Corona defense team: Expunge from Senate records evidence on dollar accounts
The defense team of Chief Justice Renato Corona on Monday asked the Senate, sitting as an impeachment court, to expunge from Senate records the evidence on Corona's alleged peso and dollar bank accounts.
“Expunge or exclude from the record the evidence presented pertaining CJ (Chief Justice) Corona’s alleged bank records,” defense team said in a memorandum signed by lawyers Jose “Judd” Roy III and Jacinto Jimenez.
"Upon a careful examination of events, it is easily established that it was only upon the mysterious appearance of the fake and spurious documents that led to the issuance of the subpoena,” the defense said.
The defense argued that an illegally-obtained document should not be admissible in any court, tagging it as a “fruit of the poisonous tree."
The term "fruit of the poisonous tree" is a legal doctrine describing evidence obtained illegally. The rationale is if the source (the tree) is tainted, then the evidence is tainted as well.
“The inadmissibility of evidence under the doctrine of the fruit of the poisonous trees applies to subpoena," the defense said.
It added that "fake documents cannot be the basis for the issuance of a subpoena to the banks.”
“The testimonies and bank documents produced as a result of the subpoena are inadmissible for being the fruits of the poisonous tree,” the defense said.
The defense also asked the Senate to “prohibit the presentation of further evidence on CJ Corona’s alleged bank records in this case.”
The memorandum noted that "there was no information available to the Prosecution regarding the accounts of CJ Corona and family in PSBank. "
Documents from a 'small lady'
Earlier, Mindoro Rep. Reynaldo Umali claimed that a ‘small lady’ gave him an envelope containing the chief justice’s supposed bank documents.
Corona’s supposed PSBank dollar accounts showed that Corona has $700,000 (roughly P30 millon).
The prosecution also noted they found at least P30 million on Corona’s peso accounts.
However, PSBank Katipunan branch manager Annabelle Tiongson said that the documents obtained by the prosecution panel were “fake.”
"They are fake documents... These did not come from our bank. They are not a replica of genuine documents," Tiongson said.
She also noted last week that Quezon City Rep. Jorge “Bolet” Banal in January asked for “help” regarding the supposed bank documents of Corona.
“Expunge or exclude from the record the evidence presented pertaining CJ (Chief Justice) Corona’s alleged bank records,” defense team said in a memorandum signed by lawyers Jose “Judd” Roy III and Jacinto Jimenez.
"Upon a careful examination of events, it is easily established that it was only upon the mysterious appearance of the fake and spurious documents that led to the issuance of the subpoena,” the defense said.
The defense argued that an illegally-obtained document should not be admissible in any court, tagging it as a “fruit of the poisonous tree."
The term "fruit of the poisonous tree" is a legal doctrine describing evidence obtained illegally. The rationale is if the source (the tree) is tainted, then the evidence is tainted as well.
“The inadmissibility of evidence under the doctrine of the fruit of the poisonous trees applies to subpoena," the defense said.
It added that "fake documents cannot be the basis for the issuance of a subpoena to the banks.”
“The testimonies and bank documents produced as a result of the subpoena are inadmissible for being the fruits of the poisonous tree,” the defense said.
The defense also asked the Senate to “prohibit the presentation of further evidence on CJ Corona’s alleged bank records in this case.”
The memorandum noted that "there was no information available to the Prosecution regarding the accounts of CJ Corona and family in PSBank. "
Documents from a 'small lady'
Earlier, Mindoro Rep. Reynaldo Umali claimed that a ‘small lady’ gave him an envelope containing the chief justice’s supposed bank documents.
Corona’s supposed PSBank dollar accounts showed that Corona has $700,000 (roughly P30 millon).
The prosecution also noted they found at least P30 million on Corona’s peso accounts.
However, PSBank Katipunan branch manager Annabelle Tiongson said that the documents obtained by the prosecution panel were “fake.”
"They are fake documents... These did not come from our bank. They are not a replica of genuine documents," Tiongson said.
She also noted last week that Quezon City Rep. Jorge “Bolet” Banal in January asked for “help” regarding the supposed bank documents of Corona.
Articles of impeachment
The lawmakers impeached Corona in December last year on the following grounds:
- partiality and subservience in cases involving the Arroyo administration;
- failure to disclose to the public his statement of assets, liabilities and net worth (SALN);
- issuance of flip-flopping decisions in final and executory cases;
- issuance of the “status quo ante” order against the House of Representatives in the case concerning the impeachment of Ombudsman Merceditas Gutierrez;
- decision in favor of gerrymandering in the cases involving 16 newly-created cities, and the promotion of Dinagat Island into a province;
- improper creation of the SC ethics committee
- granting temporary restraining order in favor of former President Arroyo; and
- failure and refusal to account for the Judicial Development Fund (JDF) and special allowance for the judiciary collections.
We welcome healthy discussions and friendly debate! Please click Flag to alert us of a comment that may be abusive or threatening. Read our full comment policy here.
Comments Powered by Disqus
advertisement
advertisement
advertisement
