That document, which PSB Katipunan branch manager Annabel Tiongson, said was fake became the basis of the subpoena issued by the impeachment court for the information on Corona’s bank accounts.
An ABS-CBN report quoted Presidential Spokesperson Edwin Lacierda as saying, “Ano ba ang fake? Fake ang account number e mayroong account number doon sa PSBank eh. Kung signature card, pirmado naman po ni Chief Justice Corona ‘yun. So I suppose they’re protecting their bank because there’s a violation of the Bank Secrecy Law so I would assume that the bank will do everything to protect itself from liability from the Bank Secrecy Law. But what has been proven is that it is not fake insofar as the account numbers, insofar as the figures are there.”
Must Lacierda vouch for the prosecution’s documents? Why can’t he let the prosecution do their job in the impeachment court?
We understand Malacañang’s desire to have Corona removed as part of their crusade to institute reform in the judiciary. Although we do not believe the defense panel’s tale of P100 million per senator to oppose the High Court’s temporary restraining order on Corona’s dollar accounts, we know that the prosecution team, composed of members of the House of representatives, is getting a lot of help from Malacañang. But can’t they do it more discreetly?
Malacañang’s indiscretion is not doing the prosecution a favor.
Lacierda’s statement makes one wonder, was the fake document Malacanang’s handiwork?
This was the part last Monday’s hearing that made Enrile ask the prosecution explain why they did something unethical:
Enrile: Are you saying that these documents are false documents?
Tiongson: Yes, Sir. It seems fake.
Enrile: Huh?
Tiongson: They are fake documents, Sir.
Enrile: They are fake documents. Are you sure?
Tiongson: Yes, Sir.
Rep. Niel Tupas, head of the prosecution panel, said in their request, they never claimed the document, which they said came from an anonymous source, to be authentic.
Yesterday, Sen. Miriam Santiago went ballistic again scolding the prosecution panel for submitting an unauthenticated document to the court. She said it happened in a regular court, a judge would order the sheriff to haul the lawyer to city jail.
As to the reasoning of the prosecution that they felt it was their duty to bring the document to the attention of the impeachment court, Santiago remarked, “Duty, my foot! It is not your duty. It is your liability.”
It is of interest to many how the authenticity of the document submitted by the prosecution would affect the information from Corona’s bank accounts that were revealed as a result of the subpoena issued by the court.
The subpoena resulted in the disclosure by two bank executives that Corona as of Dec, 31, 2010 had at least P32 million in the banks. He stated in his statement of assets, liabilities and net worth (SALN) for 2010 that he had only P3.5 million in cash and investments.
The Supreme Court, however, issued a temporary restraining order on the release of documents on Corona’s dollar accounts.
The prosecution may lose some points in the impeachment court on this issue of submitting fake documents. Enrile even warned them that their lack of evidence at the start of the impeachment process may prove to be a “fatal error.”
But in the court of public opinion, they scored big with the disclosure of those multi-million peso bank deposits. To many senator-judges that matters a lot.
Kung fake yan bakit ginamit pa ni Corona ang Supreme Court nya para maglabas ng TRO for the said dollar account. Kung fake yan, at pinabuksan nya e di sana panalo na sya at tapos na ang impeachment, he could have scored big also in the court of public opinion dahil wala pala syang $$$ account as the prosecutors claimed.
What was Corona’s motive for bringing in the SC in the matter e fake pala as believed by Tiongson? He could have given the nod to just open it… tapos ang boksing. Why did Corona went to far to stir up a constitutional crisis for nothing?
…did go too far…
The bank has not shown the originals for comparison. Could it be that the bank (knowing how Pascual Garcia operates) is still making a new form so their claim that the documents are fake can be substantiated? Jinggoy must know something since he was the one aggressively pursuing the fake theory.
#3. schumey, your take is most possible. Corona is buying time with the help of his SC and his bank. Aba, e kung napakalaki ng deposito nya, it matters talaga.
Jinggoy should be asked to substantiate his fake theory, tutal sya ang atat na atat dyan.
And why did Enrile just accept the word of the PSB branch manager that it was fake?
She looked and sounded as if she was not even sure. She said it seems fake. Then when pressed by Enrile again, she seemed to cave in and said it was really fake. And Enrile and all the rest did not even ask for the details why she said it was fake.
That was weird.
Yes, Phil. Why they said the document was fake when it was not opened up? How would they/we know? Weird talaga, nawala na sentido comon.
Jinggoy in an ANC interview said he would have more on this issue in tomorrow’s trial.
He had his usual sneer on.. You know, that one-sided smile and sleepy eyed look he displays whenever he thinks he is about to nail somebody but usually can’t.
Let’s see tomorrow. He just might succeed this time.
Teka lang.
1. Ilan lahat ang bank accounts na involved? I can’t say exactly pero marami.
2. Ilan ang nacover ng subpoena? Lahat ng peso accounts at yung ilang (lima yata?) dollar accounts.
3. Saan nanggaling ang bank account numbers? Yan ang problema, kung pagbabasehan ang reaksyon ng mga bank officers hindi nila ito basta-basta ibibigay sa kahit sino lang.
4. Inisa-isa na ni Jinggoy at Enrile ang mga may control ng file ng signature cards, sino sa kanila ang maaaring nagbigay? One, kung sa branch nanggaling, yung 1st officer plus isang CSR (Customer Service Rep) o si Tiongson at isang alternate CSR or any cross combination; OR Two, sa Main office ng PSBank na hindi naman maipaliwanag ni Tiongson kung saan doon nanggaling, OR Three sa isang Third-Party IT contractor of the bank, if any. OR Four, any government institution having supervision over the banks. For the last one, there is BSP, AMLC, or BIR.
Tandaan natin na kung hindi mapapatunayan na galing sa gobyerno ang mga numero ng account hindi ito mako-cover ng “fruit of the poisonous tree” gaya ng paliwanag ni Lacson at Alan Cayetano.
We were also reminded by another Senator (sensya na, magulo talaga tong memory ko ngayon) that the reason they had to call Tiongson instead of listening to Titong Garcia alone was that Garcia claims the branch has the original copies and on the other hand, Tiongson claims Main Office get all original documents. One of them is lying. Kaya nga gusto kong marinig yung testimony ni Arthur Ty na inamin ni Titong Garcia kay Osmeña na nakausap niya bago pumunta sa senado.
Ang reaksyon ni Lacierda o kung sino mang taga-Malacañang ay hindi dapat pagtakhan. Hindi naman bagong isyu ito na patago ang bangayan. Pag-upo pa lang ni Noynoy ay alam na ni Corona na tagilid na siya, susumpa na nga si Noynoy sa Barangay Captain niya sa Tarlac, wag lang kay Corona.
Mabalik tayo sa kung peke o hindi, kung peke, paanong tumama ang mga numero nung peso account? Kung hindi naman peke, papaano nila mapapaliwanag na napasakamay nila yang mga kumbinasyon ng bank accounts na walang batas ang na-violate?
Sige nga?
I still don’t get it. The Presiding Officer Enrile said in today’s trial that he believes that the SC has no jurisdiction over the Senate Impeachment Court..but he believes it can issue a TRO on the Senate Impeachment Court.
Haay!!! My country mouse mind just can’t unravel all these legal double talk.
Take Miriam again. Let’s be liberal, she says, but stick to the rules of court!!!
Duhh…my foot.
Tongue: Mabalik tayo sa kung peke o hindi, kung peke, paanong tumama ang mga numero nung peso account? Kung hindi naman peke, papaano nila mapapaliwanag na napasakamay nila yang mga kumbinasyon ng bank accounts na walang batas ang na-violate?
Dapat sagutin yan ni Jinggoy o Enrile, kasi sila ang nanggugulo.
Just the other day, may bond issue ang PSBank. Oversubscribed daw. Bakeet? Maraming gustong bumili ng long term notes ng bangko gayong meron daw possibilitiy ng bank run? Sino’ng nagpopondo sa PSBank? Hindi naman engot ang Metrobank na meron nang threat, tapos tatapunan pa ng pera. Hmmm…
WTF?
#10. The Presiding Officer Enrile said in today’s trial that he believes that the SC has no jurisdiction over the Senate Impeachment Court..but he believes it can issue a TRO on the Senate Impeachment Court.
And then he said:
Senate won’t cede impeachment trial over to the Supreme Court – Enrile
(Updated 9:13 p.m. gmanews) The Supreme Court holds the power to review the conduct of Chief Justice Renato Corona’s trial, but the Senate will not surrender its jurisdiction over the case, Senate President and presiding officer Juan Ponce Enrile said Tuesday, noting that the impeachment court has the sole power to decide whether the chief magistrate should be removed from his post.
What? :…if he believes it (SC) can issue a TRO on the Senate Impeachment Court”, how on earth the senate impeachment court becomes the sole power to or not to remove Corona. Na-TRO na ang senado, paano magkakarun pa yan ng power to proceed with the hearings?
Puro “believe”, pwede ba siguraduhin ninyo?!
Please, somebody explain this to us who have non-complicated mind.
In my simple mind, it looks like somebody inside the PSBank leaked the documents.. duplicates of the real documents. Some people in PSB now want to discredit the docs and so wants to make it appear as fake. Possible? If so, who is it?
Or nakoryente talaga ang mga prosecutors?
Or the prosecution intentionally submitted fake docs?
Chi,
if we want a lawyer to help clarify to us all these legal double talk, baka mas lalo tayong mahihilo at mas lulubog sa dagat?
Frankly, I don’t regret not taking up law. My brain just ain’t wired for it.
#11. WTF nga!
Phil, nabi-brenda ako listening to them lawyers, hehehe!
The defense is practically laying the foundation that the impeachment trial is getting out of hand. First you have Cuevas constantly complaining they have no recourse if the senate rules the other way. His approach is towards due process.
For the rest of the team, they are laying the groundwork to allow Supreme Court to declare the trial as grave abuse of discretion so that the SC will be reserved a final say after the decision. In their complaint to the SC just this afternonn, they have named 5 senators so far and Drilon was even asked to inhibit.
Expect this list to grow until all senators have been threatened or maimed.
Then there’s your constipational crisis.
Parang tangengot naman mga lawyers na to..ito ba mga produkto ng mga law schools natin?
Binigay lang ng kung sinong Pontio Pilato eh gagawin kaagad na evidence, ganito ba ang tamang pagkalap ng ebidensya? Dba nila naisip baka mamaya gawa-gawa lang ng kampo ni Corona yon at nilagyan ng mga maling balances para i-mislead sila. Parang obvious naman na nagsisinungaling itong nakatanggap ng documents, I doubt it kung ganon nga pagka-obtain nila ng mga documents na yan.
Tsaka don sa testimony na fake yung mga bank documents, Ano ba ibig sabihin ng PSBAnk na fake?
1. Fake ba kasi hindi tama mga balanse sa account at dahil hindi authenticated copy?
2. Or fake dahil sa hindi lang authenticated copy? Pwede kasi sabihin na fake yung document kasi hindi authenticated true copy kahit na tama naman mga nakasulat sa document.
So para sa akin very vague yung pagkaka-identify na fake nga mga documents. Dapat pinalinaw ng Impeachment Court kung ano ibig sabihin pag sinabing fake.
Sa mga nangyayari sa Batas ng Bansa, kailangan na talagang, magkaroon ng Pagbabago,” Amendments ” another cha-cha for good, hindi yuong plano noon ni GMA, na pangsarili..Mga pananaw na “butas ang Batas” sa bansa:
1. How about the Jury System ( Grand and Trial ),tulad sa ibang bansa..bakit kaya, di isinama ito noon, sa 1987, Constitutional Amendment ?…Siguro umiwas ang mga “mambubutas ng Batas” ?..at sinalo “ngayon ng CJ-Impeachment”, ang mga butas ng batas,lalo sa SC-Judges,etc…
2.Ang mga naka-gugulong nangyayari sa Impeachment proceedings, di kaya, ipikto ng, mga “being Seniors-above 80’s years old, na ang iba”, focus, talis ng brains-utak, lumalabo na ?…
3.Ang iba naman, ay hindi kapakanan ni Juan de la Cruz , kundi, kung ga-ano sila magaling ( na lecturers, ma-ngaral maghusga, e.g..), more on ” Grandstanding “, baka pagdating sa UNIC, dalhin pa ang sistema, ugali ng Pnoy ?…( malayo sila sa ugali ni Pacman, bantog sa buong mundo,ngunit naghahanap ng ” simplicity” sa life living )..Sila parang, wala ng Kamatayan, at naghahamon pa ng kamatayan ang magpapahinto, sa paglilinis ?..tsktsktsk.
4. Sa bangayan ng 3-independent branches ng bansa, nasisira ang prensipyo ng “Independency”, naka-gugulong pag-isipan, at tingnan sila, na dapat sana, tunay na mga “leaders” modelo ng Pilipinas, na pama-risan ng kabataan ( model of the youth for the future generations )…naka-panlalambot kung minsan na subaybayan ( mabuti pa si “Budoy ” ng TFC, may-aral na mapupulot )..
5. lalo yatang lumalayo, ang bansa sa tunay, na PAGBABAGO ?. Hope and Change seems get fading away ?..Yet still, lets Pray for all of them, GOD Bless the Philippines..
Fake? How can bank accounts and actual deposits of Corona become fake?
This lady from PSB doesn’t know what she is saying. Baka naambunan ito.
WTF = where’s the food? hehehe
The numbers (account #, money deposits) are correct, what makes the entire documents fake?
This must be explained in simple terms. I think Enrile should have asked Tiongson why she believes it is fake when the particulars are verified to be true by the other PS officer.
Yong account number fake din kung ganun. Di wala sa FCD database ng PSBank yong pangalan ng mga Corona. Bakit para saan yong TRO …. sa isang pekeng account?
I agree that the defense is laying the ground for a mis-trial in case the verdict goes against them. Kaya nga relaxed na relaxed si Cuevas. Alam niya na when the latest TRO was respected by the sanate, baka yung susunod na TRO ng SC eh irerespeto din ng senado and that is to halt the impeachment trail altogether.
Ano ang panalo ng mga prosecution na ni hindi man lang nakaapak sa korte lately sa mga practicing lawyers ng defense? Yun na lang mga glaring documents na nagpapakita na maraming tagong yaman si Corona. Kaya siguro pumayag na rin si Enrile to go forward with the sub-poena of the bank accounts even if these were initially obtained from a questionable source. Kahit na matanda na itong si Enrila and even if mayroon din siyang mga nakaraang kadudaduda, I agreed with his position on this one, to proceed with the evidences even if Brenda is ferociously attacking the prosecution on how they obtained the documents. Si Brenda na rin ang nagsabi na and impeachment court na ito ay hindi strictly by the books so ano ang dinadada niya?
Tongue, re #17 andPSB, #23, That’s what I heard last Sunday before their Club Filipino presscon. They were just laying down the foundation for a withdrawal from participating in the trial because they sense they will lose it after the bank account details were divulged.
Corona saw the dark clouds forming and heard the winds howling. Gloria saw the tsunami coming. So she commands the winds and the waves “Stop!” and 13 Senators say “Yes, Ma’am.”
#24
Ms. Ellen, I hope there’s not going to be another walk-out, this time… by the defense. JPE definitely won’t allow this to happen.
Good thing it’s not Davide who’s at the helm. Tsk, tsk.
If it’s in a regular court, these idiots from the prosecution would surely be cited for contempt. But then, it’s an impeachment court and anything and everything about it is political in nature.
Wait. Is it not as simple as this:
– Walang $ amount si Corona nilagay sa SALN.
– Garcia slipped that may $ account si Corona.
– Even Jimeno admit may $ account si Corona.
In short no matter how you spin it, the SALN was not honest. Mayroon talagang hindi dineklare, hindi nireveal. In short Article 2, convict!
To me that is enough.
I applaud the prosecution to continue “squeezing” CJ dahil ikaw nga ni, keep asking and when the other side reacts, then you are squeezing something that is important.
Now, is it not time now to review the Bank Secrecy and Foreign Currency Protection law? Because if CJ wins, its clearly apparent that you can keep your SALN “accurate” by making sure all your money are in the foreign currency.
In short yung indedeclare mo lang pang gastos mo lang. Yung mga kupit, ba in Dollars!
Yes uso sa atin yung kidnap, and yes bank accounts are indeed source of target list. But what this trial only shows that even with all these privacy laws, sa bank officials din naman nangagaling yung details. In short walang professionalism.
Our banking system sucks. Those who have accounts outside the PH would know that.
I think its high time our banking system gets an overhaul.
http://www.philstar.com/Article.aspx?publicationSubCategoryId=64&articleId=776269
Instead of crucifying the Prosecution Team for submitting a “unauthenticated” document to the impeachment court, we should applaud them because they were able to prove that the fake Chief Justice illegally appointed by the fake President has peso and dollar deposits not declared in his SALN.
Wow! the highest magistrate in the land hiding his wealth so he cannot pay the exact taxes to the government.
To the Senator-Judges who are hell-bent on acquiting the Chief Justice, it will be the Bureau of Internal Revenue who will eventually compel the court to open the dollar deposits of the fake Chief Justice and prove that he is not capable to hold his present position.
Sana mag resign na lang siya para naman maipakita niyang may dignidad pang natitira sa kanya.
Prosecution panel must be very careful enough in presenting evidences because technicalities mislead or worse might twist the result of the impeachment trial.
Hay, salamat naman at pinayagan ni Cuevas yung explanation ni Enrile na “they are testing the credibility of the witness” tungkol sa pagtatanong nina Jinggoy at Drilon kay Tiongson.
Teka…teka…namputa, bakit kailangang laging i-please ng prosecution at senado si Cuevas?
Baligtad na ba?
‘yung mga taga-malakanyang diyan, TUMAHIMIK na kayo! itikom ninyo ang inyong mga bunganga. hayaan na ninyo ang impeachment court gawin ang kanilang trabaho. kayo diyan, ‘yung dapat ninyong atupagin ang unahin ninyo. marami pa rin ang walang trabaho, nagugutom; mga batang palaboy na dapat ay nasa eskuwela at nag-aaral: mga nagkakasakit na walang pambili ng kahit mumurahing gamot at namamatay dahil tinatanggihan sa ospital sapagkat walang pandeposito.
walang magagawang buti kung lahat kayo ay puro nasa harap ng mikropono at kinokodak habang nagbibigay ng kung ano anong pahayag. kilossss na! trabaho kayoooo!
meron kaming mga utak upang maisip at limiin kung alin ang mali at alin ang tama. alam namin kung ano itong si corona kay gloria.
kung gusto ninyong sumawsaw, eto piso, bumili kayo ng sitsaron at suka!
ang tanong ko tungkol sa kasalukuyang impitsment: alin ba ang pinapalabas dito – ang katotohanan sa likod ng lahat kay corona mula sa kanyang pagiging aso-syet justice hanggang sa nitong mga nakaraang siya ang nagdedesisyon sa korteng sobre-na na puro pabor kay gloria o YUNG ipinagyayabang ng mga LIBRE daw ang serbisyo nila na tamang pamamaraan ng paghahain ng mga ebidensiya kahit NAGDUDUMILAT na binaboy ni corona ang MISMONG kanyang bakuran, ang korteng sobre-na?
Teka…teka…namputa, bakit kailangang laging i-please ng prosecution at senado si Cuevas?
Baligtad na ba? – Tongue
TT, hindi mo ba napapansin na malimit ay parang hinihingal na itong si Cuevas? Eh, kung biglang matumba habang tumitirik ang mga mata at bumubula ang bunganga, kasalanan pa nila, di ba?
Hindi bale na kung si Brenda, ayos lang!
Sneaky talaga yang Drilon na yan ha. Bring the original daw, so that they can compare. Just cover the amounts. Nabili na yan man. Paiikutan pa ang TRO.
The bank should photocopy the original, then on the copy, black out with a marker, all amounts, then photocopy again.
Then they can certify that the photocopy is a faithful reproduction of the original.
Paano daw naging fake, if the account numbers are original?
Simple lang. Somebody supplied the correct account numbers. Somebody got a blank bank form, wrote the numbers, and Corona’s info. Presto. You now have an authentic bank form with correct account numbers. The whole thing, however, is a fabrication.
Paanong nakita agad ng bank manager na fake? Maybe the history (deposit / withdraw). Maybe the original is short, konting movement, and the fake is long (maraming movement). Or maybe it is vice versa.
Since it is a fabrication, one will never know if the total amount is $700 k only, $7 million, or only $ 7 thousand.
The above is one way to do it.
The other way is to get a photocopy of the original. Then scan it to pdf format. Now edit that with Adobe Acrobat Professional, or better yet, get Fox-it editor. You can get cracked versions of fox-it at the torrent sites.
Ganyan ang dati nang gawa ng mga kabataan dito, para magka-pekeng driver’s license, para maka-inom.
That is normal in Court. When a witness has already answered, but there is continued questioning (how do you know that it is fake?). It can be objected to as argumentative questions; because they are, in fact, argumentative – as in “Paano mo alam? Aber, patunayan mo nga?”
The usual workaround is – “Just testing the credibility of the witness Your Honor” (I want to know how she came to the conclusion that it is fake.)
Enrile was just saving Jinggoy and Drilon, because they did not know the stock answer to this situation. Jinggoy’s lack of knowledge is understandable, because he has no trial experience; he only took up law, but is not a lawyer.
Drilon? That’s another story. Maybe he was more into gapang than litigation. Typical of some big Makati firms.
First: Sabi ng defense team, kung yan lang ang problema ni Noynoy, wag siyang magmadali, ilalabas din DAW lahat-lahat ng kliyente namin yan “in due time”.
Second: Nagfile yung kliyente na mismo ng certiorari with his home court para permanently ipatigil yung impeachment dahil hindi sumunod sa due process.
“Normal” din ba yan sa korte?
Cuevas is a pure litigator. So he will use whatever is available under the Rules of Court, or other laws.
Hindi naman normal yung magdemanda bago malaman ang probable cause. Totoo namang walang alam sila Tupas bago iharap ang demanda. They requested the LRA after the impeachment complaint was filed. They learned of the SALN only during the trial.
If the prosecutor, in a criminal case, had no evidence before he filed the criminal complaint, or the evidence he had was not credible, then that would be grounds for prohibition, there being no probable cause.
Yan ang basis ng prohibition that benefitted Ping Lacson, which the Supreme Court upheld.
Since Cuevas was a former fiscal, before RTC judge, this is expected of him. He equates impeachment to criminal cases; the only difference being who judges. There are many similarities.
1. There is a gatekeeper. A citizen cannot file directly in Court. He files with the fiscal. Ganoon din sa impeachment, the citizen files with the House.
2. After determination of probable cause (sufficiency in form and substance sa impeachment), the case if filed in Court.
3. The Constitution uses the words “convict” and “acquit”.
4. There are penalties. The “convict” forever barred from government work. Some criminal cases extend only to a bar from government work.
Of course, the usual chorus of “experts” will say it is sui generis.
It is true that going to the Supreme Court is asking for a hometown decision.
I doubt that that will be granted.
In the TRO on Gloria, two “flip-flopped” if you may call it that – Abad and Villarama. They did on the “lame” excuse that the SPA (special power of attorney) of Topacio was defective. Puwede naman i*correct after the fact, form lang naman.
But they did, I think para hindi makatakas si Goyang. That, to me, is actually judicial statesmanship.
Once kulong na, they had to go back, because talaga namang walang poder si De Lima to issue that watchlist business.
So they saved jurisprudence, but also saved Noy. I don;t know why many do not see this, and crucify the whole Court as being Goyang stooges.
I never thought I’d see the day. But I did today. Enrile raising the level and tone of his voice at Cuevas for his incessant blabber and veiled threats again of either a mistrial, of the senator-judges losing their cold neutrality, etc, etc.
Cuevas is pushing the envelope further, goading, testing…
Enrile standing up to Cuevas and putting him in his place made my day.
Also another pleasant surprise today. Miriam was hibernating, not hyper ventilating.
Yung RA6426, (FCDA Law) nung ginawa yun nung martial law, para maproteksyunan ni Marcos yung mga foreign buyers ng mga ginto niya kaya, ginarantiyahan ng CBP na hindi ito kailanman masisilip ninuman. Mahirap magtrade gamit ang gold bullions kaya mas magaan mabibitbit (portability) kung dolyares ang dala mo. Malinaw na para sa foreigners lang yun. Walang ibang purpose yang 6426 na kapapakinabangan ng Pilipino.
Kundi sana’y si Marcos mismo ang nag open ng dollar accounts tutal “absolute” naman pala ang secrecy. Bakit ako mag-aaksaya ng panahong mag-layering, mag alias-account para lang maitago ang nakaw ko sa Switzerland, Lichtenstein, Vienna at sa sandamukal na offshore tax havens kasama pa sa gastos ang serbisyo ng mga mamahaling int’l law firms samantalang ideposito mo lang pala ng dolyares doon sa PSBank-Katipunan, habambuhay ka nang walang pangamba?
Mas malalim siguro ang paliwanag ni Sereno sa bagay na ito.
Why do I expect another show of “judicial statesmanship”? Because of Enrile’s statement.
Enrile says only the Senate can try, and they will not be stopped. So to avoid a Constitutional crisis, especially since the muscle of the Executive will favor Enrile, there will be enough votes to deny the TRO and the trial will not be stopped.
The basis will be the dichotomy between fact and law.
Para yang judge and jury sa Tate. The judge rules on questions of law, but the jury is supreme, when it comes to facts.
So the judge rules on whether evidence is admissible or not. But when the jury says guilty or not guilty, that finding is not appealable. And award lang ang ina-appeal (magkano ang damages, in a civil case.).
In the same way, since the interpretation of the law is a judicial function, Enrile bowed to the Court. But on whether or not to try the Respondent, only the Senate can say whether or not he will be tried.
E tinanggap na, and trial is ongoing, so I doubt that Enrile will stop. This is where he differs from Drilon. Drilon surrendered, and enjoyed the rape (apologies to the late Raul Manglapus) when the Supreme Court saved the Hilarious Divided.
Isa pa hindi naman natin siya (Corona) pinilit sa pwestong iyan.
Nung unang na-shortlisted siya sa Associate Justice nag-apply siya noon kaya lang ay inabutan siya ng eleksyon nung 1998 kaya hindi siya na-appoint dahil sabi ni CJ Narvasa bawal ang midnight appointee bago mag-eleksiyon. O di ba, noon pang panahon ni Narvasa, alam na niya kung ano ang sinasabi ng batas.
Panahon ni Erap, lie-low muna siya pero nareject pa rin nung mag-apply na Justice sa Court of Appeals.
Hanggang maappoint na Asso Justice nung panahon ni Putot hanggang sa midnight appointment niya bilang CJ sa loob mismo ng election period.
Pwede ba’ng pakitanong kay Atty. Karen Jimeno, yung maasim niyang spokesperson, ang dahilan kung bakit siya sumulat sa SC at nirereject ang nonimation ni Corona? Paki sama na rin yung sulat ng pamilya Basa-Guidote kung bakit hindi karapat-dapat si Renato Coronado Corona sa Supreme Court?
#44. Phil, enough good news to last me in a good mood for today. 🙂
#47. Tongue, salamat sa backgrounders kay Coronado. Aha, walang prinsipyo pala ang alluring na Miss Karen!
Malalim man ang paliwanag ni Sereno, purpose is rarely used in statutory construction. When the language is plain, then the plain language will be employed.
Otherwise, the law will mean what it does not say, and say what it does not mean.
Now speaking about the purpose. At the time that Macoy legislated the PD, there was a lot of dollar “salting” (Macoy’s term). Lipad ang dollar sa labas, kahit legally obtained.
Now if you secure its secrecy, it may motivate the local rich boy to park his money in the Philippines. Now you know your macroeconomics. Demand is demand, whether it is a hoodlum buying a bowl of Mami, or a priest. And the infusion of money has a multiplier effect – the injection of one dollar is not just a benefit of one dollar to the economy, but maybe five, because money goes around.
Similarly, there is a negative multiplier if money is taken out of the system, and parked elsewhere, by either hoodlum or local rich boy.
So, maybe, Macoy, on advice of Virata, wanted to stop the dollar salting, and not only increase demand, but buoy up the foreign reserves as well.
Amoral, perhaps? Yes but the benefits to the economy are amoral as well. It will rain on the farmer’s field as well as on the picnic of some college kid.
Would you rather there was a drought on everybody? I prefer the rain. There will be other ways to snag the hoodlum. But I want his money here, instead of outside. That way, it will be easier to file a forfeiture case.
Try filing a forfeiture case in the Cayman Islands. Buti kung makuha mo pa.
Jinggoy once again tried out his trapping skills, but found his prey Ms. Tiongson elusive. I still couldn’t figure out what he was trying to prove by trying to link Tiongson as a relative of prosecutor Niel Tupas and elaborating on the Tupas political family tree in the process.
Was he trying to say that Ms. Tiongson and Niel Tupas are natives of one province and are kin and know each other and therefore she was the one who gave the documents to Tupas?
Medyo malabo ang logic. At wala namang solid evidence. All sound and fury signifying not much. Jinggoy was left holding an empty bag. I admire Jinggoy though. He tries. Really tries. Kaya lang…
Gusto pa ninyo ng history nitong Bank Secrecy Act na ito?
Dito sa blog ni Toto Causing ipinaliwanag niya ang mga inter-related na mga batas na ipinasa noon ni Marcos na may kinalaman sa Bank Secrecy Act. Dito malinaw na ipinaliwanag ni Causing na hindi kasama si Corona sa mga intended beneficiaries ng batas na ito. (RA6426)
http://totocausing.blogspot.com/2012/02/theyre-wrong.html
The whereas clauses do not figure in statutory construction, unless there is ambiguity.They are not part of the law, actually, merely palamuti.
When the law is plain, the purpose cannot override the plain language.
This only proves that the drafter of Macoy erred.
Simple lang naman. Amend the law.
Besides, what is the purpose of the voyeuristic need to nose into Corona’s dollar account? The point has been proven already, that he did not disclose some assets.
Whether the content is 7 million, 700 k or 7 thousand, the failure to disclose is already there. Yan naman ang demanda.
The contents are only being pried into, for the shock effect. Hah. Ganoon pala kalaki. This is for the gallery, not for the judges.
You want the money? File a forfeiture case.
Ano na ba ang ginagawa nung other Carpio? Nagpapa-pedicure?
Pinahahaba pa kasi. Amend the Constitution, by people’s initiative, to end the term of all justices upon ratification. Two percent per precinct lang naman, which is two hundred signatures.
Then put the much ballyhooed popularity behind it and put it in the ballot for May 2013. Ubos lahat yan, ang Noy can name all justices, like Nanay.
Yung lower courts, do a Macoy. Read Batas Pambansa 129.
Unconstitutional? Security of tenure? No rules apply when the sovereignty speaks through the ballot.
The prosecution is claiming that the Defense will ask for a declaration of mistrial from the Supreme Court.
Actually, a mistrial is usually declared by the trial court – in this case, the Senate. One of the bases for a declaration of mistrial is prosecutorial misconduct. The reason advanced by US courts is that it is not punishing society by letting a malefactor of the hook; but ensuring a fair trial.
Ingat sila kay Enrile, a stickler for the rules. If he gets piqued by the fake documents, he may declare a mistrial. Of course, that would be put to a vote, but I would not ask for a vote now, before the prosecution has fired all its ammo.
So it is not the claim of the Defense about the 100 million suhol that is a danger to the prosecution. It is their small lady story that may precipitate a vote on prosecutorial misconduct.
#52
I agree. Amend the constitution. I would rather that we go through this political route and let the “real” people judge rather than so called experts of law bastardizing well, the law. Like I mentioned in previous threads, the law or the constitution can be interpreted in so many ways by lawyers that they too can’t seem to agree with each other. It usually ends up with what they think would favor their case or favor their political leanings.
PNoy is now the president and I do believe his desire to clean up the scalawags in the judiciary and bureaucracy is genuine. But taking short cut routes ala GMA defeats that very purpose. He uses his allies in congress with promise of perks and porks (ala GMA) to advance his desire for reforms. In saying this, I trust that PNoy will not take advantage of cha-cha to prolong his saty in power. We opposed cha-cha then becuase we know the likes of Ramos, Erap and GMA cannot be trusted not to use it to prolong their stay in power.
Estrada was asking Tiongson:
“Do you still stand by your answer that the documents were fake?” he asked.
“Yes your honor, because Sen. (Francis) Escudero asked me to look at the documents and our president allowed me to look at them. Then we compared them and there were differences. They are not the same your honor so they may be fake,” she said.
Angie M. Rosales, “PSBank executives: Records still fake.” Daily Tribune, February 16, 2012
http://www.tribuneonline.org/.
——————xxxx——————
It is very easy to find out if Tiongson is lying or not by checking the date and time that she accessed the data of Corona. If Tiongson printed the data from her desktop, it can be traced too. How? By allowing an independent computer expert to examine the bank’s computer system.
Even if the intenal IT Department of the bank deleted the data concerning the accessed date and time of Corona’s data it can still be retrieved by a forensic computer experts.
Lagot si Tiongson, Garcia at pati na ang bangko, mag aalisin ang customers nila kapag nahuli silang nagsisinungaling.
Okay. Wala daw mistrial, according to Enrile.
Buti naman.
Nor will there be any from the Supreme Court. Hindi nga makakuha ng ponente. The case keeps getting re-raffled.
The Senate has to hire at least two experts to corraborate their findings. Three will be preferred to hopefully prevent collusion.
I personally think that now is the right time to amend the constitution. The problem with the present one is minadali given that the situation then, under a revolutionary gov’t which is quite volatile. During the revolutionary gov’t of Cory, they should have just revert back to 1953 constitution and let people vote in a referendum if they agree.
Sarswela na naman….
=================================
(Balik-tanaw…)
MR. BAUTISTA: Mrs. Ocampo, on your own personal knowledge, do you know who affixed the signature of Jose Velarde on each of these three Investment Management Agreements?
x x x x x
MR. BAUTISTA: Thank you, Your Honor.
Mrs. Ocampo, who signed this signature?
MS. OCAMPO: The President, Joseph Ejercito Estrada.
MR. BAUTISTA: How far away were you from the President when he affixed the signature of Jose Velarde on these copies of the Investment Management Agreement?
x x x x x
MS. OCAMPO: Sir, I was about one foot away because I was seated beside him on his left side.
http://www.thetrustguru.com/impeachk1.htm
#52 and #53… sakto Sax.
Hindi nila ma photocopy ang mga bank records, otherwise, baka sila mabisto. Ang contact ng mga prosecutors na taga bangko siguro ay kinopya lamang ang mga bank account numbers at mga balances in some dates.
Para nga naman pasabog ang dating sa media at sa mga tao, as the prosecutors usually do, inilagay nila yan sa form na kinopya rin sa form ng bangko pero hindi nila ineksakto para disimulado kung saan talaga ito nagmula kung magkabukingan, ligtas ang kanilang mole na taga bangko. Ang labas sa impeachment court hayan, correct acct nos and figures about balances, but partially different sa forms and completely fake signatures, which of course, they cannot secure when they made the bogus records. Itong scenario kong ito ay base sa mga narinig ko ng mga pahayag sa impeachment sa ANC tv.
Hindi ligtas ang taga mole na nasa bangko dahil may mga security features yan lalo na yong mga mamahaling softwares. Maaring hindi alam ng tv commentator ang sinasabi nya o inililigaw nila ang mga tao.
Limitado lang ang mga employee na may access sa mga sensitibo na inpormasyon. Sabi ni bank manager Tiongson ay kailangan pa niya ang permit ni bank president Garcia para ma access yong account ni Corona.
Kung sakali mang may nag access ng account ni Corona pero hindi authorized ni Garcia ay makikita pa din doon kung sino ang user, date, at time ng access. Halimbawang nag deny ang user na hindi talaga sya ang nag access may ibang tao ang gumamit ng user id at password nya ay kaya pa rin e trace yan.
Sa bangko isang katutak ang cctv camera jan. Hanapin lang yong date, time, at tamang lugar ng cctv. Ang ginagamit ng malalaking kompanya ay yong top of the line network system katulad ng Cisco ay kayang e trace kung aling computer ang ginamit para ma access yong account ni Corona. Ginamit ba yong computer ni Tiongson, Garcia, computer ng janitor, o yong computer sa kusina para ma access yong account ni Corona? Kayang kaya yan ng Cisco, pin pointed yan.
Bravo Sax!
Now thats a systemic approach to a systemic problem. Your approach leads to victory with long term desirable results, a fresh perspective and a lot better one compared to all these hip shooting, seemingly chaotic, nerve wracking exercise – which will only lead to pyrrchic victory if ever.
So Enrile is trying to redeem himself? After justifying martial law years ago (making it constitutional) dictatorship but according to the rule of law. What about the bloodiest coup attempt that plunged our economy to the ground led by his tuta Honasan? Come to think of it, if Honasan won who would he put as head of state? Hmmmm…
Philippine politics sucks. Everyone pushing their own agenda, while we on the other hand are left hoping that whoever succeeds – ambunan man lang tayo ng konti. It looks the same year after year…
“Philippine politics sucks. Everyone pushing their own agenda, while we on the
other hand are left hoping that whoever succeeds – ambunan man lang tayo ng
konti. It looks the same year after year…” – Jug
That, I much agree! And it sucks big time!
I am glad that yesterday’s trial finally focused on the critical question that was amazingly forgotten to be asked of Tiongson and Garcia the day before. And that was “you say the docs are fake or spurious. What is different about it from the original?”
I noticed that Garcia when pressed yesterday said the differences were that the fake had highlights, had underlines and had added or missing signatures.
Still it was just Garcia’s word. So the senate now wants Tiongson to bring the real original document today..and just cover or tape the portion where the dollar data is indicated.
Thanks to Drilon who was the first to ask this very simple important question yesterday..after everybody forgot to ask it the other day.
Annotations in the form of highlightings, underlinings, and scribblings will tell us that the original of the reproduction submitted by the prosecution was already subjected to scrutiny/investigation as to its contents.
This may narrow the search for the originator of the pilfered information to investigating bodies such as the BSP and AMLC. The whistleblower (if ever we should consider him/her as such) may not be connected to PSB.
If it’s true that Lacierda “authenticates” the reproduced document then it’s highly possible the Executive leaked the information out (remembering the WB memorandum on the SC loan).
The “small lady” was just a courier (but it’s more of a ruse, considering how clandestine the operation was).
…Talk about “Bourne Legacy” fever…
‘P37M in CJ’s accounts Corona closed on the very day he was impeached. http://www.abs-cbnnews. com
PSBank Katipunan Branch Manager Annabelle Tiongson revealed on day 19 of the trial that Corona closed 3 multi-million peso accounts:
Account 089121019593 was closed on December 12, 2011. It was opened on December 22, 2009 with an amount of P8,500,000. It had P12,580,316,56 as of end-2010.
The other account that was closed on December 12, 2011 was 089121021681. It was opened on September 1, 2010 with an amount of P7,090,099.45. As of end-2010, the amount was at P7,148,238.83.
The other account, which was not a subject of a subpoena, was also closed on the same date. It had an initial deposit of P17 million on June 29, 2011.
__
Corona closed the P37M accounts because they were not his daw, but his wife’s company the Basa Guidote.
Yan ba ang company ni Christina at mga relatives, di ba non-existing yan ng matagal na? Bakit may accounts pa till Dec. 12, 2011?
O, meron din si Corona na Jose Velarde?
Hindi sinabi ng Corona defense kung saan/kanino inilipat ang accounts, in due time daw (ule).
If true na pera ito ng company ng asawa at relatives, bakit hindi kay Christina pangalan idineposito? Sagot ni Christina: Kasi daw palagi syang nasa-Baguio. Hindi monopoly ni Christina, imposible naman na aalang sariling account ang Basa Guidote kung ito ay hindi fake na company?
Itinatago ba ng wifey from her relatives ang P37M and the safest hiding place she thought was CJ’s name? Sa kabilang banda, kung alam ito ng mga relatives ni Christina, ang tatangengotz nila at ipinagkatiwala ang pera ng kanilang sariling company sa hindi nila kaano-ano.
Sabi ng asawa ay hindi daw deklarado ang P37M sa SALNs ni Coronado kasi kanya daw ito at hindi sa lalaki. Nang-uungas ng pinoy ang asawa ni Corona. It’s not a matter of his or not his, mandatory na isama ito sa SALN dahil nasa pangalan ni Atong. Teka, included ba ito sa SALN ni Christina kasi wala dun kay Renato?
Sus, ginagawang tanga ng mag-asawang Corona ang kapasidad na mag-isip ni Mang Juan!
..hindi monopoly o sariling pag-aari ni Christina ang kumpanya..
The Brothers Grimm couldn’t spin a more incredible tale. Is this the explanation that they are going to tell us “in due time”? Pang komiks.
Another beautiful day today at the trial.
Miriam was in a motherly good mood and very polite and helpful to The Ragtag Squad. The PSB President Garcia and the branch manager Ms. Tiongson were so surprisingly cooperative.
More revelations about more undeclared millions of Chief Justice “In-Due-Time” were made to surface. The one hour mysterious figure Congressman Banal who many expected to be an evil spirit roaming the PSB branch turned out to be the nicest innocent looking Casper I have ever seen. He was a fitting ending to today’s sunshiny day.
#72 exactly.
If its company money, it goes to a company account.
And most definitely, it should not go to an account who’s account holder is not in any way connected to the company.
The excuse is acceptable if the wife put the money in her account. Not the husband’s.
The explaination is plain BS.
#74. Phil, thanks for the wonderful sidelight about Banal the Casper. I love the nice ghost. 🙂
Off topic:
Nakaka inis lang dahil nakiki alam na naman ang mga OBISPO sa politika. Kesa daw dapat itigil ang trial ni Corona.
Dapat sa kanila ay itutok na lang nila ang kanilang haka haka sa mga Baklang Pare at Manyakis na Pare.
Kapag di mo mabigyan ng abuloy ay ngawa ng ngawa..
pati pag suot ng Condom ay uma hangal pa sila.
Nakaka inis lang dahil nakiki alam at di ba nila alam na isa sila noon na nag pabagsak ng gobyerno at nag kababoy baboy dahil sa pag kiling nila sa ibang politiko. Isa na si SIN.
in support of the opinions of majority commentators
here in Ellenville, please read.
We, the millions BOSSES of P Noy may not be Disheartened since this may come to pass.
The best case scenario which the true (uncorrupted) Filipinos all over the world are waiting for which can only happened in the Philippines is the resounding acquittal of CJ Corona by the Impeachment Court FOLLOWED days later which can only happen in South Korea, Singapore, Britain, USA, and Canada is the mass arrest of tax evaders from the members of the Impeachment Court, the Supreme Court and members of the defense and prosecution teams. The people who know will rejoice to see Corona, Enrile, Santiago, Escudero, Cuevas, Fr. Bernas and many more etcetera, lead by Police in handcuffs to the army trucks that will collect the tax evaders to take them to Muntinlupa. Let the people watch with their tomatoes, eggs and shoes as these rascals and scalawags marched with police escorts to attend their court trials and be given justice by the genuine rule of law.
With great possibility and people’s eager anticipation this scenario will shock and awe the people of South Korea, Singapore, Britain, USA, and Canada on how the Phil President using the true rule of law led a revolution that halted the tide of corruption and smash to pieces the rock culture of impunity.
Filipinos all over the world will be looked up with respect and reverence more than the first EDSA, more than the FBI efforts on the MAFIA, more than Guilliani’s bringing peace and order to the streets and homes in New York City.
Let the intellectual goons and hoodlums ask for it. The people will eventually sock it to them.