Prosecution insists: Documents ‘authentic’

Wednesday, February 15, 2012

MANILA -- Prosecutors insisted Wednesday that the documents attached to their request to subpoena Chief Justice Renato Corona’s dollar accounts were authentic, adding the bank representatives were “very evasive” in answering questions on the authenticity of such records.

The prosecution panel submitted to the Senate impeachment court Wednesday its written explanation on the authenticity of the bank documents attached to its subpoena, after PSBank bank officials told the court that the documents seemed “fake”.

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In its explanation, the prosecution cited the testimony of Philippine Savings Bank (PSBank) president Pascual Garcia III, who “never declared that Annexes A to A-4 were outright false documents or not documents of the bank but merely mentioned that there were ‘discrepancies’ or ‘differences’ when compared to the originals.”

“Even the defense effectively admitted the existence of the dollar accounts by undertaking to open them in due time,” said lead House prosecutor Representative Niel Tupas.

With the confirmation, the prosecution in its 13-page explanation said that to resolve the issue and arrive at the truth, the due time to present the document at issue is now.

Senate President Juan Ponce Enrile said, however, that another PSBank official, Katipunan branch manager Annabelle Tiongson, told the court under oath that the bank documents pertaining to Corona’s bank records were fake.

The Senate impeachment court decided to tackle in a caucus on Monday the prosecution’s explanation regarding the “leaked” bank documents.

Compliance (Re PS Bank Documents) v.2 With Correction

In Wednesday's trial, Garcia and Tiongson again testified before the impeachment court on the bank documents handed to a prosecutor by a "small lady".

The PSBank representatives were again being "very evasive" in answering clarificatory questions in the ongoing impeachment trial of Corona, the prosecution said.

Garcia said he has not seen Annex-A of the prosecution's supplementary request for subpoena on the PSBank Katipunan branch manager. The said annex referred to contains the leaked document provided to the prosecution.

But Representatives Lorenzo Tañada III, Romero Frederico Quimbo and Juan Edgardo Angara denied Garcia's claim that he was not provided a copy of the documents in question.

"The chair is asking you a specific question, do you have Annex A in your record?" Enrile asked to which Garcia replied: "This is just being shown to me now."

"The PSBank president has also seen the document contrary to what he claimed. He was provided with a copy so he could examine. It's not true that he saw it for the first time today," Quimbo said.

Quimbo added that if the PSBank president saw early on the discrepancies in the original document, which is to be brought Thursday by the witness, with the copy provided by the prosecution, he could have easily notified the court of such differences.

"The witnesses from PSBank were very evasive. They had to consult with their counsels even if they themselves could answer the questions," Quimbo said.

Both Garcia and Tiongson said the documents obtained by the prosecution were fake.

Under questioning and threat of being held for contempt, Garcia said there were "dissimilarities".

Among those differences were highlighting, underlining, and some signatures that are on the original document and were not on the photocopies.

"The date is also unclear," Garcia said, adding the photocopies had notations but not the original.

PSBank lawyer Regis Puno also told the court that the bank's position is that the photocopies are spurious.

Enrile then raised his voice and asked in Filipino: "Fake? Fake? Not genuine? These are 'inventions'?"

Puno replied: "Yes, your honor. These are fake."

To resolve the authenticity of the bank documents in question, the PSBank officers have been directed by the impeachment court to bring its logbook of people who have accessed a vault where bank records are kept.

Enrile told Garcia to bring the opening documents even though they were also used for Corona's dollar accounts.

But Puno said discussing the signature card used for both peso and dollar accounts would violate the temporary restraining order issued by Supreme Court against public disclosure of Corona's foreign currency accounts.

Enrile then reminded the prosecution and the defense, as well as the senator-judges, that they could discuss the peso deposits but not the foreign currency deposits of Corona.

“The chair will authorize the identification of the signatures opposite to local currency accounts but in order to comply with the temporary restraining order dealing with foreign currency accounts, the witness is allowed to cover the signatures opposite to foreign currency accounts,” Enrile said.

Enrile explained the court has been trying to determine the credibility of the bank officers. Seeing the original documents would lay to rest the speculation on the documents' authenticity.

He said if the documents turn out to be fake, the court will determine whether the falsifications are enough to throw out the bank records as evidence.

He added the prosecution may also be held liable for submitting fake documents to the court.

Earlier in the trial, Enrile said the court cannot be held responsible for the photocopies. He said it was assumed that the prosecution verified the document before attaching them to their request for a subpoena.

The prosecution, in its Supplementary Request for Subpoena, told the court that the documents were from an anonymous source and that it could not vouch for the authenticity of the photocopies.

Despite doubts on the documents’ provenance and authenticity, the prosecution said Corona's bank records should still be admitted as evidence.

"Questions of admissibility are premature at this point because the prosecution has not yet made a formal offer of documentary evidence," the panel said.

The compliance was signed by Representatives Umali, Joseph Emilio Abaya (Cavite), and Tupas Jr. (Iloilo). (With PNA/Sunnex)