Impeachment court denies move to subpoena Corona, family

(Updated 4:40 p.m.) The Senate, sitting as the impeachment court, on Tuesday voted 14-6 to deny the House prosecution's request to subpoena Chief Justice Renato Corona and several members of his family to the impeachment proceedings.   The senators put the issue to a vote after Senate Minority Floor Leader Alan Peter Cayetano opposed the ruling of Senate President Juan Ponce Enrile, the presiding officer, denying the prosecution’s request. “We cannot deny the subpoena because we cannot predict if and when the daughters will in fact manifest or claim the privilege and/or the husband will claim [it]," Cayetano said.   Along with the request was a motion to subpoena several documents related to the purchase of some properties supposedly acquired by Corona and his family. Corona has denied owning 45 properties, and claimed ownership of only five of them.   But the presiding officer, in the ruling read by the Senate secretary Emma Lirio-Reyes, stated that the Senate cannot issue a subpoena because this would violate Corona's constitutional right against self-incrimination.   "Section 17 Article III of the 1987 Constitution provides no person shall be compelled to be a witness against himself. This Constitutional provision applies to civil, criminal, or administrative cases," said the decision.   It also said that Corona cannot be required to produce documents stated in the prosecution's request because the prohibition also applies to the production of evidence that would incriminate him.   The Senate added that even the Senate rules of impeachment indicate that Corona does not need to appear before the impeachment court throughout the proceedings.   Regarding Corona's wife Cristina, the impeachment court said there was "no legal justification" to ask her to appear before the Senate, in accordance with Sections 22 and 24 of Rule 30 of the Rules of Court   Section 22 states: "During their marriage, neither the husband nor the wife may testify for or against the other without the consent of the affected spouse, except in a civil case by one against the other, or in a criminal case for a crime committed by one against the other or the latter's direct descendants or ascendants."   Section 24 states: "The husband or the wife, during or after the marriage, cannot be examined without the consent of the other as to any communication received in confidence by one from the other during the marriage except in a civil case by one against the other, or in a criminal case for a crime committed by one against the other or the latter's direct descendants or ascendants."   The impeachment court also disallowed the request to subpoena Corona's children, citing Section 35 Rule 130 of the Rules of Court: "No person may be compelled to testify against his parents, other direct ascendants, children or other direct descendants." Cayetano objection In a speech, Cayetano said he agreed with the presiding officer's ruling denying the issuance of a subpoena for Corona, but disagreed in doing the same for the magistrate's family members.   Cayetano said the move might set a "precedent" to future rulings, and specifically objected to Constantino’s inclusion in those covered by the Constitutional provision on filial and parental privilege.   The impeachment court said it cannot grant the request for subpoena for Charina and Constantino on the basis of the "doctrine of necessary implication."   "This court believes that by necessary implication children-in-law are covered by the prohibition to testify on account of parental and filial privilege," it said.   Chief prosecutor Rep. Niel Tupas Jr. initially asked for more time to file for a motion for reconsideration, but eventually conformed to the ruling. He said the prosecution panel would just submit a “legal memorandum" in connection with the issue. Subpoena for Register of deeds