TRO / DEFY TRO, SENATORS URGED
[PRESIDENT'S SECRETARY PACQUITO OCHOA]
MANILA, FEBRUARY 12, 2012 (MANILA TIMES) By Matikas Santos - VOTE VS
TRO IN CAUCUS Defense bares P100M payoff to senators for vote vs TRO in caucus
on Monday...
Malacañang is pressuring some senators to push for the opening of Chief
Justice Corona's foreign currency deposits at the PS Bank despite a temporary
restraining order from the Supreme Court, Corona's lawyers disclosed Sunday.
In a press conference at the Club Filipino in San Juan, the lawyers claimed
that P100 million would be released by Malacanang as a guarantee to senators in
exchange for their vote against the TRO when they meet in a caucus on Monday to
decide on whether they should abide by the ruling of the high tribunal.
They refused to divulge the name of their source but insisted that "he is
reliable and trust worthy."
They said that the money would come from "savings" and would be used for
"soft projects."
The defense said that they would open Corona's bank accounts once it's time
for them to present evidence.
They alleged that the Palace move to be implemented by President Benigno
Aquino III, through Executive Secretary Pacquito Ochoa, was disrespecting the
and in violation of the Constitution — an impeachable offense.
FROM THE STAR
Defy TRO, senators urged By Jess Diaz (The
Philippine Star) Updated February 12, 2012 12:00 AMComments (127)
MANILA, Philippines - The Senate impeachment court should defy the
Supreme Court's temporary restraining order (TRO) on its inquiry into Chief
Justice Renato Corona's five dollar accounts with Philippine Savings Bank
(PSBank), prosecutors said yesterday.
They warned that Senate compliance with the TRO would undermine and render as
"illusory" its exclusive constitutional power over impeachment cases.
Cavite Rep. Elpidio Barzaga Jr. said if the senator-judges accept that the
Supreme Court (SC) has the power to stop a subpoena issued by the impeachment
court, "then by parity of reasoning, the Supreme Court can also issue a TRO to
stop the impeachment trial since CJ Corona has a pending petition before the
high court."
"Recognizing the alleged power of the Supreme Court to review the orders and
decisions of the impeachment court on grounds of abuse of discretion will lead
to the conclusion that the Supreme Court can even review the judgment of
conviction in the event that one should be rendered by the impeachment court at
the end of the trial," he said.
Another prosecution panel member, Bayan Muna Rep. Neri Colmenares, said the
impeachment tribunal should pursue the opening of Corona's dollar accounts.
"The impeachment court must not allow the TRO to stop it from uncovering the
truth. The prosecution will vigorously insist on the opening of CJ Corona's
dollar accounts even if his peso accounts are more than sufficient to convict
him in the impeachment trial," he said.
He urged the eight SC justices who voted to issue the TRO to abandon their
support for Corona's "personal issue against graft and corruption."
"The charges of corruption against Corona is his personal issue and the eight
justices will go down with him should they persist in supporting Corona's
already discredited attempt to hide the truth," he said.
Colmenares said the Foreign Currency Deposits Act does not guarantee absolute
confidentiality of dollar deposits.
He said the SC itself in one case ruled that such confidentiality "only
applies to foreigners but not to Filipino account holders, otherwise all corrupt
officials, drug lords and gambling lords will just deposit their stash in dollar
accounts to escape prosecution."
In another case, he added that the SC ordered the opening of the dollar
account of a foreigner to pay for the damages awarded to a woman he was found to
have raped.
Senators are scheduled to decide tomorrow whether to comply with or defy the
TRO.
But even without such deposits being opened, the Movement 188 group of
congressmen-impeachers said Corona's freshly uncovered deposits of more than P31
million in PSBank and Bank of the Philippine Islands (BPI) would serve as the
"smoking gun" to warrant his conviction.
The group said the prosecution has shown that Corona did not declare such
deposits in his 2010 statement of assets, liabilities and net worth (SALN) as he
reported "cash and investments" amounting to only P3.5 million.
"His rearguard action to put a stop to the Senate trial betrays an apparently
nefarious and immoral effort to stop senator-jurors from unraveling peso and
dollar deposits that he had kept off his annual SALN and, worse, are grossly
disproportionate to his and his wife's declared incomes combined," it said in a
statement.
The movement noted the testimonies of bank officers in last week's trial that
Corona had a P12.5-million balance in one PSBank account and nearly P7.2 million
in another account with the same bank as of Dec. 31, 2010, and more than P12
million in a BPI account also as of Dec. 31, 2010.
"On top of undervaluing his properties or excluding some of them in his
yearly SALNs, the Chief Justice did not report bank deposits worth several times
more than his declared 'cash and investments' of P2.5 million to P3.5 million in
his SALN reports," the group said.
"In all probability, the Chief Justice has more money, this time in dollars,
stashed in at least five accounts with PSBank's Katipunan, Quezon City branch,"
it added.
Puppet
Malacañang, meanwhile, warned that the SC's interference with the Senate's
function as an impeachment court can make the chamber a "puppet" of the High
Tribunal.
"What's the sense of the provision of the Constitution saying the Senate will
be the sole trier of all impeachment cases? So that will become useless, that is
what's going to happen," presidential spokesman Edwin Lacierda said over the
state-run dzRB radio.
"What will happen to the Senate as an impeachment court? It will only be a
puppet of the Supreme Court," he added.
Lacierda said it was important for the Senate as an impeachment court "not to
allow interference from other branches."
For example, Lacierda said aside from blocking the opening of Corona's dollar
accounts, the defense might again go to the SC and question the presentation of
his peso accounts by invoking the "fruit of the poisonous tree" principle or
calling it a product of a "fishing expedition."
He said the defense might argue that the Senate committed grave abuse of
discretion when it subpoenaed the peso accounts of Corona.
Lacierda expressed confidence the senators would be able to decide wisely and
fairly on the issue by next week.
"Even the Supreme Court is divided, (the vote) on the decision was 8-5. So it
clearly shows that if they are saying that the Senate... is divided on the issue
on Supreme Court interference... the Supreme Court is also divided on the issue
on whether (it) should interfere in the Senate impeachment court. So that's up
to the Senate as a body, and the Supreme Court as a body to rule," Lacierda
said.
Lacierda said by standing firm on its independence as an impeachment court,
the Senate may appear to be more supreme or powerful than the SC but only
because it is trying officials who can be held accountable only through
impeachment.
"That should be qualified. The impeachment court – the Senate is a co-equal
branch of the judiciary and the executive," he said.
"Again, the Constitution provided a mechanism by which officials of the
executive branch, officials of the judiciary, and officials of the
constitutional commissions can be held accountable... by way of impeachment. And
the impeachment process, impeachment mechanism was given over... to the Senate
sitting as an impeachment court," Lacierda said.
He said the framers of the Constitution were clear on this. "And therefore...
if the Senate is sitting as an impeachment court, they should be supreme because
this is a unique entity created by the Constitution for one single purpose only
– that is to hold a constitutional official accountable. That job is only for
the Senate sitting as an impeachment court," he said.
"The Senate impeachment court is the sole trier of all impeachment cases in
the same manner that the Supreme Court is the final arbiter if there are
questions on the constitutionality of the law, or a contract or any issue other
than the impeachment case," he said.
He said the Senate as an impeachment court could even interpret laws "within
their own sphere sitting as an impeachment court."
"They can use laws, they can use jurisprudence that's being invoked and they
will also have the final say what laws should prevail because they compose the
impeachment court," Lacierda said.
He said Senate President and impeach court presiding officer Juan Ponce
Enrile has been fair in handling the trial.
"He (Corona) is really just looking for allies. But the point is, legally and
constitutionally, the Senate impeachment court is the sole trier of all
impeachment cases," Lacierda said. – With Aurea
Calica
FROM ABS-CBN
Malacanang says defense allegation a 'squid tactic'
ABS-CBNnews.com Posted at 02/12/2012 8:21 PM | Updated as of
02/12/2012 8:21 PM
MANILA, Philippines -- Malacanang on Sunday called on Chief Justice
Renato Corona to "stop running and stop hiding" and inflicting on the public
"idle talk."
In a statement, Presidential Spokesperson Edwin Lacierda (photo) said,
"Their conspiracy theories concerning the Executive Secretary [Paquito Ochoa
Jr.] is a diversionary tactic to distract attention from the evidence coming to
light in the impeachment trial."
He said the defense chooses to use "squid tactics" in order to deviate from
the real issues.
"The Senate has been conducting the impeachment trial in full light of day;
the prosecution and defense have been given every opportunity to have themselves
heard," he said. "We can only surmise that the defense has run out of ways to
conceal the culpability of its client, and has engineered this move as a
last-ditch effort to confuse the proceedings and prevent a resolution."
"The only danger in the disclosure of the Chief Justice's assets is the Chief
Justice's defense: the integrity of the banking system, our system of laws, the
cause of justice and good governance are not endangered by the proceedings of
the impeachment court," he added.
Earlier on Sunday, the defense alleged that Malacanang offered P100 million
for senators to skirt around the Supreme Court-issued temporary restraining
order on the subpoena issued on Chief Justice Renato Corona's alleged dollar
accounts.
Citing a "very reliable" source, defense lawyer Dennis Manalo said Ochoa has
been contacting senator-judges not to honor the halt order.
Another lawyer, Jose "Judd" Roy III, alleged the money will be sourced from
government savings to be used for "soft projects." The funds will supposedly be
released this week.
Chief News Editor: Sol
Jose Vanzi
© Copyright, 2012 by PHILIPPINE HEADLINE
NEWS ONLINE
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