a topic of contention in the impeachment body since last week, and stalled the impeachment trial on Tuesday.

Article 2 of the impeachment complaint states that Corona allegedly “committed culpable violation of the constitution and/or betrayed the public trust when he failed to disclose to the public his SALN as required under Sec. 17, Article XI of the 1987 Constitution.”

Lead defense counsel Serafin Cuevas has insisted that the testimonies of the witnesses so far presented cannot be used “on the basis of a non-existent allegation,” such as ill-gotten wealth.

The prosecution, on the other, said the defense’s issues are mere technicalities.

'Corona unfit for public office'

In their memo, the prosecution debunked the defense's allegations that the presentation of evidence to prove the alleged ill-gotten wealth is a deprivation of due process.

“Impeachment does not involve a deprivation of life, liberty or property. Rather, impeachment is a mechanism for determining the continued fitness of a high official to hold public office. It does not involve the imposition of a penalty of imprisonment or fine. Neither does it involve a deprivation of property, since a public officer has no proprietary claim over public office. Rather, public office is a mere privilege, which can be revoked anytime especially if there is a showing of unfitness to hold office,” it said.

The defense team filed its memorandum on Tuesday. Defense lawyers argued the prosecution is still on a fishing expedition.

They said this shows “lack of any personal knowledge at the time they filed the verified complaint of the ultimate facts concerning suggestions of graft and corruption and accumulation of ill-gotten wealth.”

“This now explains their desperate and belated use of this honorable court’s subpoena power to gather evidence for the very first time to prove their case. Unfortunately, and to CJ Corona’s extreme prejudice, these proceedings have become an illegal ‘fishing expedition.’ This should never be allowed,” the defense said.

Corona to seek SC's help?

Meantime, a Corona defense lawyer said it “will seek all legal remedies” in order to defend Corona’s right to due process.

Defense spokesperson Tranquil Salvador III said they will abide by the wisdom of the impeachment court.

He told ABS-CBNnews.com separately that as with any litigant, all legal remedies are available to the chief justice.

Analysts earlier said the accused may go to the Supreme Court if he or she thinks that she has not been given due process or there is grave abuse of discretion on the part of other courts, such as the impeachment court.

Integrated Bar of the Philippines spokesperson Trixie Cruz Angeles earlier said the defense may go to the Supreme Court if it feels that the Senate, acting as an impeachment court, has acted with grave abuse of discretion.

Key ruling today

The Senate is expected to decide today on the admissibility of the ill-gotten wealth accusations and evidence of the prosecution.

Article 2 of the impeachment complaint stated Corona allegedly “committed culpable violation of the constitution and/or betrayed the public trust when he failed to disclose to the public his Statement of Assets, Liabilities, and Net Worth (SALN) as required under Sec. 17, Article XI of the 1987 Constitution.”

Lead defense counsel Serafin Cuevas said the testimonies of the witnesses so far presented cannot be utilized “on the basis of a non-existent allegation,” such as the ill-gotten wealth.

'Not delaying trial'

Salvador reiterated: “We have come prepared, we have done our work and we have remained respectful of the institution of the Senate as well as the Senator-Judges.”

He debunked accusations the defense is only delaying the trial.

He said the defense works on what is “verified” in the complaint.

“Not on allegations and conjectures.  We have our list of witnesses and evidence we want to present to the Impeachment Court.  When the Court tells us to submit a Memorandum, we do so because that is the right thing to do. We do not wait for a deadline.  So to say and play up in media that we are the cause of delay is absurd and uncalled for,” Salvador said in a press release.