Republic Of The Philippines Congress OF The Philippines Senate SITTING AS AN IMPEACHMENT COURT IN THE MATTER OF THE IMPEACHMENT OF RENATO C. CORONA AS CHIEF JUSTICE OF THE SUPREME COURT OF THE PHILIPPINES. Case No. 002-2011 REPRESENTATIVES, NIEL Cc TUPAS, JR. JOSEPH EMILIO. A. ABAYA, LORENZO R. TANADA Ill, REYNALDO _ V. UMALI, ARLENE J. BAG-AO ET AL., Complainants. Keene renee eee eee x MOTION TO SUPPRESS ILLEGALLY OBTAINED EVIDENCE (RE: SUBPOENAE DATED 6 FEBRUARY 2012 AND 9 FEBRUARY 2012 TO PSBANK KATIPUNAN BRANCH MANAGER) Chief Justice Renato Sorona (“CJ Corona”), by counsel, respectfully moves to supress, exclude and expunge from the record all evidence thus far offered, received, marked and proposed in relation to the Subpoenae dated 6 February 2012 and 9 February 2012 addressed to Ms. Anabelle Tiongson, Branch Manager, PSBank Katipunan Branch, Katipunan Avenue, Loyola Heights, Quezon City, and states: ‘This Motion is founded on the constitutional guarantee against unlawful searches and seizure, and the protection for the individual who has already suffered an unlawuful search which is found in the exclusionary rule. The exclusion of evidence is Motion to Suppress Evidence Page | of 33the only manner by which the illegal introduction of evidence can be stopped from being used against the individual. This is what the Constitution safeguards. ‘The testimomies of the representatives of PS Bank will confirm that the documents submitted by the Prosecution are not copies of the documents of the bank. Indeed, in the course of the trial, it bacame clear that the documents were spurious, Neither Congressman Umali nor Banal could provide a credible source or origin of the document. Congressman Umali claimed he received his documents from a small lady and Congressman Banal found his at his gate. With the showing that the request were based on falsified documents or unlawful searches, there is no justification to intrude upon CJ Corona’s privacy. Finally, implicit in the right against unreasonable search and seizure is the exclusionary rule, which safeguards the individual against the violation of his right. 1. On 31 January 2012, the Prosecution requested for the issuance of a subpoena pertaining to various alleged bank accounts of CJ Corona in PS Bank, rix: The HOUSE OF REPRESENTATIVES, through its PROSECUTORS, respectfully requests for the issuance of subpeona ad sestfcandum and subpoena duces tecum requiring, the person named below to attend and testify on the in hearings at the Senate Session Hall, Senate of the Philippines, Pasay Ci to the instant impeachment proceedings for the purpose of proving the allegations in paragraphs 2.2 and 2.3 of the impeachment complaint that respondent failed to declare his assets in his Statement of Assets, Liabilities and Net Worth, 1. The President/Manager/other PS Bank Authorized officers G/F PS Bank Center PS Bank TTT Paseo de Roxas Ave. cor. Sedeno Street Makati City “and/or any of the PsBank branches which may be herewith involved. And to bring with him/her on Wednesday, 1 February 2012 at 2:00 p.m. (or on such date and time as may be determined by the Honorable Impeachment Court), the original and certified true copies of the following: (@) Customer Identification and Specimen Signature Card(s) of the bank account(s) under the name RENATO CORONA which won PhP1 Million in Motion to Suppress Evidence Page 2 of 33the PSBank Monthly Millions Raffle Promo as listed in the Official List of Winners as of March 13, 2008, (0) Monthly Bank Statements from the time of opening to January 2012 of the bank account(s) under the name RENATO CORONA which won PhP1 Million in the PSBank Monthly Millions Raffle Promo as listed in the Official List of Winners as of March 13, 2008; (©) Other bank accounts, including time deposits, money market placements, peso/dollar accounts and the like, that are in the name of RENATO CORONA and/or CRISTINA CORONA: 2 On 1 February 2012, C} Corona opposed this request based on the following argumentation: . the Request is nothing more but a brazen attempt to introduce irrelevant and immaterial evidence in these proceedings in violation of CJ Corona’s right to due process.” 3. On 3 February 2012, the Prosecution filed a Supplemental Request for Subpoena/Reply dated 3 February 2012. praying for th suance a subpoena by virtue of photocopies of PSBank bank records allegedly belonging to C] Corona’ and related news commentaries," as follows: WHEREFORE, premises considered, it is respectfully prayed that this Honorable Court GRANT the Requess for Isuance of Subpoenae to the Bank of the Philippine Islands and PS Bank, as supplemented by the instant Supplemental Request for Subpoena, 4. On 6 February 2012, CJ Corona filed a Consolidated Opposition and Rejoinder arguing the following: Complainants’ Request seeks to circumvent this Honorable Court’s Resolution dated 27 January 2012 ce Request for Subpoenae dated 31 January 2012. )pposition dated 1 February 2012. ® Attached thereto as Annexes A to A. Attached thereto as Annexes B to C. ° Supplemental Request for Subpoena and Reply dated 6 February 2012. * Insofar as it tends to prove par. 24 of the Complaint, which was ordered deleted. Motion to Suppress Exidence Page 3 of 33