The stage is set for Chief Justice Renato Corona’s much-awaited appearance in his impeachment trial.
Defense lawyer Jose Roy III Tuesday dropped what his camp described as a bombshell, informing the Senate that Corona would take the witness stand and answer all allegations pertaining to his peso and alleged $10 million in foreign currency deposits, which the chief magistrate has called a fabrication.
Senate President Juan Ponce Enrile promptly granted the defense’s request on Day 36 of the trial to subpoena Ombudsman Conchita Carpio Morales and 10 other people in connection with the supposed euro and dollar deposits.
Enrile also approved the request for a 48-hour continuance to allow defense counsels to prepare for the presentation of Morales, a retired Supreme Court justice, and company as hostile witnesses.
Trial will resume on Monday.
Enrile, along with other senators, has urged Corona to testify on allegations he fudged entries in his statements of assets, liabilities and net worth, saying the defense has so far presented witnesses whose testimonies were irrelevant.
“Once these witnesses have put on record what they have to state under oath, we will present evidence to contradict, deny and rebut them through the testimony of the Chief Justice,” Roy manifested in open court.
Roy said Corona would be among several other defense witnesses to be presented, as the impeachment trial enters its crucial final phase. Senators want to wrap up the proceedings within the month.
“We may present other witnesses, but we will present the Chief Justice. Definitely,” he said.
Supreme Court case
Asked by Sen. Panfilo Lacson whether Corona would sign a waiver to disclose his supposed foreign currency deposits, Roy replied: “There is a strong possibility that he will disclose everything.”
The Supreme Court has issued a temporary restraining order on the dollar account issue being litigated in the Senate tribunal upon a petition of PSBank, citing a bank secrecy law prohibiting its disclosure.
“Make the proper motion and I assure you, we will issue the subpoena tomorrow,” Enrile told the defense. Later, he said the request for a two-day trial break was “granted and we will lengthen the period of the trial next week.”
Lacson earlier told reporters that Corona could lose his case if he did not testify.
“The overwhelming sentiment among the senator-judges is that we wish to get this (trial) over with. The one who should appear should be the one who needs to explain,” Lacson said. “If he does not explain anything or fails to explain reasonably or satisfactorily, then we can have no reason to acquit.”
Senators Miriam Defensor-Santiago and Jinggoy Estrada have also called on Corona to testify.
In deciding to appear in his own trial, Corona apparently overruled lead defense counsel Serafin Cuevas, who had frowned upon the idea. Cuevas feels that the prosecution evidence was weak.
In a five-page request, the defense asked the Senate to subpoena Morales et al. “in order to prove that CJ Corona does not have foreign denominated accounts amounting to $10 million and for them to explain why an investigation is being conducted on matters already within the jurisdiction of this honorable impeachment court.”
Also to be subpoenaed are civil society leader Harvey Keh, Akbayan Rep. Walden Bello, former Akbayan Rep. Risa Hontiveros, and fellow complainants Ruperto Aleroza, Gibby Gorres, Albert Concepcion, Ernest Francis Calayag, Moses Albiento, Tristan Zinampan and Emmanuel Tiu Santos.
The defense noted that Keh, of the Ateneo School of Government who also is lead convenor of the clean governance group Kaya Natin!, was reported to have submitted copies of the leaked bank records to Enrile. The Senate President confirmed that he had received such documents in a sealed envelope but declined to act on them.
Morales is investigating the alleged $10-million deposit based on three separate complaints filed by the groups of Keh, Bello and Santos. The Ombudsman had written Corona asking him to respond to the allegation, but he has ignored the letter.
Roy told senators that Corona had “issues regarding the jurisdiction of the Ombudsman over him, but not the jurisdiction of this court.”
Under questioning by Estrada, Roy denied that Corona’s decision to appear was not conditional.
“He himself has also assessed the evidence against him and unless this particular matter is raised formally under oath, he feels there would be really no need to testify to address the other issues,” Roy said.
Roy later told the Inquirer that Corona was fed up with suggestions he had illegally amassed wealth from Keh and his group.
“Come on. Let’s convert this libel into perjury. Let them put (their accusations) under oath,” Roy quoted Corona as saying when the latter met with his lawyers Tuesday morning.
Asked what prompted Corona’s decision, Roy said: “It’s anger and outrage.”
“Why don’t they state (their allegations) under oath? Why do they insist on inserting themselves in accusations against the Chief Justice which hold no water and which they cannot prove,” he said.
‘Let’s expose ourselves’
Ramon Esguerra, another defense lawyer, said the Chief Justice “prayed very hard” before he made the decision on Monday night.
“The Chief Justice spoke with his family. He then met with us Tuesday morning,” Esguerra said.
Esguerra said Corona “saw the value or the lack of it” in the documents which Keh submitted to the Senate.
“The Chief Justice wants to disprove them. Let them prove it if they can and the Chief Justice will explain,” he said.
He said that Corona would not invoke the law barring the disclosure of dollar deposits.
Said Esguerra: “Wala na. Maghubaran na tayo (No more. Let’s expose ourselves). That’s what the Chief Justice wants.”
In a phone interview last night, Keh said he was willing to testify and support the charges he had filed in the Office of the Ombudsman last February where he accused the Chief Justice of owning $700,000 in several PSBank accounts.
He said he would submit to the Senate the documents on these PSBank accounts.
A prank?
However, Keh said he could not testify on the authenticity of the documents purportedly showing that Corona had $10 million in bank deposits. He said he himself was unsure and that the whole thing could just be a “prank.”
“Absolutely not. I am not an expert on this,” said Keh, who confirmed he made copies of the documents and sent them to Enrile.
Keh had earlier claimed that he was surprised when the Ombudsman asked Corona to explain his purported $10 million in bank accounts when his group thought he only had $700,000.
Bello said he would respect the subpoena but that he was on his way to a conference in Geneva. Bello said he was scheduled to return on May 18. With reports from Gil Cabacungan and Tarra Quismundo