SC clerk of court surrenders Corona SALNs to impeachment court

(Updated 6:35 p.m.) The Senate, sitting as the impeachment court, on Wednesday compelled a defiant Supreme Court clerk of court to surrender several Statements of Assets, Liabilities and Net Worth (SALN) of Chief Justice Renato Corona, which was subpoenaed through a motion by the prosecution panel.

 

"The chair has ruled that we now require the witness to surrender to us the pertinent SALN that she brought to this court," Senate President Juan Ponce Enrile, the presiding officer, said during the day's trial.

 

SC clerk of court Atty. Enriqueta Esguerra-Vidal initially did not want to submit Corona's SALNs from 2002 to 2011 to the impeachment court, saying an order from the Supreme Court is needed to do so.

 

"In view of the resolution of the Supreme Court en banc on May 2, 1989, I am restricted because it says here in one of the guidelines that all requests for SALN will have to [be filed] with the clerk of court... Whether or not it should be given will depend on the court and it is not within my competence whether the purpose of the request is followed," Vidal said. Former SC Justice Serafin Cuevas, Corona's lead counsel, told the impeachment court that Vidal may lose her job if she surrenders the controversial documents to the Senate. His statement was echoed by one of the defense lawyers during a press briefing at the Senate during a short break in the trial. “Baka maparusahan ito (Vidal) ng buong Supreme Court dahil nga may 14 na other justices [na maaaring kumwestiyon dito]. Kailangang i-calendar muna [ito] at mapagpulungan ng mga justices,” said lawyer Karen Jimeno, legal spokesperson of the defense panel. Later, after Vidal was excused from the trial, reporters asked if she was relieved. "I have nothing to hide," was her curt reply.  Marquez: Vidal can keep her job At a press conference, Supreme Court Administrator and spokesman Midas Marquez said Vidal need not fear for her job. He said Corona has allowed the submission of his SALNs to the impeachment court. "[The Chief Justice] has already authorized the release of the SALNs and he left it to his lawyers when to actually allow it to be released. There's really no big issue about it," Marquez said.  "Just for the assurance of the clerk of court, I was just summoned by the chief justice... and he told me she has nothing to worry about as far as the Chief Justice is concerned," he added. Likewise, Marquez said the fact that Vidal brought along the subpoenaed documents with her shows "there is every intention to comply with the subpoena of the impeachment court." He said Vidal is expected to submit a manifestation of what happened at the day's hearing to the SC en banc next Tuesday so that the justices can come out with a resolution regarding the issue. At a separate press briefing by the defense panel, lawyer Tranquil Salvador III said Corona is not bothered by the turnover of his SALN to the Senate impeachment court. “Wala naman akong kinakatakot dyan,” Salvador quoted Corona as saying. Ill-gotten wealth? Article II of the Articles of Impeachment accused Corona of nondisclosure of his SALNs. The chief justice is alleged to have amassed ill-gotten wealth since his appointment to the Supreme Court in 2002 — an accusation he has repeatedly denied. The prosecution, composed of members of the House of Representatives and private lawyers, said Corona allegedly owns 45 properties in Metro Manila, including posh condominium units in Taguig. The chief justice claimed ownership of only five of the 45 assets. At the start of Wednesday's session, chief prosecutor Iloilo Rep. Niel Tupas Jr. manifested that the House team will start with Article II of the Articles of Impeachment. They presented Vidal, who was asked to bring with her copies of Corona's SALNs from 2002 to 2011.   The Senate has also subpoenaed the registers of deeds and city assessors of Quezon City, Marikina City, Makati City, Taguig City, Pasay City, and Paranaque City.   The House prosecution team asked the Senate to ask these government employees to bring with them documents related to the properties supposedly obtained by the chief justice and his family. What happened When Vidal initially refused to hand over Corona’s SALN to the Senate impeachment court, prosecution counsel Mario Bautista asked her whether she considered the subpoena a request.   "It's an order for me to produce the SALN but then it partakes of a request of the SALN.  I do not have any discretion to decide for myself, being guided by this resolution of the court," answered Vidal.   But Bautista asked her whether their subpoena request would fall under those “not made in good faith and for a legitimate purpose, but to fish for information and... to influence a decision or to warn the court of the unpleasant consequences of an adverse judgment," as specified in the 1989 resolution.   Vidal said it was “not within her competence” to answer the question.   At one point, Enrile said Bautista should qualify Vidal as a "hostile witness" before asking her such questions. The private prosecutor had been reprimanded by Enrile for asking questions that would imply Vidal's closeness to Corona, or question the authenticity of the SALNs being kept at her office.   "Until you can establish [the witness] as hostile, you have no right to cross-examine her," Enrile said.   Under the Court's Revised Rules of Evidence, "a witness may be considered as unwilling or hostile only if so declared by the court upon adequate showing of his adverse interest, unjustified reluctance to testify, or his having misled the party into calling him to the witness stand."   Agreeing with Enrile, Bautista proceeded to ask Vidal about how her office processes SALN requests. Vidal replied that they receive the requests and place them on the agenda of the court for approval.   Bautista's last question was whether Vidal met with any of the justices before her appearance at the impeachment court, to which she answered no.   Senator-judges weigh in   The impeachment court was about to dispose of Vidal as a witness when Sen. Franklin Drilon asked her whether she would have given them the SALNs if the SC had disapproved the request.   Vidal initially said she would follow the resolution of the SC, but added that she would follow the impeachment court if she is required to produce the records.   "I will follow, I just gave it to them for information and authorization, which I believe they will also grant.  If the impeachment court requires me to do so, I will do so," she said.   More senators began to insist that she turn over the document after she admitted that she actually brought the SALNs to the Senate, even without permission from the SC.   "We did not subpoena the SC, we subpoenaed you to produce the SALN," said Enrile.   Senators Alan Peter Cayetano, Francis Pangilinan, Francis Escudero, and Edgardo Angara shared Enrile's sentiment.   "The resolution deals with requests. This is not a request. This is an order under Section 5 of the rules of the impeachment court and these rules are promulgated under the Constitution of the Republic of the Philippines," said Cayetano.   Section V of the rules of impeachment states: " The Senate shall have power to compel the attendance of witnesses, to enforce obedience to its orders, mandates, writs, and judgments, to preserve order, and to punish in a summary way contempts of, and disobedience to, its authority, orders, mandates, writs, or judgments, and to make all lawful orders, rules, and regulations which it may deem essential or conducive to the ends of justice. And the Sergeant-at-Arms of the Senate, under the direction of the President of the Senate, may employ such aid and assistance as may be necessary to enforce, execute, and carry into effect the lawful orders, mandates, and writs of the Senate."   Pangilinan noted, "If she seeks authorization then it undermines and diminishes the power of the impeachment court."   Senate President Pro Tempore Jinggoy Estrada cited Corona's previous public speeches in appealing to Vidal to surrender the documents. "Kung talagang walang tinatago ang inyong boss, ang ating Punong Mahistrado, baka po puwede niyo na pong ibigay sa amin yan?" he said.   Sen. Aquilino Pimentel III assured Vidal that the "SC is composed of reasonable people" so she has "nothing to worry about."   Vidal, however, pleaded for more time to ask permission from the SC for the release of the SALNs.   "I am in quandary.  I am in a dilemma because we're covered by the rules of the SC and of this honorable court...the SC also has its rules...which I must follow," she said.   Senate vs SC   Sen. Joker Arroyo warned that the matter could create a "crisis" between the SC and the Senate sitting as the impeachment court. "What the witness is just asking for is time.  Since she's only the custodian, please, one day might preserve the peace," he said.   Sen. Panfilo Lacson moved that they put the matter into a vote, but Enrile ruled that the senator-judges compel Vidal to submit the documents, citing their function as an impeachment court.   "Each branch of the government must respect the prerogative of the other branch. We have taken an oath to perform a different task, that is to judge, try, and decide [CJ Corona]," he said. — with Rouchelle Dinglasan/KBK/RSJ/YA, GMA News