By “After the deliberation of the issue, the majority members of this court decided to respect the TRO. But the Senate reserves the right to vigorously defend before the SC the issuance of subpoenas on foreign currency accounts,” said Senate President Juan Ponce Enrile, reading the Senate’s resolution as discussed in a caucus before Monday's trial.
Voting in favor of obeying SC's TRO were Senators Joker Arroyo, Miriam Defensor Santiago, Manuel Villar, Ralph Recto, Francis Escudero, Koko Pimentel, Loren Legarda, Gregorio Honasan, Bong Revilla, Ferdinand "Bongbong" Marcos, Vicente "Tito" Sotto, Jinggoy Estrada and Enrile.
While those who voted against adhering to the TRO were Senators Franklin Drilon, Alan Peter Cayetano, Sergio Osmena, Edgardo Angara, Panfilo Lacson, Pia Cayetano, Kiko Pangilinan, Antonio Trillanes and Lito Lapid.
Senators defend decision
Trillanes said the Senate, in its decision to uphold the TRO, “missed the opportunity to seek the moral high ground.”
“As a former soldier, I was taught not to obey unlawful orders. The Senate should not allow any policy that will provide sanctuary to alleged law breakers,” Trillanes said.
The Cayetanos likewise questioned SC's authority over the impeachment proceedings.
“We have to tell the Supreme Court: Hindi niyo sakop ito,” Alan Peter said.
“Obedience to the TRO preserves governmental stability, while disobedience precipitates a constitutional crisis. If we have a choice between stability and crisis, the wiser choice is always national stability,” Santiago said in a letter to Sotto.
“When the impeachment court obeys the Supreme Court TRO, this does not mean that one is superior over the other. It merely means that the Constitution is supreme over all branches and agencies of the government,” Santiago added.
The SC on Feb. 9 granted Philippine Savings Bank's petition to stop the impeachment court from compelling them to present Corona’s dollar accounts as evidence for the prosecution, taking into account the law on foreign accounts.
The law on secrecy of foreign currency deposits describes the secrecy to be “absolute,” except only when the depositor consents.
PSBank President Pascual Garcia earlier told the senator-judges that he will not bring the five subpoenaed dollar accounts without the consent of the chief justice.
He further invoked the Foreign Currency Act which he said may expose the bank to criminal liability if they comply with the Senate subpoena.
Meanwhile, the Corona camp revealed on Sunday that they received information that Executive Secretary Paquito Ochoa, acting in behalf of President Benigno Aquino III, allegedly contacted and offered senator-judges P100 million worth of earmarked projects each if they would vote to defy SC’s TRO.
The defense, however, cited attorney-client privilege in refusing to identify their “credible” source who claimed of bribery attempt to senator-judges.
Ochoa denied the accusations saying that the defense is resorting to a “desperate gimmick.”#
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Do you think it is right for the impeachment court to adhere to the Supreme Court's TRO?
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