PNoy Dares Corona

Reveal Dollar Accounts At Impeachment Trial
By GENALYN D. KABILING
February 10, 2012, 6:25pm

MANILA, Philippines — President Benigno S. Aquino III on Friday challenged Chief Justice Renato C. Corona to reveal the contents of his dollar accounts in the Senate impeachment trial if he has nothing to hide.

The President, lamenting the Supreme Court temporary restraining order (TRO) blocking the opening of Corona’s dollar accounts at the impeachment trial, stressed that the country’s law on foreign currency deposits was not crafted to provide “refuge” to persons hiding their alleged illegally acquired wealth.

“We are public servants. Public trust is involved. It would be good for the accused, if he is not hiding anything, to voluntarily disclose the account to show he is not guilty,” Aquino said in a press conference during a launch of a training program in Taguig City.

“If you are a thief, I am not saying the accused is a thief, you try to hide your loot in a foreign currency from investigators. But I think that is not the purpose of the law,” he said, adding the government does not want to attract criminals to stash their money in local banks.

The Supreme Court had earlier issued a TRO on the subpoena issued by the impeachment court on the alleged dollar account of Corona in the Philippine Savings Bank (PSBank). The court, voting 8-5, based its ruling on the law protecting foreign currency deposits in the country.

But Aquino cited a Supreme Court decision in the Salvacion case that stated “those who committed an injustice should not find refuge” in the Republic Act 6476 or the Foreign Currency Deposits Act. “We should not encourage drug lords from other countries to come in the Philippines supposedly because their accounts will not be looked into,” he added.

Amid the debate on the disclosure of Corona’s bank accounts, Aquino warned that the country might face sanctions from the international financial community if it does not fulfill its duties against money laundering. The Philippines is a signatory to several foreign treaties to combat money laundering.

The President also bewailed that in issuing a TRO against Corona’s bank accounts, the Supreme Court has sent a wrong message that something is being hidden. He noted that there was an urgent need to check Corona’s assets with his bank accounts but the High Court derailed the quest for truth.

He also criticized the latest SC move to protect Corona’s bank accounts, saying it was issued hastily similar to the TRO handed down that allowed former President Arroyo’s travel abroad. He said there could have been discussions on the need to open the bank accounts before the TRO was issued.

Nonetheless, Aquino emphasized that the two houses of Congress have the sole and exclusive authority to conduct impeachment based on the Constitution. “Other branches of government cannot interfere with their work,” he said.

On concerns of an imminent constitutional crisis in the trial of Corona, Aquino said this was still “hypothetical” but asserted that “nobody wants a constitutional crisis.”

To prevent a constitutional crisis from developing, Sen. Miriam Defensor Santiago called on the Senate to heed and obey the TRO.

Santiago, a constitutional law expert, said she believes the Senate should no longer raise a question whether the SC has no jurisdiction over the impeachment court because the high court’s action is clearly mandated under the Constitution.

On concerns the attempted opening of Corona’s dollar accounts may become a precedent, President Aquino said there are only 31 impeachable officials in government. He added the interest of the 91 million Filipinos is more important than these 31 officials who can be impeached.

SC Defended

Despite criticisms against the TRO, legal experts took the cudgels for the SC and defended it against its critics.

San Beda Graduate School of Law Dean Fr. Ranhilo Aquino, incumbent president of Manila judges’ association and former president of the Philippine Judges’ Association Judge Antonio Eugenio, and Integrated of Bar of the Philippines (IBP) Impeachment Watch spokesperson Lawyer Trixie Cruz-Angeles all agreed that the SC did no wrong when it intervened in the ongoing impeachment trial.

Echoing the earlier statement of respected constitutionalist Fr. Joaquin Bernas that both the Senate, even acting as an impeachment body, and the SC are on equal footing, Aquino stressed that the high tribunal has the power to review the impeachment court's actions.

Under our Constitution, Aquino stressed that the SC was given the power to determine the final meaning of laws in case there are varying interpretations.

“Since the impeachment court remains a part of the branch of the government or an instrumentality of the national 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,” he said interview aired over the DZMM.

Judge Eugenio, likewise, shared the same belief with Bernas and Aquino, maintaining that the SC has the final say on constitutional issues.

He stressed that the SC can act upon issues pertaining to violation of the constitutional rights of an accused.

“The constitution says that the SC has the power to decide on cases involving grave abuse of discretion. The Senate may be a special constitutional court but the law is silent on whether or not the Senate court deprives the SC of its jurisdiction,” Cruz-Angeles said.

Impeach Threat Assailed

As this developed, House prosecutor and Ilocos Norte Rep. Rodolfo Fariñas was assailed for his threats of impeaching the eight SC Justices who voted to issue a TRO on the opening of Corona’s foreign deposits.

Manila Judges' Association and former president of the Philippine Judges' Association Judge Antonio Eugenio and veteran lawyer Romulo Macalintal both agreed that the eight justices could not be impeached just because they voted for the issuance of the TRO.

Judge Eugenio admitted that the judges were “very, very disappointed” that such threat came “from a lawyer of high caliber.”

“The framers of the Constitution intended impeachment to be an instrument of justice, not of vengeance,” he told reporters in an interview at the SC.

Macalintal believes that there's no legal or factual basis to impeach the eight SC magistrates.

He explained that the eight justices obviously relied on the existing Foreign Currency Deposit Act of the Philippines (Republic Act 6426) when they voted for the TRO.

Zambales Rep. Mitos Magsaysay said the impeachment threat aired last Thursday by Ilocos Norte Rep. Rodolfo Farinas, deputy lead prosecution counsel in the Corona impeachment case, could be part of a smear campaign aimed at the judiciary. (With reports from Leonard D. Postrado, Ben R. Rosario, Hannah L. Torregoza)

Comments

The most important consideration here is focused in the country.This is a complicated problem due to posible violation of the constitution in the process of impeaching the chief justice of the supreme court. One of the allegations is that he has amassed ill-gotten wealth, involved in graft and corruption among others. He is the chief of that department.the suppreme court, the people`s perception then will be, that it is but natural for them to side with their chief. The question is, who can the people trust and go to address thier grievances? All these people crying wolf to further their agenda to block this process must be very careful. Think of the Philippines who suffered enough from these grafter/corrupter. You are a christian and other God fearing people? be honest forget about what the country can give you but what you can do for your country as the late us president said. Be patriotic side with people so your fellow countrymen living outside the philippines can be proud of you. Please give us a reason to cheer you up and be proud of the country again because of you. Let the impeachment process go on unimpeded.Thank you.