SC grants prosecutors’ request to have copies of non-confidential docus

MANILA, Philippines—The Supreme Court granted the request of the House impeachment panel that they be given copies of records of the court subject of the impeachment trial of Chief Justice Renato Corona but only those that are not confidential in nature.

Disclosing a document that is confidential in nature, the high court said would make one criminally liable for violation of the Revised Penal Code or the Revelation of Secrets by An Officer and the Anti-Graft Law as well as the New Code of Judicial Conduct for the Philippine Judiciary.

In a 28-page resolution dated Feb. 14 but was released to the public on Thursday, the high court ordered the Clerk of Court to photocopy the non-confidential documents and records which are part of the House impeachment panels’ request and to immediately serve a copy to the prosecutors and the impeachment court.

These documents include Supreme Court rulings on the temporary restraining order issued in favor of former President Gloria Macapagal-Arroyo, dissenting opinions of Associate Justices Ma. Lourdes Sereno and Antonio Carpio on the same case, the receipt on the bond paid by Mrs. Arroyo.

However, the high court said the confidential documents cannot be provided to the House panel of prosecutors because it is part of the “deliberative process privilege.”

“Court records which are “predecisional” and “deliberative” in nature are thus protected and cannot be the subject of a subpoena if judicial privilege is to be preserved. The privilege in general insulates the Judiciary from an improper intrusion into the functions of the judicial branch and shields justices, judges and court officials and employees from public scrutiny or the pressure of public opinion that would impair a judge’s ability to render impartial decisions,” the high court said.

“The deliberative process can be impaired by undue exposure of the decision-making process to public scrutiny before or even after the decision is made,” it added.

Under the Internal Rules of the Supreme Court (IRSC), the following are prohibited from being disclosed to public: (1) result of raffle of cases; (2) actions taken by the court on each case included in the agenda of the Court’s session and; (3) the deliberations of the members in court sessions on cases and matters pending before it.

Some of the documents the House impeachment panel has been requesting that are confidential include minutes of the Supreme Court Raffle Committee which handled the Gloria Macapagal Arroyo and Mike Arroyo TRO petitions, appointment or assignment of the member-in-charge of the Gloria and Mike Arroyo TRO petition and the logbook showing the date and time Associate Justice Ma. Lourdes Sereno’s dissent.