Senate respects SC on CJ accounts
MANILA, Philippines (3rd UPDATE) - The Senate, sitting as an impeachment court, voted 13-10 to respect the decision of the Supreme Court (SC) stopping the opening of Chief Justice Renato Corona’s alleged dollar accounts.
The 13 senator-judges who voted to respect the SC temporary restraining order (TRO) are:
Joker Arroyo,
Miriam Santiago,
Manny Villar,
Ralph Recto,
Francis Escudero,
Aquilino Pimentel III,
Loren Legarda,
Gregorio Honasan,
Bong Revilla,
Ferdinand Marcos Jr.,
Vicente Sotto III,
Jinggoy Estrada,
Juan Ponce Enrile.
The 10 senator-judges who voted otherwise are:
Franklin Drilon,
Alan Cayetano,
Serge Osmeña,
Edgardo Angara,
Panfilo Lacson,
Pia Cayetano,
Francis Pangilinan,
Antonio Trillanes,
Lito Lapid,
TG Guingona.
This does not mean, however, that the SC already has power over the impeachment court, Enrile said.
The senator-judges discussed the matter lengthily during its caucus on Monday.
The SC voted 8-5 last Friday to grant Philippine Savings Bank's (PSBank) motion for a TRO on the Senate's subpoenas for Corona's alleged dollar accounts in the bank.
Enrile said the Senate, however, “deserves its right to vigorously defend before the Supreme Court…We are prepared to argue our case on its merits and defend our policy basis on the subpoenas.”
Senators explain their votes
Explaining his vote, Guingona said he fears that the decision of the majority may be used as a “technicality, which will hamper us from finding the truth.”
Trillanes, for his part, said: “The Senate missed its opportunity to stand on moral high ground.”
Alan Peter Cayetano, on the other hand, said he could not place the Supreme Court as higher than the impeachment court. “Ang impeachment court ang huling takbuhan ng mamamayan na gustong ipatanggal ang isang government official.”
His sister, Pia, on the other hand cited the Nixon case in the United States, where the Supreme Court there recognized the powers of the impeachment court.
'Yes' votes
Enrile said, however, that the jurisprudence cited by Pia Cayetano can’t be used in the context of Corona’s trial.
“If they will decide the case based on our 1987 Constitution, I’m not sure they’ll make the same pronouncements," he said.
Escudero, on the other hand, said: “I am saddened by the fact that we had to put this to a vote…As student of law, we were taught that we follow the Supreme Court.”
He fears that disobeying the SC would result to anarchy. “In our search for truth, we don’t have the license to violate laws.”
Santiago also chimed in, explaining earlier a letter submitted to Sotto.
Estrada, meanwhile, noted: “My family has been a victim of past [Arroyo] administration…the SC has even designed a special court to convict [then President Joseph Estrada]…but we have respected the SC, whether the decision is adverse or not.”
He said he supports the Aquino administration, but the latter cannot afford a constitutional crisis and political instability at this time.
Ruling closes door on defense walking out - Palace
In response to the Senate's ruling, Malacañang said the decision "closes the door on the defense walking out of the proceedings and heads off any attempt to entice the Supreme Court to put an end to the impeachment trial."
"From the very start, the defense has maneuvered to give the impression that a constitutional crisis is inevitable. They no longer have a pretext to make this claim," the Office of the Presidential Spokesperson (OPS) said.
Despite the Senate's ruling, Malacañang believes "the impeachment trial will continue to bring to light evidence to prove the guilt of the Chief Justice."
"The evidence thus far presented, in the form of cash accounts and luxury properties, shows that the Chief Justice has not rendered a faithful accounting of his assets and liabilities as required by law. The Senate has categorically stated evidence on peso accounts has been validly produced. As more evidence of this nature is produced, it can only underscore how the Chief Justice willfully broke the law," the OPS said.
"Everyone is conscious that this impeachment trial is establishing precedents that will affect not only the outcome of this process, but future processes, to exact accountability. Surely the intention of the Senate is not to embolden those with ill-gotten wealth, to salt away their funds in foreign currency accounts.
"The truth will emerge. The issues remain joined. There is much more evidence to present. There are many more fights left before the day of judgment comes."

TRUTH
paragraph 2.1 and 2.2 of art. 2 alleges the non-disclosure of CJ's SALN.
TRUTH: drilon manged to extract the SALN of CJ. because of this, the court confirmed that corona regularly files his SALN. thus, compelling the prosecutors to abandon the accusation of non-declaration of SALN.
paragraph 2.3 of art. 2: alleges that the CJ failed to declare some of his properties accurately in his SALN and that he committed perjury.
TRUTH: the law allows corrections in CJ's SALN. that being the case, no law has been violated not even perjury is applicable. additionally, perjury is not even an impeachable offense.
paragraph 2.4 of article 2: alleges that corona amassed ill-gotten wealth.
TRUTH: the senate itself made a ruling that par. 2.4 of art 2 will no longer be tackled since article 2 does not allege corona of amassing ill-gotten wealth. the prosecution is prohibited by the senate impeachment court to tackle par. 2.4 of art 2. the prosecution needed to cure art 2 or toss the impeachment complaint back to prostituted congress before they can touch the issue of ill-gotten wealth.
included in the articles of impeachment, CJ's failure to account on JDF.
TRUTH: COA cleared corona involving this accusation (2010 JDF) prior to the commencement of the trial.
the prosecution accused corona of having 45 properties.
TRUTH: during the impeachment trial, it was proven that the list of 45 properties is bloated.
Prosecution used bank documents to force the issuance of subpoena
TRUTH: the documents used by the prosecution were confirmed to be fake as stated by PS bank president gracia and branch manager tiongson. evidently, the documents used by the prosecution were acquired illegally.
umali said the documents used to subpoena corona's account were handed by a "little lady."
TRUTH: upon review of the CCTV, the little lady is missing. could it be an apparition?
the mystic little lady
PS Bank Katipunan branch manager tiongson confirmed that the bank documents used by the prosecution to subpoena the bank accounts of corona were fake. if indeed the president of PS bank and manager tiongson are correct in saying that the prosecution used fake documents to force the issuance of subpoena, it is a shame that the senate allowed itself to be used and abused by the prosecution camp.
corona's bank accounts are out in the open because the senate issued a subpoena to the banks using the fake documents handed by the little lady to the prosecution people as the basis. shame to the impeachment court. this impeachment turned out to be a venue for fishing expedition, wherein legal and constitutional rights of the accuse are not being respected.
umali said that an anonymous little lady handed him the fake documents right inside the senate at around 2:30 pm while on his way out of the senate. however, according to the report of the senate sergeant of arms, the CCTV did not have a recording of the mystic little lady.
is the little lady an apparition? is that the reason why the CCTV footage failed to record her presence? does it mean that congressman umali has a third eye? wow, isn't creepy?
or is this investigation of senate sergeant of arms a confirmation of a lie peddled by the prosecution. was these fake documents a result of devine intervention that umali can't give any sound and plausible reasons? or is it a result of devine manipulation, falsification and relentless persecution?
AJ Sereno Dissenting Opinion Re TRO
In a separate dissenting opinion, Associate Justice Ma. Lourdes Sereno said PSBank should have not been entitled to the injunctive relief since its petition was based on “mere news report, exaggerated theories of a possible bank run, or stubborn fears of culpability.”
“Granting the prayer of petitioners for injunctive relief is tantamount to endorsing their position on absolute confidentiality, so much so that higher values, such as public accountability, cannot even be considered as a valid exception to the said privilege,” she said.
The TRO would result in “an iniquitous situation, where the supreme interest of the public to maintain accountability among public officers is relegated to the sidelines in favor of a statutory privilege that arose purely out of economic considerations,” Sereno said.
Sabi ng Senate - 'SC, KAYO
Sabi ng Senate - 'SC, KAYO ANG BOSS KO(NAMIN)'!
Carpio's Dissenting Argument Re TRO
The law guaranteeing the secrecy of foreign currency deposits should not turn the country into a haven for ill-gotten wealth, according to Supreme Court (SC) Senior Associate Justice Antonio Carpio.
This was among Carpio’s arguments in his dissent in the SC’s issuance of a temporary restraining order (TRO) on the opening of the dollar accounts of Chief Justice Renato Corona.
Carpio said the majority decision to issue the TRO is a mockery of all existing laws.
“The world will now know that Philippine foreign currency deposit accounts provide a much better safe haven for ill-gotten wealth than Swiss bank accounts,” he said.
Carpio said Republic Act 6426, the Foreign Currency Deposit Act, intended to protect nonresidents to encourage the inflow of foreign currency deposits in Philippine banks.
“What the majority has ruled is that government officials and employees have no obligation to disclose their foreign currency accounts, and that the public has no right to know such foreign currency accounts,” he said.
Robpublic of the Philippines!!! fitting description of most of
your leaders in the Philippines! I just pity those Filipinos who cannot get out in the Philippines. No wonder those who are in the foreign land deny that they are Filipinos. The only one running the country is your OFW's. If not for them the Philippines is a rat place thanks to your corrupt leaders whose main purpose in life is to enriched themselves! ACT and live like Gods. God Bless the Philippines!! When do we see light?
Pera pera lang sila kaya sinko sinko rin lang ang buhay ng
isang Filipino!! Leaders who have enriched themselves illegally, continue what you are doing never mind the poor Filipinos who can not have a dignified existence, no decent condition of living, no health access, no legal help, substandard education, substandard living condition, no decent livelihood, no human rights. Continue constraining Filipinos lives. SO you live like GODS. Pity the Philippines!
13+1 and the same. It all comes to, what is in their pocket
I totally agree with Sen Guingona +++ Now everybody who are corrupt can turn their money to dollar that way no one can look at it. Smelling like Money LAUDERING!! even Swiss Bank can open account. But this is the Philippines, I'm not gonna wonder if later on terrorist group around the world will transit moneys in the Philippines. ( MAYBE the international community can look into this)
Corrupt senators.
This country is full of corrupt politicians who are only interested in enriching themselves in office. These 13 senators support the TRO because they themselves have dollar deposits that they want to hide and protect. And knowing how Gloria bribed pretty much everyone in government when she was in office, these senators are probably expecting some brown envelops from Corona. The Constitution says the Senate has sole jurisdiction on impeachment. It is part of checks and balances of a democracy. Otherwise, how the hell do we get rid of a corrupt justice.
itigil ang katarantaduhan!
paano na kun sinabi ng supreme court na itigil na ang impeachment. ano ang response ng senators? respect pa ba ang decision?