REPUBLIC OF THE PHILIPPINES

CONGRESS OF THE PHILIPPINES

SENATE
SIDING AS THE IMPEACHMENT COURT
IN THE MADER OF THE
IMPEACHMENT OF RENATO C.
CORONA AS CHIEF JUSTICE OF THE
SUPREME COURT OF THE
PHILIPPINES,

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'12 FEB -2 P 2 :sO
CASE NO. 002-2011
REPRESENTATIVES NIH C. TUPAS,
JR., JOSEPH EMILIO A. ABAYA,
LORENZO R. TANADA, III,
REYNALDO V. UMAlI, ARLENE J.
BAG-AO (other complainants
comprising one third (1/3) of the
total Members of the House of
Representatives as are indicated
below.)
x -------------------------------------------------------------------------------------------------------- x
REPLY
(To The Opposition to the Request for Issuance of Subpoenae)
The HOUSE OF REPRESENTATIVES, through its PROSECUTORS, respectfully
submits the instant Comment on the Opposition to the Request for Issuance of
Subpoenae and respectfully states:
1. On 31 January 2012, the Prosecutors filed a Request for Subpoenae to the
Bank of the Philippine Islands (BPI) requesting the said bank to produce documents
relating to the bank accounts of Renato C. Corona. However, due to inadvertence, the
account number was indicated as 1443-8030-61 instead of 1445-8030-61. Thus, on 01
February 2012, the Prosecutors filed a Manifestation correcting the said error and
attaching Bank of the Philippine Islands Check Nos. 0179713 and 0179712 issued to Fort
Bonifacio Development Corporation as payment for the acquired property of
respondent in Bonifacio Ridge which he failed to truthfully and honestly declare in his
Statement of Assets, Liabilities, and Net Worth (SALN).l
2. Likewise, on 31 January 2012, the Prosecutors filed a Request for
Subpoena to the PS Bank requesting the said bank to produce documents relating to the
bank accounts of Renato C. Corona. He won Php 1 Million in the PSBank Monthly
Millions Raffle Promo as listed in the Official List of Winners as of March 13, 2008.
2
3. On 1 February 2012, the Defense filed an Opposition to the Request for
Subpoenae to the BPI alleging that the bank account number did not correspond to
Exhibit VVV and VVV_1.3 Further, the Opposition stated that the testimony of the
person named in the request and the documents relating to the bank accounts were
1 Bank of the Philippine Islands Check Nos. 0179713 and 0179712 issued to Fort Bonifacio Development
Corporation were also previously marked as Exhibits VVV and VVV-l.
2 The Official List of Winners as of March 3, 2008 was attached to the 31 January 2012 Request for Subpoena and is
available at http:((psbank.com.ph(psbank(globaI!UserFiles(File(MM%20Mar%20Raffle%20Winners CORP.pdf
(last accessed 31 January 2012).
3 This was already corrected by the Manifestation filed by the Prosecutors on 01 February 2012 indicating the
correct bank account number as 1445-8030-61 attaching therewith Marked Exhibits VVV and VVV-1 which were
already part of the records of the case.
being introduced to prove the allegations in paragraph 2.4 of the Impeachment
Complaint and as such, were irrelevant and immaterial.
4. On 1 February 2012, the Defense also filed an Opposition to the Request
for Subpoenae to the PSBank stating that the requested documents were not pre-
marked and have not been mentioned in the proceeding, that the request was a fishing
expedition for evidence that is obviously irrelevant and immaterial and raising the same
argument that the testimony and documents requested were being introduced to prove
the allegations in paragraph 2.4 of the Impeachment Complaint and as such, were
irrelevant and immaterial.
5. Respondent's argument that the bank accounts were irrelevant,
immaterial and are being intended by the Prosecutors to prove the allegations
contained in paragraph 2.4 has no basis.
6. It bears emphasis that paragraph 2.2 of the Impeachment Complaint
charges respondent with failure to disclose to the public his SALN. Further, paragraph
2.3 of the Impeachment Complaint charges the respondent with failure to include some
properties in his declaration of assets, liabilities, and net worth in violation of the anti-
graft and corrupt practices act.
7. The gravamen of the charges in paragraphs 2.2 and 2.3 goes far beyond a
mere failure on the part of Corona to mechanically file or disclose his SALN. His duty to
disclose his SALN to the public necessarily implies a duty to be truthful. honest. and
accurate in the sworn contents thereof (this is why the law requires the SALN to be
under oath). Corona's disclosure of a false. dishonest. and incomplete SALN is as much
a betrayal of public trust as his failure to disclose his SALN. Simply put, the "disclosure"
contemplated by law is disclosure of a SALN that is true. honest and accurate.
Anything less would be a useless. futile exercise; make a mockery of the SALN
requirement; and be tantamount to a culpable violation of the constitution and betrayal
of the public trust.
8. The bank accounts of the respondent are considered as personal
properties which are required to be properly and truthfully declared in the SALN. To be
more specific, his SALN for the years 2002 to 2010 show that he declared as personal
properties in the form of cash and investments the following amounts:
Php2,700,000.00,
Php2,500,000.00,
Php3,300,000.00,
Php2,500,000.00,
Php3,300,000.00,
Php2,500,000.00,
Php3,300,000.00,
Php2,500,000.00,
Php3,500,000.00, respectively. As Chief Magistrate, his bank accounts, including his
accounts in BPI and PSBank which the Prosecutors have requested to be issued
5ubpoenae, must be shown to have been correctly reflected in his SALN and are
therefore relevant and material to Article II.
9. There is likewise no basis to state that the Requests were fishing
expeditions. Both requests for subpoenae pertain to specific bank accounts. To
emphasize, Bank Account Number 1445-8030-61 was made known to the Prosecutors
by virtue of Exhibits VVV and VVV-1 which were already part of the records of the case.
As regards the PSBank account, the same appears in the website of PSBank itself
indicating that respondent indeed has an account with the said bank.
9.11n fact, it was already on record that two BPI checks which were issued to pay
installments on the Bellagio unit (Exhibits CCCC and CCCC-1) were in the amounts
of P- 5,000,000.00 each, or ach check being double the amount of respondent's
disclosed cash in his SALN for 2009. It is but proper to verify this discrepancy and
find out whether that account had even more than the P- 10,000,000.00 in cash
used to pay for the said unit.
10. In fine, the inquiry in these bank accounts will bolster the allegation that
respondent failed to truthfully and honestly declare his properties in his SALN which is
the core allegation in Article II. It will show that respondent has violated the very spirit
and the letter of the SALN requirement. Such proof is, therefore, very material and
relevant.
PRAYER
WHEREFORE, premises considered, it is respectfully prayed that this Honorable
Court GRANT the request for subpoenae to Bank of the Philippine Islands and PS Bank.
Other just and equitable reliefs are likewise prayed for.
Pasay City, Manila. 02 February 2012.
By:
THE HOUSE OF REPRESENTATIVES
Republic of the Philippines
HOUSE OF REPRESENTATIVES
PROSECUTORS
/}7
Copy Furnished (By Personal Service):
Justice Serafin R. Cuevas (Ret.) et al.
Counsel for Respondent Chief Justice Renato Corona
Suite 1902 Security Bank Centre
6776 Ayala Avenue
Makati City, Philippines 1226