COURT HONORS TRO ON CJ $ ACCOUNTS
MANILA, FEBRUARY 14, 2012 (PHILSTAR) By Christina Mendez - Voting
13-10, the Senate sitting as an impeachment court yesterday ruled to respect the
temporary restraining order (TRO) issued by the Supreme Court (SC) to prevent
the opening of Chief Justice Renato Corona's foreign currency accounts with
Philippine Savings Bank (PSBank).
The SC lauded the Senate's decision, saying it had expected that the TRO
would be respected.
Those who voted to respect the TRO were Senators Joker Arroyo,
Miriam Defensor-Santiago, Manuel Villar, Ralph Recto, Francis Escudero, Aquilino
Pimentel III, Loren Legarda, Gregorio Honasan, Bong Revilla, Ferdinand Marcos
Jr., Vicente Sotto III, Jinggoy Estrada, and Senate President Juan Ponce
Enrile.
Those who voted to defy the TRO were Senators Franklin Drilon,
Sergio Osmeña III, Edgardo Angara, Panfilo Lacson, Francis Pangilinan, Antonio
Trillanes, Lito Lapid, Teofisto Guingona III, and siblings Alan Peter and Pia
Cayetano.
Despite the impeachment court's ruling, the Senate asserted that it has the
sole and exclusive jurisdiction to try and decide all impeachment cases.
"This is very clear under paragraph 6, Section 3 of Article 11 of the 1987
Constitution," Enrile said.
"After a deliberation on the issue, the majority of this court has decided to
respect the TRO dated 09 Feb. 2012 issued by the SC in the case filed by the
PSBank insofar as the foreign currency deposit accounts are concerned," the
impeachment body's ruling read.
Enrile said the body "will respect the TRO of the court as far as deposits
falling under RA 6426 but not under RA 1405, which refers to local currency
deposits because of the exception they contain."
Nevertheless, he said the "Senate, acting as an impeachment court, is
prepared to argue its case on the merits and to defend the legal and public
policy basis underlying its ruling about the said subpoenas."
Enrile noted that each member of the court had reached a decision after
almost four hours of closed-door caucus from 11 a.m. to about 3 p.m.
He said each member explained his or his position before the vote was taken.
No votes explained
Minority Leader Alan Cayetano said he did not get P100 million for projects
but had a hundred million reasons to vote to defy the SC TRO, referring to
allegations by the defense team in Sunday's press conference that the Palace had
been calling senators to vote against the TRO.
Senators Cayetano and Francis Pangilinan said they will submit written
explanations on the issue.
"The impeachment court is as high or as equal as the Supreme Court," Cayetano
argued, reiterating that matters pertaining to impeachment should be left with
the impeachment court.
Sen. Pia Cayetano said if she had a choice, she would not have wanted the
issue to be put to a vote. But she chose to cast her vote defying the TRO,
citing the case of Nixon vs. United States, where the criminal trial already
called for judicial supremacy of the impeachment court.
However, Enrile disagreed with the lady senator, saying this is different in
the case of the Philippines "because we have a different system of government."
Senator Trillanes said the issue is not a constitutional crisis, but a moral
crisis.
"On one hand, the Supreme Court, which through their TRO, threw the concept
of judicial restraint out of the window and intervened in the affairs of the
Senate as an impeachment court to protect and cover up for one of their own. On
the other hand, the Senate, which is merely performing their mandate, is clearly
defined by the Constitution," he said.
Yes votes
Senator Escudero said the senator-judges cannot speak about high moral
authority if the Senate body itself would violate the law.
"Mr. President, when we speak of morality and doing what is right I'm of the
firm belief that in our search for the truth this does not in any way give us
any right to violate the law," Escudero said.
In voting with the majority, he said he believes that the SC's TRO is wrong
but the place to slug it out is not here but before the Supreme Court.
"In the search of truth, the impeach body should not tolerate violating the
law as many others, who had wantonly violated them. We have no license to break
the law and not to respect the order of the Supreme Court," Escudero said.
Santiago, on the other hand, noted that in the last clear chance doctrine,
"obedience to the TRO preserves governmental stability, while disobedience
precipitates a constitutional crisis.
"If we have a choice between stability and crisis, the wiser choice is always
national stability," she said.
Santiago also argued that the case of Nixon vs. United States cannot be cited
in the Corona case because "the US Court has no provision similar to ours."
"If we do not recognize the Supreme Court, who are we? How much judicial
review can we give (the SC)? Those are the nightmares of someone who does not
know the judicial process," Santiago said, without naming names.
Estrada, in explaining his yes vote, noted that his family was a victim of
the past administration for not upholding the rule of law during the case of his
father, former President Joseph Estrada.
Estrada said there were times that he or his family may not always be on the
good side of the decisions of the courts, but "we have always respected the
decision of the Court whether it is adverse or not."
He said the Aquino administration cannot afford to be saddled by a
constitutional crisis as a result of defiance of the SC order.
Legarda echoed that the Senate has the sole discretion over the impeachment
trial, but the action of the Senate does not give the SC jurisdiction over the
impeachment court.
Villar, on the other hand, expressed belief that the country's economy would
be at stake if the Senate would defy the SC ruling.
A real estate businessman, Villar noted that the foreign currency deposits in
the country now amount to $31 million or P1.3 billion.
SC: We expect impeachment court to comply
Speaking at a press conference, SC spokesman Midas Marquez said he believes
that the decision of the Senate could dispel fears of a possible constitutional
crisis.
"I foresee that hearings will proceed, and defense will continue to represent
the CJ. There are a number of issues that the impeachment court should tackle,"
he said.
As for the issue on whether or not the decision to respect the TRO already
means the Senate was submitting to the jurisdiction of the SC, Marquez said it
is still best to wait for the comment of the Senate as required by the high
court.
He said it does not necessarily mean that the Senate was already conceding
the SC was superior: "It was an interlocutory order of the Senate and therefore
it was questioned before the SC. This order by SC is just a TRO, an initial
order and not decision on the merits. Just the same, we welcome the Senate
vote."
Marquez said congressmen should likewise "take cue from the voting of the
senators" in their reported plan to initiate impeachment of eight justices who
voted for the issuance of the temporary restraining order on the petition of
PSBank.
Prosecution warns of another TRO
The House prosecutors said they are unfazed by the Senate ruling but
expressed apprehension on the possibility of another TRO stopping the
impeachment trial altogether.
"We were saddened by the Senate impeachment tribunal decision but we accept
and respect their decision," Quezon Rep. Lorenzo "Erin" Tañada III said in a
press conference.
Tañada said he is confident that the evidence they have already presented
before the impeachment court were enough to convict Corona of betrayal of public
trust.
However, he lamented that the non-disclosure of Corona's dollar accounts
"failed to complete the whole story."
Marikina City Rep. Romero Quimbo said he is worried that there is a
possibility of another TRO, which might be issued by the SC in favor of Corona.
"What happens if another TRO is issued on the petition of the Chief Justice
which effectively is based on setting aside and declaring all the proceedings
starting Dec. 12 all the way to Jan.16 up to today has been null and void, that
is our fear," Quimbo said.
"This particular TRO is a trial balloon for another TRO which the SC might
actually issue on the petition of CJ," he said.
However, he expressed belief that the Senate impeachment decision yesterday
does not indicate how the senator-judges will be voting on whether or not to
convict Corona.
House Majority Leader Neptali Gonzales II, who is supervising the prosecution
panel, said even without Corona's dollar deposits being examined, prosecutors
have enough evidence to prove that the Chief Justice did not declare a large
part of his wealth in his statement of assets, liabilities and net worth (SALN).
"We consider the evidence to be very strong to warrant conviction. The
contents of CJ Corona's peso accounts with PSBank and BPI (Bank of Philippine
Islands) would suffice," he said.
He said the House prosecution team led by Iloilo Rep. Niel Tupas Jr. has
shown in last week's trial that Corona had nearly P20 million in two PSBank
accounts and P12 million in BPI as of Dec. 31, 2010.
He said Corona did not declare the bulk of those deposits in his 2010 SALN as
he reported "cash and investments" amounting only to P3.5 million.
Gonzales said that aside from failing to declare his bank deposits, Corona
did not declare his P14.5-million Bellagio penthouse in Bonifacio Global City,
Taguig, another condo unit in Bonifacio Ridge also in Global City, and his condo
at The Columns in Makati City in his SALNs for the years during which they were
acquired.
They were declared only in 2010, five years to six years after the Bonifacio
Ridge and The Columns condo units were purchased and a year after the Bellagio 1
penthouse was acquired, he added.
Gonzales urged Corona to agree to the opening of his dollar deposits "now and
not later."
"His lawyers claim he would open those accounts in due time. What better time
to expose those accounts than now when the impeachment court and the public want
to know how much those accounts hold in dollars," he said.
Palace remains confident
Meanwhile, Malacañang maintained that it fully understands the Senate's
decision to abide by the SC's freeze order, but warned that the issue is not yet
over because they have "much more evidence to ensure conviction."
"The truth will emerge. The issues remain joined. There is much more evidence
to present. There are many more fights left before the day of judgment comes,"
presidential spokesman Edwin Lacierda said.
He said they cannot fault the Senate for deciding to comply with the TRO.
"Surely the intention of the Senate is not to embolden those with ill-gotten
wealth, to salt away their funds in foreign currency accounts," he said.
President Aquino, speaking at the Philippine National Police's command
conference in Quezon City, said he remains confident that the prosecution could
ferret out the truth through other venues.
"Is that the endpoint? There are other avenues that I think the spokespersons
of the prosecuting team can highlight as to how we will be able to secure the
relevant data," Aquino said, adding that the prosecutors seems to have proven
the case already "from the mere unearthing of the peso accounts."
Lacierda, on the other hand, pointed out that one thing remains clear – that
Corona had not been truthful to details he declared in the SALNs he filed, as he
concealed properties and bank accounts.
"The evidence thus far presented shows that the Chief Justice has not
rendered a faithful accounting of his assets and liabilities. As more evidence
of this nature is produced, it can only underscore how the Chief Justice
willfully broke the law," he said. – Aurea Calica, Delon
Porcalla, Edu Punay, Helen Flores, Jess Diaz
Impeach court honors TRO on Corona's dollar
accounts By Angie M. Rosales 02/14/2012
The Senate impeachment court upheld the temporary restraining order (TRO)
that the Supreme Court issued on the dollar accounts of Chief Justice Renato
Corona with the Philippine Savings Bank (PSBank).
Senators sitting as judges in the impeachment court, voted 13-10 to heed the
TRO with a qualification that the Senate court reserves the right to argue with
the high tribunal its authority to issue subpoenaes on the records of the dollar
accounts.
"Thirteen members of the court opted to respect the TRO issued by the SC on
this particular issue regarding the matter raised by PSBank with respect to the
alleged foreign currency deposit of the respondent in that bank," Enrile, who is
the presiding officer of the impeachment court, said.
PSBank sought the intervention of the high tribunal after the bank, through
its president Pascual Garcia III, was compelled by the impeachment court last
week to disclose details about Corona's purported dollar deposits, supposedly
being maintained in PSBank's Katipunan branch in Quezon City in the caleged
amount of $700,000.
"The Senate asserts that it has the sole and exclusive jurisdiction to try
and decide in impeachment cases, all impeachment cases. This is very clear under
paragraph 6, section 3 of Article 11 of the 1987 Constitution," Enrile added.
"After a deliberation on the issue, the majority of this court, has decided
to respect the TRO dated 09 Feb., 2012 issued by the SC in the case filed by the
PSBank insofar as the foreign currency deposit accounts are concerned, meaning
that we will respect the TRO of the court as far as deposits falling under R.A.
6426 (Foreign Currency Deposits Act) but not under RA 1405, or the Bank Secrecy
Law, which refers to local currency deposits because of the exception there
contained," he added.
Enrile added that, nevertheless, the Senate reserves the right to vigorously
defend before the SC the issuance of the subpoenas on the foreign currency
accounts.
"The Senate acting as an impeachment court in the trial of the honorable
Chief Justice Renato Corona of the SC is prepared to argue its case on the
merits and to defend the legal and public policy basis underlying its ruling
about the said subpoenas," Enrile said.
Emerging from almost a four-hour closed door caucus before the resumption of
the trial proceedings, Enrile read the ruling that members of the impeachment
tribunal reached following a deliberations on the matter, with Majority Leader
Vicente Sotto III reporting the names of those who voted to obey the SC's TRO.
They are Senators Joker Arroyo, Miriam Defensor-Santiago, Manuel Villar,
Ralph Recto, Francis "Chiz" Escudero, Aquilino "Koko" Pimentel III, Loren
Legarda, Gregorio Honasan, Ramon "Bong" Revillar Jr., Ferdinand "Bongbong"
Marcos Jr., Sotto, Jinggoy Estrada and Enrile.
Those who voted against it were Senators Franklin Drilon, Alan Peter
Cayetano, Sergio Osmena III, Edgardo Angara, Panfilo Lacson, Pia Cayetano,
Francis Pangilinan, Antonio Trillanes IV, Manuel "Lito" Lapid and Teofisto "TG"
Guingona III.
In the middle of Thursday's proceedings, Enrile moved to halt any discussion
before the impeachment court the issue of Corona's alleged dollar deposits
immediately after being told of the issuance of the TRO by the SC.
"When that news reached this presiding officer, he made an appeal that we
take heed of the order of of the highest court of the land," Enrile said before
reading the ruling they made.
As a number of his colleagues suggested and advanced the opinion that the SC
cannot exercise its authority on judicial review or its jurisdiction over the
impeachment court's proceedings, Enrile said he opted to submit the matter to
the consideration of all the senator-judges and which was thoroughly discussed
during their caucus.
Senator-judges took turns in explaining their respective reasons for their
votes with those for and against the matter of obeying the high court's order
taking a strong stance for the position they have taken.
Guingona claimed it's frustrating that the high court is being barred from
uncovering the truth on the allegations which the House prosecution panel
claimed are among the purported undisclosed wealth of the chief magistrate.
"Since the TRO is only temporary and for the meantime only, there is no great
damage to be suffered from respecting it only for the meantime only. And in that
meantime, the Senate will also vigorously defend its sole power to try and
decide impeachment cases before the SC. The matter of jurisdiction will be
raised by the Senate before the SC," Pimentel said.
Escudero said that while he was among those who voted to subpoena bank
records of Corona, including those pertaining to foreign accounts and believed
that the issuance of a TRO is wrong, he is of the position that slugging it out
with the high tribunal should not take place in the impeachment court but in the
SC.
Trillanes voted not to abide (to the SC's TRO). We, the graduates of PMA
(Philippine Military Academy) are not taught to be saints and we don't even
pretend to be self-righteous. We have been trained to seek a moral high ground,"
Trillanes said.
Cayetano, on the other hand, cited a case involving the Nixon impeachment
case in which the United States' SC acknowledged the jurisdiction of the
impeachment court.
"I agree with what you stated but those pronouncements and decisions are
based on the US federal government. They're unlike the provisions of our
constitution and I'm sure if those scholars and judges would have decided the
cases in the light of the present constitution, I am not sure if they will make
the same pronouncements," Enrile said.
Sen. Miriam Defensor Santiago said she voted to obey the SC TRO on the
foreign currency deposits of the Chief Justice, on six grounds based on the
ideology that the impeachment court is not almighty, not absolute, not
illimitable, and not more supreme than the Supreme Court, among which are the
last clear chance doctrine in which obedience to the TRO preserves governmental
stability, while disobedience precipitates a constitutional crisis. If we have a
choice between stability and crisis, the wiser choice is always national
stability; and judicial power includes both justiciable questions and political
questions;
She said the "political question doctrine" no longer applies under the 1987
Constitution."
Zambales Rep. Ma. Milagros Magsaysay, meawnhile, said the Senate impeachment
tribunal should mull the enforcement of a gag order on both the panels of
prosecution and defense against holding press conferences while the impeachment
trial is in session but added that Malacañang should stop meddling in the
impeachment process.
This was the reaction of the lawmaker following the defense team's press
conference held over the weekend accusing Malacañang of influencing senator
judges to defy the TRO passed by the Supreme Court barring the disclosure the
contents of Corona's dollar account for the trial.
"If the reports are true, then PNoy's men should stop using their influence
on their allies in the Senate as they did with their allies in Congress. If
their evidence is strong, then they should be able to prove the alleged guilt of
the Chief Justice based on evidence that is permissible in court and not cast
aspersions on information that they have yet to see," Magsaysay said.
The Senate court's decision to honor the TRO was meant to keep Chief Justice
Renato Corona's defense lawyers from staging a walk out from the proceedings, a
top Palace official said.
"The Senate's decision closes the door on the defense walking out of the
proceedings and heads off any attempt to entice the Supreme Court to put an end
to the impeachment trial. From the very start, the defense has maneuvered to
give the impression that a constitutional crisis is inevitable. They no longer
have a pretext to make this claim", presidential spokesperson Edwin Lacierda
said.
An unfazed Malacanang likewise remains confident that the House prosecution
panel would still be able to pin down Supreme Court Chief Justice Renato Corona
despite the setback it got.
In a press statement farmed out to the Palace reporters shortly after
learning of the results of the Senate caucus, Lacierda said that they would
respect the decision of the Senate acting as impeachment court while reiterating
its belief on the Senate impeachment court's ability to weigh evidences against
Chief Justice Corona.
The Palace mouthpiece added that the presented evidences alone is already
sufficient to pin down Corona on the aspect of his "unfaithful accounting of his
assets", as required by the law.
The prosecution panel predictably lamented the decision of the Senate
impeachment court.
According to the prosecution panel's spokespersons, the Supreme Court does
not have anything to do with the impeachment process even as they said that
they, now, would have to contend with the peso accounts, which is in itself
already very damaging to the chief justice.
They said that the law on the secrecy of the dollar bank accounts should be
amended, Quezon Rep. Erin Tañada said in a press conference yesterday, adding
that the impeachable officials could use the law to hide illegally gotten
wealth.
Aurora Rep. Sonny Angara, for his part, said that the bank secrecy law is
lopsided in favor of the dollar accounts as there are more exceptions for
disclosure in the case of peso accounts than that of dollar accounts.
Sen. Lito Lapid, a dyed in the wool supporter of former President Gloria
Arroyo was a sore thumb during yesterday's vote in the senate over whether to
honor the TRO issued by the Supreme Court stopping the presentation of
confidential dollar bank accounts supposedly belonging to Corona.
Lapid voted along with the pro palace camp in the senate not to honor the TRO
and came a day after the defense panel held a press briefing claiming that
Executive Secretary Paquito Ochoa approached lawmakers urging them to ignore the
SC TRO.
Sources in the defense panel however said that Lapid's change of heart could
be more penal than pecuniary. "Let us remember that there are plunder charges
pending before the Office of the Ombudsman by Pampanga Gov. Ed Panlilio against
Lapid, his son Philippine Tourism Authority General Manager Mark Lapid, and
three others over an alleged quarry scam."
Meanwhile Court administrator Midas Marquez says the high court welcomed the
vote of the high court to honor the TRO issued by the SC in favor of PSBank.
"The Court welcomes vote taken by senate. The information I received is that
Senate received the TRO before 2 pm this afternoon. It was an order issued byh
the court. The court is actually expecting it will be complied with."
"This order by the SC is just a TRO, an initial order not decision on the
merits. Just the same we welcome the senate vote." Marquez pointed out. "I think
they have their own respective views just like any collegial body and those
views must be respected." Fernan J. Angeles, Charlie V.
Manalo, Benjamin B. Pulta
Chief News Editor: Sol
Jose Vanzi
© Copyright, 2012 by PHILIPPINE HEADLINE
NEWS ONLINE
All rights reserved
PHILIPPINE HEADLINE NEWS
ONLINE [PHNO] WEBSITE
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