Prosecution can’t request for subpoenas using ‘tainted’ bank documents

MANILA, Philippines—Defense counsel Ramon Esguerra said that the prosecution could no longer request for subpoenas using the same “tainted” evidence.

“I really do not know from what basis,” Esguerra said when asked if the prosecution could request again to subpoena bank records. “If the basis will be the same document, I doubt it. That is already tainted.”

Esguerra was referring to the photocopy of bank account opening documents purportedly in the name of Chief Justice Renato Corona from Philippines Savings Bank (PSBank) that Oriental Mindoro Representative Reynaldo Umali said was handed to him by a “small lady.”

The prosecution team used the said document as basis for a request to subpoena the bank account records and the officers of PSBank.

The witnesses, PSBank president Pascual Garcia and PSBank Katipunan branch manager Annabelle Tiongson, denied in their testimony that the documents came from the bank prompting the senator-judges to question the prosecution how they obtained them.

Senate President Juan Ponce Enrile, acting as presiding chairman of the impeachment court, on Monday ordered the prosecution to submit on Tuesday a written explanation.

“There is a violation of the law already,” Esguerra said. “There is a violation because these were supposed to be confidential records.”

“How were they obtained by the prosecution?” Esguerra said.

Esguerra said that both Tiongson and Garcia said the document were fake. He said Senator Francisco Escudero had asked the witness to bring the original documents so they can be compared.

When asked what the implications are if the document was proven as either fake or authentic, Esguerra said “either way it will be good for us, although it might be better if it was spurious.”

“So the investigation can go ahead and call those responsible for [presenting] this spurious document to the senate impeachment court,” Esguerra said.