THE IMPEACHMENT TRIALS – DAY 22, FEB. 22, 2012
SELECTIVE JUSTICE…IMPEACHING A MAN FOR THE “SINS” OF 8?
by Wilfred Avila
Originally posted at Noisy Minority

A pleasant sight to see at the Senate Halls yesterday as they did The Defense Chronicles were Leslie Bocobo and Camille Zamora. They added color to the otherwise drab black and white colors we normally see at the hearings. They seem to have found their niche in producing the The Defense Chronicles. Congratulations to you both and, of course, the many silent people behind the project. It is truly enlightening.

Of course, my friend Bel Belinda Olivares-Cunanan is a daily fixture at the Senate keeping track of the events as they unfold. The same goes for former Senators Kit Tatad and Ernesto Maceda. What is interesting to note is the diminishing number of people who attend the hearings. I am speaking here of the highly visible number of Congressmen who attend the hearings daily. Could the call of Representative Mitos Magsaysay have anything to do it? It will be recalled that she called on her fellow Representatives to do their job in the house and stop being mere spectators at the Senate. Noteworthy is the number of High School and College students who flock daily to the Senate for the hearings. A learning experience indeed.

Meanwhile, the minority bloc in the House of Representatives said Wednesday it is considering filing an ethics complaint against Oriental Mindoro Representative Reynaldo Umali and Quezon City Representative Jorge Banal for possessing bank documents of Chief Justice Renato Corona. Quezon Representative Danilo Suarez, the Minority leader, said they will firm up their decision in a caucus on Monday.

“We are considering that. They practically violated the laws on bank secrecy by mere possession of the document, and as lawmakers, they carry the reputation of the House and it’s not good for the House,” Suarez said in a phone interview. Umali told the Senate impeachment trial that a “small lady” whose existence he admitted he could not prove handed him the bank documents in an envelope. Banal, on the other hand, claimed his copy was slipped under the gate of his home.

The bank records were used by the prosecution team in the ongoing impeachment trial of Corona as evidence that he was not truthful in his declaration of his wealth in the Statement of Assets Liabilities and Net worth. Asked for his reaction, Umali said it is the minority’s prerogative to file a complaint. “That would be unfortunate but that’s within their prerogative. I hope they will not violate my right and damage my integrity or credibility because they may be made liable therefore under Article 19 of the Civil Code among other laws,” Umali said in a text message.

Now, here’s a man who talks of HIS rights and quite nonchalantly forgets the rights of others. Is this selective justice?

Today’s hearings started at 2:30pm with 20 Senator-Judges in attendance.

As soon as it started, Senator-Judge Miriam Defensor-Santiago spoke on the due process and equal protection clauses of the Constitution’s Bill of Rights. She was particular about the Impeachment Court’s denial of the presentation of the Philippine Airlines’ Vice-President’s testimony.

Santiago underlined that she supported the court’s denial of the testimony of the PAL VP. She reminded everyone that the accused should be informed of the accusations against him, and that the court cannot admit testimony or evidence of any witness regarding an allegation not in the complaint. She drew parallelism between this trial and that of former president Joseph Estrada’s impeachment hearings in 2001. We noticed that Senator-Judge Jinggoy Estrada was all ears as the feisty lady senator was speaking.

Prosecutor-Congressman Representative Giordigi Aggabao took the floor and manifested on the “proffer of proof” and continued to say that PAL VP for sales was the last witness in connection with the FASAP case covered in Article III.

Aggabao announced that they will no longer be presenting evidence and witnesses related to the three remaining charges in Article III: The “excessive entanglement” with former president Gloria Arroyo; the alleged use of public funds for personal use; and the alleged discussion of cases with litigants. He clarified that the prosecution was “waiving, excising” the said portions of the article since there was no longer need for them.

Senator-Judge Joker Arroyo asked whether the private Prosecutor during the previous day’s trial was present and was told that he wasn’t. We failed to note the importance of this. He further asked whether that private prosecutor as, in fact, the FASAP lawyer as well.

Senator-Judges Francis Escudero and Santiago asked whether the prosecution was dropping all other charges and actually closing Article 3 of the complaints. Prosecutor-Aggabao reiterated the prosecution’s position and said that Article 3 was closed with finality. Aggabao informed the court that they were ready to move on to Article VII – that the respondent betrayed the public trust through his partiality in granting a temporary restraining order in favor of former President Arroyo even without life and death urgency and even without all conditions set by the Supreme Court being met.

Senator-Judge Enrile also clarified what the prosecution will do with Articles IV, V, and VI, and Representative Niel Tupas reiterated the earlier proposed sequence submitted by the prosecution and agreed to by the court.

Prosuctor Representative Neri Colmenares laid the “road map” for Article VII. Lead Prosecutor Serafin Cuevas objected to the manifestation but Presiding-Judge Enrile clarified that the prosecution was only laying a summary of what they will be presenting in Article VII.

Prosecutor Representive Raul Daza handled the chores for the prosecution and called their first witness, Department of Justice Secretary Leila de Lima who arrived at the Senate grounds with a phalanx of security guards.

De Lima was asked about her duties as DOJ chief and her specific functions in implementing hold departure orders and watchlist orders. The DOJ chief explained the circumstances surrounding the watch list orders she issued against the former president, as well as the denial for the lifting of the Hold Departure Orders.

She further testified on the incidents surrounding the temporary restraining order (TRO) issued by the Supreme Court against the hold departure orders issued by the DOJ. She testifieds that the Supreme Court issued the Temporary Restraining order on November 15, 2011, which restrained her and the Commissioner of Immigration from enforcing Circular No. 41 and the watchlist orders. The TRO had three condtions: posting of P2 million bond, appointment of legal representative common to both the former President and the First Gentleman and reporting to the various consulates/embassies in her stated destinations.

She continued to enumerate to the court that they received the TRO on November 16, but the SC, through its spokesperson Justice Midas Marquez, (whom she called Mr. Marquez) said in a November 15 press conference that the TRO was immediately executory. She also expounded on the TRO voting.

Lead defense counsel Serafin Cuevas stated that De Lima’s testimony is beyond the purpose and scope of the impeachment complaint. However, Enrile clarified the DOJ chief was called to narrate the events surrounding the watchlist order, TRO, and that the Senator-Judges couldn discern what is knowledge and hearsay.

Presiding Judge Juan Ponce Enrile then asked her a few questions. He zeroed in on whether CJ Corona acted on his own in any instance related to the case? De Lima uncomfortable replied that there was none but added that in a dissenting opinion of Associate Justice Ma. Lourdes Sereno “that there were matters woth looking into”.

Cuevas again tried to object and manifested that the matters being dealt with were confidential and violated etiquette. Enrile overruled his objection and demanded that De Lima read the pertinent entries in Justice Sereno’s dissenting opinion.

This took a long 10 minutes. Paper upon paper was presented to her. De Lima read the part of Sereno’s dissent where the SC justice recounted Corona’s supposedly telling SC Associate Justice Presbitero Velasco not to promulgate the Sereno dissent. She continued to read from Sereno’s account that the Chief Justice sent handwritten corrections to the Clerk of Court on en banc stipulating that version be released.

She proceeded to testify on the events surrounding the attempted departure of the Arroyo couple on November 15. She clarified that they did not follow the TRO because the department of Justice they did not receive an official copy as of that time.

Continuing, she explained the DOJ’s position, and reiterated that the TRO was improper. She opined that a TRO is suppose to prevent issues from being moot. The main issue, she clearly stated was if they should allow the former president to leave the country despite pending cases?

Senator-Judge Ramon “Bong” Revilla Jr. asked Secretary De Lima if anyone asked her for the issuance of the watch list (implying Malacanang and the president). She replied that she did it on her own volition. Revilla continued to ask about Circular 41 and the DOJ’s receipt of the TRO. The DOJ secratary replied that they never received the TRO since she was in Malacanang awaiting the results of the SC’s decision! So. why wait in Malacanang? Was the SC suppose to deliver it there? Reminded gently by Revilla that she once served with former president GMA and asked whether she liked it and she replied that she indeed had and was grateful for the opportunity to serve as Chairman of the Commission on Human Rights!

Senator-Judge Alan Peter Cayetano wanted clarification on a few things from the prosecution. He asked as to when is the moment that a SC decision is simply erroneous and when is it an impeachable offense? Daza answered for the prosecution. I realy have difficulty with Cayetano. He goes about in a round about way of asking his questions and people have to reformulate his questions to a more concise fashion to understand them.

Lead Counsel Serafin Cuevas took his turn at the podium. He pointed out that SC decisions could not be reversed. De Lima, reiterated that they were questioning the propriety of the TRO because it went against the “essence of what a TRO is.”

She was also asked whether she felt that the departments under the Executive felt they were higher than the Supreme Court and she enunciated clearly that the Executive and the Judiciary were equal and that Departments, being under the Executive, could be seen as co-equal to the Judiciary.

Other questions were asked on the “conspiracy” of the justices and Corona’s control over the court. This was objected to Prosecution Daza but Cuevas reformulated the question. He asked whether eight justices voting one way constituted a conspiracy and she replied to the negative. She, however, clarified her answer that there were attenuating circumstances such as the Serena and Carpio dissents.

Cuevas then requested to continue cross examination on the following day due to the lateness of the hour. This was granted. Majority Leader Sotto stated that several Senator-Judges were also lined up to question the DOJ Secretary.

What did we gather in today’s hearing. Simply stated we have selectibe justice in this country where the so-called “sins of 8″ can be the cause of the impeachment of one man!

In toto, the DOJ Secretary’s testimony left a lot of people wondering why she focused on the dissenting votes of Justices’ Sereno and Carpio and not concentrate more on the premise of the en banc decision itself. How did she get copies of the dissenting opinions of Serena and Carpio to defend her thesis and not the Supreme Court’s decision itself as a body? Just asking.

Photo source: Philippine Senate

via makabayan.net

Your Honor, after tackling Article 2 and Article 3, AND BEFORE WE EMBARK ON ARTICLE VII, WITH THE HOPE OF FACILITATING THE ORDERLY PRESENTATION AND SPEEDY DISPOSITION OF ARTICLE VII, YOUR HONOR MAY WE BE ALLOWED TO MAKE A BRIEF MANIFESTATION TO ALLOW US TO MAKE A BRIEF SKETCH ON THE EVIDENCE WE WILL PRESENT UNDER ARTICLE VII AND HOW WE INTEND TO PROSECUTE THIS?

Ang prosekusyon ay maglalahad ng ebidensya na magpapatunay sa manifest undue interest, bias at partiality ni CJ Corona:

1. Bumoto si CJ Corona pabor sa agad na pag-iisyu ng TRO dahil diumano sa right to life kahit hindi naman nanganganib ang buhay ni Gng. Arroyo.

2. Mula sa desisyon ng Korte Suprema noong November 15, 2011 na tuparin muna ng mga Arroyo ang mga kondisyon bago maging effective ang TRO, binaliktad ni CJ Corona ang desisyong ito at ginawang effective na ang TRO kahit hindi pa natutupad ang mga nakakabit na kondisyon sa TRO. The unilateral change and distortion of the decision of the Court is one of the gravest acts of partiality of CJ Corona to favor his former boss, and appointing power, Gloria Arroyo.

3. Premature at iregular na inisyu kaagad ni CJ Corona noong Nobyembre 15 ang TRO order sa petitioner bago pa nababayaran ang P2 milyong bond at hindi pa naisumite ang hinihinging special power of attorney. Kinabukasan pa lumabas ang certificate of bond. Pinaburan niya pa ang mga Arroyo nang iextend pa ang office hour para makapagpyansa ng 6:00 ng gabi ang mga Arroyo.

4. Ang muli nyang pagpalit ng desisyon ng Korte Suprema noong November 18, 2011 na hindi effective ang TRO dahil hindi naka comply sa pangalawang kundisyon si Ginang Arroyo na magsumite ng Special Power of Attorney sa boto na 7-6, tungo sa kabaliktarang desisyon na ito ay effective habang tinutupad ang kondisyon.

5. Bahagi ng pambabaluktot at upang pagtakpan ito, pinigilan ni CJ Corona noong Nobyembre 19 ang promulgasyon ng dissenting opinion ni Justice Sereno na labag sa itinatadhana ng Saligang Batas.

6. Nagpalabas si Corona ng mga inaccurate at maling pahayag sa publiko sa pamamagitan ni Atty. Midas Marquez para palabasing epektibo agad ang TRO at maaari nang lumabas ng bansa si Arroyo kahit hindi pa natutupad ang mga kundisyon.

Your Honor, these ACTS, among others, we will prove in Article 7. We will show that by his acts, CJ Corona betrayed the public trust and HE cannot, therefore, continue to remain in public office. NA ANG MGA AKSYON NI CJ CORONA BILANG JURADO AT CHIEF JUSTICE NG KORTE SUPREMA AY ISANG CONSCIOUS NA AKSYON PARA PABORAN SI GINANG ARROYO AT BIGYAN SYA NG OPORTUNIDAD NA MAKATAKAS SA MGA KASO LABAN SA KANYA.

The historical impeachment trial of Chief Justice Renato Corona has filled the headlines and news reports of all things inflammatory and controversial, from 40% discounts of high-end condominiums, free plane tickets, peso and dollar deposits, to testing the possibility of a constitutional crisis in the country.

It’s now time to focus on something positive about the trial: the senior citizens.

Seniors play key role

Regardless if you are for or against the impeachment trail against Supreme Court Chief Justice Renato Corona, one of the things that have stood out is the exemplary decisiveness and impartiality shown by Senate President Juan Ponce Enrile. From day one, JPE has shown fairness and such an acute awareness and astute understanding of the intricacies of the law. It cannot but make all others impressed. He celebrated his 88^th birthday last Valentine’s Day, yet he’s still as sharp as ever.

The other stand out in the court trial proceedings is lead defense counsel Atty. Serafin Cuevas. This Supreme Court Justice is already 83, but still standing tall, able to place objections left and right and use the technicalities of the law to serve the defense’s advantage.

The other Senator Judges that are over 60 years of age are Senator Franklin Drilon, Senator Joker Arroyo, Senator Panfilo Lacson, and Senator Miriam Defensor Santiago. Both senators have figured prominently on the headlines, whether arguing for or against the Prosecution or Defense teams. Their speeches and questions have made headline-grabbing copy and have certainly contributed into shaping the impeachment trial today.

With age come wisdom and grace

These people have shown the nation that senior citizens can continue to participate in building the government and that age has not dulled their razor sharp wit or intelligence one bit. If anything, they have shown that with age do come wisdom and grace. This has resulted in their broader perspective of the law and the legal proceedings, and the ability to discuss technicalities of the law like the back of their hand.

About JPE

Juan Ponce Enrile earned his Associate of Arts degree from the Ateneo de Manila University in 1947, graduating cum laude. He earned his law degree from UP in 1953, as he graduated a salutatorian. With a 91.72% grade, he placed 11^th in the Bar exams, and got a perfect score in commercial Law. JPE also got his master’s degree from Harvard Law School specializing in taxation and corporate reorganization.

As a lawyer, JPE prides himself in never having lost as case.

As a public servant he has held many posts, such as Undersecretary of Finance, Secretary of Justice and Secretary of National Defense. He has served as the representative of the first district of Cagayan and is now Senate President.

When JPE presides over the impeachment proceedings, he is very detail-oriented, but at the same time likes to cut to the chase to speed up the proceedings. He has repeatedly reminded members of the Senate from discussing the merits of the case with the media. He also voted to uphold the TRO issued by the Supreme Court.

Senator Jinggoy Estrada, whose father underwent impeachment proceedings presided by then Chief Justice Hilario Davide, has commented in news reports that Corona is fortunate to have an impartial and fair judge to man his trial. The other senators have also expressed support of Enrile’s actions as he presides over the impeachment proceedings.

About Justice Serafin Cuevas

Justice Serafin Cuevas is a UP Law Graduate and is tasked with putting up a very good defense for Chief Justice Corona. After all, he was the appointed chairman of the Supreme Court committee that made the trial court manual. He was also a member of the committee that drafted the proposed code of Crime. Watching the retired Associate Justice of the Supreme Court in action is better than going to law school!

On Day One of the trial, Chief Prosecutor Niel Tupas showed his respects to his elder by blessing the hand of the seasoned litigation lawyer. It has also been clear that since Day One, the 83-year old lawyer has outclassed and outranked the lawyers of the prosecution team.

Even the Prosecution team can’t help but compliment Atty. Cuevas. Defense counsel Ramon Esguerra has been quoted saying that Cuevas is “very sharp, quick and organized with his thoughts.”

Senator Franklin Drilon

The Defense may have sought him to inhibit from the trial, but the presence of Senator Franklin Drilon has certainly aided the Prosecution and brought to light many things that otherwise the public would not be aware of and the Prosecution would have overlooked or missed out on.

The 66-year old senator is inquisitive and incisive as ever. Thanks to his line of questioning, he got the SALN of Corona brought to court, which greatly aided the Prosecution in proving the second article of impeachment.

Senator Miriam Defensor Santiago

The feisty lady senator may not be present at all the hearings due to her high blood pressure, but when she is in court, boy does she make her presence felt! At 67, she has not let up and is not shy at giving her two cents, even if it means giving the Prosecution’s leader, Rep. Niel Tupas, who is in his early forties, a severe dressing down. She also argued for upholding the TRO issued by the Supreme Court.

Senator Miriam Defensor Santiago obtained her political science degree from UP Visayas, taking less than four years to finish her studies. She graduated with a Bachelor of Laws degree, cum laude from the University of the Philippines College of Law. She furthered her studies with an LLM degree and LLD at the University of Michigan Law School.

She has served as Bureau of Immigration and Deportation Commissioner, and even earned the Ramon Magsaysay Award for her fight against corruption. Although she failed in her bid to run for president in 1992, she enjoys immense popularity with the voters and sits as a Senator today. She is also a judge elect to the International Criminal Court.

Hooray for our seniors

These exemplary individuals who are participating in the impeachment trial teach the Filipinos that seniors can still be active and have much to contribute to the nation. From their wisdom, knowledge and experience, they add an aura of civility, credibility and intelligence to the proceedings.

Photos from senate.gov.ph. Some rights reserved.

Originally posted at Blog Watch

THE IMPEACHMENT TRIALS – DAY 21, FEB. 21, 2012
SADLY THEY ALL FELL SHORT!
by Wilfred Avila

The Articles were many, eight in all. If you fail in one, you get him with the other. That was the genral plan. The way it’s been going, They all fell short of their target!

Dean Amado Valdez really strikes me as a man who wants so bad to be a Supreme Court Justice himself. Since day one of the trial, he has not said a good word for anybody in the Defense. He has even attacked Former Justice Serafin Cuevas in most of his interviews.

He seems to have conveniently forgotten that he stepped down as the Head of the Government GOCC due to some “undisclosed” reasons. This was during the time Of CGMA. He was then a strong supporter of the former president. How can he claim to be impartial when he is so tainted with hate and venom against CGMA and anyone now seemingly connected to her.

If he really thinks that this road he is taking is the easy way for him, he is sadly mistaken for he has already shown his inability to judge anything justly and fairly. Your being a Dean alone at a University is now being questioned!

The hearings today was the shortest ever recorded in its 21 days. The trial today was called to order at 2:13 pm and lasted until 4:50 pm. Eighteen Senator-Judges were present.

Senator-Judge Trillanes led the prayers and I squirmed in my seat. It didn’t sit well with me that a man full of venom can mouth such holy words. True enough, at the end of the trial, he started mouthing his usual negative words against the Chief Justice. His vote is very obvious. Well, he never hid it, did he? This guy may not seem short at all since he was always upfront with his plans but he falls short of moral fiber.

Senator-Judge Miriam Defensor-Santiago explained why she always took the floor first at every trial. She claimed that it was because of chronic fatigue and a “lazy bone marrow.” She continued to state that the leaked documents were presented by the prosecution to warrant their request for subpoenas.

The Defense panel, through its lead Counsel Serafin Cuevas, appealed for a second day in a row for a re-examination of Rule 17 of the Impeachment Court rules, that covers the power of the Senator-Judges to ask questions of any sort from witness, the prosecution and the panel. He argued further that the rules could lead to a mistrial, bearing in mind that both sides could not challenge or argue with the Senator-Judges’ questions. Enrile sensing the sentiment of the defense said that they will have to discuss the issue in caucus, and assured them that the Chief Justice would be given a fair trial.

Prosecution, through Cong. Rodolfo Farinas countered the defense by stating that the rules were already “perfect.” “If it ain’t broke, don’t fix it,” he added. now, how cliche-ish can we get?

Majority Floor Leader Vicente Sotto III (the person responsible for formulating the Rules) admitted that it was not in the Impeachment Court rules, but is done in practice in all trials. Asking both defense and prosecution to imagine attorneys arguing with trial court judges, he stressed further. Senator-Judge Angara suggested that it might be best to allow counsel to make exceptions instead rather than objections. He also appealed to not think of a “mistrial” this time, to avoid prolonging the “political agony” of the nation. Hmmm, are they afraid of the fallout if a mistrual does indeed happen? Just a question.

Prosecutor Fariñas said that the prosecution panel has decided to adapt PSBank President Pascual Garcia III as their witness, and the documents Garcia presented to be marked as evidence for their side. In particular, he was speaking of the 8 bank accounts the bank official presented the previous day. Cuevas objected and reiterated his earlier statement.

The first witness for the prosecution was called, a representative from the BPI, subbing for BPI Ayala branch manager Leonora Dizon, who recently gave birth. Cuevas objected and said that Dizon should sit as the witness since the matter needs personal knowledge. Prosecution rebutts that the representative will merely verify the documents to be presented. Enrile lets representative, BPI Ayala branch assistant manager Mara Arcilla, testify since what she was to testify on had already been marked as evidence.

Private Prosecutor Lim took the podium but, in a short while, Enrile reprimanded the prosecution to qualify competency of the witness. Lim said that Arcilla was on the stand to present the documents. Cuevas objected again and said that she could not possibly testify on the accounts since she knew nothing of it. Senator-Judge Drilon stood up and argued that the court requested for the documents. The Presiding Judge recalled differently and asked the court stenographer to look for the transcript of the discussion.

Enrile admitted that Drilon did make the request for a BPI representative to bring the bank statements back in February 9 but clarified that Arcilla still couldn’t be made a witness be for the prosecution since a Senator-Judge made the request.

Drilon suggested that Arcilla now produce the documents and that there was no longer any need for her testimony. The documents were turned over to the Clerk of Court.

Prosecutor Lim insisted in making Arcilla their witness and the documents be marked for prosecution as part of their evidence; Enrile reminded them to wait until defense presents her in court. Lim insisted, and Enrile admonished the prosecution in no uncertain terms. “You are fishing for evidence! …The fact that you tried to adapt her as your own is a misrepresentation.”

Like bees in a beehive, both prosecution and Sentaor-Judges trooped to the Witness table to see the documents. The Senator-Judges, led by Drilon, requested for copies of the just-submitted documents. Cuevas quietly asked the court that the documents be securely kept since these were private bank records. Now, how long do you guys think it will take to keep in secret? Just another question.

The Prosecution announced that they were moving on to Article III of the Articles of Impeachment. Yet, they stipulated that they had reservations in moving on from Article II, specifically on the matter of the foreign currency accounts which was still subject to the Supreme Court’s TRO, as well as the 8 bank accounts from the PSBank presented by Garcia the previous day.

Prosecution’s Representative Sherwin Tugna re-opens Article III. this was previously discussed by Prosecutor Representative Kaka Bag-ao on Day 13 of the trial. Tugna then turned over to Private prosecutor Marlon Manuel who then started his direct examination of Philippine Airlines (PAL) Vice President for Sales Enrique Javier.

Lead Counsel for Defense Cuevas objected to the presentation of Javier as a witness questioning its materiality to Article III. Cuevas underlined that the supposed free tickets for the Coronas are not part of the issue on Article III. Enrile emphatically agreed and told the prosecution panel that they were expanding the coverage of the Article but prosecution tried to argue their case. After a lenghty exchange, the seemingly angrier Enrile finally ruled not to allow the expansion of Article III unless the prosecution amends it.

Prosecution persisted to explain, but Enrile slammed them and stated that his ruling stands. He also testily told the prosecution, “I warned you… there is a limit to the patience of this court.”

The hanging threat of sending back to the House of Representatives the entire case must have struck a bell for the prosecution finally submitted. Enrile said that if the Prosecution wanted to amend the Complaints, they may and bring it back to the House.

Javier is finally discharged as witness and the prosecution was asked to present their next witness. Lead Prosecutor Tupas said that they took exception to the earlier ruling on Article III made by the Presiding Judge. He explained that they were not expanding it. Enrile cut him short by stating that if the prosecution insisted on their position, he would change the ruling.

Proffer of excluded evidence by enumerated by private prosecutor Manuel reciting evidence they could have presented if the testimony by PAL VP was accepted. Cuevas interrupted and said taht it was not proper since the witness was not there to verify it. Enrile ruled to allow prosecution to continue.

Manuel continued to recite the evidence subpoenaed, which included certification on the PAL platinum card issued to the Chief Justice and his and family’s travel records. Cuevas maintained his objection, but Enrile allowed the mainfestation to remain in the record. he furhter underlined that the evidence enumerated is “nothing” because it assumed something that was not established.

Enrile then berated the prosecution that even if he tried to be liberal with the proceedings and help them, there is a “limit” to what he, as presiding officer, can do. “If your articles of impeachment are defective, that’s your responsibility.” This man is never short of his law!

Presiding Judge Enrile then ordered prosecution to present next witness. Lead prosecution Counsel Niel Tupaz admitted that they had no other witnesses for the day since the prosecution wtiness was denied to testify! They pleaded for a continuance tomorrow. It would seem that this was the longest day for the prosecution panel and still they were found short of legalese and had the bad luck to meet up with a short-tempered Presiding Judge!

It is now obvious that this whole complaint was concocted by the prosecution too fast without the benefit of real background investigation. Two of them have already said this in different venues, Prosecutor Congressman Farinas at the trial and Prosecutor Umali at a Press Conference at Annabelles! Both admitted to the lack of quality to the complaint!

Only three people, as far as I am concerned, have so far been able to hit the mark in their desire to keep the trial on fair and just grounds, Senator-Judges, Miriam Defensor Santiago, Bongbong Marcos and the Presiding Judge Juan ponce Enrile. Senator-Judge Kiko Pimentel is still trying to catch up.

The others who are busy asking their clarificatory questions and helping the Prosecution to fish for more evidences are sadly lacking in finesse and probity themselves. They don’t even bother to pretend any longer!

Sadly, they all fell short!

Photo via Philippine Senate

THE IMPEACHMENT TRIALS – DAY 20, FEB. 20, 2012
SILENCE IN THE COURT, THE MONKEYS WILL TALK!
by Wilfred Avila
Originally posted in the Noisy Minority Facebook Page

In the morning, the Senator-Judges met in a caucus to discuss whether to accept as evidence the bank records of the Chief Justice, which were subpoenaed through a document which was allegedly fake. There was no further news on this though it was awaited the whole day with bated breaths.

With sirens and blinkers blaring, a House of Representative bus arrived carrying a load of Congressmen to boost the morale of the Prosecution panel and Congressman Banal who was suppose to take the stand. He never did!

A Sister Mary John, OSB (the same one who protected Jun Lozada during the ZTE Deal hearings) did an interview on television (Solar) declaring the Chief Justice as guilty of all charges. Without batting an eyelash, she proclaimed that having the accounts themselves should have been enough to judge him guilty. I cringe at the thought of this holier-than-thous casting out judgments as if they were on the top of the Saint’s List. She even refuted the statements of other Archibishops asking for a just and fair hearing. The hell with the truth, let’s throw Chief Justice Corona to the lowest depths of hell. That is what would happen had she been one of the judges. Talk about the Christian spirit she espoused when she accepted her vows!

Interesting enough, when I reported on food being served to the Press, suddenly there is scarcity of it. I should have kept my mouth shut. Hehehehehe.

Now for the hearings: As the session was called to order, there were 21 Senator-Judges present.

The Prosecution called for redirect PSBank President Pascual Garcia III and Katipunan branch manager Annabelle Tiongson. Tiongson was first to whom Presiding Officer Juan Ponce Enrile directed a whole series of clarificatory questions. He asked about the steel cabinet containing bank records, the 2 officers in charge of it. She explained the method as to how the documents can be accessed.

She informed the Presiding Judge that she had consulted Garcia on the day Rep. Jorge Banal visited the PSBank Katipunan branch, on January 31, 2012. She recounted that Banal came to the branch on that date and asked for help from her about the document. She said she was “shocked” to see the photocopy of a specimen card that appeared to be a PSBank document. She then asked if the document is in their bank, and then proceeded to report the incident to her superiors. She related that the documents were then transfered to the PSBank main office in Makati on February 1.

JPE also asked about the PSBank audit, and who could have had access to the accounts at that time.

Senator-Judge Miriam Defensor-Santiago takes the podium to ask questions. She assured the witness by saying, “Please do not be nervous. I am very practiced with witnesses who come to court for the first time.” Senator-Judge Santiago underlined that bank secrecy laws prohibit people from even asking about any foreign currency deposit account. In an aside, she also said, a “lawmaker is already a lawbreaker,” referring to a certain Congressman.

Santiago then stated that the law raises disputable presumption that the Congressman was the thief of that signature card. She also stated the politicians don’t just accept pieces of paper without identifying who is giving it. “The law says ‘pag hindi mo maipaliwanag iyan, ibig sabihin ikaw ang nagnakaw niyan.”

For the second time since the impeachment trial began on Jan. 16, Senator Lito Lapid approached the podium to question a witness about the supposed bank documents of Chief Justice Renato Corona. Lapid asked PSBank Katipunan branch manager Anabelle Tiongson if there were cameras installed inside their bank’s vault.

“Ms. Witness, may camera ba sa loob ng vault?” he asked. Tiongson answered that there was no camera inside the vault but there was a camera installed “outside.” Jokingly, he commented how “haggard” and tired she was.

“Pagod ka na ba? Parang haggard na haggard ka na? Nung [una kang tumestigo] tawa ka nang tawa,” the senator from Pampanga said. Tiongson replied that she was suffering from a sore throat.

Proceeding with this questioning, Lapid asked whether the documents shown by Mindoro Rep. Reynaldo Umali and Quezon City Rep. Jorge “Bolet” Banal were indeed fake. Tiongson noted that the documents were “different,” reiterating that she did not provide the prosecution with the documents. “It is different [from our documents]. I did not give him [the documents] your honor,” came her reply.

PSBank President Garcia was then called to the witness stand. Enrile continued to ask the
questions. Garcia testified on the events concerning the transfer of the Corona documents from the Katipunan branch to head office, as well as the Bangko Sentral ng Pilipinas (BSP) and Anti-Money Laundering Council (AMLAC) joint audit undertaken. He said some of the accounts targeted by the AMLAC was the Chief Justice’s. The PSBank head also said that they classify accounts held by “Politically Exposed Persons, (PEP)” such as the Chief Justice.

Enrile immediately ordered the PSBank to produce the Chief Justice’s the exact signature card from 2010, which was submitted to the BSP-AMLAC audit team for comparison to leaked document. PSBank counsel Atty. Regis Puno stated that they already brought Corona’s signature card with them, but that it may be different from the one submitted to the AMLAC. Enrile then ordered Garcia to have an inventory of records of the Corona bank accounts submitted and shown to the BSP-AMLC audit team. He reiterated an earlier order that the bank should block out details of foreign accounts, if any.

Majority Floor leader Vicente Sotto (who is doing a yeoman’s job so far) informed the court that the bank has submitted documents that the court has requested, including the logbook that records people’s access to the bank records.

Senator-Judge Joker Arroyo discussed about the past proposals to amend the Anti-Money Laundering Law, and what he bewailed are the 3 probes versus the Chief Justice. He warned that no Senator-Judge is free from this kind of vindictive action should they vote in the negative or against the Chief Justice.

Senator-Judge Franklin Drilon takes the podium He asks about the two other peso accounts under the Chief Justice’s name, which Garcia mentioned in Day 19. Garcia testified to the court of two accounts, one peso time deposit and one peso checking account. He adds that there were 6 accounts that were jointly under the names of spouses Renato and Cristina Corona. He then presented the original signature card of the Chief Justice. Badgered by the Senator-Judge, Garcia reiterated about the dubious Annex A contents describing the “significant differences” of the photocopied document from the original. He finished by stating that there were a total of 42 points of differences between the two.

Senator-Judge Ferdinand Marcos Jr stood up to ask questions of Garcia, specifically about the access of audit personnel from BSP, AMLC.

Senator-Judge Teofisto Guingona III suggested that the original of Annex A could have been photo-copied and photo-copied again so that there were changes. Garcia stayed with his original statement that Annex A was a fake and while they may have been “similar” they still were far too different. Senator-Judges Sergio Osmena, Loren Legarda and Francis Pangilinan also took turns at the podium to ask more clarificatory questions.

Lead Defense Counsel Serafin Cuevas bewailed a newspaper article saying that the defense “has established guilt beyond reasonable doubt.” He added that there should be a court order to allow the AMLC to conduct an investigation. Garcia concurs. The defense counsel also said that Garcia would not actually know whether the entries on the documents in the audit are accurate or not since he was not privy to them. Garcia repled in the affirmative.

Senator-Judge Guingona told the bank official that AMLC does not actually conduct regular audits. He suggested that Garcia might be confused, saying there are AMLC representatives during regular BSP checks. Guingona further adds that he called the AMLC and the council said that they “categorically denied” they conducted an audit.

Senator-Judge Arroyo again reiterated that he was afraid that the law is being used for political vendetta and that it may just happen to all of them.

Senator-Judge Marcos stood once more to ask further clarificatory questions on the AMLC-BSP Audit. He also showed differences in the entries of the original as against the Annex A submitted by the prosecution.

Senator-Judge Panfilo Lacson suggested a handwriting analysis be undertaken to compare the Chief Justice’s signature to those in the PSBank documents. Enrile retorted that the prosecution should do it. Lacson said that he suggested it to end the speculations over the signatures. “I’m not partial, I just want to get to the bottom of the
issue.” Presiding-Judge Enrile ordered that the Senator-Judges discuss it in caucus.

The Prosecution asked to adopt Garcia as their witness as far as the additional bank accounts are concerned. Defense was fast on their feet and objected that since the witness was recalled by the tribunal after he was discharged, the witness was neither the prosecution’s or for the defense’s. The issue is a first in that the Senator-Judges have been asking so many questions and many more evidences without anyone even presenting them that it remains a doubt whether this will hold water in the end.

As of late, the Senator-Judges have been acting more like prosecutors that it has actually brought confusion to the hearings than any sense of lucidity. This issue is to be decided in a caucus since this is another first for the Presiding-Judge.

The hearings today was froth with so many statements and questions from the Senator-Judges that it ceased to be a trial where the Prosecution was suppose to prove the guilt of the Chief Justice and the Defense to refute them. This did not happen!

As we sit back and watch events unfold, we really wonder as to the integrity and fairness of this hearing. The defense is correct in wondering and stating the obvious. The Senator-Judges were acting more and more acting like prosecutors though their often mentioned statement of searching for more clarification. As they go through this, their biases are showing more and more!

Today, all were silent! That is the prosecution and the defense panels. The monkeys talked. Yes, Silence in the court, the monkeys will talk!

Photo via Philippine Senate website

Banks are notorious for secrecy. There is, after all, a need to protect the rights and safety of their depositors and clients. Without banking secrecy laws, individuals and corporations could be at risk for theft and other monetary dangers. In this country, that would translate to family and friends constantly asking for loans that may never get paid, or worse, kidnappers targeting family members for ransom. Also, no one in his right mind would want the public to know just how much money he has.

The recent developments in the impeachment trial against Supreme Court Chief Justice Corona have once again tested the credibility of the banking secrecy laws as it goes head on against a number of subpoenas relating to the trial.

Peso accounts subpoenaed

The peso deposit accounts of Renato Corona have been revealed to be about P31 million for his various PS Bank and BPI accounts. This was known after the peso accounts were subpoenaed by the Senate in relation to the impeachment proceedings. Impeachment is one of the five exemptions when it comes to the banking privacy laws.

The first copies of the alleged accounts were supposed to be given by an unidentified small lady to one of the lead prosecutors of the case. However, the CCTV of the Senate did not record any such lady interacting or handing anything out to the lawyer. While it was presented in Court, the PS Bank manager called them fake. The Prosecution claimed it had no idea that the bank documents were fake, but the damaging information was already revealed to the public.

The Defense team claimed that the money in the accounts was from the sale of the corporation of Corona’s wife and not ill-gotten wealth from the government. The Defense has also reiterated that they will explain everything in due time and present the necessary documents to the public later on to prove their side.

President Aquino himself has been very vocal about the authenticity of the bank documents. He even questioned why Filipinos were reluctant to believe the veracity of such documents when they were highly incriminating. He has issued the challenge that if Corona had nothing to hide, then Corona should be the one to volunteer and reveal his statements and other bank documents.

Dollar accounts revealed

The dollar accounts, however, are now not anymore being subpoenaed since the law does not cover foreign deposit accounts.

At the time the law was crafted, it was meant to entice foreigners to place their foreign deposit accounts in the country. Our lawmakers wanted to make the Philippines competitive to Switzerland when it comes to the strength, credibility and secrecy of the banking system.

However, in true John Grisham fashion, the amounts of Corona’s foreign deposits were also revealed to the public, even without the benefit of a subpoena. Copies of alleged dollar deposits of Corona were slipped into the gates of the home of Quezon City’s 3^rd District Representative Jorge Banal.

According to the Manager of PS Bank Katipunan, Banal personally went to the bank to ask her help in determining the authenticity and accuracy of the photocopied statements. However, she had to turn down his request.

Rock and a hard place

The Bank Manager in question, Annabelle Tiongson, is in a tricky situation indeed. She needs to protect the privacy of their depositors. Also, the bank could get sued for breach of privacy, much like when former President Erap Estrada sued Citibank and won when the bank released his banking information.

Tiongson needs to be very careful about her answers. She also needs to protect her branch, because Banal himself said that someone is helping them. If this is true, then there is obviously someone violating banking privacy laws in PS Bank. How else could these statements, whether authentic or not, leak out to the public and land in the hands of the Prosecution?

When faced under the strict questioning of the Prosecutors and the Senator Judges, Ms. Tiongson was clearly uncomfortable. She probably never thought in her entire career that being a bank manager would land her in the halls of Senate to testify against the Supreme Court Chief Justice!

Need to balance secrecy and transparency

The SALNs of the Supreme Court Justices have been kept under lock and key for many years. In the case of the ongoing impeachment proceedings, it took Senator Franklin Drilon to get the SALNs of the Chief Justice to be presented to the Court by the Supreme court clerk, after failed attempts of the Prosecution to get the documents.

There are privacy laws in place to ensure the security and privacy of individuals. However, there is also a need to balance the need for transparency, especially when there is a need to fight corruption.

Here lies the conundrum. How do you prove that someone has ill-gotten wealth without first seeing the bank statements of the accused? You can only file an impeachment complaint and there will be an impeachment trial if there is substantial basis for the accusation. At the same time, the Prosecution cannot use the subpoenas to gather evidence against Corona, since they are supposed to already have such evidence at the time they filed the impeachment complaint.

Help from the public

This is where the mysterious help from the people comes in. Thanks to private sympathizers to the cause of the Prosecution, these very private bank documents are now surfacing, with blatant disregard for privacy banking laws. The Prosecution claims that this type of help just shows how the public supports the impeachment proceedings.

Does the end justify the means?

However, we should all remember that this is still against the law. Even if we think he’s the bad guy and he’s guilty, no one has the right to open these accounts and make them public, unless the depositor himself asks for it, or if there is an impeachment.

If we go back to the Marcos plunder case, the government lawyers didn’t get any anonymous help from Swiss bankers when it came to Marcos’ accounts. This just further established the strength and credibility of the Swiss banking system, protecting the privacy of alleged crooks, convicts, millionaires and other depositors equally.

This is also the type of “accidental leaking” to the media that has plagued this case from day one. Institutions of secrecy are made for a purpose, and it’s up to the Prosecution to get around them but through legal means.

Even if these revelations about Corona’s accounts have helped the Prosecution, we shouldn’t lose sight of the big picture. These actions are sending the wrong message to the financial community. We may slowly be destabilizing the banking industry by violating privacy laws. At worst, a bank run may ensue if depositors feel their money and privacy aren’t safe.

As such, we should all tread carefully.

Photo from Philippine Senate website. Some rights reserved.

Originally posted at Blog Watch.

Note: At the time this article was posted, Chief Justice Renato issued a statement in response to the President’s speech. Deputy Presidential Spokesperson Abigail Valte issues a response to Corona’s statement.

President Aquino is once again making headlinesfor making noise.

His speech at La Consolacion College is once again raising eyebrows because of the strong language used as a direct hit against the man of the impeachment hour, Chief Justice Renato Corona.

Aquino’s side

It’s no secret that there’s no love lost between the President and the chief justice. The Executive office has been up in arms and pushing the other branch of government, the Legislative branch, so Aquino can go about cleaning house and get rid of the man he perceives to be a major obstacle in going after Arroyo. He wants to put his own man in office and has been very vocal about how the impeachment proceedings should go.

The President claimed that he’s not acting out of a personal vendetta. In his speech, he specified, “Lilinawin ko lang po: Walang personalan dito; sistemang pangkatarungan ang ipinaglalaban dito.”

In spite of such strong language, Marikina Rep. Romero Quimbo defended the President’s actions and speech wondering why it’s not appropriate.

It’s hard to believe that the President isn’t taking matters to heart. At every given opportunity, it seems like he has something to say about the trial or Corona. If he were a lawyer himself, he would probably try this case himself. That’s how passionate Aquino is about going after Corona.

Corona’s claims

Corona for his part claims the forces of government are being used against him in retaliation for his vote on the Hacienda Luisita issue and for the Supreme Court’s issuance for a TRO in favor of Arroyo when she attempted to leave the country. He likewise filed an urgent Petition for Certiorari with Temporary Restraining Order before the Supreme Court to stop the impeachment proceedings against him and nullify the Articles of Impeachment.

His Defense panel came up with allegations that the Senator Judges were pressured by Malacanang to the tune of P100 million in projects and cash just so they would vote to not obey the TRO issued by the Supreme Court. Corona’s actions will be tackled in another commentary.

Disunity when unity is needed

This speech was given as part of a series of events to celebrate the 26^th anniversary of the EDSA Revolution. This is the history changing moment in the Philippines that united the country in one glorious moment, propelled his mother to the presidency and led to a constitutional change. It is therefore ironic that his speech appears to  promote disunity in the country.

The President himself has stated the importance and the influence of the Supreme Court when it comes to the law of the land. “Alam naman po natin ang napakalakas na impluwensya ng hukom sa ating sistemang pangkatarungan. Nasa kanila ang pasya sa bawat kaso.”

I felt that the President does not have much faith in the impeachment process. Undersecretary Manolo Quezon in twitter stressed that the President has faith “ but also there’s a need to cut through the clutter. The issue is fitness for office”. But isn’t this the job of the spokesperson of the Prosecution to sort through the clutter?

Pressuring the Senator Judges

What kind of response is the President asking here: ”hahayaan na lang po ba natin na iilan ang magdesisyon para sa atin pong lahat?”  I hope  he is not trying to initiate some kind of mob rule again (in the guise of People Power ) now against the senators who voted to respect the TRO.

What is disturbing about President Aquino’s statements is that he is blatantly pressuring the Legislative branch and trying to sway public opinion to his favor to get what he wants. Is this to ensure that Corona will be out, regardless of the man’s right to a fair and impartial trial and violations against his right to privacy and other human rights violations.

What kind of message do you send out to the international community when you are putting pressure on the legislative arm of government? It’s like the President is planting seeds of guilt, making the issue of voting for an impeachment an even more difficult one.

Even if the man is guilty of a number of misdeeds, no one in the country has the right to take away his right to due process. No one, not even the President, has the right to deprive him of his right to a fair trial. No one has the right to force the Senator Judges to vote a specific way.

Setting the stage

President Aquino’s declaration that his fight against corruption will become “extremely difficult, if not impossible” if the Senators do not vote for the impeachment of Chief Justice Renato Corona is already setting the stage for his safety net – someone to blame.

He is effectively already finding a scapegoat in case his administration is a failure when it comes to his campaign promises. He has already placed the blame on something that hasn’t happened yet. It’s as if to say if he can’t get Corona, then he won’t be able to get anyone else and that’s the fault of the Senators for not impeaching Corona. It’s a win-win for Aquino.

Sending the wrong message

What kind of message does this send to the Filipinos, when the President uses  below the belt tactics, to remove him from office? There’s no need to go to law school and litigate a case anymore, all you need to do is do a trial by publicity to win your case.

Even his mother, former President Corazon Aquino, never spoke so harshly against her predecessor Pres. Marcos, whom she believed was responsible for the assassination of her husband!

By taking to the microphone and telling all the world just how bad and guilty Corona is, even if the trial isn’t finished yet and the defense hasn’t started to show their evidence, the President is preempting procedure and depriving Corona of his due process.

Aquino’s statements may appear to the world that here in the Philippines, you don’t get a fair trial. The President’s message is that here, celebrations to commemorate historical days in the country can be used as a platform to lambast particular persons. It would have been better if he focused on being united and supporting all branches of government, instead of vilifying one man and putting more spotlight on the entire process.

Most of the reactions in Facebook and Yahoo showed  displeasure towards the President. One said “So your saying that WE SHOULD CONVICT THE CJ NOW! MR. President, what about the rights of the respondent??? Wala na bang karapatan si CJ! Let us respect the Rule of LAW and not practice TRIAL BY PUBLICITY!” In the President’s Facebook page, there were more positive comments but not much on discussion on the merits of his speech.

Be a President, not spokesperson for the prosecution

Like any Filipino citizen, the President is entitled to his own opinion.  Quezon added in Twitter that “in every impeachment the public is expected to participate and people are expected to speak their mind”.  The thing is he was facing students who probably want to know more about the impeachment process. He could have educated them  and explain that at this point, it is still the prosecution showing the evidence and that the Defense will present theirs soon after. Why does he insist on asking Corona to be accountable now when it is not his turn yet?

He really needs to stay mum and do his job such as pushing up the GDP, decreasing unemployment, creating jobs, attracting foreign investors and strengthening the country’s economic standing.

What kind of message do we send other governments when the President is blatantly questioning the integrity of the Judiciary arm of government? How can we be taken seriously when our own President doesn’t respect the integrity and separation of the three branches of government?

Will foreign investors truly be attracted to invest in a country where the Executive, Legislative and Judiciary branches don’t get along? How can we get foreign investors to place their money here, when little old ladies can secretly access your personal bank statements and drop it off at the gate of a city councilor, even without subpoena? Privacy laws, banking laws and constitutional rights aren’t respected when the President is after you.

Showing tenacity is one thing, but everyone still has the right to due process. If Aquino believes that the truth will come out, then he should allow it to unfold with the minimal amount of intervention and influence from his side.

Photo from PresidentNoy Facebook page. Some rights reserved.

Originally posted at BlogWatch.ph

Chief Justice Renato Corona replied to President Benigno Aquino’s speech in La Consolacion College with a challenge to Aquino to disclose his own statement of assets, liabilities and networth (SALn), bank accountsand psychological records. Here is Corona’s statement below in Pilipino with Deputy Presidential Spokesperson Abigail Valte reply.

THIS IS THE TRANSLATED VERSION OF CHIEF JUSTICE RENATO CORONA’S FEBRUARY 17, 2012 STATEMENT ANSWERING THE PRESIDENT’S LA CONSOLACION SPEECH.
Via Wilfred Avila

I am calling on our President not to meddle, pre-empt and influence the Senate Impeachment Court. There is a process to these impeachment proceedings, and that is written in our Constitution and the Rules of the Senate.

Wasn’t it you who chose this step and brought it to the Senate? Let us not allow this hearing to go far from the Impeachment Court and use media to judge me. Let us allow the case to move forward based on the Rule of Law and its rightful process. As you once said, “it is best if we all watch and keep silent first.”

As to what you said (at La Consolacion) “It would seem that we are being led astray so we can lose interest in the case.” There is no one else to blame but your very own Prosecution team who continuously bring out false lists of my properties, print out my salary to show that I do not have the capacity to purchase, yet, not including the overall situation, and in the end, brought out falsified documents from the bank. Who, then, is the one responsible for fooling the people?

As President of our country, you do not need “to lighten up and straighten out the issue that is determinedly derailed by some.” That is the duty of the Senate Impeachment Court. Your duty is to seek solutions to the worsening poverty and hunger of our people, the never-ending rise of gasoline and other prime commodities, the continued demolition of the houses of the poor and the slow response to aid for those who have been hit by calamaties brought about by disregard for our environment. This is what you must focus on, sir!

Why do you teach the youth to judge when they do not know the whole truth, when only one side is still being heard? Is this the “justice and fair play” you teach the young? Give me, sir, the opportunity to give my side, present my evidence, answer your baseless charges, and to bring out the truth. This is true justice and based on our Constitution.

If you find the hearing of the case you brought against me to be slow, the solution is in the hands of your prosecutors!

I bring out my SALN. I have not hidden this. My not having this printed out is based on a ruling of the Supreme Court of over two decades now, I was not even a magistrate then. I will explain my SALN when my time and opportunity comes, as dictated by the process of the impeachment proceedings.

Probably, it would be best if you, Mr. President, bring out your SALN, and explain it to the people. Maybe, bring out your bank accounts and psychological records that have been an issue for so long. We have the duty to show our people that we are of sound mind!

Now, regarding what you said on the case of Rabe v. Flores, where the court interpreter was removed from service, maybe your brilliant lawyers should have explained that Ms. Flores was removed not only for non-declaration of her SALN and her renting out. She was removed because of her “double compensation,” or salaries primarily, or receiving salary twice, one from the town of Panabo, Davao, and the other from the court!

I am with you in stating that we should not allow to “continue a system where one is oppressed.” I have only abut 20 in my defense that serve me for free, against 188 congressmen and 60, more or less, private prosecutors, who are all paid from the cofferes of the country. Let’s add to this the BIR and LTO Commissioners, LRA Administrator, Registers of Deeds, BID Commissioner, and many mor officials and men of government that is sent out to look for more wrong-doings of myself and my family.

You are using the power and might of the entire government machinery to abuse, coerce and humliate me and my family. Is this fair play? Is this the “Daang Matuwid?”

I am also calling on our people. The President controls the entire Executive Department. He also controls the House of Representatives. Let us not allow him to also handle the Senate. Let us not permit him to handcuff the Supreme Court and the entire Judiciary. This is for our democracy. This is for all of us.

Tugon ng Punong Mahistrado sa Talumpati ng Pangulo sa La Consolacion College tungkol sa Impeachment Proceedings (ika-17 ng Pebrero, 2012)

Ako po ay nananawagan sa ating pangulo na huwag pakialaman, pangunahan at impluwensiyahan ang Senate Impeachment Court. Mayroon pong proseso ang impeachment proceedings, at iyan po ay nakasaad sa ating Saligang Batas at sa mga alituntunin at kalakaran sa Senado. Hindi po ba’t kayo ang pumili ng hakbang na ito at nagdulog nito sa Senado? Huwag po natin ilayo ang usapin sa proseso ng Impeachment Court at idaan sa media ang paghusga sa akin. Pabayaan po nating umusad ang kaso nang ayon sa batas at sa proseso nito. Gaya po ng una ninyong nasabi, higit na makabubuti kung kayo po ay “magmasid at manahimik muna.”

Doon po sa mga nabanggit ninyong “tila ba sadya tayong hinihilo o inililigaw para mawalan ng interes,” wala po tayong dapat sisihin diyan kung hindi ang inyong mga taga-usig na siyang naglabas ng huwad na listahan ng aking mga ari-arian, naglathala ng aking sahod upang ipakita na wala akong kakayahang bumili, nguni’t hindi naman isinama ang pangkalahatang sitwasyon, at nitong huli, nagharap ng mga palsipikadong dokumento ng bangko. Sino po ba ang talagang nanlilinlang ng taong bayan?

Bilang pangulo ng bayan, hindi po ninyo kailangang “liwanagin ang dapat liwanagin, at ituwid ang isyung pilit dinidiskaril ng ilan.” Tungkulin po iyan ng Senate Impeachment Court. Ang tungkulin po ninyo ay hanapan ng lunas ang lumalalang kahirapan at pagkagutom ng marami nating mamamayan, walang humpay na pagtaas ng presyo ng gasolina at ng ibang pangunahing bilihin, patuloy na demolisyon ng tirahan ng mga maralita, at mabagal na tugon sa mga nasalanta ng kalamidad dala ng kapabayaan sa kalikasan. Itong mga ito po ang dapat ninyong pagtuunan ng pansin.

Bakit po ninyo tinuturuan ang kabataan na maghusga na hindi alam ang buong katotohanan, na iisang panig pa lang ang nadidinig? Ganito po bang “hustisya” at “fair play” ang tinuturo ninyo sa kabataan? Bigyan ninyo po ako ng pagkakataon na magbigay ng aking panig, magharap ng aking ebidensiya, sagutin ang inyong mga walang basehang paratang, at ilahad ang katotohanan. Ito po ang tunay na katarungan at ang naaayon sa ating Saligang Batas.
Kung kayo po ay nababagalan na sa pag-usad ng kasong isinampa ninyo laban sa akin, ang solusyon ay nasa kamay ng inyong mga taga-usig.

Ako po ay naglabas na ng aking SALN. Hindi ko po ito itinatago. Ang hindi po paglathala nito ay ayon sa nabuong patakaran ng Korte Suprema dalawang dekada na ang nakalipas, hindi pa po ako mahistrado. Ang SALN ko po ay aking ipaliliwanag pagdating ng aking oras o pagkakataon, ayon sa proseso ng impeachment proceedings. Marahil, higit na makabubuti kung ilabas na rin ninyo, Ginoong Pangulo, ang inyong SALN, at ipaliwanag ito sa taong-bayan. Siguro, isama ninyo na rin ang inyong bank accounts at psychological records na matagal ng isyu. Mayroon po tayong obligasyon na ipakita sa taong-bayan na maayos ang ating pagiisip.

Hinggil po doon sa nabanggit ninyong kaso na Rabe v. Flores, na kung saan ang isang court interpreter ay natanggal sa serbisyo, dapat po sigurong maipaliwanag sa inyong mabuti ng inyong mga magagaling na abogado na si Bb. Flores ay natanggal sa serbisyo hindi lamang dahil sa hindi niya dineklara sa kanyang SALN ang kanyang paupahan. Si Bb. Flores po ay natanggal dahil sa pangunahing dahilan na tumanggap po siya ng “double compensation” o sahod ng dalawang beses, isa galing sa bayan ng Panabo, Davao, at yung isa mula sa korte.
Sang-ayon po ako sa inyo na dapat hindi na payagang “magpatuloy ang sistema kung saan may nanlalamang at nilalamanagan.” Nasa mga 20 po lamang ang aking mga tagapagtanggol na nagseserbisyo ng libre, laban sa 188 congressmen at humigit kumulang na 60 private prosecutors, lahat sumasahod sa kaban ng bayan. Ito po ba ay tama? Idagdag pa po natin diyan ang BIR at LTO Commissioners, LRA Administrator, Registers of Deeds, BID Commissioner, at marami pang ibang opisyal at kawani ng pamahalaan na inuutusan upang hanapan ako at ang aking buong pamilya ng mga kamalian.

Ginagamit na po ninyo ang buong puwersa ng gobyerno upang ako at ang aking buong pamilya ay apihin at pagmalupitan. Ito po ba ang patas na laban? At matuwid na daan?

Nananawagan din po ako sa taong-bayan. Kontrolado po ng ating pangulo ang buong Executive Department. Kontrolado rin po niya ang House of Representatives. Huwag po nating payagan na mahawakan pa niya ang Senado. Huwag po tayong pumayag na posasan niya ang Korte Suprema at buong hudikatura. Ito po ay para sa ating demokrasya. Ito po ay para sa ating lahat.

Despite the lengthiness of Mr. Corona’s recent statement, he remains deaf to the basic question foremost in the public’s mind: Why is there a discrepancy between what he disclosed in his SALN, and the wealth and properties that have surfaced in the course of his trial? And more of this wealth is being revealed with every day that passes.

Instead of insulting the branches of our government and its agencies; instead of agitating the masses to attend his rallies—it would have been a simple matter to explain where all the money in his accounts came from. He has said that he will respond to every allegation; and yet he himself filed a self-serving petition at the Supreme Court to halt the impeachment trial.

Mr. Corona continues to deflect public attention from the real issues. We repeat: This is not personal; it is a fight for our justice system. It is dismaying to hear from the Chief Justice the same lines we have heard from Mrs. Arroyo. If he had only used this statement to clear his name, then public discourse about this issue would not have been diminished. Has anything good come out of Mr. Corona’s statement? No.

We have complete confidence in the Senate, which, as the representatives of the Filipino people, will determine whether Mr. Corona deserves to retain his position. We leave it to the Filipino people to judge if Mr. Corona’s statement displays the dignity expected from an Honorable Chief Justice.

THE IMPEACHMENT TRIALS – DAY 19, FEB. 16, 2012
THEY COME IN TWOS!
by Wilfred Avila
Originally posted at the Noisy Minority Facebook page

It is obvious that the Administration has not changed its tact regarding The Chief Justice. Daily, the Senator-Judges hold court at the senate hall while Sec. Lacierda holds court at the Malacanang Press Office. The subject of both courts — Chief Justice Renato C. Corona. They really come in twos! Both courts hold their hearings everyday!

The statement that the Chief Justice is fighting in two battlefronts should not be taken lightly. Lacierda continues to comment on the trial and supplies the ammunition to the badly depleted of brains and legalese Prosecution Team.

Now we are regaled by two surprise sources of the bank documents of the Chief Justice, Prosecutor-Cong. Umali and Cong. Banal (both in the Justice Committee of the House). That both got it by spurious means is of no moment to anyone. It just came to them conveniently.

Not satisfied with that, the President kicked off his EDSA 1 celebrations with the “Pulong Bayan ng Pangulo at La Consolacion College. That it was staged primarily to attack the CJ was obvious enough. Videos and a slide presentation were prepared to underline his statements. Only the opening part of the speech reflected on the role his mother had with EDSA 1. (Did she really have any role? A lot of people involved in the said revolution question her participation to this day and that includes the major players!)

The Prosecution Spokesmen hold two press conferences everyday! They started the first at about 1:20 pm and talked about the documents being fake or not! Guess what they said?

22 Senator-Judges were present as the hearing started close to thirty minutes late. Yes, our favorite Senator-Judge was present, Miriam Defensor Santiago.

She questioned the Prosecution whether the PSBank witnesses present were their Hostile witnesses? Lead prosecutor Niel Tupas Jr, on the other hand, refused to treat them as hostile witnesses.

Santiago then proceeded to give a free lecture to Tupas about hearsay. “Let me bring to you our happy memories of UP Law. What did you learn about hearsay?” Without waiting for a reply, she then went on with her lecture to the great merriment of the court.

PSBank President Pascual Garcia III was scheduled to return to the witness stand but Senator-Judge Sergio Osmeña III requested that the court call PSBank Katipunan branch manager Annabelle Tiongson first.

When asked, Tiongson said that she brought the documents that Osmena requested. Tiongson enumerated details of Corona’s PSBank. Osmena asked if Corona had other accounts aside from those that Tiongson enumerated. Tiongson said that she didn’t have any knowledge of that.

Senator-Judge Santiago rose again to say that Tiongson’s testimony was hearsay because she wasn’t the one who entered in the money. But the senator said that she could help “lay the foundation.” Santiago then proceeded to do so.

Tiongson said that she didn’t know who produced the documents involved. “Perhaps prosecution should know,” Santiago said and laughed.

After having questioned and basically qualifying Tiongson as a witness she quipped, “Counsel, take note,” she said. The general public laughed.

The good Senator did say that the Prosecution was on her good side that day. I wouldn’t take that lightly Niel Tupaz! On her good or bad side, you still look like a lost child in the world of men and law! In fact, on her good side, you looked worse.

A short recess was called and PSBank President Pascual Garcia III was asked to take the witness stand.

Lead Defense Lawyer Serafin Cuevas informs Presiding Judge Enrile that they still intend to cross-examine Tiongson. Enrile reassured Cuevas that they may still do so even if the witness was already discharged.

On questioning, Garcia said that CJ Corona had other peso accounts that were not in the original subpoena, a peso time deposit account that was opened on July 23, 2010, with P7-M. It was closed on September 1, 2010.

Corona had another peso time deposit account that was opened June 29, 2011, added Garcia. It had a P17-M and was closed on Dec 12, 2011, Garcia says.

Garcia said that Corona had 2 other accounts but that he didn’t have the details then. Osmena asked Garcia if it didn’t seem strange that account was closed less than 6 months after it was opened. Garcia replied that depositors have “different” reasons.

Tupas jumped up and eagerly stated that Corona was impeached on December 12, 2011. Corona closed the 3 accounts on the same date as stated by Garcia.

Senator-Judge Jinggoy Estrada questioned Garcia about Corona’s other bank accounts. “Ayoko mag-isip ng malisya pero nagsusupetsa talaga ako,” he says. (I don’t want to think maliciously but I’m becoming suspicious.)

Senator-Judge Francis Pangilinan wanted the bank official to produce documents related to the closing of the accounts. This was approved by JPE!

Tiongson was asked to return to the witness stand. Defense negan to cross examine her.

Cuevas asked Tiongson about her knowledge of who assisted in the opening of Corona’s accounts. She said that she didn’t know who they were. Cuevas underlined that if Tiongson did not know the people who made the entries in the documents, she would not know the accuracy of the entries since, even she, wasn’t there. Her testimony was therefore based on “hearsay” he concluded.

Seeming to asisst the Prosecution further, Senator-judge Miriam Defensor-Santiago asked Tiongson some questions about the documents, and said there is an exemption to the hearsay rule.

“All you know is this person must have followed regular procedure,” Santiago asked. Tiongson agreed and said the people concerned might not be connected to the bank any longer. Santiago concluded that Tiongson’s testimony was now prima facie accepted. She then allowed the prosecution to go ahead and do a redirect examination.

Enrile allowed private Prosecutor Demetrio Custodio to ask redirect. Custodio asked about the closing balances of the accounts earlier in question. Tiongson claimed that says she didn’t know. Senator-Judge Lacson emphasized that the witness didn’t know because PSBank president Garcia already said he had the documents at the main branch.

Senator-Judge Sotto, through Senator-Judge Loren Legarda, asked for the relevance of the SALN closing balance on December 12, 2011. Prosecutor Custodio answered that it hads no diect relevance to the SALN but that it showed an attempt to conceal the amount.

Legarda then proceeded to ask Tiongson a “simple question…..” Have you given information – in any form – to any person in the past?” She replied that she never did.

“Did anyone who had access to the vault leak info?” No, Tiongson retorted. When did you have knowledge of a leak, Legarda asked. Tiongson said that she only knew of it when the petition for the TRO was made and when she was advised by bank officials.

Asked about an internal investigation in PSBank, Tiongson said that Garcia ordered it.

Then a bombshell exploded in the Senate Hall. The second source of the bank documents was revealed! Tiongson informed the court that Quezon City Representative and member of the Justice Committee Jorge Banal went to their branch to “ask for help” about a photocopy of a document “similar to Annex A.”

She continued saying that Cong. Banal asked her about a marking on a photocopy of the document. She said he was holding something similar to their bank’s signature card, which apparently was under the name of the Chief Justice.

Banal asked if a marking was a dollar sign. When she said she could not help him, he just left. Banal’s visit was in January 31 or before the Senate impeachment court issued the subpoena for the bank documents.

Presiding Judge Enrile asked if Banal approached Tiongson before or after the records were requested by Garcia as per subpoena. Tiongson says it was BEFORE Garcia’s request.

Senator-Judge Santiago asks how Tiongson knew Banal. She replied that she met him before during the inauguration of a covered court in Xavierville I. Santiago further asked about the circumstances about the Banal visit. Tiongson also mentioned that the QC representative introduced himself as part of the “secretariat,” but refused to divulge other information apart from the document he was trying to verify.

Santiago asked that Congressman Banal be subpoenaed. Enrile immediately approved the motion for subpoena. Sotto said that some members of the court would like to invite Banal to court, instead of issuing subpoena for him, since he is a member of the House of Representatives. Senator-judge Joker Arroyo agreed, as part of interparliamentary courtesy. Enrile approved the motion, Banal was finally invited and not subpoenaed to explain the PSBank incident Tiongson spoke on.

Senator-Judge Arroyo queried on whether Banal was a member of the House Committee of Justice? Lead Prosecutor Niel Tupas replied that Banal was an ex-officio member, due to his post as house majority leader.

Estrada pointedly asked Tupas as to which came first, the Banal incident or the “small lady” incident? Tupas, obviously not liking where this was going, replied that he knew of the bank account only starting February 2, and the document they attached to the subpoena request came from Prosecutor-Congressman Reynaldo Umali.

Tiongson then retells how the Corona accounts were closed back in December 12, 2011. She says that manager’s checks were issued, and were released to Mrs. Cristina Corona upon certification of the Chief Justice.

Senator-Judge Drilon requested that subpoenas be issued of records of bank accounts, if any, under the Chief Justice’s wife. Enrile asks PSBank officers in court if they would bring it without subpoena, and Garcia says they will bring them in next hearing, without need for subpoena.

Drilon furhter stated that the documents which showed where the money from the closed accounts went should be included. Garcia said he wasn’t sure, and will have to verify.

Senator-Judge Pia Cayetano then asked the court, what the relevance of the bank accounts to Article II were and added that it was beyond its scope. Enrile clarified that whatever assets of a person should be in SALN, including cash, property, investsments.

Lead Defense Counsel Cuevas then stated that the witness is being “bulldozed” to produce accounts even if not specific, says its a fishing expedition. Enrile clarified that the information came from the witness herself.

Tiongson submitted the logbooks earlier asked by court. PSBank counsel also tells court, other documents requested are with them in court. She was then excused!

Garcia was recalled to the stand, and Enrile asked him about the transfer of the Corona bank documents to the PSBank main office on January 31, 2012. They later debate on the differences, similarities between annexed documents and originals.

Majority Floor leader Sotto informed the court that the SC Clerk of Court Deputy has been ordered to bring logbook of raffle for FASAP case, as well as the documents on the petition for TRO of former president. Sotto also announcedt that there would be a caucus for the senator-judges on Monday, February 20, at 11 am.

The Prosecution then requested for a deposition to be undertaken of a witness. Enrile denies it and said, “The court wants to hear the witnesses.”

Lead Prosecutor Tupas said that Banal is in court and ready to make an explanation. Sotto commented that the consensus of Senator-Judges is to let Banal explain, but questions would be posed to him on Monday.

Congressman Banal admitted that he went to PSBank Katipunan on Jan 31. He said that the document was left at the letter slot at the gate of his house. He continued that he went to the bank and asked for help from Tiongson, but that she was firm but polite in turning him down. He further said that he did not tell his peers in the prosecution about visiting PSBank. “Wala po akong sinabihan kaya di nila alam,” he tells the court.

It is at this point we question the veracity of what Banal has said so far. Congressman Banal, failed to state that he is the brother of Inquirer columnist Conrado Banal lll, and who had written a column that appeared in the Inquirer on Feb. 2, 2012, on the very same theme of the alleged “$700,000” deposit amounting to P30 million which Banal claimed was the talk of the town.” – The Daily Tribune. Amado Macasaet of Malaya and Abante, also wrote about the same bank records on or about that time.

For the column to come out on Feb.2, this had to be written on Feb. 1, or a day after Banal’s Congressman-brother showed the branch manager the photocopy of the bank record and deposits of the CJ.

This day has been a double whammy for everyone. Banal and Umali. The Senate Court and the Media Court. The President and the Chief Justice. Malacanang and the Supreme Court. The Impeachment hearing and the Filipino People! They certainly come in twos!

Here are videos from the Defense Panel of Chief Justice Renato Corona unfolds today. This will hopefully bring out and put into clear focus the various aspects of the on-going trial. This is with Dean Jose “Judd” Roy, III.

“Malacanang’s Grand Plan”
“100,000,000 ways to dangle a yellow carrot”
“Why the Defense presscon was necessary”
“High accepetance of the Chief Justice’s acquittal and drop in aquino’s acceptance rating”

Here is the second of the Defense Chronicles featuring Atty. Felisberto “Junoy” Verano.

The right time for the Chief Justice to come out in the open”
“What if the impeachment is prematurely stopped?”
“Senator-Prosecutors to the rescue”

You may subscribe to the Defense Chronicles You Tube Channel featuring the Impeachment Hearing’s Defense Panel as they expound on the major highlights of the on-going trial at the Senate!