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May 22 Senate impeachment court record

May 22 Senate impeachment court record

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Published by VERA Files
May 22 Senate impeachment court record
May 22 Senate impeachment court record

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Published by: VERA Files on May 24, 2012
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05/24/2012

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TUESDAY, MAY 22, 2012
1
AT 2:01 P.M., THE PRESIDING OFFICER, SENATE PRESIDENT JUAN PONCE ENRILE,CALLED THE IMPEACHMENT TRIAL OF SUPREME COURT CHIEF JUSTICE RENATO C.CORONA TO ORDER.
The Presiding Officer.
The continuation of the Impeachment Trial of the Hon. Chief Justice of the Supreme Court Renato C. Corona is hereby called to order.We shall be led in prayer by the distinguished Senator from Batangas, Sen. Ralph G. Recto.
Senator Recto.
We seek Your blessing, O Lord, so today we will only hear the facts not the fable, thetruth not the trickery, the authentic not the alibis.We ask You, Heavenly Father, to enlighten those who will speak here today so they willimpress us with their honesty and not indulge us with their evasion, gain our respect with theircandor and not lose it through their excuses, clarify our doubts instead of adding to ourconfusion.We beseech You, Dear God, to guide those who sit in judgment today so we will becurious without being caustic, be inquisitive without being insulting, be probing without beinghurtful.We plead to You, our Master, to grant the bigger jury out there the wisdom so they willbe able to witness the proceedings with kindness in their hearts and fairness on their minds,to erase their biases and embrace a thought that judgment should be put on halt until theaccused has been heard, to know the important from the immaterial, to discern the substantialfrom the subterfuge.Guide us as we search for the truth and when with Your Grace we find it, then be assuredthat the truth shall not make us mad, the truth shall not make us miserable, and that the truthshall set us free.Amen.
Republic of the Philippines
Senate
Record of the Senate
Sitting As An Impeachment Court
Tuesday, May 22, 2012
Pasay City 
 
2
TUESDAY, MAY 22, 2012
ROLL CALLThe Presiding Officer.
The Secretary now please call the roll.The Secretary,
reading:
Senator Edgardo J. Angara...............................................................PresentSenator Joker P. Arroyo...................................................................PresentSenator Alan Peter “Compañero” S. Cayetano.................................PresentSenator Pia S. Cayetano...................................................................PresentSenator Miriam Defensor Santiago....................................................PresentSenator Franklin M. Drilon................................................................PresentSenator Jinggoy Ejercito Estrada.......................................................PresentSenator Francis G. Escudero.............................................................PresentSenator Teofisto L. Guingona III.......................................................PresentSenator Gregorio B. Honasan II........................................................PresentSenator Panfilo M. Lacson................................................................PresentSenator Manuel “Lito” M. Lapid.......................................................PresentSenator Loren Legarda......................................................................PresentSenator Ferdinand “Bongbong” R. Marcos Jr..................................PresentSenator Sergio R. Osmeña III...........................................................PresentSenator Francis N. Pangilinan............................................................PresentSenator Aquilino L. Pimentel III........................................................PresentSenator Ralph G. Recto....................................................................PresentSenator Ramon “Bong” Revilla Jr......................................................PresentSenator Vicente C. Sotto III.............................................................PresentSenator Antonio “Sonny” F. Trillanes IV...........................................PresentSenator Manny Villar.........................................................................PresentThe President.....................................................................................Present
The Presiding Officer.
With 23 Senator-Judges present, the Presiding Officer declares thepresence of a quorum.The Floor Leader.
Senator Sotto.
Mr. President, may I ask the Sergeant-at-Arms to make the proclamation.
The Presiding Officer.
The Sergeant-at-Arms is directed to make the proclamation.
The Sergeant-at-Arms.
All persons are commanded to keep silent under pain of penalty whilethe Senate is sitting in trial on the Articles of Impeachment against Chief Justice Renato C. Corona.
The Presiding Officer.
The Floor Leader.
Senator Sotto.
Mr. President, I move that we dispense with the reading of the May 16, 2012
 Journal
of the Senate sitting as an Impeachment Court and consider it approved.
The Presiding Officer.
Is there any objection?
[Silence]
There being none, the May 16, 2012
 Journal
of the Senate sitting as an Impeachment Court is hereby approved.The Secretary will now please call the case before the Senate sitting as an Impeachment Court.
The Clerk of Court.
Case No. 002-2011, In the Matter of the Impeachment of Hon. Chief Justice Renato C. Corona.
 
TUESDAY, MAY 22, 2012
3
The Presiding Officer
. The Floor Leader is recognized.
Senator Sotto.
May we ask the parties and/or their respective Counsel to enter their appearancesfor the Prosecution and the Defense.
Representative Tupas
. Good afternoon, Mr. Senate President, and honorable Members of theSenate. On the part of the House of Representatives, Prosecution panel, same appearance. We areready, Your Honor.
The Presiding Officer
. Noted. Defense.
Mr. Cuevas
. For the Defense, Your Honor, we have the same appearance, and we are ready,Your Honor.
The Presiding Officer
. Noted. The Floor Leader is recognized.
Senator Sotto
. Mr. President, before we proceed to the business of the day, last week, inconnection with the testimony of Ombudsman Conchita Carpio-Morales, some Members of the Courthave requested to subpoena the managers of the banks concerned as well as certain bank documentsmentioned by the Ombudsman in the course of her testimony. I move that the Presiding Officer ruleon the request, Mr. President.
The Presiding Officer
. Thank you. The Chair is well-aware of the validity and importance of the motions made. In that connection, however, I would like to remind all of us Members of the Senate,sitting here to perform a function to judge the Respondent, that we are not conducting this inquiry inaid of legislation.We are here as hearers of facts. And in the course of our trial and judgment, we will interpret thelaw according to our best light. We are receivers of the evidence from the Prosecution and the Defense.We are not an inquisitorial court and so, therefore, with that in mind, this Court cannot issue thesubpoena suggested to make the appearance here of certain persons to act as witnesses.The Rules of Procedure suggests that this is an adversarial proceeding although run by therepresentatives of the people. And so, therefore, we must define who, for whom will the witnesses whowill appear here will stand as witnesses. Are they going to stand as witnesses for the Prosecution? Arethey going to stand as witnesses for the Defense? Are we authorized as hearers of fact and receiversof evidence to call anyone we want to testify here to enlighten us on certain factual issues?Having these in mind, this Chair has decided to resolve to respectfully deny the motions to call forthis Senate sitting as an Impeachment Court to call witnesses
motu proprio
to testify in this proceeding.So ordered.
Senator Sotto.
Mr. President.
The Presiding Officer
. The Floor Leader is recognized.
Senator Sotto
. Mr. President, pursuant to the May 16, 2012 Order of the Court for Mr. HarveyKeh to submit a written explanation within 48 hours why he should not be cited for contempt,Mr. Keh filed with the Court his compliance on May 18, 2012, expressing his apology and prayingthat he not be cited in contempt. I move that the Presiding Officer rule on the matter.
The Presiding Officer
. Well, during our trials of this case last week, Mr. Harvey Keh appearedhere as a witness for the Defense, and this Chair, because of certain previous incident, asked him

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