MANILA, Philippines (UPDATE) - Chief Justice Renato Corona did not declare ownership of a P3.5 million condominium unit at The Columns, Ayala Avenue because the developer had used the unit as a stockroom, his lawyer said Thursday.

Speaking to ANC, defense lawyer Dennis Manalo said prosecutors are questioning why Corona did not declare ownership of the condo unit in his 2004 statement of assets, liabilities and net worth after it was already fully paid.

He said Corona did not declare ownership because "it is tantamount to saying to Community Innovations that I already accepted the unit when it still had problems."

Manalo said Corona did not accept the unit despite paying for it after learning that it was used as a storage facility.

"Will you take the unit knowing  na ginawa nilang bodega yung titirhan mong bahay? Of course you are going to complain. I'm not going to accept your turnover na ganun ka simple. The point here is  -- there was a reason for not disclosing it at the time of the purchase," he said.

He also likened the situation to a buyer purchasing a white car but getting a black one instead.

"Under the law, you have to be given all the rights of ownership. You have to be given the title. You have to be given the right of ownership. You have to be given the right of possession. Wala pa. All the rights of ownership have not yet been vested with the owner. Kasi hindi pa dine-deliver yun unit with the terms and conditions agreed on," he said.

SALN law allows corrections

Finance Secretary Cesar Purisima, however, twitted Manalo for saying that Corona has to accept the unit first before declaring ownership in his SALN.

"What a joke. Whether or not there was acceptance of The Columns, they should have been reflected in the SALN. Some kind of asset. If no acceptance, there should at least be reflected a receivable from Community Innovations," he said in a text message to ANC "Headstart" host Karen Davila.

University of the Philippines professor Vicky Aveña also noted that ownership of The Columns property was already transferred when the condominium certificate of title was transferred to Mrs. Corona in 2004.

"It was already in the name of the buyer," she said.

Manalo, however, said the SALN law has a provision that allows for corrective measures if there are errors in the SALNs.

Under the provision, both houses of Congress shall establish procedures for the review of statements to determine if whether such statements which have been submitted on time are complete and are in the proper form.

He said that in the event that there is a discrepancy found in the SALN, the committee formed by Congress will then ask the officer to conduct the necessary corrective action.

"Anong corrective action ang pinagawa nila kay CJ Corona? Is there any? Wala naman. If there is any error in that particular SALN, the law says you give the reporting individual a chance to correct it. It doesn't say impeach mo kaagad," he said.

Unit fully paid in 2004

During Wednesday's hearing, witness Nerissa H. Josef, representative of Ayala Land-owned Community Innovations, Inc, admitted that Corona and his wife had fully paid for a 48-square-meter unit at the Columns worth P3.5 million on March 8, 2004.

She said a deed of sale for The Columns condo unit was issued on October 1, 2004.

Prosecutors have pointed out that Corona did not declare ownership of the unit in his SALNs until December 2010. This, despite the issuance of a certificate authorizing registration issued on Nov. 3, 2004.

Defense lawyers, however, noted that the unit was delivered and accepted only as of June 7, 2008 based on Ayala Land's own records. This is after the company issued a letter advising Mrs. Corona that the unit is deemed "delivered and accepted" on that date.

Under cross-examination, Josef admitted that there is no record of Mrs. Corona signing an acceptance form for the unit, nor any record of the actual turnover of the unit.

Defense lawyer Serafin Cuevas said Corona should declare ownership of the property in his SALN only upon acceptance of the unit since "it is a statement made under oath by the declarant."

Senate President Juan Ponce Enrile ordered both panels to submit memoranda to explain their positions and convince the court which side is correct. The memoranda are set to be submitted by Monday.

Is it enough to impeach?

In the interview, Manalo said the issue about the non-disclosure of the SALNs was "trivial."

"There may be issues about the SALN which the prosecutors are raising but really are these issues enough to have the Chief Justice impeached? Are these issues enough to rock the institutions of this country? Are these issues enough for Congress to put on trial the head of the Supreme Court?" he asked.

He denied that the prosecution panel has been incompetent in presenting their case before the Senate impeachment court.

"The prosecution are very competent. You know what their problem is? Their evidence. They do not have any evidence. That is the truth. That is what the people are seeing on a daily basis. There is no evidence for this case that is why the prosecution is fumbling, not because they are incompetent...They are compelled to prosecute this case even if the evidence is lacking," he said.