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CONJUGAL ETHICS: JUDICIAL SUBSERVIENCE AND THE SPOUSES CORONA

Background

Associate Justice Renato C. Corona was appointed to the Supreme Court on April 9, 2002. Corona joined the Supreme Court as the second appointee of President Arroyo after Justice Antonio T. Carpio.

Prior to his appointment to the Supreme Court, Corona served as Deputy Executive Secretary and later Presidential Legal Counsel and member of the Cabinet of former President Fidel V. Ramos.

After the term of President Ramos ended in 1998, Justice Carpio recommended the jobless Corona to be the Chief-of-Staff and Spokesperson of then Vice-President Gloria Macapagal-Arroyo. The vacancy he filled occurred after a jealous First Gentleman Jose Miguel Arroyo had a falling out with his wife’s former Chief-of-Staff Willie Villarama.

After Arroyo assumed the presidency on January 20, 2001, Corona became her Presidential Chief of Staff, Presidential Spokesman and later as Acting Executive Secretary. As a manifestation of his fierce loyalty to Arroyo, Corona, who is an avid gun aficionado, patrolled the palace grounds during the EDSA 3 siege with an Uzi hanging from his neck.

Corona is married to Ma. Cristina Roco Corona, currently the Officer-in-Charge (OIC) of the Office of the Chairperson and Chief Executive Officer (CEO), as well as President and Chief Operating Officer (COO) of the John Hay Management Corporation (JHMC), a wholly-owned subsidiary corporation of the Bases Conversion Development Authority (BCDA), a government-owned-and-controlled corporation created under Republic Act No. 7227.

After Corona joined the Supreme Court, Mrs. Corona became Chairman and President of the JHMC, pursuant to a desire letter issued by President Arroyo dated March 23, 2007 (Tab A).

Shortly after assuming her well paying job, a squabble ensued in the JHMC Board. It came to a point when other JHMC members wrote to Arroyo to complain about the actions of Mrs. Corona in JHMC. The result of their complaint was that they were asked to tender their courtesy resignations, upon instructions from President Arroyo. This was a clear message to all that Mrs. Corona is untouchable in the JHMC Board. More on this later.

On July 12, 2007, President Arroyo issued two separate desire letters for the election of Mrs. Corona as OIC, Office of the Chairman of the JHMC Board and as Board Member and President of the JHMC (Tabs A-1 and A-2).

Judicial Code of Conduct

It is fundamental that a member of the judiciary must be a person of “proven competence, integrity, probity and independence.”1

1 § 7(3), Article III of the 1987 Constitution.

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Any deviation from these exacting standards warrants reproof and sanction.2

Of these standards, independence is recognized as a “pre-requisite to the rule of law” and a “fundamental guarantee of a fair trial” under Canon 1 of the New Code of Judicial Conduct for the Philippine Judiciary recently adopted by the Supreme Court3which took effect on June 1, 2004:

“CANON 1 INDEPENDENCE

Judicial independence is a pre-requisite to the rule of law and a fundamental guarantee of a fair trial. A judge shall therefore uphold and exemplify judicial independence in both its individual and institutional aspects.”

Accountability of magistrates is important to maintain an independent judiciary. It ensures that Judges, including Supreme Court Justices, observe at all times the New Code of Judicial Conduct, a code whose norms spell out clearly how members of the judiciary should act with probity and integrity. Accountability allows litigants and the public to expose, through administrative complaints, acts of magistrates that fall short of the standard of ethical behavior expected of members of the bench.

How to land a well paying job in a GOCC How to bribe a Supreme Court Justice

Corona’s position as a Supreme Court Justice clearly secured for his wife her plum position in the JHMC, a GOCC under the Executive Department headed by President Arroyo. Mrs. Corona’s job was ensured through specific instructions of Arroyo expressed through several desire letters issued to the BCDA to ensure the election of Mrs. Corona to several positions in the JHMC.

The New Code of Judicial Conduct provides:

“Judges shall not allow family, social, or other relationships to influence judicial conduct or judgment. The prestige of judicial office shall not be used or lent to advance the private interests of others, nor convey or permit others to convey the impression that they are in a special position to influence the judge.” [Sec. 4, Canon 1; emphasis and underscoring supplied]

“Judges shall not use or lend the prestige of the judicial office to advance their private interests, or those of a member of their family or of anyone else, nor shall they convey or permit others to convey the impression that anyone is in a special position improperly to influence them in the performance of judicial duties.” [Sec. 8, Canon 4; emphasis and underscoring supplied]

The New Code of Judicial Conduct further provides that it is unethical for a magistrate and members of his family to ask for or receive any gift in exchange for any act done or to be done by the judge in the course of his judicial functions:

2 Flaviano B. Cortes vs. Judge Emerito M. Agcaoili, A.M. No. RTJ-98-1414, August 20, 1998. 3 Administrative Matter No. 03-05-01-SC (New Code of Judicial Conduct)

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“Judges and members of their families shall neither ask for, nor accept, any gift, bequest, loan or favor in relation to anything done or to be done or omitted to be done by him or her in connection with the performance of judicial duties.” [Sec. 8, Canon 4; emphasis and underscoring supplied]

“Judges shall not only be free from inappropriate connections with, and influence by, the executive and legislative branches of government, but must also appear to be free therefrom to a reasonable observer.” [Sec. 5, Canon 1; emphasis and underscoring supplied]

Only a biased observer will not see the improper connections made when Mrs. Corona was given her job in JHMC by President Arroyo. The JHMC is a GOCC under the Executive Department headed by President Arroyo. It is clear that the election of Mrs. Corona in JHMC as its highest management officer is clearly an act of bribery intended to secure the vote of Justice Corona in the Supreme Court.

In a similar case, the Supreme Court found it unethical for the judge to allow his daughters to accept the business offer of persons who have a pending case before the judge’s court:

“The New Code of Judicial Conduct for the Philippine Judiciary prescribes that judges shall ensure that not only is their conduct above reproach, but that it is perceived to be so in the view of a reasonable observer. Thus, judges are to avoid impropriety and the appearance of impropriety in all their activities. Likewise, they are mandated not to allow family, social or other relationships to influence judicial conduct or judgment, nor convey or permit others to convey the impression that they are in a special position to influence the judge. The Code clearly prohibits judges or members of their families from asking for or accepting, any gift, bequest, loan or favor in relation to anything done or to be done or omitted to be done by him or her in connection with the performance of judicial duties. Respondentjudge failed to live up to these standards. Despite knowledge of Onofre and Mariano's intentions in offering the business to his daughters, respondent judge allowed his daughters to accept the offer of business partnership with persons who have pending cases in his court.” (Emphasis and underscoring supplied)4

Justice Corona should be held to even higher standards because he is an Associate Justice of the Supreme Court and presently seeking an appointment as Chief Justice of the Supreme Court.

Justice Corona Delivers

Since joining JHMC, Mrs. Corona has been receiving a substantial salary aside from other perks of the job, including cars and various travel opportunities. In exchange, the voting record of Corona in the Supreme Court indicate an unmistakable pattern of favoring Arroyo in cases brought before the court challenging her policies and actions. Clearly, Mrs. Corona’s job as the highest executive officer in JHMC serves as the bribe to ensure that Justice Corona remains in the pocket of President Arroyo.

4 Dulay v. Lelina, A.M. No. RTJ-99-1516, 14 July 2005

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Here are only some of the most familiar cases where Corona consistently protected the interests of Arroyo:

1. Hello Garci. In Francisco Chavez vs. Raul M. Gonzales, G.R. No. 168338, February 15, 2008 wherein the Supreme Court held that the “Hello Garci” tapes can be aired, Justice Corona dissented.

2. ZTE Scandal. In Romulo L. Neri vs. Senate Committee on Accountability of Public Officers and Investigations, Senate Committee on Trade and Commerce, and Senate Committee on National Defense and Security, G.R. No. 180643, September 4, 2008, Justice Corona voted with the majority holding that Secretary Neri’s invocation of executive privilege was valid in connection with the NBN-ZTE deal.

3. JPEPA and Executive Privilege. In Akbayan Citizens Action Party, et.al. vs. Thomas G. Aquino, G.R. No. 170516, July 16, 2008, Justice Corona ruled with the majority and held that communications regarding the JPEPA are covered by executive privilege and may not be disclosed to the public;

4. MOA AD for Muslim Mindanao. In The Province of North Cotabato vs. The Government of the Republic of the Philippines Peace Panel on Ancestral Domain, G.R. No. 183591, October 14, 2008 wherein the Supreme Court held that the Memorandum of Agreement (MOA) on Ancestral Domain for the Bangsamoro Juridical Entity was declared unconstitutional, Justice Corona registered a dissent.

5. Daniel Smith Case. In Suzette Nicolas y Sombilon vs. Alberto Romulo, G.R. No. 175888, February 11, 2009, Justice Corona voted with the majority and upheld the validity of the Visiting Forces Agreement and ordered the Philippine Government to transfer Daniel Smith involved in the controversial Subic rape case to a Philippine detention facility;

6. Radstock Case. More recently, in Strategic Alliance Development Corporation vs. Radstock Securities Limited and Philippine National Construction Corporation, G.R. No. 178158, December 4, 2009 wherein the Supreme Court declared void the compromise agreement between the Philippine National Construction Corporation and Radstock Securities Limited, preventing the surrender to the latter of government interests in the amount of P17.7 Billion, Justice Corona dissented and voted to recognize and declare valid the aforementioned compromise agreement.

The Untouchable Mrs. Corona

To repay the continuing loyalty of Justice Corona, President Arroyo has protected Mrs. Corona at the JHMC despite several complaints of irregularities from her fellow Board members, as well as from the Management and rank-and-file employees of the JHMC.

In a resolution passed by the Board of Directors of JHMC, Mrs. Corona’s election as Director and President was withdrawn because of acts of misconduct and negligence, including, among others: (1) refusing to approve the minutes of previous board meetings, (2) ordering revisions to the minutes of previous board meetings which do not accurately reflect the real transactions that transpired in said meetings, (3) creating a plantilla position and appointing a person to occupy the same despite

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the fact that said position was not part of the official organizational set-up of the JHMC and despite the ban on appointments mandated by law prior to the 2007 elections, and (4) appointing an Acting Corporate Secretary unilaterally and without board approval, despite the fact that the position of Corporate Secretary was not vacant during the appointment. (Tab B).

In a Position Paper submitted by the JHMC Management Team to the JHMC Board of Directors, it was also pointed out that Mrs. Corona initiated a regime of ordering the preparation of numerous materials and folios for her own consumption which adversely affected the work schedule of employees and officials. She also disrupted the official Levels of Signing Authority needed to authorize acts of JHMC and its officials. Because of the resulting confusion, adverse consequences have occurred, to the detriment of JHMC’s interests. She also granted benefits to her Head Executive Assistant not provided under the JHMC Charter and not granted to any other employee, as well as refused to follow official auditing and accountability rules when she repeatedly failed to sign acknowledgement receipts for public properties in her custody. A copy of the Position Paper prepared by the JHMC Management is attached herewith as (Tab C).

Instead of acting upon the complaints against Mrs. Corona, President Arroyo instructed all members of the JHMC to tender their courtesy resignations immediately.

After the resignations, Mrs. Corona was retained and even promoted after President Arroyo expressing her desire for Mrs. Corona’s election as OIC Chairman of the JHMC Board.

A Retired CA Justice Puts It On Record

The resignation letter of retired Court of Appeals Justice Teodoro Regino from the JHMC Board of Directors is quite revealing (Tab D):

“20 June 2007

Her Excellency President Gloria Macapagal-Arroyo Malacañang Palace, Manila

Dear Mdm. President:

In a brief directors meeting of John Hay Management Corporation (JHMC) called by BCDA Chairman Aloysius Santos last June 12, 2007, we were made to understand that the existing corporate problem at JHMC, brought about by the misconduct of our Chairman and President, was tossed to your Excellency for solution and that thereupon we were told that it was your desire for us Directors to tender our ‘courtesy’ resignation. As we in the public service do not question your prerogatives, the directors present readily accomplished identical resignation letters, all couched in the same language.

The undersigned, however, opted to submit an extended separate proffer or offer of resignation for I find it necessary to stress the antecedent root cause of the matter.

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In brief and compact form, JHMC Management, supported by the rank-and-file employees, charges Chairman & President Ma. Cristina Corona of numerous and serious administrative offenses cited in the JHMC Resolution No. 2007-05-38, copy of which, as well as the supporting letter, are hereto attached for ready reference. The aforestated Management charges, styled as Position Paper and signed by all the Division Managers (except those on leave), is likewise attached and made an integral part hereof. The Asst. Corporate Secretary, as well as the Internal Auditor, also submitted to the Board their respective written complaints, copies of which are hereto attached. Mdm. President, disharmony and distrust had already dissipated and even destroyed the energy of Management and already lead to an atmosphere of uncertainty and inaction at the top level, endangering the accomplishment of JHMC’s vision and mission.

The facts being as stated, JHMC Board, as it is within its power and duty as a matter of administrative procedure, decided to meet and look into the matter, resulting in the adoption of said JHMC Resolution No. 2007-05-38, requesting BCDA to designate in the meantime an Acting Chairman. Unfortunately, instead of resolving JHMC Board request, BCDA Chairman Santos, without even attempting or initiating an inquiry/amicable settlement of the matter, threw the whole thing to your Excellency for solution.

Your Excellency, it is my honest belief that you may have not been fully briefed beforehand of the problems for had you known the root cause thereof, I am sure the request to tender a ‘courtesy’ resignation will be directed to the JHMC Chairman & President alone. To ask all the JHMC Directors to resign without inquiry is tantamount to penalizing them for doing their corporate duty. Mdm. President, contrary to the reports that may have been conveyed to you the action of the JHMC Board was triggered by our sincere desire to avert the impending danger to the corporation’s plans and programs. While it is within her Excellency’s authority to nominate as well as replace JHMC’s Board, we simply want to exercise the duty of directors under the Corporation Code and thus shield you from the embarrassment and inconvenience of having to deal with this internal problem.

Be that as it may, I am also tendering my resignation as a member of the Board of Directors of John Hay Management Corporation (JHMC) effective upon acceptance. It has been an honor serving your administration and the constituents of Baguio City.

Very respectfully,

(Sgd.)TEODORO P. REGINO

Director”

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Throwing her weight around while the stink is put on the JHMC Corporate Records

JHMC’s Assistant Corporate Secretary Atty. Myrna N. Agno also wrote a letter to the JHMC Board complaining that the minutes that she prepares after every board meeting are being modified by Mrs. Corona without the Board’s knowledge. Worse, these modifications deviate from what had actually transpired during the board meetings. This accusation is quite telling since this constitutes criminal falsification.

As a result of Mrs. Corona’s conduct, the Assistant Corporate Secretary even asked the Board of Directors to allow her to withdraw her signature from the minutes which, according to her, do not reflect the board’s transactions and, as such, cannot be authorized by her if she is to comply with her duties.

The Assistant Corporate Secretary also expressed outrage at the fact that Mrs. Corona has leveled charges of unprofessionalism against her in front of the members of the Board of Directors allegedly because she would include in the minutes of board meetings matters which were not part of the agenda for that meeting.

However, as the Assistant Corporate Secretary explained, matters discussed during the meetings are naturally recorded and transcribed by her, especially because the tackling of matters outside the agenda is for the members of the Board of Directors to decide on as they see fit. This is clear from letter dated July 20, 2007 by Atty. Myrna N. Agno, Assistant Corporate Secretary of JHMC addressed to the JHMC Board (Tab E).

The stink envelops Baguio City

The arbitrary, unilateral and unreasonable acts of Mrs. Corona as President and Director of the JHMC even prompted the City Mayor of Baguio to intervene in what would otherwise be considered an internal matter for the corporation.

In a letter to President Arroyo on 25 July 2007 (Tab F), Mayor Reinaldo Bautista of Baguio City expressed his desire to continue working with the JHMC Management Team with whom Baguio City officials have closely collaborated for the past several years particularly in connection with projects for the benefit of the people of Baguio City. Mayor Bautista, writing on behalf of Baguio City, protested to the President Arroyo Mrs. Corona’s move to replace the members of the JHMC Management Team, in violation of the terms of City Council Resolution No. 362 which protects the security of tenure in the JHMC of local residents occupying key positions in the corporation.

The COA Audit Report

With President Arroyo backing her every move, instead of holding office in JHMC in Baguio City, Mrs. Corona prefers to hold office in St. Ignatius Village in Quezon City. Documents from JHMC offices in Baguio City are brought to her as she is seen more often in the Supreme Court rather than in the JHMC office in Baguio City.

In the State Auditor’s Report on the Financial Statements of JHMC as of December 31, 2007, Item 7 of the Comments and Observations of the Commission on Audit (COA) stated that a JHMC office was set up in Manila by Mrs. Corona despite the

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fact that all business operations of JHMC are conducted in the principal office and place of business, which is in Baguio City, as a result of which, unnecessary expenses totaling P690,183 was incurred by JHMC. (Tab G).

Until now, Mrs. Corona still holds the position of Chairman and Member of the JHMC Board, and as President and Chief Operating Officer of the JHMC, positions which she holds, at the pleasure of President Arroyo.

In an attempt to cover up this unethical conjugal arrangement while Justice Corona seeks the Chief Justice post, Mrs. Corona supposedly offered to go on indefinite leave from the JHMC. She cannot even will herself to resign. However, as expected, her desire was not granted with the rejection of her application by the present JHMC Board on grounds that she is needed in on-going crucial negotiations, as disclosed by an official who asked not to be identified.5

One can only wonder what the subject of these crucial negotiations are.

5 Corona’s wife becomes a target, opts to take a leave, Manila Standard Today, February 16, 2010.