Defense may seek SC action

Defense counsels of Chief Justice Renato Corona say they might resort to a court order, possibly from the Supreme Court, barring the Senate as an impeachment tribunal from receiving bank documents as evidence unless it entertained a motion for reconsideration he would file.


Serafin Cuevas, a former justice secretary and former associate justice of the Supreme Court, was about to file on Monday night a motion for reconsideration right after the Senate issued subpoenas to officials of two Philippine banks to produce documents showing that Corona has deposits he allegedly failed to declare in his statement of assets, liabilities and net worth (SALN). However, Senator Francis Escudero immediately pointed out that only senator-judges were allowed to file such motions for reconsideration on rulings of the Senate President as presiding officer.

While Cuevas did not challenge Escudero's statement at the time, Senator Miriam Santiago, who was absent on Monday, submitted a letter to Senate President Juan Ponce Enrile on Tuesday which constituted a motion for reconsideration against the subpoenas.

Santiago cited three reasons the Senate should reconsider the orders issued to representatives of Philippine Savings Bank (PSBank) and Bank of the Philippine Islands branches in Makati City where Corona purportedly keeps deposits.

At one point, Cuevas raised his hand and volunteered that if the impeachment court would not accept his motion for reconsideration opposing the appearance of the bank officials and their presentation of bank documents, "then we'll have no other alternative but to seek another venue." "If the policy of the impeachment court is that no motion for reconsideration may be made by counsel, then where else are we going to go to question the validity or legality of decision of this court, your honor?" Cuevas said the situation forced the defense panel to consider filing a petition for certiorari that would compel a court, in this case the Senate as an impeachment court, to rethink the subpoenas issued to bank representatives.

He added that while the Supreme Court would reject motions for reconsideration if several had been filed in a specific case, "a first motion for reconsideration is decided and cannot be precluded by any judiciary branch of the government, whether the Court of Appeals or the Supreme Court." This impeachment court is supreme in its power to try and decide impeachment cases," Drilon added.