100 Witness List
Transcript of 100 Witness List
-
8/3/2019 100 Witness List
1/45
REPUBLIC OF THE PHILIPPINESCONGRESS OF THE PHILIPPINES
SENATE
SITTING AS THE IMPEACHMENT COURT
IN THE MATTER OF THEIMPEACHMENT OFRENATO C. CORONA AS
CHIEF JUSTICE OF THESUPREME COURT OF THEPHILIPPINES,
REPRESENTATIVES NIELC. TUPAS, JR., JOSEPHEMILIO A. ABAYA,
LORENZO R. TAADA, III,REYNALDO V. UMALI,ARLENE J. BAG-AO (othercomplainants comprisingone third (1/3) of thetotal Members of theHouse of Representatives as areindicated below.)
CASE NO. 002-2011
x-------------------------------------------------------------------------------------------------------- x
COMPLIANCE
The HOUSE OF REPRESENTATIVES, through its PROSECUTORS,
respectfully submits the instant Compliance to the Order1 of the Honorable1 TSN, January 24, 2012, p. 7. The Order rendered by the Honorable Tribunal required bothparties to submit, within three (3) days, a written list of the names of the witnesses and thesubstance of their testimonies, as well as a list of the documentary exhibits.
-
8/3/2019 100 Witness List
2/45
Tribunal rendered on 24 January 2012 requiring the Prosecutors to submit a
list of witnesses and documentary evidence to be presented in the course of
the trial (in addition to those already presented thus far).2
ARTICLE I
List of Witnesses
1. Mr. Marianito Dimaandal, Head, Records Office, Office of
the President, Malacaang, Manila - He will identify CJ Coronas Service
Records with then Vice President and later President, Gloria Macapagal
Arroyo, and testify in relation thereto.
2. Atty. Enriqueta Vidal, Clerk of Court, Supreme Court She
will identify CJ Coronas Service Records as Associate Justice and later as
Chief Justice of the Supreme Court, and testify in relation thereto.
3. Prof. Harry Roque, Director, U.P. Law Center, Diliman,
Quezon City - He will testify as an expert witness on the voting record of
CJ Corona as a Member of the Supreme Court to prove his partiality and
subservience to former President Gloria M. Arroyo, both when she was
President and later after she ceased to be one.
4. Undersecretary Jose Luis C. Gascon, Malacaang, Manila
- He will testify as a Member of the 1986 Constitutional Commission that
drafted the present Constitution on the origin, backgroud and rationale for
the midnight appointments ban under Article VII, Sec. 15 of the Constitution
and on Betrayal of Public Trust as an impeachable offense under Article XI,
Sec. 2 of the Constitution.
5. Ms. Donna Z. Pazzibugan, Philippine Daily Inquirer, Chino
Roces Avenue corner Yague and Mascardo Streets, Makati City. - As
a Malacaang accredited reporter for the PDI, she will testify and prove that
during the oath-taking of CJ Corona in Malacaang Palace on May 17, 2010the public and even the accredited media were barred.
2 This list presumes that the defense will not be willing to stipulate on the documents subjectmatter of the witnesses testimonies.
2
-
8/3/2019 100 Witness List
3/45
6. Ms. Emma Rey, Executive Director, Congressional Library
Bureau, House of Representatives, Batasan Hills, Quezon City - She
will identify certain parts of the Records of the 1986 Constitutional
Commission and testify in relation thereto.
Documentary Evidence
A. With reference to the testimony of Mr. Marianito Dimaandal
1. Certified true copies of the Service Records of CJ Corona as Chief
of Staff and Spokesperson of then Vice President Gloria M.
Arroyo, and later as Chief of Staff and Spokesperson of thenPresident Gloria M. Arroyo as well as Acting Executive Secretary
of then President Gloria M. Arroyo.
B. With reference to the testimony of Atty. Enriqueta Vidal
1. Certified true copies of the Service Records of CJ Corona as
Associate Justice (April 9, 2002 to May 16, 2010) and as Chief
Justice (May 17, 2010 to present).
C. With reference to the testimony of Prof. Harry Roque
1. Chart/table showing the voting pattern of the respondent as a
Member of the Supreme Court.
D. With reference to the testimony of Undersecretary Jose Luis C. Gascon
1. Certified photocopies of portions of the Records of the
Constitutional Commission.
E. With reference to the testimony of Ms. Donna Z. Pazzibugan
1. PDI issue of May 18, 2010
F. With reference to the testimony of Ms. Emma Rey
1. Certified photocopies of portions of the Records of the
Constitutional Commission.
3
-
8/3/2019 100 Witness List
4/45
ARTICLE II
List of Witnesses
1. Register of Deeds of Makati City - He will testify on the
Condominium Certificate of Title and Deed of Absolute Sale pertaining to
condominium unit purchased by Renato C. Corona and Cristina R. Corona in
The Columns Ayala Avenue.
2. Mr. Giovanni Ng, Finance Director/representative of
Megaworld Corp. - He will testify on the purchase of Renato Corona and
Cristina Corona of a penthouse (with three parking slots) at The Bellagio
Condominium, and of a lot at McKinley Hill Village, as well as on the
circumstances and particulars of said sale transactions.
3. Mr. Aniceto Visnar, Jr., representative of Ayala Land - He
will testify on the purchase of Renato C. Corona and Cristina R. Corona of the
Bonifacio Ridge condominium unit.
4. Ms. Nerissa H. Josef, representative of CommunityInnovations, Inc. - She will testify on the purchase of Renato C. Corona and
Cristina R. Corona of The Columns condominium unit.
5. Mr. Greg Gregonia, representative of Burgundy Realty
Corporation - He will testify on the purchase of Renato C. Corona and
Cristina R. Corona of Burgundy Katipunan condominium unit.
6. Records Officer of John Hay Management Corp. - He/she
will testify on the SALN filed, if any, by Cristina R. Corona at the John Hay
Management Corp.
7. Representative of National Statistics Office (NSO) -
He/she will testify on the Certificate of Live Birth of Ma. Carla R. Corona-
Castillo and Ma. Charina R. Corona and the Marriage Certificate/Contract of
Ma. Carla R. Corona-Castillo and Constantino Castillo III.
8. Director, Corporate Registration and Monitoring Dept. of
SEC - He/she will testify on the SEC records of Basa-Guidote Enterprises, Inc.
4
-
8/3/2019 100 Witness List
5/45
9. Representative of Housing Land Use Regulatory Board -
He/she will testify on the records on file of the following projects: The
Bellagio, Bonifacio Ridge, Mckinley Hill and Burgundy Plaza Katipunan.
10. Bank Representatives of BPI, PNB and Land Bank - They
will testify on the existence, transactions and balances of the bank accounts
of Renato C. Corona and Cristina R. Corona.
11. Ms. Mary Eleonor A. Mendoza, Vice-President, Filinvest
Alabang, Inc. - She will testify on the execution of the Contract To Sell
Common Share between Filinvest Alabang, Inc. and Spouses Renato C.
Corona and Cristina R. Corona dated July 14, 2006 covering one (1) common
share of The Palms Country Club, Inc.
12. Ms. Ava Venus A. Mejia, Vice President - Finance,
Filinvest Alabang, Inc. - She will testify on the execution of the Deed of
Sale of Common Share between Filinvest Alabang, Inc. and Spouses Renato
C. Corona and Cristina R. Corona notarized on September 11, 2009 covering
one (1) common share of the The Palms Country Club, Inc.
13. Certified Fraud Examiner (CFE) - He/she will render expert
opinion on the true or correct Net Worth of Renato C. Corona and his
incapacity to acquire the properties registered under his name and that of
his wife and children based on his declared income.
Documentary Evidence
A. With reference to The Columns property to be testified to by TheRegister of Deeds of Makati City and Nerissa J. Josef
1. Condominium Certificate of Title No. 85716 in the name of
Cristina
R. Corona;
2. Deed of Absolute Sale between Community Innovations, Inc. and
Cristina R. Corona dated October 1, 2004;
3. Buyers Information Sheet;
5
-
8/3/2019 100 Witness List
6/45
4. Contract To Sell;
5. Various Official Receipts; and
6. Deed of Absolute Sale.
B. With reference to The Bellagio and McKinley property to betestified to by Giovanni Ng
1. Deeds of Absolute Sale pertaining to the purchase of The
Bellagio unit and Mckinley Hill lot;
2. Contract to Buy and Sell;
3. Request for Reservation and Offer to Purchase;
4. Various Official Receipts;
5. Deed of Assignment;
6. Letter-request dated September 8, 2004; and
7. Buyers Information Sheet.
C. With reference to the Bonifacio Ridge property to be testified toby Aniceto Visnar Jr.
1. Buyers Information Sheet;
2. Various Official Receipts;
3. Deed of Absolute Sale; and
4. Certificate Authorizing Registration and Documentary Stamp Tax
Declaration.
D. With reference to the Burgundy property to be testified to be Greg
Gregonia
1. Reservation Application;
2. Contract To Sell;
3. Statement of Account with Various Official Receipts;
4. Deed of Absolute Sale;
5. Acknowledgement of Unit Completion and Acceptance;
6
-
8/3/2019 100 Witness List
7/45
6. Agreement to Allot Parking Slot; and
7. Certificate Authorizing Registration.
E. With reference to the testimony of the Records Officer of John HayManagement Corp.
1. Statement of Assets, Liabilities and Net Worth of Cristina R.
Corona.
F. With reference to the testimony of the representative of the NationalStatistics Office
1. Certificate of Live Birth of Ma. Carla R. Corona-Castillo;
2. Certificate of Live Birth of Ma. Charina R. Corona ; and
3. Marriage Contract of Ma. Carla R. Corona-Castillo and
Constantino Castillo III.
G. With reference to Basa-Guidote Enterprises Inc. to be testified to bythe Director of the Corporate, Registration and Monitoring Departmentof the Securities and Exchange Commission
1. Articles of Incorporation
2. General Information Sheets (GIS)
3. Audited Financial Statements
4. Other documents
H. With reference to the testimony of the Representative of the HousingLand Use Regulatory Board
1. Records on file of The Bellagio;
2. Records on file of Bonifacio Ridge;
3. Records on file of Mckinley Hill; and
4. Records on file of Burgundy Plaza Katipunan.
I. With reference to the testimony of the representatives of BPI, PNB andLand Bank
1. Account Opening Forms completed by Renato C. Corona and
Cristina R. Corona; and
7
-
8/3/2019 100 Witness List
8/45
2. Monthly Bank Statements of Renato C. Corona and Cristina R.
Corona.
J. With reference to the sale of the one (1) common share of The PalmsCountry Club between Filinvest Alabang, Inc. and Sps. Renato C.Corona and Cristina R. Corona
1. Contract To Sell Common Share between Filinvest Alabang, Inc.
and Spouses Renato C. Corona and Cristina R. Corona dated July
14, 2006 covering one (1) common share of The Palms Country
Club, Inc.;
2. Deed of Sale of Common Share between Filinvest Alabang, Inc.
and Spouses Renato C. Corona and Cristina R. Corona notarized
on September 11, 2009 covering one (1) common share of the
The Palms Country Club, Inc.;
3. The Palms Country Club Class A Share No. 000891 in the name
of Filinvest Alabang, Inc.; and
4. The Palms Country Club Class A Share issued to Spouses
Renato C. Corona and Cristina R. Corona.
K. With reference to the testimony of the Certified Fraud Examinerpertaining to his opinion as to the truthfulness of the Net Worth ofRenato C. Corona and his incapacity to acquire the propertiesregistered in his name and his spouses that were also presentedbefore this Honorable Tribunal
1. Expert Opinion Report
ARTICLE III
List of Witnesses
1. Atty. Gorgonio B. Elarmo Jr. - He will identify and
authenticate the following: (a) the original and certified true copy of the
Authorization Letter dated 23 November 2010 authorizing Ms. MICHELLE M.
MANGUBAT to hold a cash advance in the amount of P100,000.00 to be used
8
-
8/3/2019 100 Witness List
9/45
-
8/3/2019 100 Witness List
10/45
of John Hay Management Corporation - He/she will provide a short
corporate background of JHMC and the election of Mrs. Cristina Corona as
President and Chair of JHMC. She will also produce the subpoenaed
documents such as the Minutes of the Board Meeting held on April 3, 2007
during which Mrs. Corona was elected Chair and President, and the letters of
Executive Secretary Eduardo Ermita to BCDA Chair Aloysius Santos with the
desire letters from President Gloria M. Arroyo.
7. Atty. Lyssa GS Pagano Calde (Former Vice President and
COO of JHMC) - She will testify to prove the abuses of Mrs. Corona and
her dismal performance as Chair and President of JHMC to prove that,
notwithstanding those abuses and dismal performance, Mrs. Corona wasuntouchable..
8. Retired Court of Appeals Justice Teodoro P. Regino - He
will testify to prove that the Board of Directors withdrew the election of Mrs.
Corona as Chairman and President and declared the positions vacant due to
irregularities/anomalies committed by Mrs. Corona. He will further testify and
prove that Former President Gloria M. Arroyo has ordered all members of the
Board to submit instead their resignations and he will testify regarding his
letter of resignation dated June 20, 2007.
9. COA Director Ma. Cristina Dizon-Dimagiba - She will testify
to show the questionable/irregular expenditures incurred by Mrs. Corona for
the year ending 2007 and to prove that, notwithstanding those irregularities,
Mrs. Corona was untouchable.
10. COA Director Rosemarie Lacson-Lerio - She will testify
to show the questionable/irregular expenditures incurred by Mrs. Corona
continued for the years 2008 and 2009 proving further that Mrs. Corona was
truly untouchable.
11. COA Supervising Auditor Atty. Arlyn M. Encarnacion - She
will testify to show that, after Mrs. Corona resigned on July 10, 2012, and a
new President took over, the questionable/irregular expenditures heretoforecommitted by Mrs. Corona stopped.
12. Secretary of Judicial Bar and Council - He/she will testify to
prove that during the interview of respondent by the JBC on April 21, 2010,
relative to his application for Chief Justice, Mrs. Coronas employment was
10
-
8/3/2019 100 Witness List
11/45
questioned. He/she will also testify on the other objections submitted
against the nomination/appointment of respondent as Associate Justice and
Chief Justice.
13. Mr. Frank Daytec3 (Former Operations Manager of JHMC) -
He will testify to prove that respondent and Mrs. Corona were complicit in
the misuse of funds owned by JHMC.
14. Mr. Lauro Vizconde - His testimony will show that CJ Corona
met with him and Mr. Dante Jimenez sometime in September 2010. During
said meeting, CJ divulged information regarding his pending case.
15. Mr. Dante Jimenez - His testimony will corroborate the
testimony of Mr. Vizconde that CJ Corona met with them in the latters
chamber sometime in September 2010. During said meeting, CJ divulged
information regarding Mr. Vizcondes case.
16. Professor Rosario Maria T. Juan-Bautista - She will testify on
what are the nature, scope and rationale behind the constitutional provision,
code of judicial conduct, and code of judicial ethics, which mandate that
justices and judges of courts must be of proven competence, integrity,
probity and independence. She will also testify on what are considered
violations of the constitution, code of judicial conduct, and code of judicial
ethics.
17. Mr. Roberto Anduiza, FASAP President - He will testify on
the status of FASAP case, and the two decisions in favor of FASAP. He will
also testify on the circumstances concerning the recall of the decision,
specially the failure to notify FASAP about Atty. Mendozas letters as well as
the circumstances concerning FASAPs letter-appeal to the Supreme Court
and the direct effect of the recall of the FASAP decision on the FASAP
members who are parties in the case.
18. Court Administrator Jose Midas Marquez - Statements that
he made to media regarding the recall of the FASAP decision as well as the
source/s of his information on the reasons for the recall of the decision.
3 Mr. Daytec filed a criminal case against Mrs. Corona and the Respondent; the casedocketed as Frank Daytec vs. Ma. Cristina Corona and Renato Corona, NPS Docket No. XVI-INV-11G-00247 is pending preliminary investigation at the DOJ.
11
-
8/3/2019 100 Witness List
12/45
19. Atty. Enriqueta Esguerra-Vidal, Clerk of Court of the SC -
She will testify on the circumstances of the transfer of the FASAP case from
one division to another. She will identify the Memorandum dated September
26, 2011, prepared by her office (through deputy Clerk of Court Felipa
Anama) explaining the transfer of the case from one division to another. She
will also testify as to the circumstances on the docketing of Atty. Estelito
Mendozas letters as an Administrative Matter (A.M.) case.
20. Felipa Anama, Deputy Clerk of Court of the Supreme
Court - corroborating Clerk of Court Vidals testimony, and specifically
explaining the Memorandum that she (Anama) prepared explaining the
transfer of the case from one division to another.
21. Associate Justices who were present in the October 4,
2011 en banc session (JJ. Perez, Peralta, Bersamin, Mendoza,
Sereno, Reyes, Abad, Villarama, Perlas-Bernabe) - They will testify
on the circumstances of the transfer of the FASAP case from one division to
another.
22. Bureau of Immigration representative He/she will
produce/testify on the travel records of respondent Corona in Philippine Airlines
(PAL), to show that he accepted special privileges from PAL management while
PAL cases are pending before the Supreme Court.
23. Representative employee of the Philippine Airlines (PAL)
He/she will testify on the travel dates of Renato and Cristina Corona via PAL and the
corresponding seats occupied.
24. Representative employee of the Supreme Court handling the
official travels of the Supreme Court Justices He/she will testify on (1) the
official travels of Renato and Cristina Corona via PAL; and (2) classes of tickets
purchased by the Supreme Court for these travels whether economy, business or
first class.
25. Representative of Prestige Travel Agency He/she will testify onthe official travels booked by the Supreme Court for Renato and Cristina Corona.
12
-
8/3/2019 100 Witness List
13/45
26. Representative of Securities and Exchange Commission (SEC)
He/she will produce/bring/testify on the SEC records of Prestige Travel Agency to
identify its incorporators, directors, stockholders, and officers.
Documentary Evidence
A. With reference to the testimony of Atty. Gorgonio B. Elarmo Jr
1. The original and certified true copy of the Authorization Letter
dated 23 November 2010 authorizing Ms. MICHELLE M.
MANGUBAT to hold a cash advance in the amount of
P100,000.00 to be used to purchase Christmas gifts of the ChiefJustice; and
2. All other requests, authorizations, approvals and such other
documents pertaining to cash advances given to Chief Justice
Renato C. Corona.
B. With reference to the testimony of Corazon G. Ferrer-Flores
1. The original and certified true copies of the MEMORANDUM FOR:
HON. RENATO C. CORONA dated July 16, 2010 on the Proposed
Augmentation of Gasoline Expense Allowance, and all other
memoranda for gas allowances given to the Chief Justice from
July 16, 2010 up to the present and such other pertinent
documents relating to the preparation, disbursement and
liquidation of this item; and
2. Pertinent documents such as but not limited to disbursement
vouchers on the gasoline allowances paid to Chief Justice Corona
covering the period from June 1, 2010 up to the present.
C. With reference to the testimony of the Authorized Officer of ShangrilaPlaza, EDSA
1. Official Receipt OR No: 102768 Date: 06/16/2011 As per
transaction # 60187 / 422 RECEIVED from Supreme Court in the
amount of P61,740.73 with attached Rustans Itemized List
13
-
8/3/2019 100 Witness List
14/45
consisting of nineteen (19) items;
2. The pertinent Bridal/Gift registry on the 60th Wedding
Anniversary of James and Julie Dy, and
3. Other pertinent documents pertaining to this transaction on file
with Rustans Office.
D. With reference to the testimony of the Owner/Manager Representativeof Design Exchange Incorporated
1. Design EXCHANGE Incorporated Sales Invoice No. 4874 dated
June 10, 2010 under the name c/o CRISTINA CORONA CJ
RENATO CORONA amounting to P20,400; and
2. Design EXCHANGE Incorporated Sales Invoice No. 4920 dated
June 29, 2010 under the name RENATO CORONA CRISTINA
CORONA amounting to P25,000.
E. With reference to the testimony of The Corporate Secretary orAssistant Corporate Secretary of JHMC
1. Original Minutes of the Board Meeting of JHMC held on April 3,
2007;
2. Original letter of Executive Secretary Eduardo Ermita dated
March 29, 2007;
3. Original desire letter of former President Gloria M. Arroyo dated
March 23, 2007, for the election of Mrs. Corona as Chairman and
President;
4. Original Letter of Executive Secretary Eduardo Ermita dated July
12, 2007;
5. Original desire letter of PGMA dated July 12, 2007, for election of
Mrs. Corona as OIC, Office of the Chairman;
14
-
8/3/2019 100 Witness List
15/45
6. Original letter of Executive Secretary Eduardo Ermita dated July
12, 2007;
7. Original desire letter of PGMA dated July 12, 2007, for election of
Mrs. Corona as Board Member and President.
F. With reference to the testimony of Atty. Lyssa GS Pagano Calde
1. Original Position Paper dated May 29, 2007; and
2. Original Position Paper dated June 4, 2007.
G. With reference to the testimony of Former CA Justice Teodoro P.
Regino
1. Original Resolution No. 2007-05-38;
2. Resignation Letter of Teodoro Regino dated June 20, 2007,
addressed to PGMA.
H. With reference to the testimonies of COA Dir. Ma. Cristina Dizon-Dimagiba, COA Dir. Rosemarie Lacson-Lerio, and COA SuprevisingAuditor Atty. Arlyn M. Encarnacion
1. Original Annual Audit Report of JHMC for the year ending
December 31, 2007;
2. Original Annual Audit Report of JHMC for the year ending
December 31, 2008;
3. Original Annual Audit Report of JHMC for the year ending
December 31, 2009; and
15
-
8/3/2019 100 Witness List
16/45
4. Original Annual Audit Report of JHMC for the year ending
December 31, 2010.
I. With reference to the testimony of the Secretary of the Judicial Bar
Council
1. Minutes of JBC Meeting held on April 21, 2010.
J. With reference to the testimony of Frank Daytec
1. BCC O.R. No. 279937 dated March 14, 2007;
2. BCC O.R. No. 348463 dated March 14, 2010;
3. Disbursement Voucher No. 2010-06-756; and
4. Complaint-Affidavit with Annexes.
K. With reference to the testimonies of Lauro Vizconde and Dante
Jimenez
1. Affidavit of Mr. Lauro Vizconde in compliance with the resolution
of the Supreme Court dated January 18, 2011, subscribed and
sworn to on 26 January 2011. This document will be presented to
show that pursuant to a SC resolution, Mr. Vizconde executed an
affidavit wherein he stated that CJ Corona met with him and
Dante Jimenez sometime in September 2010 and that CJ divulged
information regarding his pending case;
16
-
8/3/2019 100 Witness List
17/45
2. Affidavit of Mr. Dante Jimenez in compliance with the resolution
of the Supreme Court dated January 18, 2011, subscribed and
sworn to on 26 January 2011. This document will be presented to
corroborate the statements made in Mr. Vizcondes affidavit
stating that CJ Corona met with him and Lauro Vizconde
sometime in September 2010 and that CJ divulged information
regarding Mr. Vizcondes pending case;
3. Supreme Court logbook of visitors from September 1 to
September 30, 2010. This document will be presented to show
that Mr. Vizconde and Mr. Jimenez was in the Supreme Court for
a meeting with CJ Corona; and
4. Resolution of the Supreme Court dated 18 January 2011 directing
Mr. Lauro Vizconde and Mr. Dante Jimenez to explain and put on
record their explanation regarding remarks they publicly made
with respect to the meeting with Chief Justice Corona. Thisdocument will be presented to show that the affidavits of Mr.
Vizconde and Mr. Jimenez were executed pursuant to a SC
resolution.
L. With reference to the testimony of Roberto Anduiza
1. Pleadings, decisions, resolutions, notices issued by the Supreme
Court relevant to the FASAP case; and
2. Letters of FASAP and Atty. Estelito Mendoza.
M. With reference to the testimony of Atty. Enriqueta Vidal
1. Rollo/Records of FASAP case (G.R. 178083);
17
-
8/3/2019 100 Witness List
18/45
2. Memorandum dated September 26, 2011, prepared by her office
(through deputy Clerk of Court Felipa Anama) explaining the
transfer of the case from one division to another;
3. Logbook of the Raffle Committee showing records of the
assignment of the FASAP case;
4. Rollo/Records of A.M. No. 11-10-1-SC; and
5. Agenda and minutes of the en banc session on 4 October 2011.
N. With reference to the travel records of respondent Corona by PAL
1. Travel records/documents of Renato and Cristina Corona fromthe Bureau of Immigration, Philippine Airlines, and the Supreme
Court.
2. Travel bookings of Renato and Cristina Corona through Prestige
Travel Agency.
3. SEC records of Prestige Travel Agency to identify its incorporators,
directors, stockholders, and officers.
ARTICLE IV
List of Witnesses
1. Court Administrator Jose Midas Marquez - He will testify
on the statements that he made to media on the issuance of the Status Quo
Ante Order, especially on his allegation that the justices were given copies of
the Petition before the en banc session.
18
-
8/3/2019 100 Witness List
19/45
2. Felipa Anama, Deputy Clerk of Court, The Receiving
Officer, Receiving Section of Docket Division, Judicial Records Office,
An Officer of the Docket Division and An Officer of the Rollo Room
- They will testify on the process of receipt of petition, pleadings, raffle
and delivery to the justices and the actual receipt of the Petition in G.R. No.
193459 filed by Merceditas Gutierrez and the subsequent distribution of the
copies of the Petition.
3. Johnny Aquino, Process Server of the Supreme Court - He
will testify as to the date and time of delivery of Merceditas Gutierrez
Petition in G.R. No. 193459 to the Justices and other offices of the Supreme
Court, the process of delivery and the route taken and any action taken on
Rep. Farinas letter dated February 28, 2011, relative to G.R. No. 193459.
4. Antonio Altamia, Attendant, Supreme Court En Banc
Room - He will testify as to whether or not he saw copies of the Petition or
the Synopsis in the en banc room before the session at 10:00 a.m. on 14
September 2010. He will also testify on any action taken on Rep. Farinasletter dated February 28, 2011, relative to G.R. No. 193459.
5. Ombudsman Conchita Carpio Morales - She will testify
on the circumstances of the issuance of the Status Quo Ante Order in the
case docketed as G.R. No. 193459.
6. Associate Justices who were present at the en banc
session on September 14, 2010 (JJ. Carpio, Sereno, Peralta, Abad,
Bersamin, Villarama, Del Castillo, Perez, Velasco) - They will testify on
the circumstances of the issuance of the Status Quo Ante Order in the case
docketed as G.R. No. 193459.
7. Clerk of Court Atty. Enriqueta Vidal and Deputy Felipa
Anama - They will testify on the action taken on the letter of Rep. Rudy
Farinas dated February 28, 2011, relative to G.R. No. 193459 as well as the
Agenda of the Supreme Court in the March 15, 2011 en banc session.
Documentary Evidence
19
-
8/3/2019 100 Witness List
20/45
A. With reference to the testimony of Court Administrator Jose MidasMarquez
1. Letter of Justice Antonio Carpio to Court Administrator Midas
Marquez, dated 4 March 2011; and
2. Press Statement of Justice Maria Lourdes Sereno, dated 9 March
2011, and Corrigendum to Press Statement dated 9 March 2011.
B. With reference to the testimonies of Felipa Anama, The RecordsOfficer, Receiving Section of Docket Division, Judicial Records Office, AnOfficer of the Docket Division and An Officer of the Rollo Room
1. Original Copy of the Petition filed on September 13, 2010 with
the stamp RECEIVED;
2. Rollo/Records of the Merceditas Gutierrez case (G.R. No.
193459);
3. Agenda and minutes of the en banc session of September 14,
2010; and
4. The Detailed Report/Synopsis of the member-in-charge inG.R. No. 193459.
C. With reference to the testimony of Johnny Aquino
1. Delivery receipt/logbook used by Johnny Aquino; and
2. Logbooks of the Justices showing receipt of Petition (dates:
September 13, 14, 15, 2010).
D. With reference to the testimonies of Atty. Enriquetta Vidal and Deputy
Felipa Anama
1. Letter of Rep. Rudy Farinas dates February 28, 2011;
2. Any document/affidavit that was prepared in connection with the
letter of Rep. Farinas;
3. Official answer to Rep. Farinas letter dated March 15, 2011; and
4. Agenda and minutes of March 15, 2011 en banc session.
20
-
8/3/2019 100 Witness List
21/45
ARTICLE V
List of Witnesses
1. Atty. Enriqueta Vidal, Clerk of Court, Supreme Court She will
testify with respect to the League of Cities vs. COMELEC case to: (1) prove date of
the finality of the pertinent decisions and resolutions and the entry in the book of
judgments; (2) identify the letters of Atty. Estelito Mendoza to the Supreme Court
and testify on the contents thereof; (3) prove that respondent Corona was aware of
and had knowledge of the letters, whether actually or constructively, pursuant to
the internal procedures of the Supreme Court; and (4) testify on the internal
procedures of the Supreme Court to show that respondent Corona had the power to
include the League of Cities case in the agenda of the En Banc.
With respect to the Navarro vs. Ermita case, Atty. Vidal will prove the
date of finality of the pertinent decisions and the date the same were
entered in the Book of Judgments, and testify on the internal rules of the
Supreme Court to show that respondent Corona had caused the inclusion of
the case in the agenda of the Supreme Court En Banc in order that a final
and executory judgment will be reversed.
Lastly, as to the FASAP vs. Philippine Airlines, Inc., she will testify: (1)
to prove the date of finality of the pertinent decisions and resolutions; (2) to
identify the letters of Atty. Estelito Mendoza; (3) to prove that Corona was
aware of and had knowledge of the contents of said letter, whether actually
or constructively, pursuant to the internal procedures of the Supreme Court;(4) on the Internal Rules of the Supreme Court (A.M. 99-8-09-SC); (5) to
prove whether under the Internal Rules of the Supreme Court, the Supreme
Court en banc can revisit or recall decisions that have become final; (6) to
prove the role of the Chief Justice in setting matters in the agenda for the
Supreme Court en banc; (7) to authenticate and testify on the contents of
A.M. No. 11-10-1-SC and the Memorandum dated 26 September 2011 on the
propriety of the raffle of the FASAP Case; (8) to testify that the said
memorandum was issued in response to the letters of Atty. Estelito Mendoza;
(9) to testify that as Presiding Officer of the Supreme Court, Corona caused
the inclusion of the FASAP case in the agenda of the En Banc; (10) to testify
on Coronas participation in A.M. No. 11-10-1-SC; (11) to testify on the Raffle
21
-
8/3/2019 100 Witness List
22/45
results of 14 July 2008 relative to the FASAP Case, which indicate that Corona
had previously inhibited himself from the case; and (12) to testify on the
relevant facts which caused the setting aside of decisions which were
already final and executory.
2. Representative of the League of Cities who will testify, among
others: (1) on the background of the case; (2) that they did not receive copies of the
letter of Mendoza prior to the issuance by the Supreme Court of the Resolution
dated 15 February 2011; and (3) that the League of Cities was not required to
comment on the letters before the Supreme Court acted on the same.
3. A former Justice of the Supreme Court or other legal expert
who will testify on the following: rules on finality of judgment, propriety of
transmitting private letters to the Supreme Court and the internal procedures of the
Supreme Court pursuant to which respondent Corona had the power to include the
League of Cities case in the agenda of the En Banc.
4. A former Justice of the Supreme Court or other legal expert
who will testify on the rules on finality of judgment and the internal
procedures of the Supreme Court pursuant to which respondent Corona hadincluded the Navarro Case in the agenda of the En Banc.
5. A Former Justice of the Supreme Court or other legal expert
who will testify on the rules on finality of judgment, rules on Motions for
Reconsideration, the propriety of transmitting private letters to the Supreme Court
and the internal procedures of the Supreme Court pursuant to which Corona
included the FASAP case in the agenda of the En Banc.
6. Responsible officials, employees, and staff of the Supreme
Court and its departments and divisions who are privy to the
proceedings and deliberations in the League of Cities Case, Navarro Case, and
FASAP case.
7. Assistant Clerk of Court Felipa Anaman who will, among others,
(1) testify that she prepared a memo on the raffle of the FASAP case to the Second
Division; (2) authenticate and testify on the contents of the Legal Memorandum; (3)
testify on the Internal Rules of the Supreme Court (A.M. 99-8-09-SC); (4)
prove whether under the Internal Rules of the Supreme Court, the Supreme
Court en banc can revisit or recall decisions that have become final; (5)
prove the role of the Chief Justice in setting matters in the agenda for the
22
-
8/3/2019 100 Witness List
23/45
Supreme Court en banc; and (6) authenticate and testify on the contents of
A.M. No. 11-10-1-SC.
8. Representative of FASAP who will testify, among others: (1) about
the background of the case; (2) that FASAP wrote to the Supreme Court to inquire
on the status and the Supreme Court action on the matter; (3) that FASAP was
required by the Supreme Court to furnish a copy of its letter to the other parties; (4)
that FASAP did not receive copies of the letters filed by Atty. Estelito Mendoza prior
to the Decision in AM No. 11-10-1-SC; and (5) that FASAP was not asked to
comment on the said letters before the Supreme Court acted on the same.
Documentary Evidence
A. With reference to the League of Cities Case
1. Personal Letter sent by Estelito Mendoza to the Supreme Court
on 19 January 2009 - To prove that the letter was instrumental in
the flip-flopping of the Supreme Court in League of Cities v.
COMELEC.
2. Certified True Copy of the Decision dated 18 November 2008 in
League of Cities v. COMELEC - To prove the fact and date the
Decision dated 18 November 2008 was promulgated.
3. Entry of judgment of the Decision dated 18 November 2008 in
League of Cities v. COMELEC - To prove that the Decision dated
18 November 2008 has become final and executory.
4. Certified True Copy of the Decision dated 21 December 2009 in
League of Cities v. COMELEC -To prove the improper reversal
of the final and executory Decision dated 18 November 2008.
5. Certified True Copy of the Resolution dated 24 August 2010 in
League of Cities v. COMELEC - To show that members of the
Supreme Court En Banc realized the blatant error in the previous
ruling, thus, reinstating the original Decision dated 18 November
2008.
5. Certified True Copy of the Resolution dated 15 February 2011 in
League of Cities v. COMELEC - To prove that the Supreme Court
23
-
8/3/2019 100 Witness List
24/45
granted an unusual and totally unprecedented fourth motion for
reconsideration filed by the sixteen (16) municipalities and
improperly reinstated the Decision dated 21 December 2009, the
highly irregular decision reversing a judgment that had long
been final and executory, and to prove that respondent Corona
participated therein.
B. With reference to the Navarro Case
1. Decision dated 10 February 2010 in Navarro v. Ermita - To
prove the fact and date the Decision was promulgated.
2. Entry of Judgment dated 18 May 2010 in Navarro v. Ermita -To
prove the fact that the Decision dated 10 February 2010 has
become final and executory.
3. Resolution dated 20 July 2010 in Navarro v. Ermita - To show
the proper application of the rules on intervention wherein the
Supreme Court held that when the case has already been
terminated, intervention cannot be allowed.
4. Resolution dated 12 April 2011 in Navarro v. Ermita -To prove
that under respondent Corona's leadership, the Supreme Court
directly violated the Rules of Court, the rules on reconsideration,
finality of judgments and intervention.
5. Sworn statements of responsible Supreme Court officials,
employees, and staff privy to the proceedings and deliberations
in Navarro v. Ermita - To prove respondent Coronas direct acts
and involvement in disregarding the finality of judgments and issue
reversals in the forgoing cases
C. With reference to the FASAP Case
1. Decision dated 22 July 2008 in FASAP v. Philippine Airlines, Inc.,
et al - To prove the fact and date the Decision was
promulgated.
24
-
8/3/2019 100 Witness List
25/45
2. Resolutions of the Supreme Courtdated 02 October 2009 and 07
September 2011. - To prove that the Decision dated 22
July 2008 became final after the Supreme Court denied, with
finality, PALs Motions for Reconsideration.
3. Personal letter submitted to the Supreme Court by Estelito
Mendoza, PALs lawyer, dated 13 and 20 September 2011 - To
show that the letter from Estelito Mendoza is instrumental in the
later recall of the Resolutions dated 02 October 2009 and 07
September 2011.
4. A.M. No. 11-10-1-SC - To show the improper recall of the
Resolutions dated 02 October 2009 and 07 September 2011 by
virtue of a decision in a separate case decided by the Supreme
Court on 04 October 2011, and the participation of Corona
therein.
5. Memorandum written by the Clerk of Court of the Supreme Court
En Banc dated 26 September 2011 - To show that the current
assignment for the FASAP Case to the Second Division wasproper under the rules of the Supreme Court, which did not
justify Coronas action in moving to recall the final and executory
decision of 22 July 2008.
6. Raffle Results on 14 July 2008 - To show that Corona had
initially inhibited himself from the FASAP Case.
7. Minutes of the Raffle Committee of 11 November 2009, a list of
members thereof and Raffle Results on 11 November 2009 - To
show that Corona was a member of the Raffle Committee that
had decided that a Special Division need not be created for the
resolution of the Motion for Reconsideration in the FASAP Case.
8. All memoranda/correspondence to and from the Clerk of Court of
the Supreme Court En Banc regarding the FASAP Case - To
establish facts surrounding the decision in A.M. No. 11-10-1-SC.
9. FASAP Letter to the Supreme Court inquiring about the status of
their case, and the Supreme Courts communication to FASAP
requiring FASAP to first furnish the opposing party with a copy of
25
-
8/3/2019 100 Witness List
26/45
their letters before it would act on the inquiries - To show
impartiality and bias in favor of Atty. Estelito Mendoza.
10. Sworn statements of responsible Supreme Court officials,
employees, and staff privy to the proceedings and deliberations
in Flight Attendants and Stewards Association of the Philippines
(FASAP) v. Philippine Airlines, Inc., et al. - To prove respondent
Coronas direct acts and involvement in influencing the other Members
of the Supreme Court En Banc to disregard the finality of judgments
and issue reversals in the forgoing cases.
ARTICLE VI
List of Witnesses
1. Atty. Harry Roque - He will bring, present, identify, and testify
on the original copies of the books, articles, journals, and materials that were
plagiarized and misrepresented in the case ofIsabelita C. Vinuya versus the
Honorable Executive Secretary Alberto G. Romulo docketed as G.R. No.
162230 and the original and certified true copy of the impeachment
complaint filed against Associate Justice del Castillo.
2. Atty. Emmanuel M. Lombos - He will demonstrate the
impossibility that a mere computer glitch caused the deletion of the
footnotes in the Decision dated April 28, 2010 in Isabelita C. Vinuya versus
the Honorable Executive Secretary Alberto G. Romulo docketed as G.R. No.
162230.
3. Atty. Nelson T. Antolin - He will demonstrate the
impossibility that a mere computer glitch caused the deletion of the
footnotes in the Decision dated April 28, 2010 in Isabelita C. Vinuya versus
the Honorable Executive Secretary Alberto G. Romulo docketed as G.R. No.
162230.
4. Atty. Michelle Ann U. Juan - She will bring, present, identify,
and testify on the written explanation she submitted to the Ethics Committee
narrating the extent of her participation and how the deletions/absence of
attributions of authorities cited in the draft of the Decision of the Supreme
26
-
8/3/2019 100 Witness List
27/45
Court dated April 28, 2010 in Isabelita C. Vinuya versus the Honorable
Executive Secretary Alberto G. Romulo docketed as G.R. No. 1622300.
5. Atty. Cynthia del Castillo - She will testify that Chief Justice
Corona was the best man at the wedding of Associate Justice del Castillo.
6. Atty. Enriqueta Esguerra-Vidal - She will testify on the
proceedings involving the Vinuya vs. Executive Secretary case and on all
proceedings of the Supreme Court relating to AM No. 10-7-17-SC, including
the proceedings of the Ethics Committee. In the course of his direct
examination, he/she will identify documents.
Documentary Evidence
A. With reference to the testimony of Atty. Enriqueta Esguerra-Vidal
1. Decision dated April 28, 2010 in Isabelita C. Vinuya versus the
Honorable Executive Secretary Alberto G. Romulo docketed as
G.R. No. 162230, including the concurring and dissenting
opinions of the other justices, if there are any;
2. The Motion for Reconsideration filed by the petitioners in
Isabelita C. Vinuya versus the Honorable Executive Secretary
Alberto G. Romulo docketed as G.R. No. 162230;
3. The Supplemental Motion for Reconsideration filed by the
petitioners in Isabelita C. Vinuya versus the Honorable Executive
Secretary Alberto G. Romulo docketed as G.R. No. 162230;
4. The Resolution on the Motion for Reconsideration and the
Supplemental Motion for Reconsideration (described in b and c
above), including all the concurring and dissenting opinions of
the other justices, if there are any;
5. The Resolution of the Supreme Court creating the Ethics
Committee, showing the jurisdiction of such Committee;
6. Resolution activating the Ethics Committee to investigate
Associate Justice del Castillo in connection with A.M. No. 10-7-17-
SC;
27
-
8/3/2019 100 Witness List
28/45
7. The Resolution/Findings/Recommendation of the Ethics
Committee in A.M. No. 10-7-17-SC;
8. The Resolution of the Supreme Court dated October 12, 2010 inA.M. No. 10-7-17-SC, including all the concurring and dissenting
opinions of the other justices, if there are any;
9. The Resolution of the Supreme Court dated February 8, 2011 in
A.M. No. 10-7-17-SC; and
10. An inventory of administrative complainants filed against justices
of the Supreme Court, the number of those complaints referredto the Ethics Committee for investigation, the corresponding
findings/resolution/ recommendation of the Ethics Committee,
and the corresponding decision/resolution of the Supreme Court
on findings/resolution/recommendation of the Ethics Committee.
ARTICLE VII
List of Witnesses
1. Ms. Raissa Robles - She who will testify on, among others,
the close personal relationship between Corona and GMA and other
allegations contained in the Verified Complaint, and other pleadings filed by
complainants, and other matters relevant to the instant case.
2. Ms. Marites Vitug - She will testify among others on the
close personal relationship between Corona and GMA, the research she has
on the Supreme Court inner processes and other allegations contained in the
Verified Complaint, and other pleadings filed by complainants, and other
matters relevant to the instant case.
3. Justice Secretary Leila de Lima - She will testify, among
others: (1) That various criminal cases have been filed against GMA and FG;(2) That GMA intends to travel for other reasons aside from health (3) That
service of the TRO to the Department of Justice was attempted to be made
before 6 p.m. on 15 November 2011; (4) That petitioners GMA and FG
attempted to escape the country on November 15, 2011; (5) On the
28
-
8/3/2019 100 Witness List
29/45
allegations contained in the Verified Complaint, and other pleadings filed by
complainants, and other matters relevant to the instant case.
4. Principal Physician of former President Gloria Macapagal-
Arroyo, Dr. Juliet Gopez-Cervantes - who will attest to GMAs continuing
recovery and her positive prognosis, especially after 6 to 8 months and that
there is no medical emergency warranting an immediate flight.
5. Dr. Mario Ver who will attest to GMAs continuing recovery
and her positive prognosis, especially after 6 to 8 months and that there is
no medical emergency warranting an immediate flight.
6. Supreme Court Process Cashier who will testify, among
others: (1) On the working hours of the Supreme Court; (2) that the
conditions set on the TRO were submitted beyond working hours.
7. Ms. Ina Reformina and her cameraman She will testify,
among others: (1) That the TRO allowing GMA to leave the country was
issued before 6 p.m. on 15 November 2011; (2) That service of the TRO to
the Department of Justice was attempted to be made before 6 p.m. on 15November 2011; (3) That Compliance with TRO requirements, such as the
posting of the bond, among others, was made after 6 p.m. on 15 November
2011; (4) Statements made by the Public Information Office of the Supreme
Court related to the TRO; (5) will testify that SC spokesperson Midas
Marquez announced to media (through press conference) the 8-5 ruling in
favor of a TRO against Arroyo's WLO, though said resolution was still being
drafted; (6) manner of compliance on the conditions set in the TRO ,
including the manner of securing payment of bond; statements made by
lawyers of GMA and FG on the flight bookings and payment of bond; (7) On
the allegations contained in the Verified Complaint, and other pleadings filed
by complainants, and other matters relevant to the instant case.
8. Ms. Lia Manalac and her cameraman She will testify,
among others: (1) That the TRO allowing GMA to leave the country was
issued before 6 p.m. on 15 November 2011; (2) That service of the TRO to
the Department of Justice was attempted to be made before 6 p.m. on 15
November 2011; (3) That Compliance with TRO requirements, such as the
posting of the bond, among others, was made after 6 p.m. on 15 November
2011; (4) Statements made by the Public Information Office of the Supreme
29
-
8/3/2019 100 Witness List
30/45
Court; (5) will testify that SC spokesperson Midas Marquez announced to
media (through press conference) the 8-5 ruling in favor of a TRO against
Arroyo's WLO, though said resolution was still being drafted; 6) manner of
compliance on the conditions set in the TRO related to the TRO, including the
manner of securing payment of bond; statements made by lawyers of GMA
and FG on the flight bookings and payment of bond; (7)On the allegations
contained in the Verified Complaint, and other pleadings filed by
complainants, and other matters relevant to the instant case.
9. Marlon Ramos-Inquirer - He will testify, among others: (1)
That the TRO allowing GMA to leave the country was issued before 6 p.m. on
15 November 2011; (2) That service of the TRO to the Department of Justice
was attempted to be made before 6 p.m. on 15 November 2011; (3) That
Compliance with TRO requirements, such as the posting of the bond, among
others, was made after 6 p.m. on 15 November 2011; (4) Statements made
by the Public Information Office of the Supreme Court related to the TRO; (5)
will testify that SC spokesperson Midas Marquez announced to media
(through press conference) the 8-5 ruling in favor of a TRO against Arroyo's
WLO, though said resolution was still being drafted; (6) On the allegationscontained in the Verified Complaint, and other pleadings filed by
complainants, and other matters relevant to the instant case.
10. Zen Hernandez and her cameraman-ABS-CBN - He will
testify, among others: (1) That the TRO allowing GMA to leave the country
was issued before 6 p.m. on 15 November 2011; (2) That service of the TRO
to the Department of Justice was attempted to be made before 6 p.m. on 15
November 2011; (3) That Compliance with TRO requirements, such as the
posting of the bond, among others, was made after 6 p.m. on 15 November
2011; (4) Statements made by the Public Information Office of the Supreme
Court related to the TRO; (5) will testify that SC spokesperson Midas
Marquez announced to media (through press conference) the 8-5 ruling in
favor of a TRO against Arroyo's WLO, though said resolution was still being
drafted; (6) On the allegations contained in the Verified Complaint, and other
pleadings filed by complainants, and other matters relevant to the instant
case.
11. Mark Meruenas, GMA News He will testify that Midas
Marquez said that the TRO is immediately executory and that it should be
30
-
8/3/2019 100 Witness List
31/45
respected by DOJ (threat of contempt). He will also testify that Marquez said
that TRO conditions should be complied with first. He quotes Marquez: "Upon
filing these conditions or once they are able to comply with these conditions,
they can fly already.
12. Deputy Clerk of Court - She will testify, among others: (1)
That respondent Corona consolidated the two (2) cases involving Arroyo and
her husband Mike in order to ensure the hurried issuance of the TRO against
the DOJ on 15 November 2011; (2) That the hurried issuance of the TRO
against the DOJ on 15 November 2011 by respondent Corona was made in
order to give the Arroyos an opportunity to escape prosecution and to
frustrate the ends of justice; (3) That such issuance is a tyrannical abuse ofpower, an act of favoritism and an inexcusably negligent act amounting to a
betrayal of public trust; (4) On the allegations contained in the Verified
Complaint, and other pleadings filed by complainants, and other matters
relevant to the instant case.
13. Atty. Enriqueta Vidal, Clerk of Court of the Supreme Court
En Banc She will testify, among others: (1) that Respondent Corona made
handwritten corrections on the typewritten draft Resolution Justice Velasco
with the instruction that the Chief Justices version is to be immediately
promulgated; (2) Suppress the dissent of Justice Sereno; (3) On the
allegations contained in the Verified Complaint, and other pleadings filed by
complainants, and other matters relevant to the instant case; (4) That
respondent Corona consolidated the two (5) cases involving Arroyo and her
husband Mike in order to ensure the hurried issuance of the TRO against the
DOJ on 15 November 2011; (6) That the hurried issuance of the TRO against
the DOJ on 15 November 2011 by respondent Corona was made in order to
give the Arroyos an opportunity to escape prosecution and to frustrate the
ends of justice; (7) That such issuance is a tyrannical abuse of power, an act
of favoritism and an inexcusably negligent act amounting to a betrayal of
public trust; (8) On the allegations contained in the Verified Complaint, and
other pleadings filed by complainants, and other matters relevant to the
instant case.
14. Benjamin Anunuevo and/or the Assigned Process Server
or Sheriff who served the TRO He will testify, among others: (1) That
respondent Corona in order to immediately effect the TRO extended the
31
-
8/3/2019 100 Witness List
32/45
office hours, asked him to do overtime and to immediately serve the Notices
to the Department of Justice and the Office of the Solicitor General;
15. Ms. Araceli C. Bayuga, SC Chief Judicial Officer and/or the
Cashier assigned on 15 November 2011 at the Supreme Court - She
will testify, among others: (1) that respondent Corona in order to
immediately effect the TRO extended the office hours, asked them to
facilitate the payment of the bond to ensure compliance; (2) the time and
manner of payment (3) the time that they informed the Office of the Clerk of
Court of the payment of the bond.
16. Juliet of the Office of the Clerk of Court She will testify
that it was only at 8:55am of November 16, one day after GMA attempted to
leave, that they received information of the payment of the Bond.
17. Mr. Jay Francis P. Baltazar, Notary Public of Magallanes,
Makati City - He will testify as to the time and manner that the Special
Power of Attorney made in favor of Gloria Macapagal Arroyo was notarized.
18. Justice Maria Lourdes Sereno She will testify, among others:
(1) That the hurried issuance of the TRO against the DOJ on 15 November
2011 by respondent Corona in order to give the Arroyos an opportunity to
escape prosecution and to frustrate the ends of justice is a tyrannical abuse
of power, an act of favoritism and an inexcusably negligent act amounting to
a betrayal of public trust. This was made possible through respondents
individual acts of: (i) Consolidating the two (2) cases involving Arroyo and
her husband Mike; (ii) Facilitating and expediting, as administrative head of
the Supreme Court, the issuance and implementation of the TRO issued in
favor of Arroyo (i.e. allowing the extension of the office hours of the Supreme
Court, among others); (iii) Distorting the Supreme Court decision on the
effectivity of the TRO in view of a clear failure to comply with the conditions
of the Supreme Court amounted to a betrayal of public trust; (iv)
Suppressing the promulgation of the dissenting opinion of Justice Sereno
which was submitted on 2 December 2011 but was promulgated only on 13December 2011; and (v) Providing the Supreme Court spokesman with
misleading information; and (2) On the allegations contained in the Verified
Complaint, and other pleadings filed by complainants, and other matters
relevant to the instant case.
32
-
8/3/2019 100 Witness List
33/45
19. Court Administrator Jose Midas P Marquez He will testify,
among others on his statements made in relation to the TRO against the DOJ.
He will also testify on the issuance of the TRO against the DOJ on 15
November 2011 by respondent Corona in order to give the Arroyos an
opportunity to escape prosecution and to frustrate the ends of justice. He will
also talk on the following acts by Respondent: (i) Consolidating the two (2)
cases involving Arroyo and her husband Mike; (ii) Facilitating and expediting,
as administrative head of the Supreme Court, the issuance and
implementation of the TRO issued in favor of Arroyo (i.e. allowing the
extension of the office hours of the Supreme Court, among others); (iii)
Distorting the Supreme Court decision on the effectivity of the TRO in view of
a clear failure to comply with the conditions of the Supreme Court amounted
to a betrayal of public trust; (iv) Suppressing the promulgation of the
dissenting opinion of Justice Sereno which was submitted on 2 December
2011 but was promulgated only on 13 December 2011; and (v) Providing the
Supreme Court spokesman with misleading information; (2) that Respondent
Corona made handwritten corrections on the typewritten draft Resolution
Justice Velasco with the instruction that the Chief Justices version is to beimmediately promulgated; and (3) On the allegations contained in the
Verified Complaint, and other pleadings filed by complainants, and other
matters relevant to the instant case. (2) On the allegations contained in the
Verified Complaint, and other pleadings filed by complainants, and other
matters relevant to the instant case.
20. Justice Antonio T. Carpio He will testify, among others: (1)
That the hurried issuance of the TRO against the DOJ on 15 November 2011
by respondent Corona in order to give the Arroyos an opportunity to escape
prosecution and to frustrate the ends of justice is a tyrannical abuse of
power, an act of favoritism and an inexcusably negligent act amounting to a
betrayal of public trust. This was made possible through respondents
individual acts of: (i) Consolidating the two (2) cases involving Arroyo and
her husband Mike; (ii) Facilitating and expediting, as administrative head of
the Supreme Court, the issuance and implementation of the TRO issued in
favor of Arroyo (i.e. allowing the extension of the office hours of the Supreme
Court, among others); (iii) Distorting the Supreme Court decision on the
effectivity of the TRO in view of a clear failure to comply with the conditions
of the Supreme Court amounted to a betrayal of public trust; (iv)
33
-
8/3/2019 100 Witness List
34/45
Suppressing the promulgation of the dissenting opinion of Justice Sereno
which was submitted on 2 December 2011 but was promulgated only on 13
December 2011; and (v) Providing the Supreme Court spokesman with
misleading information; (2) that Respondent Corona made handwritten
corrections on the typewritten draft Resolution Justice Velasco with the
instruction that the Chief Justices version is to be immediately promulgated;
and (3) On the allegations contained in the Verified Complaint, and other
pleadings filed by complainants, and other matters relevant to the instant
case. (2) On the allegations contained in the Verified Complaint, and other
pleadings filed by complainants, and other matters relevant to the instant
case.
21. Justice Bienvenido Reyes He will testify, among others: (1)
That the hurried issuance of the TRO against the DOJ on 15 November 2011
by respondent Corona in order to give the Arroyos an opportunity to escape
prosecution and to frustrate the ends of justice is a tyrannical abuse of
power, an act of favoritism and an inexcusably negligent act amounting to a
betrayal of public trust. This was made possible through respondents
individual acts of: (i) Consolidating the two (2) cases involving Arroyo andher husband Mike; (ii) Facilitating and expediting, as administrative head of
the Supreme Court, the issuance and implementation of the TRO issued in
favor of Arroyo (i.e. allowing the extension of the office hours of the Supreme
Court, among others); (iii) Distorting the Supreme Court decision on the
effectivity of the TRO in view of a clear failure to comply with the conditions
of the Supreme Court amounted to a betrayal of public trust; (iv)
Suppressing the promulgation of the dissenting opinion of Justice Sereno
which was submitted on 2 December 2011 but was promulgated only on 13
December 2011; and (v) Providing the Supreme Court spokesman with
misleading information; (2) that Respondent Corona made handwritten
corrections on the typewritten draft Resolution Justice Velasco with the
instruction that the Chief Justices version is to be immediately promulgated;
and (3) On the allegations contained in the Verified Complaint, and other
pleadings filed by complainants, and other matters relevant to the instant
case. (2) On the allegations contained in the Verified Complaint, and other
pleadings filed by complainants, and other matters relevant to the instant
case.
34
-
8/3/2019 100 Witness List
35/45
22. Justice Arturo D. Brion He will testify, among others: (1) That
the hurried issuance of the TRO against the DOJ on 15 November 2011 by
respondent Corona in order to give the Arroyos an opportunity to escape
prosecution and to frustrate the ends of justice is a tyrannical abuse of
power, an act of favoritism and an inexcusably negligent act amounting to a
betrayal of public trust. This was made possible through respondents
individual acts of: (i) Consolidating the two (2) cases involving Arroyo and
her husband Mike; (ii) Facilitating and expediting, as administrative head of
the Supreme Court, the issuance and implementation of the TRO issued in
favor of Arroyo (i.e. allowing the extension of the office hours of the Supreme
Court, among others); (iii) Distorting the Supreme Court decision on the
effectivity of the TRO in view of a clear failure to comply with the conditions
of the Supreme Court amounted to a betrayal of public trust; (iv)
Suppressing the promulgation of the dissenting opinion of Justice Sereno
which was submitted on 2 December 2011 but was promulgated only on 13
December 2011; and (v) Providing the Supreme Court spokesman with
misleading information; (2) that Respondent Corona made handwritten
corrections on the typewritten draft Resolution Justice Velasco with the
instruction that the Chief Justices version is to be immediately promulgated;and (3) On the allegations contained in the Verified Complaint, and other
pleadings filed by complainants, and other matters relevant to the instant
case. (2) On the allegations contained in the Verified Complaint, and other
pleadings filed by complainants, and other matters relevant to the instant
case.
23. Justice Presbitero J. Velasco, Jr. He will testify, among
others: (1) That the hurried issuance of the TRO against the DOJ on 15
November 2011 by respondent Corona in order to give the Arroyos an
opportunity to escape prosecution and to frustrate the ends of justice is a
tyrannical abuse of power, an act of favoritism and an inexcusably negligent
act amounting to a betrayal of public trust. This was made possible through
respondents individual acts of: (i) Consolidating the two (2) cases involving
Arroyo and her husband Mike; (ii) Facilitating and expediting, as
administrative head of the Supreme Court, the issuance and implementation
of the TRO issued in favor of Arroyo (i.e. allowing the extension of the office
hours of the Supreme Court, among others); (iii) Distorting the Supreme
Court decision on the effectivity of the TRO in view of a clear failure to
comply with the conditions of the Supreme Court amounted to a betrayal of
35
-
8/3/2019 100 Witness List
36/45
public trust; (iv) Suppressing the promulgation of the dissenting opinion of
Justice Sereno which was submitted on 2 December 2011 but was
promulgated only on 13 December 2011; and (v) Providing the Supreme
Court spokesman with misleading information; (2) that Respondent Corona
made handwritten corrections on the typewritten draft Resolution Justice
Velasco with the instruction that the Chief Justices version is to be
immediately promulgated; and (3) On the allegations contained in the
Verified Complaint, and other pleadings filed by complainants, and other
matters relevant to the instant case. (2) On the allegations contained in the
Verified Complaint, and other pleadings filed by complainants, and other
matters relevant to the instant case.
24. Other Supreme Court Officials and media personnel who
may be determined as the custodians of the documents that will be
identified and authenticated.
Documentary Evidence
1. Supreme Court-received (with time and date stamp) Petition for
Special Civil Actions for Certiorari and Prohibition with Prayer for
the Issuance of a Temporary Restraining Order (TRO) and/or Writ
of Preliminary Injunction filed by Gloria Macapagal Arroyo (G.R.
No. 199034) [GMA TRO Petition], including the Annexes thereto;
2. Supreme Court received (with time and date stamp) Petition for
Special Civil Actions for Certiorari and Prohibition with Prayer for
the Issuance of a Temporary Restraining Order and/or Writ of
Preliminary Injunction docketed as (G.R. No. 199046) [Mike
Arroyo TRO Petition], including the Annexes thereto;
3. Official Leave of Respondent Corona applied for days within the
month of November 2011;
4. Minutes of the Supreme Court Raffle Committee which handled
the GMA and Mike Arroyo TRO Petition;
36
-
8/3/2019 100 Witness List
37/45
5. Appointment or Assignment of the Member in Charge of the GMA
and Mike Arroyo TRO Petition;
6. Agenda and Minutes of the Supreme Court En Banc Sessions
dated 15 November 2011;
7. Resolution dated 15 November 2011 on the GMA and Mike
Arroyo TRO Petition, as published;
8. Temporary Restraining Order dated 15 November 2011 issued in
the GMA and Mike Arroyo TRO Petition;
9. Special Power of Attorney dated 15 November 2011 submitted by
GMA and Mike Arroyo in favor of Atty. Ferdinand Topacio
appointing him to produce summons or receive documentary
evidence with the official date and time stamp of the Supreme
Court;
10. Official Receipt No. 00300227-SC-EP dated 15 November 2011issued by the Supreme Court for the Two Million Pesos Cash Bond
of GMA and Mike Arroyo with the official date and time stamp;
11. November 15 and 16, 2011 Sheriffs Return of service of the GMA
and Mike Arroyo TRO dated 15 November 2011 upon the
Department of Justice and the Office of the Solicitor General;
12. Certification from the Fiscal Management and Budget Office of
the Supreme Court dated November 15, 2011 with the date and
time it was received by the Supreme Court Clerk of Court
showing it to be November 16, 2011 at 8:55am;
13. Agenda and Minutes of the Supreme Court En Banc Sessions
dated 18 November 2011;
14. Resolution dated 18 November 2011 issued on the GMA and Mike
Arroyo TRO Petition, as published;
37
-
8/3/2019 100 Witness List
38/45
15. Agenda and Minutes of the Supreme Court En Banc Sessions
dated 22 November 2011;
16. Typed-written draft of Justice Presbitero Velasco (Justice Velasco)
of the 22 November 2011 session on the GMA and Mike Arroyo
TRO Petition (Justice Velasco draft);
17. Justice Antonio T. Carpios Modifications of Justice Velascos draft
on the GMA and Mike Arroyo TRO Petition;
18. Respondent Coronas handwritten corrections on Justice
Velascos draft on the GMA and Mike Arroyo TRO Petition dated
22 November 2011 with the instruction that the Chief Justices
version is to be immediately promulgated as received by the
Supreme Court Clerk of Court on 23 November 2011;
19. Resolution dated 22 November 2011 on the GMA and Mike
Arroyo TRO Petition, as published;
20. Logbook showing the date and time Justice Serenos dissent to
the 22 November 2011 Resolution was received by the Clerk of
Court En Banc;
21. Dissenting Opinion of Justice Sereno in G.R. No. 199034 and
199046 as published on 13 December 2011;
22. Dissenting Opinion of Justice Carpio in G.R. No. 199034 and
199046 as published;
23. Agenda and Minutes of the Supreme Court En Banc Sessions
dated 24 November 2011;
24. Agenda and Minutes of the Supreme Court En Banc Sessions
dated 29 November 2011
25. Dissenting Opinion of Justice Velasco in G.R. No. 199034 and
199046 as published;
38
-
8/3/2019 100 Witness List
39/45
26. Dissenting Opinion of Justice Abad in G.R. No. 199034 and
199046 as published;
27. Letter dated 24 November 2011 of Justice Carpio addressed to
the Chief Justice with title: Re: GR No. 199034, Gloria Macapagal
Arroyo v. Hon. Leila M. De Lima copy furnished to all Justices
and the Clerk of Court.
28. Memorandum dated 05 December 2011 of Clerk of Court
Enriqueta E. Vidal for the Chief Justice and the Associate Justices
stating that as per instruction of Associate Justice Presbitero J.
Velasco, the dissenting opinion of Associate Justice Maria Lourdes
P.A. Sereno (Sereno) in the Resolution dated 22 November 2011
shall be taken up in the session of the En Banc on Tuesday,
December 6, 2011;
29. Letter dated 06 December 2011 of Justice Sereno to respondent
Corona formalizing her request to be apprised of the legal basis
for the non-promulgation of her dissenting opinion, undulydepriving her of her constitutional right as an associate justice
copy, furnished to all Justices and the Clerk of Court;
30. Agenda and Minutes of the Supreme Court En Banc Sessions
dated 06 December 2011;
31. Certified True Copy of the decision in Leave Division OCA-OAS
vs. Wilma Salvacion P. Huesdens docketed as A.M. No. P-11-
2927, promulgated on 13 December 2011;
32. Certified True Copy of the Supreme Court Internal Rules;
33. Certified True Copy of G.R. No. 197930 where the Supreme Court
denied Efraim Genuinos prayer for a TRO against Watchlist
Order No. 2011-422, issued under the authority of the same DOJ
Circular No. 41 that is the subject of the GMA and Mike Arroyo
TRO Petitions;
39
-
8/3/2019 100 Witness List
40/45
34. Official Appointment of Respondent Corona as Associate Justice
of the Supreme Court;
35. Official Appointment of Respondent Corona as Chief Justice;
36. Official Appointment of Midas Marquez as Spokesperson of the
Supreme Court. As stated in the Complaint, the Spokesperson in
several instances made misleading statements;
37. Official Appointment of Justice Arturo D. Brion (Brion) as Justice of
the Supreme Court. Justice Brion was present in the meetings
and may shed light as to who drafted the Resolutions dated
November 15 and November 18 2011 on the GMA and Mike
Arroyo TRO Petition;
38. Official Appointment of Justice Presibetero Velasco as Justice of
the Supreme Court. Justice Velasco was mentioned several times
in the Dissenting Opinion of Justice Sereno in G.R. No. 199034
and 199046 as published and he filed a Dissenting Opinion inG.R. No. 199034 and 199046 as published;
39. Official Appointment of Justice Roberto A. Abad as Justice of the
Supreme Court. Justice Abad filed a Dissenting Opinion in G.R.
No. 199034 and 199046 as published
40. Bureau of Immigration Records stating the entry and exit in the
Philippines of Respondent Renato Corona during the months of
October and November, 2011;
41. Department of Justice received Petition for Special Civil Actions
for Certiorari and Prohibition with Prayer for the Issuance of a
Temporary Restraining Order (TRO) and/or Writ of Preliminary
Injunction filed by Gloria Macapagal Arroyo (G.R. No. 199034)
[GMA TRO Petition], including the Annexes thereto;
42. Department of Justice received Supreme Court received (with
time and date stamp) Petition for Special Civil Actions for
Certiorari and Prohibition with Prayer for the Issuance of a
40
-
8/3/2019 100 Witness List
41/45
Temporary Restraining Order and/or Writ of Preliminary
Injunction docketed as (G.R. No. 199046) [Mike Arroyo TRO
Petition], including the Annexes thereto;
43. All pleadings and motions filed and received in the Mike Arroyo
and GMA TRO Petition;
44. Record of Denial of the Attempted Exit of Gloria Macapagal Arroyo
(GMA) and Jose Miguel Tuason Arroyo (Mike Arroyo) with the
Bureau of Immigration on November 15, 2011;
45. Warrants of Arrest issued by Branch 112 of the Regional Trial
Court of Pasay City against GMA;
46. Department of Justice received Special Power of Attorney dated
15 November 2011 submitted by the Arroyos in favor of Atty.
Ferdinand Topacio appointing him to produce summons or
receive documentary evidence.;
47. Department of Justice received Manifestation or Motion informing
them of the Compliance with the conditions set in the 15
November 2011 TRO issued by the Supreme Court in the GMA
and Mike Arroyo TRO Petition;
48. Department of Justice Resolutions on the cases filed against
Gloria Macapagal Arroyo and First Gentleman Mike Arroyo;
49. News Videos showing the implementation of the TRO;
50. Doctor Certificate showing the diagnosis of GMA;
51. Videos showing the statements of Midas Marquez related to the
issuance of the TRO, including the one made between 1:00 to
2:00 pm, 15 November 2011 where Marquez announced to the
media the TRO against Arroyo's WLO, though said resolution was
still being drafted. He is reported to have said that. "Upon filing
these conditions or once they are able to comply with these
conditions, they can fly already,"
41
-
8/3/2019 100 Witness List
42/45
ARTICLE VIII
List of Witnesses
1. Ms. Lourdes Lim, COA Supervising Auditor to the Supreme
Court - She will testify on the result of her audit report Annual Audit Report
(AAR) of the Supreme Court of the Philippines for CY 1009 and 2010, their
findings and recommendations contained in their AARs and that Respondent
Chief Justice asked COA not to publish the AARs in the COA website.
2. Ms. Myrna Cells, COA Auditor to the Supreme Court - She
will testify that she was part of the team headed by Lourdes Lim who
conducted an audit on the accounts and financial operations of the SC for CY
2009 and 2010; their findings and recommendations as contained in the AAR
for CY 2009 and 2010; and other relevant matters contained in the AAR.
2. Department of Budget and Management (or Civil ServiceCommission) Records Custodian He/She will testify on the submission
of the Personal Services Itemization and Plantilla of Personnel (PSIPOP) as
submitted to their office (DBM) by the SC as well as the budget allocated for
it.
3. Ms. Lilianne E. Ulgado, SCs Chief Accountant - She will
testify, among others, on the contents of the Supreme Courts Financial
Statements; that funds allocated for Personal Services, MOOE in the SCPs
General Funds for CY 2010 and funds allocated for Personal Services and
MOOE for PET for CY 2010, while declared in the Financial Statements to
have been fully utilized, were transferred to the Fiscal Autonomy Fund of the
Supreme Court. She will likewise testify that such transfers were personally
and directly authorized by the Respondent Chief Justice.
4. Ms. Corazon G. Ferrer-Flores, Chief of SCs Fiscal
Management and Budget Office (FMBO) - She will testify as to the
declaration of the Managements Responsibility for Financial Statements of
SC and its significance and to corroborate the testimony of Ms. Ulgado.
42
-
8/3/2019 100 Witness List
43/45
5. COA Auditor for the Fiscal Autonomy Fund (CFAG Fund)
- She will testify to corroborate the testimony of Ms. Ulgado; that in the
performance of her duties and responsibilities, she conducted and audit on
the SCs CFAG Fund; Her audit findings on the SCs CFAG Funds.
6. Representative of the World Banks Judicial Reform Support
Project who will testify, among others, on: (1) the authenticity and contents of the
Report of the World Bank Implementation Support Mission for the JRSP; (2) the various
questionable expenditures incurred by respondent Corona, which are indicia of the
commission of graft and corruption; (3) that certain disallowed expenditures had to be
reimbursed by the Supreme Court; (4) the uncertain future of the JRSP in the Philippines
due to the questionable expenditures authorized by respondent Corona; and (5) other
matters relevant to the instant case.
Documentary Evidence
A. With reference to the testimonies of Lourdes Lim and Myrna Cells
1. COA AAR for CY 2009;
2. COA AAR for CY 2010;
3. Letter of the Respondent Corona dated December 6, 2010 to
COA Chaiman Villar;
4. Letter of COA Assistant Commissioner and General Counsel
Elizabeth Zosa dated July 6, 2011 to Respondent Corona; and
5. Letter of SC OCA Midas Marquez dated August 5, 2011 addressed
to COA Chairperson GracePulido-Tan.
B. With reference to the testimony of Lilianne Ulgado and Corazon Ferrer-Flores
1. Supreme Courts Financial Statements;
2. SCs Books of Accounts for the CFAG for the years 2010 and
2011;
3. SCs Journal Entry Vouchers for 2009, 2010 and 2011;
4. SCs Personal Services Itemization and Plantilla of Personnel
(PSIPOP);
43
-
8/3/2019 100 Witness List
44/45
5. SC-Memorandum Order No. 22-2010 dated 21 May 2010;
6. SC-Memorandum Order 22-A-2010 dated 21 May 2010;
7. SC-Memorandum Order No 27-2010 dated 7 June 2010;
8. SC-Memorandum Order No. 27-A-2010 dated 7 June 2010;
9. SC-Memorandum Order No. 49-2010 dated 20 October 2010;
10. SC-Memorandum Order 56-2010 dated 6 December 2010;
11. SC-Memorandum Order No 56-A-2010 dated 6 December 2010;
12. SC-Memorandum Order No. 57-2010 dated 16 December 2010;
and
13. SC-Memorandum Order No. 57-A-2010 dated 16 December 2010
RESERVATIONS
The prosecution reserves the right to present additional
documents and witnesses, or to dispense with some of the identified
documents and witnesses, during the course of the trial, as the need
arises or as may be subject to stipulation.
The prosecution likewise reserves the right to offer the
abovementioned witnesses and documents for additional purposes as
may be necessary.
Some of the intended witnesses cannot be named or included in
the list at present due to security concerns.
RESPECTFULLY SUBMITTED
Pasay City, Metro Manila, January 27, 2012.
44
-
8/3/2019 100 Witness List
45/45
45