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Monday, May 28, 2012

Will Corona’s wheelchair strategy succeed in misdirecting the public?

No Limitation
10:49 pm | Sunday, May 27th, 2012

Will Corona’s pitiful wheelchair scenario misdirect the public and Senator-Judges from the issue of his guilt?

Impeached Chief Justice Renato Corona is the latest Arroyo ally that has just joined her exclusive Arroyo Wheelchair Crowd (AWC).

In the interest of public welfare, the Filipino people need to be aware of a unique secret de facto organization which is composed of a few powerful and influential individuals who operate clandestinely. In their greedy pursuit of corruption money and of political and judicial power, they undermine the public good and risk the ruin of the country’s institutions.

What makes them unique? They are all associated with former President Gloria Macapagal Arroyo (GMA) or former First Gentleman Jose Miguel “Mike” Arroyo (FG). When they get caught with their pants or panties down or when overwhelming damning evidence of wrongdoing are presented against them, they consistently resort to the same pattern of strategy designed to misdirect the public and the court away from their guilt.

Knowing that many Filipinos are kindhearted, they utilize “awa” (sympathy) arguments or presentations. As an inherent part of their defense strategy, they present themselves as being seriously ill, get certifications from friendly doctors about their health, don the pained facial expressions of sick people, and always use wheelchairs and other props for added effects.

Operating secretly, AWC members have continuously engaged in the abuse of official power and in dark corruption schemes involving the immoral and illegal acquisitions of obscene sums of money. With their arsenal of huge sums of dirty money readily available to buy the favors of certain legislators, judges and officials, they are a powerful force to deal with.

Their unconscionable actions indicate absolute disrespect for the country’s institutions, the citizenry and a complete disregard for the future well being of Filipinos. Some of their most abhorrent transgressions against the present and future generations of Filipinos include conspiring with China’s officials in exchange for kickbacks.

In 2006, under GMA’s presidency, the Philippines entered into a treaty known as Joint Marine Seismic Undertaking (JMSU), which allowed Chinese exploratory ships to practically have access to every nook and corner of Philippine waters to test for oil and natural gas.

In 2008, Barry Wain, a researcher with Southeast Asian Studies in Singapore wrote in the respected Far Eastern Economic Review: “It (JMSU) was largely a sellout on the part of the Philippines. The Philippines has made breathtaking concessions in agreeing to the area of study including parts of its own continental shelf not even claimed by China or Vietnam.”

The Scarborough Shoals off Zambales were not even being claimed by China before this three year exploration by the Chinese was made. Now they have sent an increasing numbers of fishing and patrol boats in this area despite Philippine protests.

The Chinese indeed discovered enormous amounts of oil and natural gas in different areas which they have mapped and pinpointed. This is the background behind today’s big problem of China continually sending an increasing number of fishing and armed patrol boats in the Scarborough Shoal which now amounts to about 100 boats. Having them stay in the area without leaving is part of China’s bullying tactics to grab the Philippines’ marine and energy resources. China’s officials now even claim this area is theirs and Filipinos are the trespassers – adding insult to injury.

China’s absurd claim that the Han Dynasty owned the Philippines and its waters 2000 years ago — to justify its energy resources grab — is about as valid as Corona claiming that he is not obligated legally to declare millions of dollars in his bank accounts in his SALN report.

The purpose of the SALN law is for public officials to reveal all of their assets including dollar accounts which are unquestionably assets – to show that they are not engaged in corruption. The Chief Justice is being cute when he is caught having millions of hidden dollars who conveniently claims he does not understand the rationale or the spirit of the SALN law which requires that all assets be declared. Even a moron knows that U.S. dollars are assets. And why hide your money if you got it honestly?

Does anybody really believe his assertions that he has millions of dollars in deposits because of a frugal lifestyle and regularly saving part of his limited salary. The AMLC records indicate fresh deposits of 10 to 12 million dollars. He has presented no evidence to show that this is not true but simply denies it. He says he only has $2.4 million. Even that amount is too much for a person to legitimately accumulate who declares no other income and earns at his maximum less than $30,000 a year which already includes interest earnings.

His connection to the Arroyos is very much related to his impeachment trial. Among other things, the Arroyos are alleged to have used government money intended for farmers for election campaigns. Moreover, they propped up the murderous Ampatuan clan in exchange for these monsters rigging elections in vote-rich Mindanao. The Arroyos were involved in one questionable transaction after another including the notorious ZTE and Northrail projects.

GMA is now detained at the Veteran’s Hospital charged with various crimes including plunder and election fraud among other things. Her ace in the hole to assure her acquittal is to keep her midnight appointee and main protector Chief Justice Renato Corona in his position as Chief Justice. As such, she and her husband and the vast financial resources at their command are deeply connected to this impeachment trial.

Corona has consistently led other Arroyo appointed Supreme Court Justices in protecting the Arroyos’ interests over the interests of the Filipino people as indicated by his perfect record of decisions consistently favoring the Arroyos.

Last December, as a reaction to the Temporary Restraining Order (TRO) issued by Corona and other Arroyo appointed Justices against the Department of Justice’s hold order or travel ban against GMA — which would have allowed her and her husband to flee the country and avoid prosecution — one hundred eighty eight members of the House of Representatives justifiably filed the impeachment case against Corona.

Based on reliable surveys, eighty percent of Filipinos want Corona removed as Chief Justice. The twenty percent consists of those who do not want him impeached or have no opinion either way.

Among those who do not want him impeached are members of the Iglesia Ni Cristo (INC) who have held rallies against Corona’s impeachment. This religious sect has many good hardworking honest individuals – but is known as a group whose support on public issues is based more on political expediency than moral considerations. Corona’s lead Counsel Serafin Cuevas who sometimes exhibits some sparks of brilliance as a lawyer is a high ranking leader of the INC.

However, his constant relentless efforts to keep every piece of evidence introduced by the prosecution gave the public the impression that Corona has much to hide.

Ironically, the most damaging evidence against Corona which clearly established his guilt unwittingly came from the witnesses called by the defense — particularly the testimony of Ombudsman Conchita Morales and the record of his enormous dollar deposits she acquired from AMLC which the defense panel did not anticipate.

After these very damning evidence produced by Morales became public and part of the record, Corona was left with no other alternative but to appear in court to explain himself. Did he utilize the AWC model modus operandi directive which is illustrated as follows?

“When caught with your hands in the cookie jar and faced with overwhelming evidence of your guilt – misdirect the public from the real issue. Get public sympathy. Filipinos are very “maawain”. Put on an act that you are very weak and wear a pained face that make you appear as being very sick. Use a wheelchair and whatever other props you can to reinforce that impression. Have your doctor friends back up your claim.

Finally, deny any guilt and claim that you are being unjustifiably persecuted by your enemies for political reasons and that you and your innocent family members have already suffered much. Occasionally shed a few tears in between your sad statements pausing now and then for dramatic effects. Practice your performance.”

Which of the Arroyos legal advisers devised this wheelchair strategy? Let’s look at some of the members of the AWC and how they have consistently utilized this strategy:

Former First Gentlemen Mike Arroyo – He pleads sickness and gets excuse letters from his doctors to avoid appearing whenever the Senate summons him to answer critical damning questions. Newspapers and TV accounts show him in a wheelchair during those times.

Jocelyn “Jocjoc” Bolante – Former Undersecretary of Agriculture accused of using fertilizer funds for election expenses for GMA and her followers. He was deported from the U.S. where he fled and came off the plane in a gurney with his right hand over his heart and a pained expression of illness on his face. He was brought to St. Luke’s Hospital where he was seen repeatedly seating on a wheelchair. His “illness” turned out later to be pure “moro-moro”.

General Carlos P. Garcia – GMA man accused of massive corruption in diverting armed forces funds to his personal accounts. Again, he used a wheelchair during public appearances and wore the pained illness look on his face.

Former Transportation Secretary Leandro Mendoza – Charged with graft by the Ombudsman for his role in the ZTE deal with China, he appeared in court on a wheelchair with his lawyer claiming that he suffered a stroke and that he could not talk.

Former President Gloria Macapagal Arroyo (GMA) – Tried to escape from the Philippines and rushed to the airport on a wheelchair. She also wore a device that propped her head up and donned a pasted constant “nakakaawa” expression on her face. Her doctor claimed that she absolutely needed to be treated abroad. Independent doctors affirmed that this was not necessary as there are competent doctors in the Philippines who can attend to her condition.

The latest member of the AWC is Chief Justice Renato Corona.

Point for point, without missing a heartbeat, he masterly executed the “wheelchair” defense formula described above. He also was able to wrangle the following unusual privileges from the court which elates his lawyers:

1. He was able to get the Impeachment Court courtesy of the Presiding Senator – to deliver an essentially political speech for three hours and with the Presiding Senator not allowing any objections from the prosecution panel. He blamed President Aquino for his being subjected to impeachment saying that this is an act of revenge against him as a result of the Supreme Court decision on Hacienda Luisita.

He also claimed he is being prosecuted because Aquino wants to be a dictator. Of course, he kept silent about his relationship with GMA. He denied any wrongdoing.

(Corona’s huge problem is that a very huge majority of Filipinos do not believe him. They see him as an Arroyo stooge.)

2. He was able to get off the witness stand and walked away very briskly after his oratory thus successfully avoiding being cross examined.

3. Then came what appeared to be classic AWC “wheelchair” strategy. He then went back to the court showing a totally different physical appearance from the man who briskly walked out ramrod straight. He was now seating on a wheelchair with the weakened pained look of a dying man with eyes almost closed and body slumped like a wet rug. His lead counsel claimed he was suffering from hypoglycemia (low blood sugar) and used this reason as an excuse for his walking out.

Many who watched the trial which I presume included many doctors who observed his speech and actions before he stood up and walked briskly away – will affirm that he did not exhibit hypoglycemia symptoms nor that he seemed dizzy before energetically walking away. Independent observers conclude that he did not suffer hypoglycemia or any other attack of some kind of illness before he walked out. Observing repeated replays of his spech and walkout appear to support their conclusions.

4. He had himself confined at the Medical City Hospital after with his faithful spokesman Midas Marquez claimed that he was at risk of having a heart attack. He then came back to court two days after again wearing that very weak sick man look and leaning on the shoulder of his wife. His eyes were closed shortly after he is sworn in. The Presiding Senator asked him if he was all right and if he could continue with the hearing. He mumbled: “I’m still weak but I will try my best.”, sounding quietly heroic and wearing that now constantly pained sick man look on his face.

He was again able to get the Presiding Senator to allow him to continue with more political oration without allowing objections from the prosecution – with him pausing dramatically at times and quietly sobbing. He then announced that he was signing a waiver allowing the disclosure of his dollar bank accounts without conditioning 188 Congresspersons and Senator Drilon to sign it.

In a disturbing way, he was mocking the people and the court’s intelligence as he knew that at this late stage of the game, the waiver is as useful to the prosecution and Impeachment Court as a radio to a deaf person.

Sure enough, after a brief caucus with the Senator-Judges, the Presiding Senator announced that the Court could not use the waiver for technical reasons. Also, no more time was left for the prosecution to summon bank officials and records as the court was working on a deadline. The prosecution would instead rely on the veracity of the AMLC records submitted by Ombudsman Conchita Morales.

(Unwittingly, Corona’s late submission of an unconditional waiver might later come back to haunt him. The Ombudsman, the BIR and the Department of Justice could very well legitimately use this to file appropriate charges against him.)

5. Very noticeably, he appeared to have no health problems when he gave very vigorous loud voice answers to the questions propounded by the Senators even if highly irrelevant at times and consisted of more appeals on public sympathy such as giving a trembling voice narrative on how his 9 year old grandson suffered because of the supposedly false accusations against him.

After answering questions from five Senators, Cuevas whispered something to him after which Cuevas asked the Presiding Senator if his client could be discharge as he was now feeling weak. There were still some Senators who wanted to ask questions but the presiding Senator granted the request. Corona stepped off the witness stand reverting instantly again to the “sick man” look and indicating the movements of an ailing person.

Corona and his family also engaged in a display of reconciliation with the Basa family members in full view of the public and the media.

In the U.S. where I have been practicing law for more than thirty years, when the evidence of wrongdoing by a defendant is very heavy, as a matter of last resort, the defendant tries to get the jury’s sympathy by trying to show that he or she was an abused or unwanted child or that he suffered from extreme poverty. By so doing, he hopes to take the jury’s focus from the evidence and issues at hand. Some even feign insanity to create the impression that he (or she) did not know what he was doing. Judges and jurors are very aware that defendants are desperate enough to try anything to escape the very serious consequences of conviction.

These tactics sometimes work but very rarely as members of the jury often sense if the defendant is trying to pull a fast one and misdirect their attention from the evidence indicating his guilt.

I leave it to those who have observed the trial to determine whether or not Corona was engaged in trying to fool the Impeachment Court and the public or not – and whether or not he was putting on an act of being seriously ill to misdirect the focus from his guilt and instead gain public sympathy.

Survey results indicate that eighty percent of the public (who in a real sense are acting like jurors here) – believe that Corona is not morally fit to remain as Chief Justice. I doubt that this “wheelchair” scenario will alter their opinions.

The huge majority of the public who want him removed is more concerned about the Senator-Judges decisions. Based on their line of questioning, tone of voice, facial expressions and body language – some are obviously GMA allies or supporters or else, are against President Aquino and for any of these reasons will vote for Corona’s acquittal. Aware also that some politicians are for sale, people are asking in their minds how many of the Senators have already sold their votes in exchange for the right price.

After watching the trial and looking at the totality of what was presented by both sides, the only real questions that need to be answered are: Is the accused morally fit to remain as Chief Justice? Is it good for the country and the people to retain a Chief Justice who has lost credibility and repeatedly protected the interests of a discredited former president and her husband over that of the people?

Dishonest Senator-Judges will avoid asking themselves these questions. Like many, I have serious doubts that Corona will be ousted. I hope I am wrong. The Senators have been given the sacred role of protecting the people from high ranking officials who abuse their power. Providing an Impeachment Court in the Constitution is the mechanism for this process. But given that we have a long history of dishonest leaders constantly repeatedly betraying us because of selfish greedy interests and observing the telling behavior of the number of certain Senators who are more intent in concealing or excluding revealing relevant evidence indicating wrongdoing – it might be an exercise of futility to rely on an impeachment system that is doomed to fail because of the Philippines’ distorted political culture. What then should the people do to effectively remove leaders and officials who betray them?

Even if I no longer live in the Philippines, my heart breaks when I see so many young innocent perhaps very intelligent and talented children – digging into smelly garbage cans for scraps of food – condemned to a life without a decent future.

Corrupt officials, judges and politicians, blinded by their greed and lust for power, fail to see that they are directly responsible for this terrible injustice. Perhaps we all are also responsible in one way or another especially when we fail to recognize our obligation to be true to what is right instead of doing what good we can do.

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