/ MIRIAM: SECRECY OF FOREIGN DEPOSITS ABSOLUTE
[Photo
- (From left) Lawyers Tranquil Salvador 3rd, Jose Roy 3rd, Ramon Esguerra and
Dennis Manalo face the media on to reveal President Benigno Aquino 3rd's alleged
bribery attempt. PHOTO BY RUY
MARTINEZ]
MANILA, FEBRUARY 14, 2012 (MANILA TIMES) Written by : JEFFERSON
ANTIPORDA, JOMAR CANLAS REPORTERS AND RITCHIE A. HORARIO CORRESPONDENT
LAWYERS for Chief Justice Renato Corona on Sunday slammed President Benigno
Aquino 3rd for his alleged attempt to influence senators by offering them P100
million in exchange for their vote to defy a temporary restraining order (TRO)
issued by the Supreme Court stopping the Senate impeachment court from opening
the dollar accounts of the chief magistrate.
The defense panel showed up in full force for a press briefing at Club
Filipino in San Juan City (Metro Manila) Sunday evening, where they revealed the
alleged attempt by President Aquino to bribe the senators. According to them, a
source who they refused to identify revealed the bribery attempt.
The lawyers said that the President reportedly ordered Executive Secretary
Paquito Ochoa Jr. to call senators to inform them of the offer—P100 million for
them to vote not to honor the TRO.
"Our expectation is within this week maglalabas ng P100 million per senator,
hindi ko alam kung totoo ito pero 'yun ang figure na ipinaabot sa amin para
ibasura yung TRO [within this week they will release P100 million for each
senator. I don't know if this is true but that's the figure for them to junk the
TRO]," defense lawyer Jose Roy 3rd disclosed.
Roy said that the source told them that members of the impeachment court are
complaining that they are being approached by Malacañang to seek their vote to
junk the Supreme Court ruling.
The High Tribunal last week granted a request of a Philippine Savings Bank
(PSBank) to issue a TRO against the order of the impeachment court to present
bank records of Corona's dollar accounts.
But members of the defense panel said that they remain optimistic that the
senators will choose to uphold the Constitution and will not allow themselves to
be swayed by the offer of Malacañang.
Lawyer Ramon Esguerra said that it will be up to the senators to decide
whether to compel the witness or even the branch manager of PSBank to present
the bank records because they believe that the backlash will not necessary be on
the case of the Chief Justice alone.
"There is a big possibility that the repercussions will also be felt by the
banks, the depositors and even the economy," Esguerra added.
Sen. Panfilo Lacson branded the claim of the defense panel as "pure rubbish."
He said that it is unfair and even contemptuous to preempt the senators who
are yet to discuss the matter in a caucus today.
"As one senator who has consistently refused his P200-million' pork barrel
'allocation year after year, I categorically declare that what the defense team
said about the P100-million offer to the senator-judges is pure rubbish."
Sen. Antonio Trillanes also denied the allegation.
Impeachable A former senator also on Sunday condemned the President for
ordering members of the Senate to defy the Supreme Court and warned that Mr.
Aquino himself could be impeached for such act.
Francisco Tatad said that meddling in the affairs of the Senate impeachment
court and the Supreme Court is an impeachable offense and a clear showing of the
President's "ignorance of the law."
Tatad noted that the President's disregard of an order issued by the highest
court of the land could trigger a constitutional crisis.
"This is the hardest thing to say, and I may not be forgiven for saying it,
but someone will have to say it here and now, or elsewhere or later, that by
this very act, [Mr. Aquino] may have rendered himself completely impeachable and
unfit to continue in office. He may have placed himself not just above the law
but against the law, the exact opposite of what a President should be," he said
in a statement.
"A President may honestly err in failing to understand the law and its
commands. But no President should ever inveigh against the law, and ask other
government officials to defy the law or an order of the highest court, based on
its interpretation of the law, just because he does not like or agree with it,"
Tatad added.
He disclosed that some senators admitted that they had received calls from
Ochoa Jr., who relayed an "urgent personal request from the President" for them
to disregard the restraining order so that dollar accounts of Supreme Court
Chief Justice Renato Corona could be disclosed to the public and pin him down.
"This suggests a constitutional crime of incalculable magnitude, given the
President's oath of office—"I do solemnly swear that I will faithfully and
conscientiously fulfill my duties as President of the Philippines, preserve and
defend its Constitution, execute its laws, do justice to every man and
consecrate myself to the service of the Nation. So help me God."
Tatad called on the Senate to stop the impeachment proceedings.
"As some senator-judges threaten to turn [ Corona's] Senate impeachment trial
into an inquisition, and [Mr. Aquino] tries to undermine its integrity by his
continued public attacks on the respondent, the Senate may have to terminate the
trial in midstream, if only to preserve its honor and whatever remains of the
separation of powers," he said.
"Should the trial continue, no one would ever know whether a senator-judge
would vote to convict because he/she believes that Corona is guilty or simply
because he/she has been coerced or intimidated by the President," Tatad added.
Recently, he quarreled with Sen. Franklin Drilon, who was perceived to be
"lawyering" for the prosecutors.
Coup rumors As the Senate continues with the impeachment trial of Corona
today, rumors of a possible coup to oust Senate President Juan Ponce Enrile are
again circulating.
Senate Majority Leader Vicente Sotto 3rd on Sunday admitted that he had heard
the rumors about a move by certain senators to unseat Enrile so that they could
control the impeachment court.
Sotto, however, could not confirm the veracity of the rumors.
Enrile, also acting as the presiding officer in the impeachment proceedings,
has earned recognition and admiration because of his fairness in his rulings and
his wide knowledge of the rules of evidence and the rules of court.
The Senate chief, though, became emotional when some of the senator-judges
questioned one of his rulings and subjected it to a vote. He has also expressed
willingness to vacate the position if his colleagues want him to be replaced.
Honor TRO The Integrated Bar of the Philippines (IBP) over the weekend urged
the senator-judges to respect the temporary restraining order.
"The power of the Supreme Court of judicial review over acts of Congress
applies whether the Senate is acting as legislature or impeachment court. The
Constitution has not made any distinction," the IBP, through Dennis Habawel,
spokesman and Northern Luzon governor, said.
"The SC [Supreme Court] issued the TRO upon its expanded power of judicial
review in connection with the issue of whether Congress may violate its own law
when acting as impeachment court," he added.
FROM THE MANILA BULLETIN
Secrecy Of Foreign Deposits Absolute – Miriam By
ROLLY T. CARANDANG February 13, 2012, 8:10pm
MANILA, Philippines — The law on secrecy of foreign currency deposits
describes this secrecy to be "absolute," except only and when depositor
consents.
Sen. Miriam Defensor Santiago stressed this Monday as she voted to respect
the Supreme Court temporary restraining order (TRO) on the disclosure of the
foreign currency deposits of impeached Chief Justice Renato C. Corona.
Congress made this law (secrecy of foreign currency deposits). The lawmakers
should not be the lawbreakers, she stated.
Santiago also said the impeachment court is not more supreme than the Supreme
Court.
"Obedience to the TRO preserves government stability, while disobedience
precipitates a constitutional crisis. If we have a choice between stability and
crisis, the wiser choice is always national stability," said Santiago in her
letter to Senate Majority Floor Leader Vicente Sotto III.
Santiago voted to respect the TRO based on the ideology that the impeachment
court is not almighty, not absolute, not illimitable, and not more supreme than
the SC.
The lady senator said the impeachment court is not authorized to violate the
law.
Explaining her vote in the Senate caucus Monday, Santiago said: "In the
present impeachment case, it is the Senate which has the last clear chance to
avoid a crisis, by obeying the TRO."
Under the Constitution, Santiago said, the judicial power is vested in the
Supreme Court. This judicial power has two components and these are: Justiciable
questions, which the Court defines as "actual controversies involving rights
which are legally demandable and enforceable"; and political questions, which
the Constitution defines as "grave abuse of discretion amounting to lack or
excess of jurisdiction."
She explained that the "political question doctrine" no longer applies under
the 1987 Constitution. "Under this discarded doctrine, a court should refuse to
decide an issue involving the exercise of discretionary power by the executive
or legislative branch of government."
"Assuming that the power to issue subpoena concerning foreign currency
deposits is discretionary with the impeachment court, still the Supreme Court
has power over this political question," added Santiago.
Instead, the lawmakers should, if necessary, amend the law, she further
explained.
But when the impeachment court obeys the Supreme Court TRO, Santiago said,
this does not mean that one is superior over the other. It merely means that the
Constitution is supreme over all branches and agencies of the government.
Santiago clarified, however, that this does not mean that the Supreme Court
has the power of judicial review over all constitutional questions. It only
means that the SC cannot exercise full judicial review, but it retains the power
of the most minimal judicial review. This is a result of the theory of checks
and balances, she said.
Santiago also cited two cases wherein the SC ruled that it has the power of
judicial review over impeachment cases.
The two cases are: Francisco v. Nagmamalasakit, 415 SCRA 44 (2003) and
Gutierrez v. House of Representatives, 643 SCRA 198 (2011).
The Francisco case involved the filing of the second impeachment complaint
against Chief Justice Hilario Davide Jr. The Supreme Court ruled: "The
Constitution did not leave the matter of impeachment to the sole discretion of
Congress – it provided for certain well-defined limits or "judicially
discoverable standards" for determining the validity of the exercise of such
discretion, through the power of judicial review."
In the case of former Ombudsman Merceditas Gutierrez, she cited the SC ruling
that stated:"The Court finds it well within its power to determine whether
public respondent committed a violation of the Constitution or gravely abused
its discretion in the exercise of the functions and prerogatives that could
translate as lack or excess of jurisdiction, which would force corrective
measures from the Court."
Chief News Editor: Sol
Jose Vanzi
© Copyright, 2012 by PHILIPPINE HEADLINE
NEWS ONLINE
All rights reserved
PHILIPPINE HEADLINE NEWS
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