February 20, 2012 - The legal team defending the embattled Chief Justice Renato Corona in his impeachment case reiterated on Monday that the prosecution panel is misguided by claiming beforehand that the chief magistrate is deemed to have committed an impeachable offense with the surfacing of allegedly questionable bank deposits even as the discussion on Article Two of the impeachment trial lurches toward an expected conclusion this week.

Article Two is based on the alleged failure of Corona to properly or satisfactorily declare his assets.

Lawyer Judd Roy, one of Corona's lawyers, asserted that the defense is out to block the efforts of the prosecution team to force the presentation of Corona’s peso and foreign currency deposits in Philippine Savings Bank (PSBank) as evidence.

The defense team has already filed a memorandum refuting their admissibility as evidence based on principles of confidentiality.

Roy argued that bank accounts cannot be used in court even if PSBank Katipunan Quezon City branch manager Anabelle Tiongson voluntarily hands over the document. He pointed out that the information on the bank accounts is confidential in nature, citing the case of Zulueta versus the Court of Appeals where the High Court ruled that bank checks are inadmissible since they is protected by the person's right to privacy.

He further stressed that copies of the bank documents obtained by the prosecution panel were fake, as attested by the testimony of Tiongson.

Repeal Bank Secrecy Act

In a related development, Senate Majority Leader Vicente Sotto III said he wants to repeal the Bank Secrecy Law, now that it has become the vortex of arguments between the prosecution and defense lawyers on whether or not the Corona bank accounts can be submitted as evidence at the impeachment trial.

Sotto said that the Bank Secrecy Act might as well be lifted if it is to be perpetually disobeyed.

Meanwhile, Senate President Pro Tempore Jose "Jinggoy" Estrada Ejercito filed a bill last week seeking to amend the four-decade old Foreign Currency Deposit Act (FCDA). "The said law is being used as an excuse and as a refuge to hide alleged illegally acquired wealth of public officials and employees," Senator Estrada said.

Under Senate Bill 3120, Senator Estrada wants to include the "order of an impeachment court or any competent court on cases involving public officials charged with the violation of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act" as exception to the confidentiality clause of the law.

The FCDA declares that all foreign currency deposits are absolutely confidential except upon the written permission of the depositor.

The law also states that foreign currency deposits cannot be examined by any person or government official.

The measure is intended to cover all public officials, including those identified as impeachable officers.

CD/ACL / Reportage from Albert Alicer and Camille Elemia