/ DEFENSE DISHEARTENED BY 'FAKE' BANK DOCS
MANILA, FEBRUARY 11, 2012 (ABS-CBN) by Willard Cheng, ABS-CBN News -
Malacañang called as a "brazen effort to derail the proceedings" the Temporary
Restraining Order (TRO) issued by the Supreme Court on the subpoena issued by
the impeachment court on the alleged dollar accounts of Chief Justice Renato
Corona in Philippine Savings Bank (PSBank).
"While the supporters of the Chief Justice clearly lacked the numbers to go
even further and try to stop the proceedings, the TRO handed down by the Court
is a brazen effort to derail the proceedings," presidential spokesperson
Edwin Lacierda said in a statement.
"The Senate has said before, that it will assert its prerogatives, and uphold
its right to do its duty," he said.
Lacierda maintained that the Supreme Court has no jurisdiction over the
Senate sitting as an impeachment court.
"This is a defining moment for the Senate. We have always maintained that
impeachment is the proper procedure for resolving questions of integrity and
fitness for office. The framers of our Constitution clearly intended the Senate
to be the sole authority in all matters related to an impeachment trial. The
provisions of our Constitution clearly say so," Lacierda said.
"We maintain that there a sober reading of the Constitution clearly shows the
Supreme Court has no jurisdiction over the Senate in impeachment trials. But
from the very start, the Chief Justice, his lawyers, and defenders, have
threatened to provoke a constitutional crisis: now, they have thrown down the
gauntlet."
Defense disheartened by use of 'fake' PSBank doc
by David Dizon, ABS-CBNnews.com Posted at 02/09/2012 5:52 PM |
Updated as of 02/09/2012 5:55 PM
MANILA, Philippines - A member of Chief Justice Renato Corona's defense team
on Thursday said he was disheartened that alleged "fake" bank documents are
being used in the Corona impeachment trial.
"Kung sa aking lang ho, nakalulungkot dahil sana naman ho ay bigyan
tayo ng pagkakataon na mabigyan ng isang patas, isang malinaw at isang maayos na
proseso na pagtinignan natin ulit mga ilang taon in the future makikita natin na
tama at maayos yung ginawa natin," lawyer Rico Quicho said.
Asked to comment if it would be an "injustice" if Corona's bank documents are
not revealed, he said: "Mas may injustice kung ipipilit natin ang isang bagay na
iligal."
Quicho issued the statement after Philippine Savings Bank (PSBank) President
Pascual Garcia told the impeachment court that bank documents provided by the
prosecutors in their request for subpoena had "material differences" when
compared to the originals.
He admitted that the accounts indicated in the documents exist in the bank
but denied there was any leak.
[PHOTO - DEFENSE LAWYERS TRANQUIL SALVADOR AND KAREN
JIMENO]
The Senate impeachment court earlier issued subpoenas to PSBank and Bank of
the Philippine Islands (BPI) to produce bank records of Corona's accounts, using
the prosecution's documents as basis.
Lawyer Tranquil Salvador III said there are 2 angles in looking at the
document: whether it is a leaked document or if it is a fake document.
He said if it is a leaked document, the bank could face criminal liability in
violation of existing bank secrecy laws.
On the other hand, if it is a fake document, there is still criminal
liability.
"If it is falsification, there was no leak. It was made to appear that there
was this document when none exists. There is still liability under the Revised
Penal Code," he said.
Lawyer Karen Jimeno said she does not believe that the bank records will have
any merit because there has not been a formal offer of evidence.
However, she said the bank records could be used to sway public opinion and
cast Corona in a negative light.
She also noted that the documents from the prosecutors are being used to
mount a "fishing expedition" against the Chief Justice.
Cuevas says SC co-equal to impeach court Posted at
02/09/2012 4:40 PM
MANILA, Philippines - Defense counsel Serafin Cuevas on Thursday said
he does not agree with the opinion of a senator-judge that the Senate, sitting
as an impeachment court, is higher than the Supreme Court.
In a manifestation, Cuevas said: "If there is abuse of discretion, there is
nothing that will prevent the Supreme Court from nullifying any and all acts
committed in violation of the Constitution. It is not because the Supreme Court
is paramount or more superior than the senators or the House of Representatives
but it is duty-bound to adjudicate matters especially in cases where abuse of
discretion had been exercised by any public officer or anybody for that matter."
"We are not proclaiming at this instance that the honorable Supreme Court is
more paramount than this body. They are co-equal," he added.
For his part, Senate President Juan Ponce Enrile said the members of the
Senate are all, in their individual capacities, judges in the impeachment trial.
"The final decision will be rendered by the collectivity and the collective
judgment of this court according to the rules of the court which is based on the
majority that is based in the Constitution and nothing else," he said.
Chief News Editor: Sol
Jose Vanzi
© Copyright, 2012 by PHILIPPINE HEADLINE
NEWS ONLINE
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