Obey or junk TRO? Decision made today
MALAYA
SENATOR-JUDGES will hold a caucus at 11 a.m. today to discuss the Supreme Court’s temporary restraining order on disclosing the foreign currency deposits of Chief Justice Renato Corona as the impeachment trial enters its fifth week.
The senators are being pressed to either respect the TRO, as urged by lawyers’ groups, or to defy it, as demanded by elements sympathetic to the administration.
The impeachment imbroglio turned ugly when the defense camp Sunday night accused President Aquino of arm-twisting senator-judges to defy the TRO.
Defense counsel Dennis Manalo said the President, through Executive Secretary Paquito Ochoa, contacted senator-judges and allegedly offered them P100 million each for “soft” projects in exchange for their vote to defy the TRO.
“Yesterday (Saturday), we received very reliable info that Executive Secretary Paquito “Jojo” Ochoa, acting in behalf of President Benigno Aquino III, is personally contacting and phoning senator-judges to persuade them to defy the Temporary Restraining Order issued by the Supreme Court in favor of Philippine Savings Bank,” Manalo said.
Manalo said Malacañang has released the fund from its savings supposedly intended for soft projects.
Asked who their source is, the defense panel refused to divulge any information, except to say it was a “big man” an obvious comic reference to the “small woman” who they said provided the House prosecutors with a list of Corona’s bank deposits with the PSB.
Ochoa Jr., in a statement, denied what he called as “unsubstantiated, unattributed allegations” by the Corona defense team.
“Citing rumors to prove baseless accusations to support their cause goes against the principles of decent and ethical lawyering. It is a desperate gimmick that does not belong in the proceedings of any court of law, especially an impeachment trial,” he said.
Presidential spokesman Edwin Lacierda said the defense team’s press conference showed that they prefer to use squid tactics.
“There is a lot of loose talk and idle –not to mention—malicious speculation going around. It is incumbent on people who should know better not to fall for every conspiracy theory whispered to you,” he said.
Sen. Ralph Recto said, “”I have not received a call from Executive Secretary Ochoa and I cannot be bribed.”
One of the defense lawyers said the Senate, sitting as an impeachment court, could be cited for contempt should it defy a Supreme Court ruling last Thursday against the disclosure of Corona’s dollar accounts at the Philippine Savings Bank (PSBank).
Karen Jimeno, also spokesperson for the defense, said the impeachment court could also be criminally liable for violating the Bank Secrecy Law on foreign currency deposits.
Jimeno said it is the PSBank which is in position to comment on the TRO since it was issued in its favor and not in favor of Corona.
She said PSBank asked for a TRO since it is clear to them that under the Bank Secrecy Law on foreign deposits, the only exemption is when the depositor waives his or her right on bank secrecy.
Presiding judge and Senate President Juan Ponce Enrile last Thursday subpoenaed PSBank Katipunan branch manager Annabelle Tiongson to appear in today’s hearings.
In the hearing last Thursday, PSBank president Pascual Garcia III refused to give details on foreign currency deposits “of anyone,” citing Republic Act 4626, or the Foreign Currency Deposit Act.
He also cast doubts on the authenticity of the bank documents presented by the prosecution supposedly showing the opening of Corona’s dollar accounts at the PSBank.
The defense camp also asked the High Court to issue a TRO also on the impeachment proceedings. The SC has yet to decide on the petition.
Sen. Panfilo Lacson branded as “pure rubbish and nothing more” the allegation of a P100-million offer to each senator-judge to take an anti-TRO stand.
“It is unfair and even contemptuous to preempt the senators who have yet to discuss the matter in a caucus tomorrow,” he said.
Meawnhile, there are talks of an impending coup to oust Enrile as presiding officer in the impeachment trial.
“Yes, I heard (the coup) rumors,” majority leader Tito Sotto III.
Sotto admitted he is clueless about the alleged plot. “I don’t know. Perhaps, they are not happy with the way the Corona trial is going. I have no details. Just rumors.”
Senator-judges Joker Arroyo and Miriam Santiago said the impeachment court should follow the TRO issued by the Supreme Court being the “final arbiter of law.”
Arroyo said the TRO, by its name is only temporary and enjoined the parties to just await the court’s final decision. “The SC cannot abdicate its constitutional duty to act on matters at hand.”
Santiago also warned of a constitutional crisis if the impeachment court refuses to heed the TRO.
She said the Senate’s defiance of the TRO would lead to a collision between the legislative and the judiciary.
“If none of them yields, that will result in a stalemate. It will have to be decided on the streets because there’s nobody else that will make the decision,” she said.
Administration allies Senator-judges Franklin Drilon and Francis Pangilinan said the SC should not dictate on the impeachment court.
“Walang pwedeng mag-utos sa impeachment court,” Drilon said.
Pangilinan said “hindi dapat pagtakpan ng Supreme Court ang katiwalian (ni Corona).
CORONA DARED
The 1,345 member-Catholic Educational Association of the Philippines (CEAP), the largest association of Catholic schools, called on Corona to give his consent for the opening of his foreign currency deposits.
The largest association of Catholic schools, in a statement, said the issuance of the TRO is an “unfortunate event” and would affect the people’s trust in the judiciary.
“This is truly disconcerting inasmuch as the political process of impeachment is seen by many Filipinos as an avenue for authentic institutional reforms in the Judiciary. Instead, the impeachment trial of CJ Corona is being challenged as a violation of the theory of co-equal branch of government, more so when viewed in light of the prevailing criticism that the SC has stepped in on this issue to “protect” one of its own,” the CEAP statement said.
Among the CEAP’s member-schools is Corona’s alma mater of Ateneo de Manila University as well as the University of Santo Tomas where he has a doctorate in law.
“In the interest of truth and justice, CJ Corona should allow the disclosure of these foreign currency account deposits in order that the impeachment proceedings can fully and fairly take place,” CEAP said.
CEAP said that when Corona “conveniently hid” behind the protection of the TRO, it only resulted in more people questioning his moral integrity to lead the SC.
CONFIDENT
The 11-man prosecution panel said the uncovered undeclared local bank accounts of Corona worth P31.7 million should be enough to secure his conviction for Article II.
Marikina Rep. Miro Quimbo, lead spokesman, said they are confident that Corona will be convicted.
“Even without the dollar deposits, we are already very confident that we have proven beyond reasonable doubt the guilt of the Chief Justice. We have been able to show that he failed to declare three condominiums for a number of years as well as deposits in 2010 alone. Article 2 is already a case closed as far as we are concerned,” he said.
Quimbo stressed that said properties were declared only in 2010, five to six years after the Bonifacio Ridge and The Columns condo units were purchased and a year after the Bellagio 1 penthouse was acquired.
The prosecution also stressed that Corona allegedly undervalued the three properties by P16.9 million in his SALN and only declared these in his 2010 filing. – With Ashzel Hachero, Wendell Vigilia, Evangeline de Vera, Regina Bengco and Jocelyn Montemayor
As one who follows keenly this national shame of impeaching the very own Chief Justice of the country, I can not agree more with Rep Miro Quimbo—that even without the dollar account, there is not a iota of doubt that Mr. Corona is guilty. What the next senate-judges’ caucus must be is not about discussing the court’s TRO, but about wrapping this national tragedy and to render verdict.
If concrete, evidential testimonies of falsifying his SALN will not convict him, there is not a iota of doubt then (no matter what the prosecutors reveal and do) that this person will be scandalously declared not guilty, repeat, not guilty.
Without a doubt, Mr Corona has been a polarizing giant in the country. The divide is exposed by those, by glaring clarity of evidence, who believe in his conviction and those, no water what, they will assert white is black, black is white as long as it is Corona’s likes and judgment. This condition mirrors as well among these noblest of noble senator-judges.
Watch the “Joker” to prove my case.
By wrapping this up and by rendering verdict now, the senator-judges will avert a constitutional crisis. Anyway my caution is: they must and should not cast erronous, unpopular veridict that will bring about an entire people in revolt and in all the streets—even without a so-called constitutional crisis.
Ano ba yan? Kitang kita na ang ngala-ngala, pinapaikot pa ang taong-bayan! Some people in the judiciary are simply taking the intelligence of the people for granted. No wonder the Philippines ranks last in the region in all levels of governance. Hindi ba kayo nahihiya niyan, kayong mga abogayos? Ehe..abogados.
The free world watches in awe and wonder how an entire nation can be cowed and controlled by clowns and carnival showmen. Pitiful, pitiful, pitiful.
Kawawang Pinas….When will Filipinos ever learn?
Like I told Mr. Pat Talens, the Filipino people need a complete DNA overhaul. There’s really no other way to change our way of thinking, behavior modification is not going to work, learning by experience does’nt help either. Just look at the way we tackle natural disasters, we already know that living in areas where landslide is a constant problem yet people continue to set their houses there, then people continue to clog all waterways with tons of garbage causing flood waters to overflow and eventually going through residential areas causing more damage. Darwin’s theory of evolution have been truly proven in our country, we’ve evolved into a bunch nitwits who sometimes thinks with our rear ends instead of our brains.
Romy, you miss to include that perhaps all Filipino folks need to be placed all in the desert to wander for 40 years as the Israelites. Whoaaa, hhe, he, he
Anyway, seriously, there are other many reasons (other than those you mentioned) why many (not all) think and act the way they do. Of course, grafts, dishonesty and plunder of people’s money are the others.
But do you see in awe the so many babies and the pervasive poverty there in your tv screen? It seems there is uncontrolled, unsupported population explosion (especially among the poor) that gives rapid rise to grotesque living of so many in the many regions of the Philippines.This is another eye-popping reason I no longer support the outdated, rigid church doctrine: multiply and multiply and multiply. That biblical statement (5,000 years back) that God told Abraham to multiply as the countless stars in the heaven was fitting then when there were hardly people on the surface of the earth and there much a lot in terms of resources to support the life of man. As anything has a beginning and an end, those holy words—given the unsupported population explosion, hunger, criminality on account of widespread poverty—no longer mean what they meant, no longer apply. I say so because I know God will understand—amid the sorry state, not only of the Philippines, but of the world.
Well I know I just put myself in the midst of a very difficult controversy. Anyway I believe Corona will be removed from office and De Lima will take care of him for his ill-gotten wealth. Otherwise, the noblest of noble judges will take his place in impeachment—of course by those engaged in bizarre population explosion.
I spent 20 years in the US Army and during my stint I’ve had the oppurtunity to visit countries that had been referred to as third world. Early on in my military career, I’ve been assigned to special units whose mission was to conduct civic action mission to under developed countries. As a matter of fact our unit (home base Okinawa) during the early seventies spent many months in the Philippines on civic action mission mostly in the Visayan islands. I can only say that our country today reminded me so much of some of these third world countries. It’s hard to believe that there is’nt much improvement in the way we lived. Sure, high tech also made it through our lifestyle and out of 90 million Filipinos, 80 million of us have cell phones. What I’m really trying say is, what good are these supposedly intelligent lawmakers. I said intelligent because that’s how they always portray themselves to be, and God knows we have tons of them, and is’nt it about time that the Filipino people should start holding these deadbeat politician’s feet to the fire for failing our country? Then again, part of the blame should also fall on the lap of the people for voting for the same people election after election.