Cuevas booboo in Henares cross examination?

Posted at 02/07/2012 2:53 AM | Updated as of 02/07/2012 7:12 AM

BIR chief Kim Henares stands her ground vs legal eagle


MANILA, Philippines - Did defense lawyer Serafin Cuevas unwittingly allow "damaging testimony" against Chief Justice Renato Corona to come to light?

Cuevas on Monday came under fire from the spokesman of the House prosecution team for his failed attempt to have the testimony of Bureau of Internal Revenue (BIR) Commissioner Kim Henares removed from the records of Chief Justice Renato Corona's impeachment trial.

"Kapag tila hindi nagugustuhan ng defense iyung kasagutan, ay sila mismo ang nagpapa move to strike out," said Rep. Miro Quimbo.

Henares, during her cross-examination by Cuevas, said she found discrepancies in Corona's statements of assets, liabilities, and net worth (SALNs).

She said that in 2003, Corona's La Vista property was only declared at P3 million, when it was worth some P11 million.

Henares added that in 2004, Corona also did not declare a property in Diliman, Quezon City and another property in Fort Bonifacio in 2005.

From 2006 to 2009, Corona disclosed lower net worths, Henares said.

"My understanding is when I submit a SALN, that has to be complete and true," she said when asked by Cuevas if the SALN can be corrected after it is sworn in and filed. "If it can be amended anytime, it is a useless exercise."

She also defended the BIR's move to investigate perceived irregularities in the tax records of members of the Corona family, saying the "public expects us to do our job."

Senate president and impeachment court presiding officer Juan Ponce Enrile rejected Cuevas' effort to have Henares' testimony stricken off, saying the defense will have its time to present its own evidence for Corona.

'Damaging' testimony

Quimbo described Henares' testimony as "very damaging" on the defense's efforts to clear Corona regarding allegations in Article 2 of the impeachment complaint.

"Everybody knows, kaming mga abugado, that every time you ask a question on cross examination, any answer that is given by the witness, you take the risk on what is answered by the witness," he said.

"On this case, she clearly stated very categorically, the damaging testimony pertaining to the fact that more than P50 million of the assets ni Chief Justice nung 2010, ang dineclare lamang po niya ay P14.5 million," he added.

"Huwag po nating kalimutan that the BIR is an integral part of the SALN mandatory submission," Quimbo said. "Nakalagay po iyan, kapag tayo'y nagsusubmit ng ating SALN, nakalagay po sa likod mismo, you authorize the other agencies, including the BIR, to actually use this para sukatin kung ika'y nagbabayad ng tamang buwis."

"Kaya nga importante iyung SALN, bilang sukatan, sinasabi mismo ng Korte Suprema -- na bahagi po si Chief Justice -- na ang SALN is a way for us to measure and prevent graft and corruption," he said. "Kaya iyan under oath, para natin makita, masuma natin, macompel natin magsabi ng totoo."

"Makikita natin iyung pagtaas ng kaniyang assets. Ito, kritikal na kritikal na impormasyon sa naipakita po natin today, because clearly, the agency or at least the commissioner of the agency that is in charge of using the SALN in determining tax liabilities, malinaw na she has the required expertise that the SALN is a matter that is reviewed regularly by the commissioner of the BIR," Quimbo said.

He added that Henares' testimony given under cross examination by Cuevas is "wrapping up" of the SALN issue hounding Corona. "Lahat ng atin pong allegations o pertaining to fact that the SALNs were misdeclared or grossly undeclared considering the testimony herself of the testimony of the BIR."

Henares' statement irrelevant, says defense

The defense, however, came to Cuevas' aid.

They questioned Henares' statements, saying they are irrelevant to the impeachment case.

"The discrepancies were not verified. Premature to say may itinatago si CJ Corona," said lawyer Karen Jimeno, spokesperson of the defense team.

"Di pa puwede pagbasehan yung computation (ni Henares)," she said. "Klaro na sarili niyang (Henares) opinyon yun. Hindi siya ipinresenta as an expert witness ng prosecution."

Another member of Corona's team also said that the chief justice's SALNs are accurate and they're ready to prove that when they present their evidence.

"Maipapaliwanag namin na walang inaccuracies sa SALN ni Chief Justice," said Atty. Rico Paolo Quicho. - with ANC


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14 comments

Worthwhile talaga ang

Worthwhile talaga ang pagtalaga sayo Kim Henares ni Pnoy Sa BIR!!!Saludo ang madlang pipol sa tatag at tapang mo!!!


Nakakagigil ka Atty.Cuevas,

Nakakagigil ka Atty.Cuevas, dapat umalis ka ng bansa bago kayo nagkita mag asawang CJ para di ka rin nasisira at nawawala ang tiwLa sayo..


a little over 20 million sans the mansion being built

par. 2.1 of art. 2 alleges that the CJ failed to declare his SALN. after a partial sen-judge have successfully extracted the SALN of corona, it proved that the CJ regularly files his SALN. because of this, bargaza informed the impeachment court that the prosecution is abandoning the charge of non-disclosure of SALN. a clear victory for the defense.

the prosecution camp alleges that corona's SALN have discrepancies. that is yet to be proven by the prosecution. and even if that is the case for the sake of an arguement, the law allows amendments in SALN. having said that, no law has been violated contrary to what the prosecution is trying to portray.

lastly, the bank records of corona is not part of the impeachment complaint. the prosecution failed to justify the relevance of corona's bank account in the charges leveled against him. the bank records that is in the possession of tupas jr. was acquired illegally and should not be used against the defendant.

literally, the prosecution is into fishing expedition since they do not have evidence on hand. the impeachment court will need to subpoena the banks so the prosecution can fish for information against the CJ. this govt. is violating the constitutional right of the accuse using means fair and foul to persecute CJ.

On NEILTUPAS JR. 50 MILLION MANSION

even the quezon city assessor interviewed last night undauntedly claim that neil tupaz jr. is lying to his teeth when he claimed that his mansion is only 14.5 million.

according to credible media sources, the purchase price for the lot alone could go a little over 20 million sans the mansion being built.

when you point a finger, your other three fingers could be pointing back at you ...


The defense, however, came to

The defense, however, came to Cuevas' aid.

They questioned Henares' statements, saying they are irrelevant to the impeachment case.

=============
Alam naman ng taong bayan na kapag magprepresinta ang prosecution, nag-oobject kagad ang defense eh dahil immaterial and irrelevant daw kahit di pa nakikita ang evidences. Kapag na-cross examine naman at tagilid sila sa sagot ng witness, pinapa-strike out ang sagot.

Kailangang gawin ng defense team yun, para ma-acquit ang client nila, kung lahat ng proof nga naman ay haharangin nila eh di wala ng evidences, ma-aacquit nga naman ang client nila. Kawawa talaga ang Pilipinas.

I wonder who among the people are enjoying in the corruption legacy or I should not wonder because the answer is clear for those making tons of money out from it

Henares a new breed for regeneration of values

It’s a BATTERED country if impeachment court refused the evidence of a BIR chief. This stabs the better values we are aiming high in scrutinizing the judiciary’s integrity. If we make America, select Asia and Europe our sample in bashing the most hideous corruption of M-A-F-I-A and any crowned high criminal element, these countries proved they intently had ended the reign of powerful organized crime FACED THEIR VIOLATION OF TRUTHFULLY SUBMITTING THEIR TAX STATEMENTS SO GOVERNMENTS of these named countries could incarcerate/ jail these hideous criminals. Is this Cuevas ‘s character/action now to cover-up dishonesty and crime of malversation of his client against the entire population experiencing too much poverty because funds do not go to the people and boost our economy also uplift a moral society! His bad lawyering to exonerate dishonesty and in cahoots of protecting thieves will be a reflection to the teachings he got from his church when this trial railroaded to favor Corona defense. All in affirmation to make an era of RICH greed and judicial decadence to damage every human soul.

We confront distortion in values: That a dying poor man is hungry for a morsel of food, while a rich powerful man is speaking of death for hunger of political gains. We see repeated mistakes in a bad world when stereotypes speak “by hook or by crook so it leads us that a midnight appointee Corona becoming an insurance for Gloria Arroyo to strike out prosecution. Can’t we crack the culture of lies shrouded by their tandem? Defiant? Every inveterate liar will plead for innocence and any cunning lawyer can win or impede the sentence of the guilty rich accused like Ampatuans. (evidence shows guilt yet still defiant.) I don't think the Luisita issue is tantamount to the degradation of values of a nation and ransacked the coffers causing helplessness and poverty in the entire country than the breakdown of values and integrity in governance under Corona-Gloria alliance. Reforms in our courtrooms can bring back integrity and I believe it's a shame to speak of putting an end to life just to beg sympathy and is that a righteous means to be properly accountable expected of the High stature of a Chief Justice who holds every human justice he administers? The majority Filipinos are not a lynching mob but still give the current government of Pinoy leeway to deliver the better changes though along the way he encounters demolition attacks from oppositions and political enemies. “


TO THE DEFENSE

HOW CAN YOU EXPLAIN THIS? WOULD THAT BE FAIR FOR THESE PEOPLE IF WE APPLY THE SAME PROTOCOL TO CORONA?

http://raissarobles.com/2012/02/06/corona-led-supreme-court-okd-jail-for...


I LOVE KIM HENARES...

SHE IS TOUGH AND SHE DOES NOT LET ANYBODY MANIPULATE OR CONTROLLED HER IN THE COURT ROOM. IMPRESSED TALAGA AKO SA KAKAYANAN NITONG BABAENG ITO. PARANG SI GABRIELA SILANG..HA HA HA... GOOD FOR YOU KIM.. SHOWED THE OLD FART CUEVAS THAT HINDI KA NA EASY EASY AT NATATAKOT SA KANILA WHEN IT COMES TO TRUTH. YOU ARE A WOMAN OF HIGH CALIBER AND WITH CONFIDENCE KAHIT SA MGA SAGOT MO PINAPA IMPRESS MO TALAGA AKO..

KUDOS TO YOU AND MAY THE LORD WILL GUIDE AND HELP YOU DIG THE TRUTH AND PUT CORONA IN THE SPOT LIGHT OF DISHONESTY AND UNTRUSTWORTHY HUMAN BEING.


Ito namang si Linda Jumilla

Ito namang si Linda Jumilla at si Tamayo – napaka bias nyo in favor of defense ‎team. Everytime na mapapanood ko kayo – palagi na lang na para bang lagi kayong ‎naka depensa sa defense team.‎

Like yesterday ng sinabi ni Linda Jumilla na halos lahat naman ng mga lawyers (both ‎prosecution and defense) may lawyers’ fee o wala ay may utang na loob sa kanilang ‎pinagtatanggol

Linda, at least ang pinagtatangol ng prosecution ay ang taong bayan at hindi itong si ‎Corona na tuta ni GMA at magnanakaw.‎

Kaya nga diba minsan kapag ikaw ay bibigyan ng regalo, nililibre man o favour, as ‎much as possible ayaw mong tumanggap o magpalibre dahil ayaw mo ng ‎magkaroon ng utang na loob.‎

Unless na sanay na sanay ka din na humingi kaya okay lang sa iyo na may kapalit ito ‎ay gamitin sa masama.‎


Linda Jumilla

Wow, Georgie - you and I have the same observation. Broadcast reporters should not display any bias towards anyone, and should be absolutely neutral.

red snapper

Cuevas is a senile old man.

Cuevas is a senile old man. Anyway, the prosecution have proven over and over again that Corona is a liar and a cheat. He is a corrupt man and not fit to be a CJ of this country.