Lawyers’ Journal
Week 4 of the impeachment

by Rowena Caronan and Jessa Jarilla

DEBATES ON THE disclosure by banks of information relating to Chief Justice Renato Corona’s peso and dollar deposits highlighted the fourth week of his impeachment trial.

The Impeachment Court allowed, but with limitations, the prosecution panel to present witnesses from Philippine Savings Bank (PSBank) and Bank of the Philippine Islands (BPI) Ayala Avenue branch to support its accusation that Corona did not properly disclose his assets in his Statement of Assets, Liabilities and Net Worth (SALN). But witnesses refused to divulge Corona’s dollar accounts pursuant to Republic Act No. 6426, or the Foreign Currency Deposits Act, which provides for the absolute confidentiality of foreign accounts unless the depositor allows an account to be opened.

The prosecution panel also presented Flight Attendants and Stewards Association of the Philippines (FASAP) president Roberto Anduiza as its first witness for the third Article of Impeachment, which accuses Corona of betrayal of public trust for his alleged lack of independence, competence, probity, and integrity.

Below is a recap of arguments and rebuttals of the prosecution panel, defense panel, and the senator judges. Also included are views of some legal luminaries to give light on the issues that arose from the impeachment trial.

On the examination of Corona’s bank records vis-à-vis bank secrecy laws

“If it is clear that we cannot raise the legality of this ruling before this court, then we’ll have no other alternative but to seek another venue, Your Honor.” – Defense counsel Serafin Cuevas manifesting during the discussions on whether counsels from the defense and prosecution can raise a motion for reconsideration on a ruling of the impeachment court

“The Senate, I would say, is trying to strike a Solomonic solution. Kasi alam naman nila na (Because they know) what is at stake are two things; number one is the banking system. People put their money there upon the assurance of secrecy. Kung pwede palang buksan nang ganito, e mawawala yung tiwala na ‘yon. Kaya napaka-ingat nila, sinasabi nila, the general rule remains. (If bank records can be disclosed easily just like that, people will lose their trusts. That’s why the Senate was very careful and decided that general rule remains.) – University of the Philippines College of Law Professor Raul Pangalanan

“There is that right of privacy, kasama itong bank deposits (bank deposits are part of it). That’s why there are very strict exceptions in so far as peso deposits are concerned: impeachment, subject of bribery, the relation of duty, AMLA (Anti-Money Laundering Act), subject of litigation, audit by the BSP (Bangko Sentral ng Pilipinas). But in so far as dollar deposits are concerned, ang lumalabas ay (there is) absolute confidentiality.” – Atty. Gener Asuncion

It (Republic Act No. 6426 or Foreign Currency Deposits Act) has to be amended, I think. Because, otherwise, if you don’t want your graft and corruption to be discovered, deposit it in dollars. – Constitutionalist Fr. Joaquin Bernas

On the Supreme Court and Senate, sitting as Impeachment Court, as co-equal branches of government

“The impeachment process is the people’s way of making public officials accountable.” – Senator-Judge Teofisto Guingona III

“Kanya-kanya po tayo ng tungkulin. Ang prosecutor ay prosecutor, ang defense ay ang defense, at kami pong mga senador ay mga huwes.” (We all have our respective responsibilities. A prosecutor is a prosecutor, the defense is the defense, and we, senators, are the judges.) – Senator-Judge Pia Cayetano in relation to prosecutor Rodolfo Farinas’s statements that the House and the Senate are on the same side and that the respondent is their enemy

“As far as deputation of the law, the meaning of the law, the Supreme Court is the final arbiter. In the relationship between the three departments, no one is superior. The only one superior is the Constitution. Everyone bows to the Constitution. It just so happens that the responsibility for interpreting the final meaning of the law is given to the Supreme Court. So everybody has to accept that.” – Constitutionalist Fr. Joaquin Bernas

“Since the impeachment court remains a part of the branch of the government…Then it remains subject to the power of review of the Supreme Court so that the SC may determine whether or not there is grave abuse of discretion.” – San Beda Graduate School of Law Dean Fr. Ranhilo Aquino

On the prosecution panel’s two new members and defense’s pro bono lawyers

“We are very concerned with the depleting of the resources of the Republic of the Philippines. That’s your money, my money and the money of everybody here. They are not spent in accordance with law and this could be technical malversation, Your Honor.” – Defense counsel Serafin Cuevas manifesting in relation to what he says an “avalanche of private prosecutors” upon the request of the prosecution to recognize the entry of two new members of the prosecution panel

“They are appearing pro bono and this is prohibited under Republic Act No. 6713 and the Anti-Graft and Corrupt Practices Act because they are giving their services for free to the Chief
Justice of the Supreme Court of the Philippines…The Supreme Court and the Chief Justice have successfully given the impression to the public that this is an attack to the Judiciary.” – Prosecutor Rodolfo Fariñas replying to the manifestation of Cuevas

“By today, ang utang ni Rene (Corona) ay milyones na. Hindi naman babayaran ‘yon dahil pro bono. Ang ibig sabihin ng pro bono puro abono e. Ngayon ‘pag nagkakaso ka, hindi ka naman makakalimutan. (By today, Rene Corona now owes millions of money. But it won’t be paid in cash because it’s pro bono. Meaning, services are rendered without payment. But if you have a case in court, your services are not forgotten.)” – Atty. Rene Saguisag

On the presentation of evidence

Ang hinihintay ng taong bayan, ang hinihintay din ng judges, (What the public and the judges await) is for the defense, at the appropriate time, explain why the big discrepancies (in Corona’s Statement of Assets, Liabilities, and Net Worth). – Senator-Judge Ralph Recto

“Eh dahil sobra-sobra naman po yung pumirma na, isandaan at walumpu’t walo, hindi naman na po kelangan yung pirma ko, at saka medyo masama rin po kasi yung pagkakagawa ng kaunti.” (Since there were already 188 signatures, my signature was not needed anymore, and the complaint was also a poorly crafted.) – Prosecutor Rodolfo Fariñas in reply to Senator Jinggoy Estrada’s question why he did not sign the impeachment complaint

“Ang gusto kong puntohin ay dapat malinaw na malinaw sa amin at sa buong bansa na kapag in-impeach natin ang isang justice sa isang desisyon, ano ang kaibahan ng liability ng buong division o ng buong en banc doon sa liability ng isang justice lang?” (What I’d like to point out is that it should be very clear to us, senators, and to the whole country that when we impeach a Justice, what is the difference of the liability of the whole division or the whole en banc to the liability of just one of the Justices?) – Senator-Judge Alan Peter Cayetano during the discussions about Article III of the impeachment complaint which accuses Corona to be responsible for the flip-flopping of a number of decisions on Supreme Court cases
*The statements were culled from news reports and coverage of the following media institutions: ABS-CBN, ANC, GMA News, and PTV 4.