Enrile quizzes defense, prosecution on 'culpa'
“What is culpa?” Enrile asked the two parties.
Lead defense counsel Serafin Cuevas, who seemed unsure of his answer, said, “Maybe I was absent when it was discussed in school.”
“That's your bad luck,” Enrile replied.
Prosecutor Ilocos Norte Rep. Rudy Farinas stepped in and answered that culpa is a “willful and intentional violation” of the law.
The senate president sitting as presiding officer pointed out that “culpa” is material in considering the Constitutional provision requiring the truthful disclosure of statement of assets, liabilities and net worth.
“If complete SALN declaration is a command, does disobedience to it constitute a culpable violation?
The defense team has insisted that Chief Justice Renato Corona, who is accused of untruthful disclosure of his SALNs, acted on “good faith” when he did not declare his dollar accounts.
The defense said Corona merely relied on the absolute confidentiality guaranteed by laws on banking secrecy and foreign currency deposit units, and was not trying to hide his assets. Enrile, however, said depositors can voluntarily disclose their dollar accounts without suffering from penalty.
“What injury will be caused if a public officer with foreign currency deposits would declare that deposit in his SALN?
“We are forgetting that the law allows exposure of foreign currency deposits if the depositor himself would do it,” he said.
Enrile added that third parties, such as banking institutions, are the ones prohibited to reveal foreign currency deposits and not the depositors.
But Cuevas said declaring dollar deposits may put government official at risk of kidnapping or extortion... wheeeeiiy!!
Conclusion: If the Senator-Judges got JPE's interpellation of Cuevas we can expect a unanimous or overwhelming vote of guilty.