Fake documents...?

The storm brewing in the horizon is about the attachments on the prosecutors’ pleading for subpoena of CJ Corona’s bank accounts in PS Bank. The attachments were originally alleged to have been given to Rep. Umali by a ‘small lady’ during the trial. The said attachments were crucial to the issuance of the subpoena, because the Presiding Officer, Senate President Enrile or JPE, would never allow the violation of the banking secrecy law without specifics. In short, it means that NO specifics on the bank accounts, NO subpoena may be issued of the requested documents.   As it turns out there has never been any ‘small lady’ outside the imagination of the House prosecutors. Thus the attachments are either ‘fake’ or ‘illegally obtained’ through leaks from the said bank, in this case, the PS Bank. If the alleged ‘copy’ of CJ Corona’s bank accounts at PS Bank turns out to be a forgery, then the prosecutors would be guilty of using forged or fake documents to obtain the necessary subpoena from JPE who otherwise would never issue one for the purpose of prying into private bank accounts simply on the basis of suspicion. The PS Bank Katipunan branch manager claims that the documents are FAKE!   If the said attachments are NOT fake but true copies of CJ Corona’s account, then there is an illegal leak and all hands are pointing to the very same branch manager of the PS Bank in Katipunan. If the said leak is perpetrated by the bank itself, then the illegal leak violates not only the bank secrecy law but it also erodes the trust of the depositors in the said bank itself. Henceforth, the depositors would be wary, to say the least, of the banking institution’s taking the initiative to leak private bank accounts.   There are two ways that I look at this whole controversy. The first is the principle that "the end never justifies the means." Whatever good intention or good end the prosecutors or the banking institution may contemplate, in the end, NO ONE, including any courts, not even the Impeachment Court, is allowed to use illegal means either through forgery or illegally obtained documents to gain access to anyone’s private bank accounts without the court’s (either regular or an impeachment court) order. The order is based on facts and specific evidences that are legally obtained or researched.   The second principle is based on the legal and commonly accepted principle that "a poison tree produces poison fruits." Thus, anything that is based on illegal act is WRONG both on the MORAL ground as well as the LEGAL one. Any product of said illegal act is also immoral and illegal and it cannot be used in any court or investigative body without violating not only the existing law but also the constitutionally enshrined Bill of Rights.   Moreover, there is a clear "LIABILITY NOT DUTY" (paraphrasing Sen. Miriam Santiago) for the commission of said forgery or using clearly illegally obtained documents for the purpose of getting a subpoena order from a presiding officer of the Impeachment body. In common parlance, this is a clear FELONY. An ordinary mortal goes to jail for the commission of felony. Would this hold for the House prosecutors? In fact, if this is proven to be a real and intentional felony, the members of the prosecution should not only be disbarred from the practice of law but also removed from the House by the House Ethics Committee. Failure to do so would be tantamount to two separate applications of law – one for the ordinary mortals and another for the members of the House.   I am happy that Sen. JPE takes full responsibility for the matter at bar. The impeachment body would seriously investigate the forgery as alleged, or if they turn out to be true copies of the originals, then the manner the whole thing ended into the hands of the prosecutors. The decision to quash all the fruits of said ‘poison tree’ would depend once the subpoena is also quashed on the basis either of forgery or illegal act.   This early, there are three things we need to always be on guard... The first is to be wary always of anyone, including the State, of violating our Bill of Rights. Second is to be wary of anybody or anyone regardless of stature who would encourage you to violate the law and commit illegal acts for a good purpose or good reason. And third, by our judicial system (until it is changed), anyone accused of a crime is presumed innocent until proven otherwise by clear and legally obtained evidences (either beyond reasonable doubt or preponderance of evidence or convincing evidence). Beware of any felon who acts in the guise of doing good! CUIDATE!