MANILA, Philippines — The Supreme Court (SC), in a vote of 8-5, stopped on Thursday the Senate, sitting as an impeachment court, from compelling the Philippine Savings Bank (PSBank) to present and testify on supposed foreign currency deposits (FCDs) of Chief Justice Renato C. Corona.

The ruling was contained in a temporary restraining order (TRO) issued by the SC in its special full court session on a petition filed by PSBank through its president, Pascual Garcia III.

At the Senate, it was strongly suggested by Senate President Juan Ponce Enrile that it take heed of the SC order in the meantime.

As presiding officer of the impeachment court, Enrile asked the fellow senator-judges and the two opposing panels – the defense and prosecution – “to heed (the TRO) and touch on other issues other than the FCD.”

Enrile said he and the senatorjudges would discuss the TRO “in due time.’’

The Senate chief made the suggestion after Sen. Panfilo M. Lacson told the impeachment court that he just learned that the High Court had just issued the TRO.

Senior Justice Antonio T. Carpio presided over the special full court session on the petition filed by PSBank as Corona inhibited from the case.

In his petition, PSBank’s Garcia said a TRO is necessary to prevent a possible “bank run” as a result of the “arbitrary and whimsical” examination of a foreign currency deposit  supposedly protected by Republic Act No. 6426, the law creating a foreign currency deposit system in the country.

Garcia also asked the SC to nullify the subpoena issued by the Senate for him or any officer of the bank to present and testify on Corona’s foreign currency deposit for the years 2007, 2008, 2009, and 2010.

Garcia said RA 6426 provides that foreign currency deposits are absolutely confidential in nature, and except upon the written permission of the depositor, such deposits cannot be examined or looked into by any person, including government officials or any other entity whether public or private.

He pointed out that the execution of the subpoena issued by the Senate on Corona’s FCD will expose him and those who will testify in behalf of the bank to criminal liability under RA 6426.

With the TRO on PSBank’s petition, the plea of Corona to nullify the subpoena issued by the Senate on his foreign currency account is effectively granted temporarily.

Those who voted to issue a TRO on PSBank’s petition were Justices Teresita J. Leonardo de Castro, Arturo D. Brion, Roberto A. Abad, Jose Portugal Perez, Lucas P. Bersamin, Martin S. Villarma Jr., Bienvenido L. Reyes, and Jose Castral Mendoza.

Those who voted against the issuance of the TRO were Carpio, and Justices Mariano C. del Castillo, Diosdado M. Peralta, Ma. Lourdes P. Sereno, and Estela Perlas Bernabe.

Earlier, the defense panel stressed that the law requires that disclosure of FCDs require the written consent of the depositor.

Disclosure of bank documents without the written consent of the depositor would violate the Bank Secrecy Act, said former SC Associate Justice Serafin Cuevas, who heads the defense panel.

The Senate as an impeachment court resumes for its 15th trial day of the Corona impeachment trial on Monday.

Meanwhile, the SC did not act immediately on the plea for TRO contained in the petition filed by the lawyers of Corona to stop the impeachment trial.

Instead, the SC required the House of Representatives and the Senate to comment on Corona’s petition in 10 days.

SC Spokesman Jose Midas P. Marquez said the Chief Justice’s plea for TRO would be taken up by the court after the filing of the comments.

He said Justice Presbitero J. Velasco Jr. to whom Corona’s petition was raffled to, inhibited from the case because the Velasco has a son who is member of the House of Representatives.

Also discussed during the special full court session was the proposed subpoena by the House prosecution panel to have several SC justices appear and testify in the impeachment trial.

Marquez said the SC will come out with guidelines on the issue, and the court took note of the Senate’s ruling denying the plea of the House prosecutors to subpoena at least four SC justices. (With a report from Mario B. Casayuran)