RECORDS FOR COMPARISON
[PHOTO - "Nanganak na... Wala
akong kinalaman dyan, ha. (She just gave birth... I have nothing to do with
it.)" – Comment overheard from lead defense counsel Serafin Cuevas following an
announcement that bank manager Leonora Dizon, a witness in the Corona
impeachment trial, could not attend the proceedings because she gave birth
yesterday. Read News Report below]
MANILA,
FEBRUARY 16, 2012 (philstar) By
Marvin Sy - The Senate, acting as impeachment court, ordered the Philippine
Savings Bank (PSBank) yesterday to produce the original records of accounts of
Chief Justice Renato Corona to settle once and for all the question over the
authenticity of the documents presented by the prosecution panel.
On Day 18 of the trial, Senate President and impeachment court
presiding officer Juan Ponce Enrile ordered PSBank president Pascual Garcia
III (photo at left) to bring the customer identification and specimen
signature card of Corona for two peso-denominated accounts in the bank.
Enrile explained that the Senate would only be comparing the signatures of
the approving officer for the opening of two accounts contained in one of the
annexes attached by the prosecution panel in its supplemental request for
subpoena last Feb. 3.
Garcia voiced concern regarding the order of the Senate because the original
documents contain not only information about the peso accounts but also Corona's
foreign currency deposits.
He explained that as far as the account balances are concerned, the records
are kept in separate documents, but for the other documents, they are lumped
together.
It was Sen. Franklin Drilon who moved to secure the original bank documents
after the authenticity of the photocopied documents presented by the prosecution
to the court were put into question. He said the bank may submit the original
documents but with the information on the foreign currency deposits covered.
Both Garcia and Katipunan branch manager Annabelle Tiongson have testified
that the photocopied documents of the prosecution were fake because of
differences with the original records kept by the bank.
Specifically, Garcia cited the highlights, underlines and some notations in
the photocopied documents that were not present in the original copy.
In one particular document, Garcia said that there were signatures present in
the photocopied documents that were not in the original.
But as far as the forms used as well as other information in the photocopied
documents, Garcia admitted that they were similar.
Lawyer Regis Puno, legal counsel of PSBank, explained to the
court that the concerns being raised by the bank were based on the fact that
there is only one document involved and that this was "fake, spurious and bogus
because of its differences" (with the original).
"Because of RA 6426 (Foreign Currency Deposits Act) they cannot disclose it.
Because of the temporary restraining order (TRO) they cannot even discuss it. It
is one single document and there is a TRO," Puno said.
"With all due respect, what cannot be done directly in violating the TRO
cannot be done indirectly by pointing to specific portions of that document,
which they (bank officers) have already testified and stated to be fake. Even if
you discuss particular portions of that so-called document, they will tend to
establish certain facts in relation also to the FCDU (foreign currency deposit
unit), therefore it is in violation of the TRO," he added.
Drilon pointed out that it was the bank officers who created the entire
controversy with their pronouncements that the prosecution's documents were
fake.
"We are not looking into the dollar accounts. We will not even look into
that. It is just that we are testing the credibility of the witness (Tiongson),"
Drilon said.
Prosecution elated
The prosecution, meanwhile, welcomed Enrile's order. "At least it will settle
the issue on what initially the bank manager has said as fake, a faked document.
I think we can put that to rest already so we can move on," said House
prosecution spokesman Quezon Rep. Erin Tañada.
Another prosecution spokesman, Marikina Rep. Miro Quimbo, urged the public to
focus on Corona's 10 accounts with PSBank and not on doubts raised regarding the
authenticity of the records.
"We need to stress in strongest terms that we acted in good faith," he added.
Rep. Juan Angara agreed with his colleagues that the testimonies of Garcia
and Tiongson would only be confirmed or denied once the real Corona bank
accounts are scrutinized by the impeachment body.
But Sen. Joker Arroyo said the impeachment court appeared to be spending so
much time discussing the bank documents and in the end might face dilemma if
these are proven to be fake.
"If spurious documents were presented here, what concerns me is simply this,
if this is true, what happens?" Arroyo said.
Enrile explained that the order to secure the original documents from PSBank
is meant to determine whether there are substantial differences contained in the
photocopied documents.
"If this document is found to be falsified in some respect, then we will
determine whether the falsification is substantial enough to exclude this as
evidence at the proper time and second, to make those responsible for
alterations to answer for it," Enrile said.
"And it will be the burden of the prosecution to explain why they requested
for a subpoena duces tecum in the face of an altered document. At the point,
it's up to the court to decide whether disciplinary measures will be imposed on
those responsible for the alterations," he added.
The prosecution panel led by Iloilo Rep. Niel Tupas and Mindoro Oriental Rep.
Reynaldo Umali were put on the spot after their story about how an anonymous
source, "a little lady," handed the documents to the latter at the Senate was
questioned by the senator-judges.
Apart from the account opening documents, the Senate also directed Tiongson
to bring the logbook of her branch containing the records of every person who
had access to the vault containing these documents.
In her previous testimony, Tiongson said that access to the documents is
limited to four persons only, including herself.
She said that the filing cabinet inside the vault where the documents are
contained can only be opened using the keys held by any two of the four bank
officers at any given time.
Whenever this is accessed, Tiongson said that the two officers involved would
have to sign the logbook for record purposes.
DOJ may step in
The Department of Justice has the authority to look into the reported fake
bank records of Corona that members of the House prosecution team have provided
the Senate hearing the impeachment case against the chief magistrate, a Palace
official said yesterday.
Deputy presidential spokesperson Abigail Valte said concerns about violations
of the Bank Secrecy Law are well within the ambit of prosecutors from the DOJ,
mainly because they are criminal in nature.
"If it's a violation, if there is an alleged violation of the Bank Secrecy
Law, that would be the Department of Justice. Criminal case po iyan," she told
Palace reporters in a briefing, when asked which agency would help investigate
the matter.
"Normally, it is initiated by a complaint especially if there is a private
entity that is involved," Valte said, downplaying insinuations the leaked bank
records could have come from the Bangko Sentral ng Pilipinas.
"On the bank documents, let's not be confused. Remember that there are bank
documents that were brought by the witnesses and there were bank documents that
were attached by the prosecution," she said.
These documents were "in support of their (House prosecutors) motion for the
issuance of a subpoena which they admitted very frankly in their motion that
(it) was unverified," Valte maintained.
She also dismissed speculations the bank documents came from the Palace.
"Malacañang has no access to these records. As testified to by the bank manager
herself, only they have custody or access to these records," she said.
She added she sees no problem with other officials, including those from the
BSP, being asked to testify in the impeachment trial.
Valte also said Sen. Jinggoy Estrada raised a "valid question" regarding the
authenticity of the bank records submitted by the prosecution to the impeachment
court.
"This is an issue that can properly be addressed by bank officials themselves
because they have custody of their records," she said.
Documents authentic
For the prosecution, there's no doubt the photocopies of bank documents in
its possession showing the peso and dollar accounts of Corona are authentic.
In a manifestation filed with the Senate impeachment court, the prosecution
panel said the impeachment tribunal, through the supposedly fake documents, was
able to confirm the existence of 10 accounts of Corona with Philippine Savings
Bank-Katipunan Avenue, Quezon City branch.
It said even the Chief Justice, through lawyers representing him in his
impeachment trial, has confirmed his dollar deposits when he promised that he
would disclose information about these in "due time."
"Even the defense effectively admitted the existence of the dollar accounts
by undertaking to open them 'in due time.' This confirmation tends to show that
Annexes A to A-4 (referring to the photocopies) are seemingly and reasonably
authentic," the panel said.
It urged Corona to now open his dollar accounts "to resolve this issue once
and for all and in order to arrive at the truth."
Tupas and prosecution manager Rep. Joseph Emilio Abaya of Cavite filed the
manifestation in compliance with an order from the impeachment court to explain
the documents in their possession.
The impeachment tribunal issued the order after Tiongson described one of the
documents in the prosecution's possession as "fake."
Tupas and Abaya said the tribunal could not rely on the say-so of PSBank
officers since they "have a natural motive to deny their authenticity because
they would want to avoid potential liability for the possible leakage of their
bank records."
"There has to be an actual production of the original records of PSBank
pertaining to all the peso and dollar accounts of respondent so that a proper
comparison and verification can be made," they said.
Tañada said Tiongson appeared nervous and erratic when she testified last
Thursday.
"She initially told the impeachment court, in answer to questions raised by
Sen. Estrada, that the documents in the bank's possession and those with the
prosecution matched. She later backtracked and claim they were fake," he said.
He reiterated that the so-called fake documents yielded accurate information
on the five peso accounts and five dollar accounts of Corona with
PSBank-Katipunan.
Corona dared anew
The prosecution also reiterated its challenge to Corona to make good his
promise to open all his bank accounts, including his dollar deposits. The
Supreme Court has issued a temporary restraining order on the presentation of
Corona's foreign currency deposits with PSBank.
"The defense lawyers and the Chief Justice himself made a commitment that
they will open all his bank accounts – both peso and dollar – in due course and
we will have to take their word for it," said panel spokesman Angara.
Voting 13-10, the Senate resolved on Monday to comply with the TRO preventing
the impeachment court from examining the chief magistrate's dollar accounts
believed to contain at least $700,000 or roughly P30 million.
Quimbo, however, said an assurance from the defense team to open the dollar
accounts "provides some kind of relief to this temporary setback."
"We welcome the commitment made by the Chief Justice and his counsels. We
thought there was no other way for us to see the contents of Mr. Corona's dollar
accounts after the Senate ruling until we get this commitment from the defense,"
Quimbo added in a statement.
Republic Act 6426 or the Foreign Currency Deposit Act guarantees absolute
confidentiality of foreign denominated accounts. There is only one exception to
the confidentiality of foreign currency deposits: it can be examined only with
the consent of the depositor.
Tañada said they hope Corona will issue a written consent to opening his
dollar accounts to scrutiny "at the soonest possible time."
"We couldn't wait to see the dollar deposits of the Chief Justice. We're glad
Mr. Corona himself will make these accounts public. The prosecution expects him
to sign a written permission to that effect," Tañada said.
On Sunday, defense lawyers asked President Aquino to "relax" and just wait
for the Chief Justice to open his bank accounts in due time.
"Kung bank account ang pinoproblema nyo, 'wag kayong mag-alala. Bubuksan nya
lahat 'yan dahil hindi niya ninakaw 'yan… Relax lang kayo, Ginoong Pangulo (If
you're having problem with his dollar account, don't worry he's going to open it
because it's not stolen. Relax, Mr. President)," a defense statement read by
lawyer Dennis Manalo said.
But last Monday, one of Corona's lawyers, Jose Roy III, told the impeachment
tribunal their client did not authorize them to release his bank information
because the Chief Justice himself would do it in "due course."
"Let me be clear. This is the way we understood our instructions. The Chief
Justice has informed us and authorized us to announce that he would disclose the
bank accounts himself at the appropriate time. That is what we mean by 'in due
course,'" Roy said in response to a query from Sen. Aquilino Pimentel III.
Corona is being accused of failing to make truthful and honest declaration in
his statements of assets, liabilities and net worth (SALNs) in violation of the
Constitution.
Pieces of evidence presented before the Senate impeachment court have so far
yielded close to P32 million in unreported cash deposits in 2010 alone and P27.2
million worth of undervalued properties, both of which could not be supported by
his income.
Meanwhile, Zambales Rep. Milagros Magsaysay hit Malacañang yesterday for
dismissing a testimony from a PSBank official that Corona's bank records in the
possession of the prosecution were fake.
The opposition lawmaker was commenting on the statement of presidential
spokesman Edwin Lacierda that the documents in question were authentic.
"How can Lacierda say that (authentic) for a fact? Do they have something to
do with procuring documents illegally? Because it appears that way," Magsaysay
said.
"Doesn't he realize that he is instigating a loss of confidence with the
depositors (of PSBank) which may lead to a bank run? Doesn't he realize its
impact on the banking industry and on the economy as a whole?" – With Delon Porcalla, Jess Diaz, Christina Mendez, Paolo
Romero
Force majeure excuses trial witness By Jose Rodel
Clapano (The Philippine Star) Updated February 16, 2012 12:00 AMComments (3)
[PHOTOS FROM REUTERS 6 DAYS AGO - Leonora
Dizon (C), manager at a Bank of the Philippine Islands branch, reads a document
while giving testimony as a witness during the impeachment trial of Supreme
Court Chief Justice Renato Corona at the Senate in Manila February 9,
2012.]
MANILA, Philippines - A witness in the impeachment trial of Chief Justice
Renato was spared from a potentially unnerving experience on the witness stand
after she was rushed to hospital to give birth.
Leonora Dizon, branch manager of Bank of the Philippine Islands (BPI) on
Ayala Avenue in Makati City, was to testify yesterday on Corona's current
account with the bank.
Lawyer Rosario Jurado Benedicto announced before the impeachment court that
Dizon could not come because she had given birth at an undisclosed hospital.
On hearing the announcement, defense lead counsel Serafin
Cuevas was overheard quipping, "Wala akong kinalaman dyan (I have nothing to
do with it)."
"Our witness from the BPI has given birth. She gave birth early this morning
at around 7:45," Benedicto said. No other details have been released.
Senate President Juan Ponce Enrile, presiding officer of the
impeachment court, allowed the prosecution panel to present a substitute
witness.
"She gave birth. Well, that is a force majeure for the appearance of the
witness," Enrile said.
Enrile then called for a minute's recess to wait for Dizon's replacement.
However, when the impeachment court resumed session, there was still no
replacement witness.
He then ordered the presentation of another witness, PSBank Katipunan branch
manager Annabelle Tiongson.
Cuevas objected to the presentation of documents pertaining to the monthly
statement of Corona's peso account with BPI Ayala branch. He said Dizon had
already been examined by both the prosecution and the defense.
But Sen. Franklin Drilon said they wanted to know from Dizon's
testimony if there had been several transactions covering Corona's P14-million
BPI account.
He said it was the defense panel itself which had earlier requested to
subpoena the documents from BPI.
Cuevas admitted that they made a manifestation for the presentation of the
documents on Corona's account in BPI, but later withdrew it after Corona himself
told him that they already have the documents.
"We filed a motion why we are abandoning the motion to present these
documents because we already have that. We are placing it on record so that we
will not be precluded," Cuevas said.
"To determine that this figure is not one single deposit and withdrawal,
produce the documents that the counsel requested. The counsel asked for these
documents," Drilon said.
"Bear with me. We have settled this already. The witness was subpoenaed by
this court to satisfy the members of this court who want to ask questions to
this (Dizon) witness," Enrile told Cuevas.
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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