IMPEACHMENT / SENATE WON'T SUMMON JUSTICES
MANILA, FEBRUARY 11, 2012 (PHILSTAR) The Supreme Court (SC) held a
special en banc session this afternoon to tackle the petition of its own head,
Chief Justice Renato Corona, to stop the impeachment proceedings at the Senate.
The en banc session convened as the Senate, sitting as an impeachment court,
resumed the trial. The justices started the en banc session on Corona's petition
at around 2:30 p.m.
A television news report said that the justices, excluding Corona, will also
tackle the petition of the Philippine Savings Bank (PSBank) against the subpoena
issued by the Senate, summoning the records of Corona's supposed dollar accounts
allegedly containing $700,000 or at least P30 million.
[PHOTO - Corona breaks down as supporters gather outside the
SC]
Hundreds of supporters of the chief magistrate were gathered outside the SC
grounds waiting for the outcome of the delibaratios of the justices.
Corona, joined by his wife, Cristina, was also waiting for his colleagues'
decision on his petition against the impeachment trial.
Reports said that aside from Corona, Justice Presbiterio Velasco inhibited
from the en banc session.
In a 39-page motion, Corona asked the SC to void the impeachment proceedings
at the Senate.
Corona also moved to stop the presentation of evidence pertaining to his
foreign and peso bank deposits, which the prosecution is keen on presenting in
relation to Article 2 on his non-disclosure of statements of assets, liabilities
and liability (SALN) from 2002 to 2010.
During yesterday's impeachment trial, the Senate announced that it has denied
the motions of Corona and Senator-Judge Miriam Defensor-Santiago to defer the
enforcement of the subpoena.
Corona submitted his motion after filing his petition before the SC. He asked
the impeachment court to defer the enforcement of the subpoena and wait for the
SC's ruling.
With the denial of the motions against the subpoena, the impeachment
court called PSBank president Pascual Garcia II (photo) to the stand and
present documents regarding the subpoenaed bank accounts of Corona.
Garcia only brought with him documents in connection with the five peso bank
accounts of Corona. He told the court that he will not reveal the dollar
accounts of the chief magistrate as he may be held criminally liable.
He also cited the bank's pending appeal before the SC, which also asked for
the issuance of a temporary restraining order on the Senate's subpoena.
Several senators yesterday moved to cite Garcia in contempt for defying the
impeachment court's subpoena.
Garcia will return to the witness stand today. He was ordered by the Senate
yesterday to submit a written explanation why he refused to bring all the
subpoenaed bank documents.
Senate won't summon justices By Christina Mendez
(The Philippine Star) Updated February 09, 2012 12:00 AM
[PHOTO - PHILIPPINE SUPREME COURT JUSTICES]
MANILA, Philippines - The impeachment court led by Senate President Juan
Ponce Enrile denied last night the motion of the prosecution to summon four
justices of the Supreme Court and bring with them court records pertaining to
the case of the Flight Attendants and Stewards Association of the Philippines
(FASAP).
The Senate said the issuance of the subpoena would transgress the separation
of the three branches of government.
The prosecution had asked the court to call to the witness stand Associate
Justices Martin Villarama, Maria Lourdes Sereno, Bienvendio Reyes and Presbitero
Velasco Jr.
"The theory of separation of powers... each department has cognizance on
powers of its jurisdiction... and is supreme on its own sphere," the impeachment
court said.
The four justices are being asked to appear and testify regarding AM
11-10-1-SC on the letters of lawyer Estelito Mendoza and case number GR 18083 on
the FASAP case, as well as to bring the SC decision of Oct. 4, 2011.
"While the House has the exclusive power to impeach and the Senate to try
impeachment case, it is still the Congress which is a branch of government...
the Senate is not insulated from the separation of powers," it added.
"The doctrine of the separation of powers has exclusive prerogative... to
maintain the balance of power among all three branches... This will enjoin one
branch from lording it (over) another," the decision read.
The impeachment court cited Section 2, Rule 10 of the internal rules of the
Supreme Court on confidentiality of court sessions.
"It is therefore unequivocal in the above rule that the sessions of the SC
are executive in character... (therefore) confidential," the court's resolution
read.
"This court cannot do so without transgressing the basic rule on separation
of powers," it added.
The internal rules of the SC are culminated by the power of Section 5,
paragraph 5 of the 1987 Constitution.
In a portion of the impeachment court's resolution as read by impeachment
clerk of court and Senate secretary Emma Lilia Reyes, the body noted the rule
making the power of the SC "is that it must not diminish substantial rights."
"(Subpoenaing the justices would make this body) omniscient over a coequal
department... which may run afoul with the tripartite government," the motion
added.
Senators Teofisto Guingona III and Aquilino "Koko" Pimentel
concurred with the resolution but questioned a portion that said the
impeachment body is a coequal of the judiciary.
Senators Alan Peter Cayetano, Pia Cayetano and Francis
Pangilinan concurred with the ruling, although Pangilinan said he would file
a written manifestation on his position.
Under Article 3 of the Articles of Impeachment, Corona is accused of culpable
violation of the Constitution and betrayal of public trust for his "failure to
meet and observe the stringent standards of the Constitution that a member of
the judiciary must be a person of proven competence, integrity, probity and
independence in allowing the Supreme Court (SC) to act on mere letters filed by
a counsel which caused the issuance of flip-flopping decisions in final and
executory cases," among others.
The prosecution specifically cited the SC resolution recalling its decision
on the illegal retrenchment case filed by FASAP.
The prosecution wanted to prove that Corona and his wife received "special
privileges" from Philippine Airlines (PAL) while cases involving the airline and
FASAP were pending with the SC.
They said the high court reversed itself on the retrenchment case of members
of FASAP, acting on a mere letter from Mendoza acting as PAL counsel.
The prosecution had asked the court to call to the witness stand the
following 4 Associate Justices:
Associate Justices Martin
Villarama
Maria Lourdes Sereno
Bienvendio Reyes
Presbitero Velasco
Jr.
Chief News Editor: Sol
Jose Vanzi
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NEWS ONLINE
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