MANILA, Philippines — There are reports about considerable anxiety among investors and depositors over the Senate trial court’s order to disclose the foreign accounts of SC Chief Justice Renato Corona. During the hearing with PSBank Pascual Garcia III, the senator-judges had to remind him (he had earlier filed a motion to the Supreme Court requesting for guidance) that the Impeachment Court is a constitutionally created body and invested with plenary powers. Garcia had tenaciously held to his opinion that he cannot disclose information on the foreign currency deposits of CJ Corona as he is bound by the law prohibiting absolute confidentiality. The opinion of several legal luminaries is that the Senate impeachment tribunal is an independent body which can “enforce obedience to the orders... make such lawful orders, rules, and regulations which it may deem essential to the proper discharge of its constitutional mandate” as Ateneo Dean Tony La Vina interprets it. As the Senate is not exercising its legislative powers, the concept of separation of powers does not apply.

A colleague at the Constitutional Commission, noted constitutionalist Joaquin Bernas, SJ, however, clarified this debatable point by stating that neither the Supreme Court nor the Senate impeachment court is superior to the other. Only the Constitution is above all other bodies. This means that the Supreme Court can come in when needed to determine the meaning of the law.

At the trial, witness Garcia had to be reminded by Senators Pia and Alan Cayetano about exceptions on disclosure such as the Supreme Court decision on Salvacion vs. the Centeral Bank of the Philippines, China Banking Corporation, and Greg Bartelli where the plaintiff, Karen Salvacion, a 12-year-old student was raped by a foreign tourist. She and her parents won the case in a landmark ruling – with  R500,000 given to Karen for moral damages; R300,000 to her parents, and additional fees for litigation costs, the total amounting to  almost a million.

The law which PSBank President Garcia cites (and he admirably defended his stance) states that “all foreign currency deposits made under RA 6426 and all foreign currency deposits authorized under PD 1304 are exempted from taxes and declared as absolutely of a confidential nature, except under the written permission of the depositors.”

Since this was a precedence-setting decision and a basis for the argument regarding disclosure of Chief Justice Corona’s dollar deposits, it is worthwhile to cite the gist of the Supreme Court decision, the central message of which is doing right by giving justice to the powerless:

“The law makes futile the favorable judgment and award of damages. It denies a citizen aggrieved by a foreign guest and negates Article 10 of the New Civil Code which provides that in case of doubt in the interpretation or application of law, it is presumed that the lawmaking body intended right and justice to prevail... In our predisposition to discover the original statute, courts become the unfeeling pillars of the status quo. Little do we realize that statutes or even constitutions are bundles of compromises thrown our way by their framers. Unless we exercise vigilance, the statute may already be out of tune and irrelevant to our day.”

While the PSBank president was testifying, the Supreme Court’s spokesperson announced that the SC had voted, 8-5, stopping the Senate impeachment court from compelling PSBank officials to disclose information on CJ Corona’s foreign currency deposits.

We will not know till the caucus on Monday how the Senate impeachment court would resolve the issue, as several senators had voiced objection to the TRO saying that the Senate body has the sole power to decide the case. Malacañang sees it as “a brazen effort to derail the proceedings.”

Much of the reaction from the public can be gleaned from comments in the social networks and informal forums. Except for lawyers and law students, a large number find the sessions tedious and have “tuned out.” But perhaps, the recent developments – mystery of the “leaked documents” and the “small lady,” the recent TRO, the SC decision on stopping the trial, and the comeback of Senator Miriam Santiago, may  transform the mood of an otherwise boring impeachment trial. My e-mail is florangel.braid@gmail.com