'No 'fruit of poisonous tree' principle in impeach trials'

Friday, February 10, 2012

PROSECUTORS in the impeachment trial of Chief Justice Renato Corona believe the Senate tribunal will consider as evidence Corona's bank records despite the "fruit of the poisonous tree" principle argued by the defense.

The defense panel said the copies of bank documents handed to prosecutor Reynaldo Umali by a "small lady" cannot be admissible in court because it was obtained illegally.

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Prosecution spokesperson Juan Edgardo "Sonny" Angara, however, cited a 2006 SC ruling on the case of Ejercito vs Sandiganbayan where it ruled that the fruit of the poisonous tree doctrine does not apply to bank secrecy laws.

In the said SC decision, it is stated that: "The 'fruit of the poisonous tree' principle, which states that once the primary source (the 'tree') is shown to have been unlawfully obtained, any secondary or derivative evidence (the 'fruit') derived from it is also inadmissible, does not apply in this case. In the first place, RA 1405 does not provide for the application of this rule."

Republic Act 1405 is the Bank Secrecy Law, which prohibits any disclosure on bank deposits except "upon written permission of the depositor, or in cases of impeachment, or upon order of a competent court in cases of bribery or dereliction of duty of public officials, or in cases where the money deposited or invested is the subject matter of the litigation".

"The source may face punishment but that does not mean that the evidence cannot be presented in court," Angara said.

Senate President Juan Ponce Enrile, the presiding officer in the impeachment court, said during Thursday's trial that the Bangko Sentral ng Pilipinas (BSP) is already conducting its investigation on the alleged leakage of documents pertaining to Corona's PSBank accounts.

To recall, prosecutor Umali said that a "small lady" gave him the documents last week, Thursday, and it was likely handed to him inside the Senate. He said he thought the envelope only contained a solicitation letter which congressmen usually receive.

Further describing the small lady, Umali said she was "definitely very ordinary-looking."

"Quite frankly, I am part of the prosecution. This is something we need and I was simply too glad to receive it. This will pave the way for us to know the truth," he earlier said in an ambush interview.

The House minority meanwhile is planning to file a resolution addressing PSBank and the Bank of the Philippine Islands (BPI) to investigate the supposed leak of documents. The prosecution had requested to subpoena officials of the two banks.

Zambales Representative Mitos Magsaysay said appropriate actions should be taken if the documents came from the banks' employees. "They should be fired because the bank's credibility is now put in question," she said.

Spokesperson Romero Frederico "Miro" Quimbo said the prosecution team welcomes any investigation as far as the discovery of the bank documents is concerned. (Kathrina Alvarez/Sunnex)