Corona camp wants subpoena on BIR’s Kim Henares withdrawn

MANILA, Philippines—The camp of Chief Justice Renato Corona on Tuesday moved to block Internal Revenue Commissioner Kim Jacinto-Henares from testifying before the impeachment trial, saying her testimony had no basis and was irrelevant and immaterial to the case against Corona.

In a six-page motion to quash subpoena, Corona’s lawyers said Henares should not be allowed to testify before the Senate and bring with her the tax documents of Corona and his children since the ill-gotten-wealth allegation by the prosecution was not covered in Article 2 of the impeachment complaint.

Corona’s lawyers insisted that Article 2 only refers to the Chief Justice’s alleged failure to disclose his statements of assets, liabilities and networth, or SALNs.

“The presentation of the ITRs [income tax returns] and tax certificates of the Corona children should not be allowed for being without basis, irrelevant, and immaterial to these proceedings,” said the motion.

“The testimony of Commissioner Henares on the ITRs and tax certificates of the Corona children, as well as the presentation thereof, are therefore irrelevant and immaterial to the issue of whether or not CJ Corona failed to disclose his SALN to the public,” it added.

Corona’s camp also noted that the properties and income of other individuals subpoenaed by the Senate “have no bearing whatsoever to CJ Corona’s SALN.”

The complainants, they said, have not also shown whether Corona’s children listed on the subpoena were unmarried, under 18 years old or still living in Corona’s household.

“Neither has there been evidence to show that CJ Corona should have enumerated the properties of his children in his SALN,” they said.

“From the foregoing, it’s clear that the presentation of evidence of the ITRs and tax certificates of the Corona children and Commissioner Heneres’ testimony thereon should not be allowed,” the motion said.

“Hence, this honorable court’s subpoena dated January 17, 2012, should be squashed,” it added.