Wife's appointment dims Corona record

Renato Corona is almost sure to be the next Chief Justice. People are reviewing his record, especially in relation to the most hated President. An Oct. 2008 Newsbreak tally of Supreme Court rulings showed Corona to be the most pro-Gloria Arroyo justice. Appointed in Apr. 2002, he had voted in Malacañang’s favor in 15 of 18 controversial cases in the next six-and-a-half years. Examples:

• Hello Garci — In Frank Chavez v Raul Gonzalez the majority ruled that wiretaps of Arroyo and Comelec’s Virgilio Garcillano rigging the 2004 election may be played in public. Corona dissented.

• ZTE deal — In Romy Neri v Senate Blue Ribbon majority upheld Neri’s alibi of executive privilege to conceal conversations with Arroyo about the $330-million scam. Corona concurred.

• JPEPA secrecy — In Akbayan v Thomas Aquino majority upheld the secrecy of Palace negotiations of a pact with Japan that reportedly included dumping industrial waste in RP. Corona concurred.

• MOA-AD in Muslim Mindanao — In North Cotabato v GRP majority declared unconstitutional Malacañang’s grant of territory and sovereignty to Moro separatists. Corona dissented.

• Romualdez exoneration — Reversing itself 8-4 the Court ruled that Arroyo ally Kokoy Romualdez can no longer be prosecuted for holding two paid government posts under brother-in-law Ferdinand Marcos. Corona concurred. Romualdez’s congressman-son Martin is Arroyo’s Lakas-Kampi senior-VP who took the rap for her lavish P1-million dinner in New York last year.

• People’s Initiative — In 2006 majority struck down Arroyo’s signature drive to switch the Constitution to parliamentary. Corona dissented.

• PEA-Amari land case — Majority voided the reclamation that let a private firm acquire alienable land of the public domain. Corona initially concurred, then dissented when the Court dismissed the motions for reconsideration.

Since the Newsbreak scoreboard, Corona has decided three more times for appointer Arroyo, upping his record to 18 pros in 21 cases. These are:

• Daniel Smith case — In Suzette Nicolas v Alberto Romulo majority upheld the validity of the Palace-backed Visiting Forces Agreement and the rape indictee’s detention inside the U.S. Embassy. Corona concurred.

• Radstock scam — Last Jan. majority voided the sinister transfer by Arroyo agents of P10.7 billion in government-held PNCC assets to a British Virgin Islands shell company. Corona dissented.

• Cabinet men running for office — Last Dec. in Eleazar Quinto v Comelec the Court at first allowed Cabineteers who are election candidates in May 2010 to retain their appointive posts. Last week the Court reversed itself, stating they were deemed resigned upon filing of candidacy. Corona voted with the majority in the initial ruling and against it in the reversal. Quinto is the son-in-law of a close Arroyo aide.

The Constitution requires every member of the Judiciary (to) be “of proven competence, integrity, probity and independence.” The Judicial and Bar Council must have seen all this in Corona in vetting him for justiceship. Before Arroyo appointed him to the High Tribunal, Corona was her Vice Presidential chief of staff and spokesman, then Presidential chief of staff and acting Executive Secretary. Still a person can grow into the job and detach himself from his appointer. So it can be said that Corona, in voting pro-admin in 18 of 21 big cases, was simply following his conscience.

But there’s a pesky item. Corona’s wife Cristina is an official in the executive branch. Soon after Corona became justice in 2002, Arroyo made Cristina a board director of John Hay Management Corp., a subsidiary of the Bases Conversion Development Authority. In Mar. 2007 she promoted her to chairman-president. Cristina functions as CEO and COO.

How Cristina came to hold all the positions shows her clout with the President. As JHMC director she refused to sign any of the board minutes but regularly drew her per diem. When she rose to chairman-president she withheld the minutes from the directors’ ratification, then created and filled up high managerial positions without board assent. The assistant corporate secretary and internal auditor reported cases of misconduct. Managers swore about being ordered to deliver office equipment to her (two mobiles, three PDAs, a laptop, and a copier-printer-scanner-fax, but refusing to sign receipt. The directors confronted Cristina in June 2007. Arroyo ordered all of them to resign and retained Cristina as chairman-president. Since then the Baguio mayor and congressman have complained about her firing their constituents in violation of a city council resolution. The Commission on Audit has red-flagged unnecessary expenses incurred by her holding extra office in Quezon City instead of Baguio. She remains at the top of JHMC.

His wife’s executive rank puts Corona’s independence in question. The Judicial Code of Conduct forbids judges from letting family and social ties from influencing their conduct and decisions. The prestige of judicial office may not be used or lent to advance private interests, especially those of family members. Judges and family members may not solicit or accept any gift, bequest or favor in connection with performance of judicial duty.

Stretching the imagination, one may say that Corona does not let his wife’s executive position get in the way of independent judicial rulings. Still, the Code specifically states that judges shall not only be free from inappropriate connection with or influence by the executive and legislative, “but must also appear to be free therefrom to a reasonable observer.”

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“To speak the truth with courage is to overcome all lies. If you fail to speak the truth, you give more room for lies.” Shafts of Light, Fr. Guido Arguelles, SJ

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