IMPEACHMENT TRIAL: Thursday, January 19, 2012

At 2:03 p.m., the hearing was called to order with Senate President Juan Ponce Enrile presiding.

 

THE PRESIDING OFFICER.  The impeachment trial of the Chief Justice Renato C. Corona of the Supreme Court is hereby called to order.  (Gavel)

We shall be lead in prayer by Senadora Pia S. Cayetano.

PRAYER

THE PRESIDING OFFICER.  The Secretary may now please call the roll of senators.

THE SECRETARY GENERAL.  The honorable Senators Angara; Arroyo; Cayetano, Allan Peter ‘Compañero’; Cayetano, Pia; Defensor-Santiago; Drilon, Ejercito-Estrada; Escudero; Guingona; Honasan; Lacson; Lapid; Legarda; Marcos; Osmeña, Pangilinan, Pimentel; Recto; Revilla; Sotto; Trillanes; Villar; the Senate President.

THE PRESIDING OFFICER.  With 13 Senators present in the Chamber, the Chair declares the presence of a quorum.  (Gavel)

Majority Floor Leader

SEN. SOTTO.  Thank you, Mr. President, may I ask the Sergeant-at-Arms to make the proclamation.

THE PRESIDING OFFICER.  The Sergeant-at-Arms may proceed.

THE SEARGENT-AT ARMS.  All presents are commanded to keep silent under pain of penalty while the Senate is seating in trial on the articles of impeachment against Chief Justice Renato C. Corona.

THE PRESIDING OFFICER.  Majority Floor Leader.

SEN. SOTTO.  Mr. President, I move that we take up at a later hour the Journal of the January 8, 2012 proceedings of the Senate, seating as an Impeachment Court.

THE PRESIDING OFFICER.  Is there any objection?  (Silence)  The motion is approved.  (Gavel)

The Secretary will please call the case before the Senate seating as Impeachment Court.

THE SECRETARY GENERAL.  Case No. 002-2011 in the matter of impeachment trial of honourable Chief Justice Renato C. Corona.

THE PRESIDING OFFICER.  Majority Floor Leader.

SEN. SOTTO.  Mr. President, may we ask the parties and/or their respective counsel to enter their appearances.

REP. TUPAS.  Mr. President, Ladies and Gentlemen of the Senate, good afternoon.

For the House of Representatives Prosecution panel, same appearances, Your Honors.

THE PRESIDING OFFICER.  How about the defense?

JUSTICE CUEVAS.  Mr. President, the same counsel for the defense enters its appearance as counsel for the respondent, Your Honor.

THE PRESIDING OFFICER.  Make of record the appearances.

SEN. SOTTO.  Mr. President.

THE PRESIDING OFFICER.  Majority Floor Leader.

SEN. SOTTO.  We are now ready for the continuation of the presentation of evidence by the prosecution on Article II of the articles of impeachment.

THE PRESIDING OFFICER.  Is the prosecution ready?

REP. TUPAS.  Yes, Mr. President, we are ready.

THE PRESIDING OFFICER.  Please proceed and call your witness.

REP. TUPAS.  We are calling our first witness for today, the register of deeds of the city of Taguig.

THE PRESIDING OFFICER.  Let the witness prepare to take the witness stand and let the clerk of court administer the oath.

Trial suspended until the witness enters the room.

It was 2:08 p.m.

At 2:12 p.m., the session was resumed.

THE PRESIDING OFFICER.  Trial resumes.  Mr. Counsel, where is your witness?

REP. TUPAS.  We were informed, Mr. President, that the witness is here but he is just in the holding room.  He is here.  He is here, Mr. President.

THE PRESIDING OFFICER.  Thank you.  Kindly put him on the witness stand so that the oath will be administered to.

THE SECRETARY.  Do you swear to tell the truth and nothing but the truth in this impeachment case of Justice Renato C. Corona?

ATTY. ROTAQUIO.  Yes, Ma’am.

THE SECRETARY.  So help you God.

ATTY. ROTAQUIO.  So help me God.

REP. TUPAS.  Your Honors, to conduct the direct-examination is Congressman Barzaga.

THE PRESIDING OFFICER.  Please let the witness state his personal circumstances for the record and qualify him.

REP. BARZAGA.  Mr. Witness, please state your name, age, and other personal circumstances.

ATTY. ROTAQUIO.  I am Attorney Randy A. Rostaquio.  I am the Register of Deeds of Taguig, Pateros.

REP. BARZAGA.  May we formally offer the testimony of the witness, Your Honor.  The witness will testify that he is the Register of Deeds for the City of Taguig.  He will also testify that he came to this court by virtue of a subpoena issued by the honourable impeachment court.  He will also testify that pursuant to the subpoena, the documents indicated therein were brought by him.  He will also testify with regard to his principal duties as register of deeds.  And finally, he shall identify the documents which he shall present.

THE PRESIDING OFFICER.  Proceed.

REP. BARZAGA.  May it please the honourable court.  Mr. Witness, a while ago that you are the Register of Deeds for the city of Taguig.  Could you please inform us what are your principal duties and responsibilities as Register of Deeds for the city of Taguig?

ATTY. ROTAQUIO.  Your Honor, sir, we are the custodian of the records of land titles in the city of Taguig and Pateros.  We are also mandated by law to register all documents affecting the lands therein.

REP. BARZAGA.  Well, Mr. Witness, could you please tell us the reason, if any, why you are present this afternoon before this impeachment court?

ATTY. ROTAQUIO.  I was subpoenaed, sir, by the impeachment court to testify and to bring documents.

REP. BARZAGA.  You stated that you were subpoenaed by this impeachment court for today’s hearing.  Do you have a copy of that subpoena?

ATTY. ROTAQUIO.  Yes, Your Honor, I will look for it..  Please excuse me because I have many documents here.  Because with markings of the documents and the

THE PRESIDING OFFICER.  The subpoena issued by this court required you to produce certain documents.  Did you bring the documents with you?

ATTY. ROTAQUIO.  Yes, Your Honor.

THE PRESIDING OFFICER.  And they are in your possession right now in the courtroom.

ATTY. ROTAQUIO.  Yes, Your Honor.

THE PRESIDING OFFICER.  Please, counsel, present them properly for the record.

REP. BARZAGA.  Okay.  In this subpoena issued by this honourable impeachment court , in number one…

ATTY. ROTAQUIO.  Excuse me, sir, I have the subpoena right now.

REP. BARZAGA.  In the subpoena which you have given to this Representation  in number one, letter A, you were required to present TCT No. 5582 in the name of Cristina R. Corona married to Renato C. Corona.  Do you have a copy of this TCT No. 5582 mentioned in 1-A of the subpoena.

ATTY. ROTAQUIO.  Yes, Your Honor.  I have these documents, sir, subpoenaed to be brought here before the court.

THE PRESIDING OFFICER.  Is that document the original TCT in the Register of Deeds or a verified copy?

REP. BARZAGA.  May I continue, Your Honor.  You have presented to this Representation an original copy of condominium Certificate of Title  No.  5582.  Did you bring any photocopy of this condominium Certificate of Title No. 5582?

ATTY. ROTAQUIO.  Yes, sir, I have brought a photocopy of the condominium Certificate of Title No. 5582.

REP. BARZAGA.  At this juncture, Your Honor, I earnestly request the counsel for the defendant to compare the photocopy which was presented to me as compared to the original in order to make a stipulation whether or not the photocopy represents a faithful reproduction of the original.

THE PRESIDING OFFICER.  The counsel for the defense may do so if he wishes to enter into a stipulation of facts.

JUSTICE CUEVAS.  Atty. Montano is here, Your Honor, a member of the defense panel is examining both documents.  Your Honor please, Mr. President, we wanted to state for the record and for expediency of the proceedings being undertaken by this impeachment court, that if the purpose of comparing is to effect a substitution, may we ask that the substitution be made later, Your Honor.  Because we will be dealing with so many documents, then, every document, Your Honor, will require some time for purposes of comparison, comment, and so on.  But if the totality or all the documents are already marked, identified by the witness, then, we can make the comparison later, Your Honor.

REP. BARZAGA.  Thank you very much for that manifestation.

THE PRESIDING OFFICER.  What is the pleasure of the prosecution?

REP. BARZAGA.  Well, considering the manifestation made by the defense counsel, I am withdrawing my question with regard to the stipulation regarding whether or not the certified true copy is a true and faithful reproduction of the original.

I would proceed with my subsequent questions, Your Honor.

THE PRESIDING OFFICER.  Proceed.

REP. BARZAGA.  Well, could you please, this honorable court, what document did you rely on for the issuance of this condominium certificate of title number 5582?

JUSTICE CUEVAS.  No basis, Your Honor.  There is no statement on record by the witness that it was he who mad or who drafted the document.  All that the witness stated before this honorable court is that he brought the document subject matter of the subpoena duces tecum.

REP. BARZAGA.  I will reform the question, Your Honor.  Mr. Witness, awhile ago, you stated that you are the register of deeds for the city of Taguig, and you also stated that one of your duties is the issuance as well as possession of certificates title with regard to lands or condominiums situated in the city of Taguig.

Right now, you have presented condominium certificate of title no. 5582, could you please tell us the reason, if any, why this condominium certificate of title no. 5582 came into existence.

JUSTICE CUEVAS.  Not within the competence of the witness, Your Honor.  In the narration of his functions of his office, Your Honor, there is never a statement to the effect that it is he who is responsible for the issuance, preparation and drafting of this document, Your Honor.

All that I recall the witness having stated is that he has in his custody, the documents required by the subpoena.  So, no basis, Your Honor.

REP. BARZAGA.  I will reform again the question, to satisfy the curiosity of the defense counsel.

JUSTICE CUEVAS.  It is not my curiosity.  That is what the law provides.

REP. BARZAGA.  I will reform the question, Your Honor.

THE PRESIDING OFFICER.  Avoid personalities.  Just lay the basis.  What is the basis of the possession of the register of deeds of the CCT.

REP. BARZAGA.  Can I ask the question?

THE PRESIDING OFFICER.  Yes.  Proceed.

REP. BARZAGA.  Awhile ago, you mentioned that you came to this court by virtue of a subpoena.

ATTY. RUTAQUIO.  Yes, Your Honor.

REP. BARZAGA.  In paragraph 2 of the subpoena, and I read, original and/or certified true copies of all documents pertaining to the acquisition, disposition, ownership or enjoyment of the properties covered by the above listed TCTs and CCTs, including but not limited to the following:  Deed of absolute sale, deeds of conditional sale, deeds of donation, deeds of assignment or transfer, contracts of lease, certifications authorizing registration issued by the Bureau of Internal Revenue and other documents related to the foregoing.

My question is, did you present any deed of sale?  Did you present or did you have right now any deed of sale as required by the subpoena.

JUSTICE CUEVAS.  You mean, Your Honor, that if he has in his possession, because the witness is being asked, did you present?  There is no presentation.

REP. BARZAGA.  No, no.  Not yet.  I withdraw that.  If he has in his possession right now, pursuant to the subpoena.

JUSTICE CUEVAS.  Thank you for the clarification, Your Honor.

THE PRESIDING OFFICER.  The witness may answer.

ATTY. RUTAQUIO.  Yes, Sir.  I have it in my possession.

THE PRESIDING OFFICER.  I think this court can take judicial notice of the fact that we have a Condominium Law and it is required that titles to condominium units are being registered and the registration is effected upon the presentation of a deed of absolute sale of the condominium to a particular party for registration.

ATTY. ROTAQUIO.  Yes, Your Honor.  I am trying to verify whether the deed of sale pertains to that.  Because I have in my possession now about a number of deeds of sale.

JUSTICE CUEVAS.  Witness examining the documents in his alleged possession, Your Honor.

ATTY. ROTAQUIO.  You must forgive me, sir, because they have not been marked …

JUSTICE CUEVAS.  No.  I am just making that of record.

ATTY. ROTAQUIO.  Thank you, sir.

JUSTICE CUEVAS.  I am not commenting on what you are doing.

ATTY. ROTAQUIO.  Will you please repeat your question, sir.

THE PRESIDING OFFICER.  May I suggest for an orderly presentation of the evidence.  That you mark for purposes of identification the documents pertaining to that title in sequence.  If that is a deed of sale, then the corresponding certificates …

ATTY. ROTAQUIO.  Yes, Your Honor.  We have done that.

THE PRESIDING OFFICER.  No.  No.  I am addressing this to the counsel for the prosecution.

REP. BARZAGA.  We would like to manifest, Your Honor, that there has been a pre-marking.

THE PRESIDING OFFICER.  So, will you kindly proceed and identify that documents supporting the CCT register and finally the CCT.

REP. BARZAGA.  Here is the deed of absolute sale regarding the Fort Bonifacio Development Corporation sale.

THE PRESIDING OFFICER.  Deed of sale of the selling corporation and to whom.

Trial suspended for one minute so that you can prepare.  The Chair would like to go through …

It was 2:28 p.m.

 

The trial was resumed at 2:32 p.m

THE PRESIDING OFFICER.  The trial is resumed.  Proceed.

REP. BARZAGA.  May I proceed, Your Honor.

THE PRESIDING OFFICER.  Proceed.

REP. BARZAGA.  Witness handing to this Representation a deed of sale dated November 29, 2005, the vendor being Fort Bonifacio Development Corporation, the vendees being Cristina Corona married to Renato Corona, the deed of sale covers a property situated in Taguig and the selling price

JUSTICE CUEVAS.  Mr. President, apparently there will be no necessity for this because it is not the testimony of the witness that will enable to identify this property but the very documents.  So the document will speak for itself, they have marked it.  Our assumption is they will present it as evidence, Your Honor.

THE PRESIDING OFFICER.  Let the prosecutor present his evidence anyway he is just describing from the document.  That is an indication of variance of his description with the contents of the document.

JUSTICE CUEVAS.  Thank you, Your Honor.  What I just wanted to object is the time consumption, Your Honor, because the identity of the document is mentioned in the document itself.

THE PRESIDING OFFICER.  I leave it to the prosecutor to present his case.

JUSTICE CUEVAS.  Thank you, Your Honor.

REP.BARZAGA.  Thank you very much for that very grateful allowance coming from the Senate President. May I just make it of record, Your Honor, that actually, the—why we have some trouble insofar as arranging the documents are concerned, I was informed by the city assessor that before the start of the trial—by the city register of deeds that before the start of the trial, he was required to have his documents be photocopied, and therefore, he was not able to arrange it properly, in order to have a systematic presentation of his documents.

THE PRESIDING OFFICER.  Correct.  Normally, in the ordinary course of business, the registerable document is the deed of sale for which the CCT is issued and that is why, I was suggesting that you follow the order of the sequence of evolution of titling.  So proceed.

REP. BARZAGA.  Well, aside—in the subpoena, it is also provided for you to present the CCT no. 1642010062 in the name of spouses Christina Corona and Renato Corona.  Do you have the original of that CCT?

ATTY. RUSTAQUIO.  We have the certified copy of the CCT Sir.

THE PRESIDING OFFICER.  Where is the original?

ATTY. RUSTAQUIO.  The original is not required anymore Sir, because we are under the computerized system of land registration already.

THE PRESIDING OFFICER.  Is it in the possession of the land registration office?

ATTY. RUSTAQUIO.  Actually, Sir, it is stored in our database.

THE PRESIDING OFFICER.  Correct.  But still, in the possession of the land registration office, under the responsibility of the land registration office, as a custodian.

ATTY. RUSTAQUIO.  Yes, Sir, but there is no physical title anymore, under the land registration system.

THE PRESIDING OFFICER.  Because it is computerized

ATTY. RUSTAQUIO.  Yes, Sir.

THE PRESIDING OFFICER.  Now, for clarification, who did the inscription of the regional title in the computer?

ATTY. RUSTAQUIO.  Our office did Sir, because we are the ones who are processing in the registry of deeds of Taguig, where the land is located, where the lot is located.

THE PRESIDING OFFICER.  Who did the inscription into the computer, of the original title?

ATTY. RUSTAQUIO.  The encoder, Sir, the encoder clerk, because it undergoes a process, from the entry, to the payment of the fees, and to the encoding clerk, and then to the land registration.

THE PRESIDING OFFICER.  Can you describe to us the manner by which the title, a condominium title reaches your computer system, so that we will understand, the public would like to understand this.

ATTY. RUSTAQUIO.  Yes, Your Honor.

Ordinarily, a deed of sale is presented to us for registration by anyone of the parties.  And then, …

THE PRESIDING OFFICER.  Normally, the one that presents to you is the buyer.

ATTY. RUSTAQUIO.  Nobody, Sir, it is the developer in our case, Sir, the owner of the condominium corporation, usually.

THE PRESIDING OFFICER.  Okay.

ATTY. RUSTAQUIO.  And then, after that, registry information officers goes through the documents and then it is referred to our entry clerk and when the documents are in order, she processes it and then it goes to our cashier so that the payment of the required fees for the government will be paid.  And after that, the cashier gives it to our encoding employee whereby the entries in the sale in the document are processed, and after that it goes to the land registration examiner and for the examination of the document for propriety and to see to it that all requirements for registration are present.  And after that, it goes to the register of deeds for approval and for final examination of the documents and the requirements.  And after that, this is approved, it is being printed and then uploaded, meaning…

THE PRESIDING OFFICER.  What is being printed?

ATTY. ROSTAQUIO.  The owner’s copy, sir.  The owner’s copy of the document.

THE PRESIDING OFFICER.  The title already.

ATTY. ROSTQUIO.  Yes, sir, yes, sir.  After approval, the title …

THE PRESIDING OFFICER.  The title based on the deed of sale.

ATTY. ROSTAQIO.  Yes, sir.  Yes, Your Honor.

THE PRESIDING OFFICER.  And it describes the condominium unit titled to the buyer and that is entered into the condominium certificate of title.

ATTY. ROSTAQUIO.  Yes, Your Honor.  The details of the registered owner and the area of the lot or the condominium and other pertinent details, sir.

THE PRESIDING OFFICER.  And the certificate of condominium title is then entered into your computer.

ATTY. ROSTAQUIO.  Yes, sir.

THE PRESIDING OFFICER.  So, therefore, what happens to the hard copy of the certificate of the condominium title from whom you copied the data inscribed into your computer?  What happens to it?  Is it given to the owner?

ATTY. ROSTAQUIO.  The owner’s copy, sir, is given to the owner.  The owner’s copy of the title is released to the owner, to the buyer.

THE PRESIDING OFFICER.  What is released, the one from whom you copied the data entered into the computer?

ATTY. ROSTAQUIO.  Because, sir, when there is a sale or a deed of conveyance, the title of the seller is already cancelled and so, ultimately, the certificate of title which is issued is already in the name of the buyer.  And that is the title which is released to the buyer bearing the name of the new owner.

THE PRESIDING OFFICER.  What I am referring to is the source of the data that is being entered into the computer.  Is it the copy held by the condominium owner or is that an official copy in the possession of the registry of Deeds.

ATTY. ROTAQUIO.  Actually, sir, that details in the new title are copied in the old title.

THE PRESIDING OFFICER.  Old title.

ATTY. ROTAQUIO.  The title of the seller, sir.

THE PRESIDING OFFICER.  It is from the seller.

ATTY. ROTAQUIO.  Yes, sir.  The details that the area and the other titles from the title of the seller, sir.

THE PRESIDING OFFICER.  So it is liken to the OCT.

ATTY. ROTAQUIO.  Yes, Your Honor.

THE PRESIDING OFFICER.  Alright.  Now, then the only variant is the name of the owner because the old title carries the owner of the developer.

ATTY. ROTAQUIO.  Yes, Your Honor.

THE PRESIDING OFFICER.  And now when it is sold by the developer, the title of the developer is cancelled and in lieu thereof a new condominium certificate of title is issued in the name of the condominium owner.

ATTY. ROTAQUIO.  Exactly, Your Honor.

THE PRESIDING OFFICER.  And the details of data of the old title in the title given to the condominium owner is identical except the name of the owner.

ATTY. ROTAQUIO.  That is true, Your Honor.

THE PRESIDING OFFICER. And the data inscripted in the computer are the same except for the ownership.

ATTY. ROTAQUIO.  Exactly, Your Honor, sir.

THE PRESIDING OFFICER.  Proceed.

REP. BARZAGA.  Did you also bring with you CCT No. 164201000063 in the name of the spouses Christina Corona and Renato Corona?

ATTY. RUTAQUIO.  Yes, Your Honor.

REP. BARZAGA.  Do you have a copy of that title right now?

ATTY. RUTAQUIO.  Yes, Your Honor.

REP. BARZAGA.  What about a copy of CCT No. 1642011000064 in the name also of the spouses Christina Corona and Renato Corona?

ATTY. RUTAQUIO.  We have it in our possession, Your Honor.

REP. BARZAGA.  What about CCT No. 1642010000065 also in the name of spouses Christina Corona and Renato Corona?

ATTY. RUTAQUIO.  Yes, Sir, we have it.

REP. BARZAGA.  Do you have in your possession right now the document which became the basis for the issuance of these titles starting  with CCT No. 164-201000062 up to 65?

THE PRESIDING OFFICER.  The question is, do you have …

ATTY. RUTAQUIO.  Yes, Your Honor.  I have the deed of absolute sale.

REP. BARZAGA.  Can you present the deed of absolute sale right now to this Representation?

ATTY. RUTAQUIO.  Yes, Sir, I have the original of the deed of absolute sale.

REP. BARZAGA.  Just for the record, Your Honor, I would be making a brief description of the deed of absolute sale just handed to me by the witness.

THE PRESIDING OFFICER.  Proceed.

REP. BARZAGA.  The deed of absolute sale pertains to the so-called Bellagio Goldview Residences with Megaworld Corporation appearing as seller and with the spouses Christina Corona and Renato Corona being the buyers.  The subject matter of the sale are actually One Tower identified as Unit 38-B covered by CCT No. 19497 with an area of 303.50 square meters.  And also, the parking slot with No. 50, Basement 2, No. 51, Basement 2, No. 52, Basement 2, and covered by CCT No. 19651 with an area of 12.50 square meters, 19652 with an area of 12.50 square meters and parking slot No. 3 with No. 52, Basement 2 covered by CCT No. 19653 with an area of 12.50 square meters.

And for the record also, I would like to manifest that the selling price as indicated in this deed of absolute sale is P14,510,225.00.

For the record also, I would like to manifest that this deed of absolute sale is dated December 16, 2009. And further, I would like to make the manifestation, Your Honor, that in the SALN which was presented yesterday, and identified these two Taguig properties were declared for the first time in the SALN of respondent Chief Justice for the year 2010.

JUSTICE CUEVAS.  I move to strike out, Your Honor, please, I am moving to strike out all the subsequent manifestations because these are opinions of the counsel, Your Honor.

THE PRESIDING OFFICER.  And besides, that is to be initiated from the …

JUSTICE CUEVAS.  The witness, Your Honor.

THE PRESIDING OFFICER.  … witness.

JUSTICE CUEVAS.  Thank you, Your Honor.

THE PRESIDING OFFICER.  Motion granted.

REP. BARZAGA.  Mr. Witness.

THE PRESIDING OFFICER.  Just for clarification, one condominium was bought with three parking slots.  Correct?

REP. BARZAGA.  Yes, Your Honor.

THE PRESIDING OFFICER.  Covered by separate titles.  And all of these separate titles were included in the listing of properties attributed to the Chief Justice.  Correct?

REP. BARZAGA.  Yes, Your Honor.

THE PRESIDING OFFICER.  Alright.

REP. BARZAGA.  You were also required to present or to bring before this court TCT No. 989, in the name of the spouses Christina Corona and Renato Corona.

Do you have that TCT?

ATTY. RUTAQUIO.  May I see the subpoena, Sir, please, because previously, I have arrange this and it was complete but we had these markings this morning …

I have a copy of TCT No. 989, Sir, but it is in the name of MegaWorld Corporation, and it is a cancelled title, Sir.

REP. BARZAGA.  You were also required to present TCT No.—to bring with us.

THE PRESIDING OFFICER.  Just a minute, for the—for clarification, what is that title cancelled?  In whose name was it?

REP. BARZAGA.  For the record, Your Honor, …

JUSTICE CUEVAS.  I think the question is addressed to the witness, Your Honor.

THE PRESIDING OFFICER.  Yes.

JUSTICE CUEVAS.  Well, to the witness.

REP. BARZAGA.  With my apologies.

ATTY. RUTAQUIO.  It is in the name of MegaWorld, the registered owner is the MegaWorld Corporation, Sir.

THE PRESIDING OFFICER.  And it was cancelled.

ATTY. RUTAQUIO.  It is already a cancelled title Sir.

THE PRESIDING OFFICER.  Do you know why it was cancelled?

ATTY. RUTAQUIO.  It was sold to the buyer.

THE PRESIDING OFFICER.  To the buyer, what buyer?

ATTY. RUTAQUIO.  Sir, may I see the document, please.

In our entry number 5459, there is the registration of a sale in favour of a certain Maria Czarina Corona and that is why it was cancelled, Sir.  That was transferred to …

THE PRESIDING OFFICER.  Wait a minute.  The rest of the subject matter of that title was sold to Cristina Corona.

ATTY. ROTAQUIO.  No, sir.  In accordance with our records, Sir, the buyer is a certain Maria Czarina R. Corona.

THE PRESIDING OFFICER.  Maria Czarina Corona.

ATTY. ROTAQUIO.  Yes, Sir.   Yes, Your Honor.

THE PRESIDING OFFICER.  And the one bought by Maria Czarina Corona is the subject matter of the CCT cancelled.

ATTY. ROTAQUIO.  It is a transfer certificate of title.  It refers to a parcel of land owned previously by Mega World Corporation and sold to  Madam Maria Czarina Corona.

THE PRESIDING OFFICER.  In lieu of the original title in the name of Mega World, what was the title number of the new TCT that was given to Maria Czarina Corona?

ATTY. ROTAQUIO.  It was cancelled, Sir, and it was sold to Maria Czarina Corona and accordingly a transfer certificate of title No. 2093-P was issued bearing the name of Maria Czarina Corona as registered owner, sir.

THE PRESIDING OFFICER.  So, that is not the property of the Chief Justice.  It is actually a property in the name of Maria Czarina Corona.

ATTY. ROTAQUIO.  Yes, Your Honor.

THE PRESIDING OFFICER.  Proceed.

REP. BARZAGA.  Well, actually, Your Honor, all the documents required as stated in the subpoena had already been presented by the witness.

THE PRESIDING OFFICER.  All the subpoenaed documents.

REP. BARZAGA.  Yes, Your Honor.  And some of the documents have already been previously marked before today’s hearing.

THE PRESIDING OFFICER.  Maria Czarina Corona is the correct name of the buyer.  Okay.  Mr. Witness.

ATTY. ROTAQUIO.  Yes, Your Honor.

THE PRESIDING OFFICER.  Okay.  Let the record be corrected.

REP. BARZAGA.  May I continue my statement, Your Honor.

THE PRESIDING OFFICER.  Proceed, please.

REP. BARZAGA.  Well, actually, as I have stated before, all the documents which have been the subject of the subpoena had already been presented.  Some of the documents had already been pre-marked before today’s hearing.  Unfortunately, due to lack of time, not all the marking was not completed.  And, therefore, we would like to manifest that after today’s hearing and before the start of the hearing next Tuesday, we shall continue with the marking of the exhibits which we were not able to mark this afternoon.

THE PRESIDING OFFICER.  And maybe, the Presiding Chair would suggest, subject to the conformity of the Senate, is that you make a written record of the markings formally to be presented to this Court so that we will not get lost.  And that that will be recorded in the records of the proceeding.

REP. BARZAGA.  We will do that, Your Honor.  That would be all for the witness, Your Honor.

THE PRESIDING OFFICER.  With the conformity of the defense.

JUSTICE CUEVAS.  Subject to the discretion of this honourable court, Your Honor.  Now, he is now temporarily closing under the ordinary rules of procedure in evidence, Your Honor, we can cross-examine only after the direct-examination had been terminated.  But in order to gain time..

THE PRESIDING OFFICE.  No, but this is a witness so since the prosecution is finished with the witness, it is proper for the defense now to conduct a cross-examination.

JUSTICE CUEVAS.  Precisely, Your Honor, we will be asking for authority and information to be allowed to conduct our cross-examination, Your Honor.

THE PRESIDING OFFICER.  Proceed.

JUSTICE CUEVAS.  Thank you, Your Honor.  Now, Mr. Witness, kindly go over the subpoena addressed to you before I will start asking you questions.

ATTY. ROTAQUIO.  Sir, may I have the document.  Thank you, sir.

JUSTICE CUEVAS.  Kindly examine it before  I proceed with my cross-examination.  Witness examining the document, Your Honor.

ATTY. ROTAQUIO.  I have examined it already, Your Honor.

JUSTICE CUEVAS.  Alright.  Now, may I direct  your attention to a portion thereof which is “then and there to testify your knowledge in the case which is before this honourable Senate.  Did you notice that?

ATTY. ROTAQUIO.  Yes, Your Honor.

JUSTICE CUEVAS.  Did you understand that you are supposed to testify and not merely bring the documents mentioned in the subpoena?

ATTY. ROTAQUIO.  Yes, Your Honor.

JUSTICE CUEVAS.  And you are required to testify based on your personal knowledge, I suppose.

ATTY. ROTAQUIO.  Yes, Your Honor.

JUSTICE CUEVAS.  Now I notice that in your answers into the direct examination you mentioned about the procedure relative to the issuance and the cancellation of titles involve in a particular request for registration.  Am I right?

ATTY. ROTAQUIO.  Yes, Your Honor.

JUSTICE CUEVAS.  Am I right to state that you have no personal participation in any of those proceedings?

ATTY. ROTAQUIO.  Please repeat the question, sir.

JUSTICE CUEVAS.  Am I right in understanding you that in the presentation, recording and so on that you described in your direct examination, you have no direct participation.

ATTY. ROTAQUIO.  Yes, Your Honor.

JUSTICE CUEVAS.  Alright.  So you do not know the incidents taking place during the process of registration.

ATTY. ROTAQUIO.  As the head of the office, I have the knowledge of the procedure, sir.

JUSTICE CUEVAS.  You mean you were present when those proceedings were being undertaken?

ATTY. ROTAQUIO.  Not personally, sir.

JUSTICE CUEVAS.  So what is the basis of your knowledge, that which have been reported to you only, is it not?

ATTY. ROTAQUIO.  That it has underwent the process because of the system…

JUSTICE CUEVAS.  But you are not answering my question.  My question to you is this—what is the basis of your knowledge in the process of registration that leads to the issuance of the titles that you brought before this honourable court?

ATTY. ROTAQUIO.  My basis, sir, is there is a process in the registration of the document and it will not reach the approval stage without going through the regular process in our public documentation.

JUSTICE CUEVAS.  But you are not answering…

REP. BARZAGA.  May we request, Your Honor, that the witness be allowed to complete his answer before additional questions should be propounded.

JUSTICE CUEVAS.  Go ahead.

THE PRESIDING OFFICER.  Counsel please, let the witness complete…

JUSTICE CUEVAS.  Thank you, Your Honor.  May I apologize to the learned counsel for the prosecution.  My question to you is what personal knowledge do you have in the matter of processes involving registration that you described in your direct examination.  Because you made me believe that all these were done by people in your office.  Am I right?

ATTY. ROTAQUIO.  That is true, sir.

JUSTICE CUEVAS.  Alright.  It is clear now that those proceedings had been undertaken by your people, employees under…

ATTY. ROTAQUIO.  That is true, sir.

JUSTICE CUEVAS.  Alright.  And what you know about this comes on reports that were submitted to you as head of the office?

ATTY. ROTAQUIO.  Actually, sir, in my previous answer, it will not come through the approval stage without undergoing the usual process of registration.  This goes through the entry clerk, the payment of the required fees and then to the land registration examiner and then recommending it for approval or denial at my stage, sir.

JUSTICE CUEVAS.  But that is not my question to you, Mr. Witness.  My question to you is your personal knowledge involving the proceedings that were undertaken for purposes of registration.

ATTY. RUTAQUIO.  Yes, Sir.

JUSTICE CUEVAS.  All right.

ATTY. RUTAQUIO.  What I can say is, my personal knowledge is that it went through the usual process as mandated in our office.  But if what you are asking me, Sir, is if I were personally there when it was entered, and then when it was presented to cashier at that time, my answer will be no, Sir.  Not in all cases.

JUSTICE CUEVAS.  All right.

ATTY. RUTAQUIO.  But in some cases, I was personally there, Sir.

JUSTICE CUEVAS.  All right.  Thank you then.

Now, among the documents that you identified today, will you kindly point to us where in any of those documents were you present in the entire process of registration of these documents?  I suppose none.

REP. BARZAGA.  Well, I think, Your Honor, that the counsel is giving an answer even before an answer is given by the witness.

JUSTICE CUEVAS.  That is part of my question.

THE PRESIDING OFFICER.  No, that is part of cross-examination.

REP. BARZAGA.  That’s two questions, Your Honor.  The questions should be one by one under the Rules of Evidence.

JUSTICE CUEVAS.  What is your ground of object—May I ask the ground of the objection, Your Honor?

REP. BARZAGA.  Because he is already arguing.

JUSTICE CUEVAS.  What the law provides is, state the objection only do not make an explanation.

REP. BARZAGA.  My objection is, Your Honor, is not before another question should be propounded, they witness should be first permitted to answer the previous question.

THE PRESIDING OFFICER.  All right.

REP. BARZAGA.  That’s my objection, Your Honor.  I learned that from my remedial law professor who happens to be no less than the defense counsel.

JUSTICE CUEVAS.  Maybe you were absent when I discussed that.

THE PRESIDING OFFICER.  Order.  Order.  (Gavel)  Order

JUSTICE CUEVAS.  Sorry, Your Honor.  I apologize.

THE PRESIDING OFFICER.  Will you kindly slice your questions minutely so that the witness will understand.

JUSTICE CUEVAS.  Thank you, Your Honor.  And thy shall be followed.

Among the many documents that you now brought before this court and identified, which one were you present throughout the entire proceedings?

ATTY. RUTAQUIO.  If your question is throughout the entire proceedings and in every step of the procedure, my answer will have to be no.

JUSTICE CUEVAS.  Thank you.

So, what you wanted to tell the honourable court in your testimony awhile ago under direct is that those procedures that you identified were the procedures to be undertaken before registration could be effected.  Am I right?

ATTY. RUTAQUIO.  Yes, Your Honor.

JUSTICE CUEVAS.  All right.  And with that, you are referring to the legal procedures pertaining to your office.  Am I right?

ATTY. RUTAQUIO.  Yes, Your Honor.

JUSTICE CUEVAS.  All right.  And you presume that that they were followed religiously by the persons under your responsibility or command.  Right?

ATTY. RUTAQUIO.  Of course, Your Honor.

JUSTICE CUEVAS.  Yes, Sir.  All right.  Now, may I call your attention to the document, may you kindly go over those documents you identified and kindly tell this honourable court which of the documents pertained to the parking lots insofar as that condominium you mentioned awhile ago.

At this juncture, Your Honor, if we may be permitted.

THE PRESIDING OFFICER.  Proceed.

JUSTICE CUEVAS.  Apparently, these documents presented in today’s proceedings, Your Honor, together with the testimonial evidence of the witness, we are made to believe that this is in support of the paragraph in the impeachment complaint regarding alleged illegally acquired wealth under Article II of the impeachment.

THE PRESIDING OFFICER.  We have to ask the prosecution the purpose for which this witness is presented and I think he stated that in the beginning of his presentation.  He narrated the purpose for which the witness was being asked to testify.

JUSTICE CUEVAS.  Your Honor, please, may we continue.

THE PRESIDING OFFICER.  Yes, please.

JUSTICE CUEVAS.  Alright.

I was intently listening to the offer of the counsel before the witness started testifying and I saw—there was no categorical statement that this is for purposes of reimproving that aspect in the complaint dealing with alleged illegally acquired wealth.  That is why I am clarifying now, Your Honor.

THE PRESIDING OFFICER.  That is correct.  We can appeal to the record.  I think you are correct that he did not state what paragraph, this witness is supposed to testify on.

JUSTICE CUEVAS.  Because I am very sure, Your Honor, this is no longer in connection with the SALN which was alleged in the earlier testimony of the witnesses that were presented, but rather, a different aspect of the impeachment complaint, and that is the alleged acquisition of illegally acquired wealth.

Now, we made this manifestation, Your Honor, because we have a standing objection insofar as this.  And that was noted by Your Honor, …

THE PRESIDING OFFICER.  That is correct.

JUSTICE CUEVAS.  … in the records of the case.

THE PRESIDING OFFICER.  That is correct.

JUSTICE CUEVAS. Now our point is this, is there any compliance with the rule of pleadings and procedure that will warrant introduction of evidence in this particular issue.  Our answer is none, Your Honor.  Why?  Because—may we be allowed to go a little farther, Your Honor.  Paragraph 2.4, Your Honor, and with the permission of this honorable court, may I be allowed to read, “Respondent is likewise suspected and accused of having allegedly acquired ill-gotten wealth.  Acquiring assets of high values and keeping bank accounts with huge deposits.  It has been reported that respondent has among other things, 300 square meter apartment in a post MegaWorld development at Fort, in Taguig.  Has he reported this as it is constitutionally required under Article XI, Section 17 of the Constitution, in the statement of assets and liabilities and networth.  He is no longer testifying on the alleged SALN of the accused, Your Honor.

Now, I said, may I be allowed to go a little farther, Your Honor, I said that there could be no evidence that could be admitted in connection with this because there is no valid allegation of a course of action.  Why?  State the allegation with suspected of acquiring, mere suspicion does not suffice the rules of pleadings, Your Honor.

THE PRESIDING OFFICER.  Just to clarify, counsel, are you disputing the ownership of the 300 square meter apartment in the MegaWorld, supposedly owned by the respondent?

JUSTICE CUEVAS.  May I now answer, Your Honor.

THE PRESIDING OFFICER.  Yes.

JUSTICE CUEVAS.  I have not gone that far, Your Honor.

My point is this.  There can be no offer, much less, any reception of evidence on this particular allegation.  Why?  Because there is no compliance with the rules of pleadings.  And if there is none, then, there could be no evidence that could be presented in support thereof, the entire complaint is a nullity.  No course of action, no relief can be granted.

That is not the statement of Justice Cuevas, that is the jurisprudence on the point, Your Honor.

REP. BARZAGA.  May I respond, Your Honor.

JUSTICE CUEVAS.  I am not yet through, Your Honor.

THE PRESIDING OFFICER.  Yes.  Let the counsel …

REP. BARZAGA.  Yes, Your Honor.

JUSTICE CUEVAS.  Now, if the purpose is solely to determine whether he has filed his—Justice Corona have filed his SALN, I see nothing in the evidence now being presented.  They were the subject matter of the evidences presented yesterday.  We took note of that.

But in this particular instance—now how do we determine the sufficiency of an allegation or a course of action.  The jurisprudence on the point say, if on the basis thereof, a plea of guilty in criminal cases or confession in civil cases, there could be a valid judgment that could be rendered against the party, against whom the allegation or imputation had been made, then there is a valid pleading, sufficient enough to place the person accused on his defense.  Now, my question is this, how can there be a valid judgment when the basis of the allegation is suspicion.  Hindi ho ba masyadong…we are trying a Chief Justice of the Republic of the Philippines, the highest official in the judicial department of government on the basis of an allegation of suspicion and secondly, on the basis of alleged report.

THE PRESIDING OFFICER.  Let us take this one by one.

JUSTICE CUEVAS.  Yes, Your Honor.

THE PRESIDING OFFICER.  In the case of the 300 square meter apartment, is that included in the SALN of the Chief of Justice?

JUSTICE CUEVAS.  That was included.  In fact …

THE PRESIDING OFFICER.  If that is included, anyway, that is an admission on the part of the Chief Justice that he owns that apartment.  We are not talking of offer of proof yet, no.  But I am just saying this.  So, as far as this Chair is concerned, and as far as the 300 square meter plus apartment is concerned, I think any question regarding this is proper.  But with respect to the acquisition of assets of high value, and the existence of bank accounts, I agree with you that would be a questionable allegation.  So, we will deal with that when the offer of proof is reached.  At the moment, we are just talking about the documents that were subpoenaed.

JUSTICE CUEVAS.  With the kind indulgence of this honourable Presiding Judge.  I raised that point, Your Honor, because we are now in the stage of proof and no longer allegation.  If we follow the pertinent jurisprudence of the point, there can be no proof that could be offered, much less accepted, and utilized in deciding this issue on the basis of a non-existent allegation.  Because when the allegation is not in accordance with what the law on pleadings requires it is as though it had not been made, nothing  exists, no relief can be had, Your Honor.  That is my point of objection, Your Honor.  I am not questioning the statement relative to the 300 square meter condominium, Your Honor, in fact …

THE PRESIDING OFFICER.  In fact, there is an admission against the interest made by the Chief Justice on this because he admitted publicly that he owned.

JUSTICE CUEVAS.  Yes, Your Honor.  In fact, if Your Honor will remember, with the kind indulgence of the honourable court, we even made that a part of our evidence, Your Honor.  But, the purpose is not to prove that he acquired it but that he had complied with the requirements of law relative to the filing and submission of SALN.  Nothing more.  Not on the issue of ill-gotten wealth.  Just to make my point clear, Your Honor.

THE PRESIDING OFFICER.  Correct.  Correct.  I agree, Mr. Counsel.  I agree with you that you can register you continuing objection to any introduction of evidence with respect to ill-gotten wealth and with respect to the existence of huge amounts of money in the bank.  But whether we will admit those evidence when they are offered, during the period of offer of evidence, is something else.

JUSTICE CUEVAS.  May I now be allowed to … with your indulgence, Your Honor.  Besides, the witness now is not here only on the issue of subpoena ad testifcandum.  Also to testify .. if the honourable Chairman will notice, I made him read the order for him to appear, not merely to bring the documents stated in there, described in there, but to testify.  And since this will involve testimonial evidence, our law on procedure and evidence states the moment it is testimonial evidence, right at the first time the witness takes the stand, the offer is being made.

THE PRESIDING OFFICER.  Then you can object to any reference to ill-gotten wealth and the Chair will make a ruling.

JUSTICE CUEVAS.  Thank you, Your Honor.  I was about to raise that, Your Honor, at the start, but fearful of the apprehension that may be generated, that we are delaying the proceeding, we have chosen to keep silent on that particular issue.  Thank you very much, Your Honor.

REP. BARZAGA.  Your Honor, may the prosecution respond.

THE PRESIDING OFFICER.  Proceed.

REP. BARZAGA.  Well, Your Honor, it has been always the consistent position of the defense that there is no allegation of ultimate facts.   And I read paragraph 2.3, Your Honor, in our complaint.  It is also reported that some of the properties of respondent are not included in his declaration of his assets, liabilities and net worth in violation of the Anti-Graft and Corrupt Practices Act.  For us, this is already the ultimate fact.  If the counsel for the defense requires us to state the properties which were acquired in violation of the Anti-Graft and Corrupt Practices Act, then the enumeration of these properties would be considered as evidentiary fact.

Second, in paragraph 2.4, it is also provided that respondent is likewise suspected and accused of having accumulated ill-gotten wealth, acquiring assets of high values and keeping bank accounts with huge deposits.  That is also an ultimate fact.  If the counsel for the defendant would like us to state in the complaint the specific accumulated ill-gotten wealth, the assets of high values as well as the bank accounts, then that would be also an evidentiary fact.  And we have also to consider that insofar as this impeachment case is concerned, there are three pleadings which are already on the record of this impeachment court.  The number one is the complaint.  I have expressly read the pertinent provisions and the second pleading happens to be the answer of the respondent.  And what is stated in the answer of the respondent?  In paragraphs 2.3 and 2.4 in their answer, they stated complainant suspect and accused Corona of betrayal of public trust because he allegedly accumulated ill-gotten wealth, acquired high value assets and kept bank deposits with huge deposits not declared in SALN.  Paragraph 11.

THE PRESIDING OFFICER.  Wait a minute.  Was there an admission in the answer with respect to this supposed allegation?

REP. BARZAGA.  I will state, Your Honor please.  In the last sentence of paragraph 11 of their answer and I quote:  “At any rate, the allegations are flatly denied.”  The truth of the matter is that CJ Corona acquired his assets from legitimate sources of income mostly from his professional toils.  And let me state also what has been stated in our reply.  In our reply, page 25, paragraph 53.1, the complainants reserve the right to present evidence during trial on other expensive properties acquired by Corona and his family.  And, therefore, insofar as the law on pleadings is concerned, ill-gotten wealth is already an issue which has been joined as stated in the paragraphs which I have quoted in the complaint as well as the answer and as well as the reply.  And, therefore, we think that the contention that there has been no allegation of ultimate facts is entirely erroneous inasmuch as the ultimate facts have already mentioned and also it has been flatly denied in the answer.

THE PRESIDING OFFICER.  Anyway, are you through?

REP. BARZAGA.  Yes, Your Honor.

THE PRESIDING OFFICER.  Senator Pimentel.

SEN. PIMENTEL.  Thank you, Mr. President.

I am very much interested in the legal point raised by the lead defense counsel as to what amounts to a sufficient allegation in a complaint.  And if I remember correctly, Atty. Cuevas, the lead defense counsel, offered to submit a memorandum on this particular point of law.  And I think, Mr. President, we should welcome the offer for the submission of a memorandum on this particular point of law because at any rate this will not affect the hearing schedule.  And when we take up this question when you, I will anticipate, that when you object to the formal offer of evidence, then you have your memorandum to guide us before we resolve this particular issue.

JUSTICE CUEVAS.  We will do that, Your Honor.

SEN. PIMENTEL.  That’s my point, Your Honor, that we should welcome the offer of the defense and then if they do that, then of course, also the prosecution, for them to submit their memorandum on this particular legal point raised by the defense.

JUSTICE CUEVAS.  Thank you, Your Honor.

THE PRESIDING OFFICER.  Will you kindly allow the Chair to say something.

My understanding of the Rules is that, when a testimony is offered, the objectionable feature must be seasonably addressed by the opposing counsel in order that the objection can be recorded, so that the given this Rule, the Chair will allow the witness to answer questions with respect to the properties mentioned, subject to the continuing objection of the counsel for the defense with respect to the application of all of these questions in proving the issue of ill-gotten wealth, acquisition of assets of high value and accumulates keeping bank accounts with huge deposits, as well as some properties of the respondent not included in the SALN, because the proof of non-inclusion will be the document, the SALN.

So, with that, that is the ruling of the Chair.  (Gavel)

JUSTICE CUEVAS.  All right.  May I just make a one minute rebuttal, Your Honor, …

THE PRESIDING OFFICER.  Yes, please.  Proceed.

JUSTICE CUEVAS.  … on the manifestation of my colleague in the prosecution dealing with the sufficiency of the allegation of the complaint.  He made mention about the answer.  He made mention about the reply.  There is no such jurisprudence to that effect, Your Honor.  You determine the sufficiency or the course of action embodily complaint not through the answer, not through the reply, but on the very allegation stated in the answer.  That’s elementary.  I have been discussing that in my remedial law class.  Maybe some of my students were absent when I discussed it.  I made that clear.  That was also my lecture before the …

THE PRESIDING OFFICER.  Maybe some of your students were absent when you were lecturing on this point of law.

JUSTICE CUEVAS.  I hope not, Your Honor.

REP. BARZAGA.  May I just make a rejoinder, Your Honor.  Very short rejoinder.

THE PRESIDING OFFICER.  Please go ahead.

REP. BARZAGA.  As far as I can remember, when I was still in my law class, in the event that there is alleged insufficiency in the allegation of ultimate facts, the proper legal remedy would not be a motion to dismiss but a motion for a bill of particulars.

That would be all, Your Honor.

JUSTICE CUEVAS.  Thank you, Your Honor.

THE PRESIDING OFFICER.  What is the pleasure of the Gentleman from Taguig?

SEN. CAYETANO (A.).  Mr. Presiding Officer, Mr. Senate President, may I ask some questions to both counsels?

THE PRESIDING OFFICER.  The Chair made the ruling already.

SEN. CAYETANO (A.).  Yes, Your Honor.  This are clarificatory questions on the Article to the two counsels.

THE PRESIDING OFFICER.  Are you asking the two sides to answer questions?

SEN. CAYETANO (A.).  No, Your Honor.  I will ask the prosecution first some questions.

THE PRESIDING OFFICER.  Proceed.

SEN. CAYETANO (A.).  Thank you, Your Hnor.

Just to enable us to understand fully Article II, listening to the arguments of the defense, first of all, you said that the—In Article II, you said there is culpable violation of the Constitution and or betrayal of public trust when he failed to disclose to the public his statement of assets and liabilities.

Yesterday, all of the SALNs were presented.  So, is this institution now admitting that in fact it has been presented?  And the second, and the follow-up question, more important question, in your eyes or in the judgment of the prosecution, is this the disclosure that the law requires?

REP. BARZAGA.  No, it is not.

SEN. CAYETANO (A.).  First question, Your Honor, is that in fact, counsel, that your are admitting that he has in fact filed it.

THE PRESIDING OFFICER.  Just a minute, I am not trying to teach anybody how to—the counsel for the prosecution is rendering an opinion.  An acceptable proof in this proceeding must be under oath.  If you want to convert the prosecutor to testify on this particular point, then let him take the witness stand to stand.

SEN. CAYETANO.  (A.).  With all due respect, Mr. Presiding Officer, the Rules allows us to ask questions to both the defense and the prosecutor, to both the witness and also to the counsels.  The issue is whether or not Article II, in fact, if proven, will be a ground to impeach the President.  So, I am actually only laying the groundwork to impeach the Chief Justice.  Actually Sir, I am going to the question of 2.3 after he answers the first few questions.  I just like to clarify what they are accusing the CJ of, so, this will help me in my final judgment later on, of whether or not the Chief Justice could be held guilty of the charge in Article II or whether Article II is a non-charge at all or is not grounds at all to impeach him, as brought up by the defense counsel.

So, actually, my question is not evidence and about the witness, but I am trying to figure out what the prosecutors are charging the Chief Justice of.  I just have to be fair.  I asked the defense hard questions, if they are asking for a subpoena, I believe in their cause, but now that I have some doubts on their allegations, Mr. Presiding Officer, I just like them to clarify some matters.

THE PRESIDING OFFICER.  Precisely, the ultimate fact to be considered here is the issue of disclosure.  And the question asked was whether the counsel for the prosecution considers this submission of the SALN as the disclosure provided by law.  He is being asked to interpret the law without taking an oath as a witness, and that is why, I am calling the attention of the Gentleman that that is improper.

SEN. CAYETANO (A.).  With all due respect, I do not think it is improper because that is precisely their charge, that the SALN was not disclosed.

And if I was allowed to asked the question, my second question was, because they were surprised yesterday, and they admitted, it is the first time they saw the SALN, now that they saw it, and now that it has been filed, are they still charging that it has not been disclosed because it should be disclosed in a certain manner, or are they now saying that now that they see it, they are going to focus on 2.3 and 2.4, and I was going to ask, Your Honor, in 2.3, how can they know that there are properties not included in the SALN if in fact, they have not seen the SALN yet.

That could have been the flow of my questions, Your Honor, if i would be allowed to just ask him those questions.  If does not have any evidentiary value, so be it, but it will allow me to understand their charge.

THE PRESIDING OFFICER.  Alright.  Anyway, the manner of disclosing is provided by law.

SEN. CAYETANO (A.).  Well, actually, the Senate President answered the question.  The manner of disclosing …

REP. BARZAGA.  Can I expound?  Can I amplify my answer?

SEN. CAYETANO (A.).  Yes,  please.

REP. BARZAGA.  To the question of the Honorable Senator Cayetano, he asked me, whether or not the disclosure made yesterday, we are already abandoning our allegation in 2.2, which provides that respondent failed to disclose to the public his statement of assets, liabilities and networth as required by the Constitution.

THE PRESIDING OFFICER.  Actually, what the question to you, and the record will bear me out, is the presentation of the SALN in accordance with the subpoena is the disclosure contemplated under the law.

REP. BARZAGA.  No.

THE PRESIDING OFFICER.  The disclosure is defined by law.

REP. BARZAGA.  Yes, Your Honor.

THE PRESIDING OFFICER.  Not your opinion.

REP. BARZAGA.  Yes, but let me state our position.  It was only yesterday that the disclosure was made.  As a matter of fact, the disclosure was made upon questions coming from the Senators.  The disclosure was made for SALN starting 2002 up to 2010, and it is our position that the disclosure of the SALN from 2002 to 2010, only on account of an impeachment complaint, is not in accordance with the disclosure provided by the law.

THE PRESIDING OFFICER.  Anyway, we will come to that at the proper time.  So, let us proceed with the trial.

SEN. CAYETANO. (A.).  Your Honor, may I finish my questions.

THE PRESIDING OFFICER.  You have …

SEN. CAYETANO. (A.).  I have two minutes, Your Honor.

The Constitution says that the disclosure is to be provided by law.  So, now, it is settled that he did file his SALN, assuming that that is not being disputed.  Republic Act that deals with SALN says that you can examine it anytime of the day, etc.  So, basically, what you are saying is because that was not allowed by the Supreme Court, then you are charging him for not disclosing it.  Do I get it correctly?

REP. BARZAGA.  Yes, Your Honor.  And I want also to emphasize that the reason why the Supreme Court did not disclose it is that they have a deliberation, they have an agreement not to disclose it in the public, and the respondent Chief Justice actually participated and took part insofar …

SEN. CAYETANO (A).  Now, to cut you off.  That is their defense and we will get there when their time is there.

REP. BARZAGA.  Yes.

SEN. CAYETANO (A.).  Now, it is just a preparation of my real question which is, in the third paragraph, which is part of the discussion now, 2.3 and 2.4, sabi ninyo dito, it is also reported that some of the properties of the respondent are not included in his declaration of assets and liabilities and networth in violation of the Anti-Graft and Corrupt Practices Act.  At iyon po, nirereklamo ng defense.  Hindi puwedeng reports.  And then sa next paragraph, suspected and accused.  Ang question ko po, paano ninyo po alam na mayroong properties na hindi kasama sa SALN kung hindi ninyo pa nakikita ang kanyang SALN.

REP. BARZAGA.  Well, actually, we were able to see the SALN of the Chief Justice yesterday considering that the SALN was …

SEN. CAYETANO (A.).  But  when you made the Articles of Impeachment po, hindi ninyo pa nakikita.

REP. BARZAGA.  Hindi pa naming nakikita.

SEN. CAYETANO (A.).  So, that is why you used the word reported.

REP. BARZAGA.  Yes.

SEN. CAYETANO (A.).  So that is why you used the word reported.

REP. BARZAGA.  Yes.

SEN. CAYETANO (A.).  Because you cannot get hold of it.

REP. BARZAGA.  Yes.

SEN. CAYETANO (A.).  I am just trying to understand why you used these words, 2.4, suspected and accused.  So, do you know if, in fact, … are you accusing the Chief Justice of accumulating ill-gotten wealth and acquiring assets of high value and huge deposits or not?

REP. BARZAGA.  We are charging him.

SEN. CAYETANO (A.).  Or you are just suspecting that he does have.

REP. BARZAGA.  We are charging him and our suspicion is based on the prevailing circumstances that we were not able to see the SALN of the Chief Justice.

SEN. CAYETANO (A.).  And through this trial, you will show us the evidence regarding that.

REP. BARZAGA.  Yes, Your Honor.

SEN. CAYETANO (A.).  So, what you are saying, Your Honor, is that because the SALN was available, you were constrained to use these words.

REP. BARZAGA.  Yes, Your Honor.

SEN. CAYETANO (A.).  But in your interpretation, this is sufficient to fulfil the requirements of having the ultimate facts.

REP. BARZAGA.  Yes, Your Honor.

SEN. CAYETANO (A.).  But the defense is disputing that.

REP. BARZAGA.  Well, we expect that, Your Honor.  Of course, the defense would not agree with our position.

SEN. CAYETANO (A.).  Just one question to the defense counsel.

JUSTICE CUEVAS.  Yes, Your Honor.

SEN. CAYETANO (A.).  Your Honor, in one Supreme Court decision, the Supreme Court held that the complaint is sufficient if it contains sufficient notice  of cause of action even if the allegation may be vague or indefinite or in the form of conclusions in which event the proper course would be to file a motion for bill of particulars.  I am just trying to understand your argument.  Are you saying, Your Honor, that there, use of the word suggested, means that there is no cause of action or sufficient notice, is it not cured because they used the word accused?

JUSTICE CUEVAS.  We knew very well about that jurisprudence, Your Honor.  And that applies only in actual civil cases but no in criminal prosecution.  For instance, one cannot be accused of having committed a crime on the basis of mere suspicion and so on down the line.  But you will probably ask.  But this is an impeachment proceedings, Your Honor.  My answer is, if we allow that kind of principle or rule to govern the impeachment proceeding, then it will be violative of the Constitution on the right of a person accused of procedural due process.  He is entitled to notice, he is entitled to present evidence in his behalf.

SEN. CAYETANO (A.P.).  What about the words “we accused”?  Does that cure it or do you take it separately from suspicion or you take it together?

JUSTICE CUEVAS.  If it is based on suspicion, that is no accusation at all, Your Honor.

SEN. CAYETANO (A.P.).  Thank you, Your Honor, and my time is up.

JUSTICE CUEVAS.  Thank you, Your Honor.

THE PRESIDING OFFICER.  Senator Escudero.

SEN. ESCUDERO.  Thank you, Mr. Senate President.

On the point raised by Senator Cayetano, I would have had questions to the witness but I do not think the cross-examination is over.  Congressman Barzaga.

REP. BARZAGA.  Yes, Your Honor.

SEN. ESCUDERO.  Kayo po ba o bahagi ho ba kayo sa nag-draft ng complaint na ito?

REP. BARZAGA.  Well, actually I was not.  But actually I read the complaint before I signed it.

SEN ESCUDERO.  I know, I know that is not my point  Sino po ba ang nagsulat nito dahil nais kong malaman iyong intension sa likod noong mga nakasulat sa complaint.  Sino po ba iyong nag-draft nito?

REP. BARZAGA.  Our lead prosecutor would be in a more competent position to answer that question, Your Honor.

SEN. ESCUDERO.  May I ask Congressman Tupas then who drafted and wrote?  And there is nothing wrong with it.  I understand the 188 did not and as long as they read it and that has been settled.  Sino po iyong nagsulat nitong complaint na ito?

REP. TUPAS.  Well, kami ang nagsulat niyan, Your Honors.

SEN. ESCUDERO.  Sino po “si kami”?

REP. TUPAS.  Mga Congressmen, merong ilang grupong Congressmen ang nag-research, mostly members ng Committee on Justice..

SEN. ESCUDERO.  You were a part of it.

REP. TUPAS.  Yes.

SEN. ESCUDERO.  I asked this, Mr. President, and may I ask that in the memorandum to be written by the defense and I presume the prosecution will also write its own memorandum on the subject matter…

REP. TUPAS.  Yes, we reserve our right to file a reply to that memorandum.

SEN. ESCUDERO.  Bilang hurado kasi nalilito ako ssa Article II, sa totoo lang.  Ang nakalagay sa Article II, the Chief Justice failed to disclose to the public his SALN, iyon lang ang nakalagay sa Article II.  Pero sa loob ng Article II, isinulat ninyo na maliban sa hindi ninyo idineklera, inilagay din ninyo  roon na hindi niya isinama lahat ng properties niya and there is a third allegation, that he amassed ill-gotten wealth.  These are three separate acts that he failed to disclose, that he did not include and that he amassed ill-gotten wealth.  Pagdating ho kasi ng botohan, boboto kami hindi sa hiwa-hiwalag na tanong na ito kung hindi sa isang article lang, Article II.  In your memorandum, can you kindly guide us, kailangan ba mapatunayan ninyo ang tatlong ito bago kami bumoto ng conviction dito sa artikulong ito?  Two out of three lang ba ang kailang ninyong patunayan?  Because in the ordinary course of events, each article must accuse the respondent of a singular separate act.  But Article II actually accuses the Chief Justice of three separate acts, the two not even mentioned in the title.  So can you guide us when we come to the point that we will be voting on how we will approach voting on this subject matter.  In your memorandum I will not seek an answer now from both counsels.  Pakibigay po sa amin ang inyong opinion kaugnay nito dahil two out of three ba, three out of three, one out of three dahil nais naming maliwanagan tungkol dito.

Thank you, Mr. President.

REP. TUPAS.  Gagawin po namin, Mr. Senate President.  Mr. Senate President, just a very short manifestation from the lead prosecutor.

THE PRESIDING OFFICER.  Proceed.

REP. TUPAS.  We observed, Mr. Senate President, that since yesterday, the distinguished lead counsel of the defense has not only been objecting to our questions which, of course, that is part of the right of the respondent but also lecturing us like, for example, Mr. Senate President, with respect to this issue, we are not  presenting yet, we are not yet offering the TCTs, the deed of absolute sale.  We are just actually marking it and the counsel for the defense is already objecting and it has already been stated by the Senate President that this is not yet time and we lost around one and a half hours because of this, Mr. Senate President.

THE PRESIDING OFFICER.  That is why I have already made a ruling.  So that there will be no question that we are trying to railroad this proceeding, I allow arguments to be heard by the people and by the audience so that they will understand what is going on. So, go ahead.

REP. TUPAS.  With that respect, Mr. Senate President, we submit, because we are just concerned that we might not be able to present all our evidence in a fair and reasonable manner if, for example, to drag like this, it becomes a question of technicality.

And I also would like to appeal to the lead counsel from the defense that—Appeal not in a legal term but appeal in a layman’s term to avoid unnecessary remarks, lecturing.  This is not really part of this process.  But I would love to listen to the distinguished Gentlemen, but not inside this impeachment tribunal.

Thank you.

THE PRESIDING OFFICER.  Anyway, Senator Drilon, you have—Let us finish this arguments and proceed with the trial.

SEN. DRILON.  Can we raise questions on the witness, Your Honor?  Just to appropriate?

THE PRESIDING OFFICER.  Yes, proceed.

SEN. DRILON.  And I hope counsel for the defense will not raise objections to my question.

Thank you, Mr. President.

Can the witness, again, state his name?  I have forgotten your name.

ATTY. RUTAQUIO.  Randy A. Rutaquio, Sir.

SEN. DRILON.  Randy Rutaquio.

ATTY. RUTAQUIO.  R-U-T-A-Q-U-I-O, Sir.

SEN. DRILON.  Mr. Rutaquio, you are the Register of Deeds of the City of Taguig?

ATTY. RUTAQUIO.  Opo.

SEN. DRILON.  Operationally, mayron po kayong control at supervision sa buong Tanggapan ng Register of Deeds ng Taguig?

ATTY. RUTAQUIO.  Yes, Your Honor.

SEN. DRILON.  Yung lahat po ng mga minarkahan sa ebidensiya ng mga titulo ay hawak nyo po bilang Register of Deeds ng Taguig.

ATTY. RUTAQUIO.  Opo.

SEN. DRILON.  Hawak ng opisina ninyo?

ATTY. RUTAQUIO.  Yes, Sir.  But not physically, but we have control.

SEN. DRILON.  Yes, but you have control for this.

ATTY. RUTAQUIO.  Yes, Your Honor.

SEN. DRILON.  All right.  And the documents that gave rise to this titles were processed under your authority?

ATTY. RUTAQUIO.  Yes, Your Honor, as the head of the office.

SEN. DRILON.  So that while you did not personally witness all the aspects of the process, you were familiar with the various transactions that led to the issuance of these documents/titles?

ATTY. RUTAQUIO.  Yes, Your Honor.

SEN. DRILON.  And, in fact, it is your decision as Register of Deeds that would finally cause the registration of these titles?

ATTY. RUTAQUIO.  Yes, Sir.  That is the approval stage, Sir.

SEN. DRILON.  All right.  And before approval, you reviewed all the documents.

ATTY. RUTAQUIO.  Naturally, Sir.

SEN. DRILON.  And you will confirm that based on your records, the titles you brought here this afternoon are all current titles?  Meaning that they are—The name appearing in the title that you have brought here is the current owner appearing in the title?

ATTY. RUTAQUIO.  Yes, Sir.  But I have also brought cancelled titles with me to be honest.

SEN. DRILON.  Now, I just would want to ask a specific question on one of the titles.  TCT No. 2093-P in the name of Czarina Corona.

ATTY. RUTAQUIO.  Yes, Your Honor.

SEN. DRILON.  Do you have a copy of the TCT?

ATTY. RUTAQUIO.  Yes, Your Honor.

SEN. DRILON.  Who is the seller?

ATTY. RUTAQUIO.  It is the Megaworld Corporation, Sir.

SEN. DRILON.  Is that in the deed of sale?

ATTY. RUTAQUIO.  Yes, Your Honor.

SEN. DRILON.  Do you have a copy of the deed of sale?

ATTY. RUTAQUIO.  Yes, Your Honor.

SEN. DRILON.  What is the date of the deed of sale?

ATTY. RUTAQUIO.  October 21, 2008, Sir.

SEN. DRILON.  Now, does the name Renato Corona appear in that deed of sale.

ATTY. RUTAQUIO.  No, Your Honor.

SEN. DRILON.  As Attorney-in-Fact, is there a Renato Corona?

ATTY. RUTAQUIO.  Yes, Your Honor.

SEN. DRILON.  So, it is Renato Corona acting as Attorney-in-Fact for Czarina Corona.

ATTY. RUTAQUIO.  Yes, Your Honor.

SEN. DRILON.  Thank you, Mr. President.

SEN. CAYETANO (P.).  Mr. President, just a clarificatory question, a follow-up actually of the question of Senator Drilon to the witness, I am just a little bit confused because the subpoena ad testificandum refers to TCT no. 2093-P, which I believed is the same TCT mentioned by Senator Drilon, correct?

And you mentioned that it is in the name of Czarina.

ATTY. RUTAQUIO.  Yes, Your Honor.

SEN. CAYETANO (P.).  So, the TCT mentioned in our subpoena ad testificandum refers to TCT no. 2093-P in the name of Ma. Christina R. Corona.  So, I just want to be clarified, is this a typo, are you talking about the same TCT?  Because the subpoena refers to TCT no. 2093-P, in the name of Ma. Christina Corona.  So, I am confused if we are talking about two different TCTs or was there a typo in the—do you have another TCT 2093-P in the name of Christina Corona?

ATTY. RUTAQUIO.  I believe, there is no other 2093.

SEN. CAYETANO (P.).  Okay.  So, it appears that this is a typographical error, and perhaps, we should correct our records.  So, the TCT no. 2093-P that you have is in the name of Ma. Czarina.

ATTY. RUTAQUIO.  Yes, Your Honor.

SEN. CAYETANO (P.).  And as clarified by Senator Drilon with CJ Corona as attorney in fact.  So, there is no TCT in the name of Ma. Christina Corona.

ATTY. RUTAQUIO.  Yes, Your Honor.

SEN. CAYETANO (P.).  Okay, thank you.

THE PRESIDING OFFICER.  Trial suspended for one minute.

It was 3:53 p.m.

The trial was resumed at 4:21 p.m.

THE PRESIDING OFFICER.  The trial is resumed.

Majority Floor Leader.

SEN. SOTTO.  Mr. President.

THE PRESIDING OFFICER.  Well, anyway, before we proceed, with respect to Article II, the Chair would like to formally order the prosecution and the defense to submit their respective memorandum or memoranda regarding the allegations, the sub allegations especially of Article II stating the respective position of the two sides for the consideration of the Chamber.

Second, the Chair would like to suggest that in the marking of documentary evidence, the marking should be only for the entire document.  One exhibit mark with a description of the document  whether it is one page, two pages, three pages and so forth and that it was signed.  So that, anyway, when you prepare your respective arguments or memorandum, then you can refer to exhibit 1, page 1, page 2, page 3 or page 4 so that there is no submarkings because it will take time and it is also confusing to have so many markings.  And  I am suggesting this because whatever you may say the best evidence of the contents of a document is the document itself.  If you want to emphasize a specific item, then maybe you can ask permission that you put sub exhibit to emphasize that point.  But to mark every page as a separate exhibit, I think it is a tedious and time consuming system of marking exhibits.  I would like to present that to the consideration of the prosecution and the defense for our next week of trial.

I would like now to come to the issue at hand.  We were discussing about the propriety of introducing evidence on the totality of Article II.  And the ruling of the Chair is, in order to protect the interest of the respondent and to have a fair hearing and observe the principle of due process, the counsel for the defense may register his continuing objection to the oral testimony that would be presented on this Article by the witnesses to be called to testify on it.  And as far as the documentary evidences are concerned, we reserve the objection of the defense when these documents are formally offered in evidence to prove the allegations contained in the various articles of the Articles of Impeachment.

Mr. Counsel.

JUSTICE CUEVAS.  We fully agree, Your Honor.

THE PRESIDING OFFICER.  The prosecution.

REP. BARZAGA.  Fully agreed.

THE PRESIDING OFFICER.  So, let’s proceed with the trial.  We’ll continue with the hearing.

The witness in the stand is still the Register of Taguig.

ATTY. RUTAQUIO.  Yes, Sir.

THE PRESIDING OFFICER.  Is the prosecution through with him or he is under cross-examination?

JUSTICE CUEVAS.  Yes, Your Honor.

THE PRESIDING OFFICER.  Let’s continue with your cross-examination.

JUSTICE CUEVAS.  With the kind permission of the honourable court.

THE PRESIDING OFFICER.  Proceed.

JUSTICE CUEVAS.  Kindly go over the subpoena that was addressed to—and tell us which of those CCT covers parking spaces.

Witness examining the documents in his possession.

May I be allowed to help you, Mr. Witness.

ATTY. RUTAQUIO.  Yes, Sir.

JUSTICE CUEVAS.  May I direct your attention in particular to CCT No. 164-201000062 and CCT No. 164-2010064, and finally CCT No. 164-20100065

ATTY. RUTAQUIO.  Yes, Your Honor.  I’m trying to find it.

Sir, I gave to it to the prosecution.

REP. BARZAGA.  In response to the query of the witness, I was informed by the lawyer of the prosecution handling the marking of the exhibits that these CCTs pertaining to the parking lots have already been turned over to the Secretariat.

ATTY. RUTAQUIO.  Yes, Sir.  I have it with me now.

JUSTICE CUEVAS.  The witness referring to—

ATTY. RUTAQUIO.  Exhibit Z, condominium certificate of title 164-201 0000063, parking area no. 50.

JUSTICE CUEVAS.  May we request that the CCT mentioned by the witness, Your Honor, be marked as exhibit 16, Your Honor.

THE PRESIDING OFFICER.  Let it be marked.

ATTY. RUTAQUIO.  There is also condominium certificate of title no. 164-201 0000064, parking area no. 51.

JUSTICE CUEVAS.  Correct.

May we request, Your Honor, that the CCT identified by the witness be also marked as exhibit 17, for the defense, Your Honor.

ATTY. RUTAQUIO.  And other one is …

THE PRESIDING OFFICER.  Let it be marked …

ATTY. RUTAQUIO.  The next one is condominium certificate of title no. 164-2010000065, parking area no. 52, Sir.

JUSTICE CUEVAS.  May we request, Your Honor, that the document identified by the witness be marked as exhibit 18, Your Honor, for the defense.

THE PRESIDING OFFICER.  Let it be marked.

JUSTICE CUEVAS.  Now, these parking areas which you stated in your statement now are parking areas for what unit, please?

REP. BARZAGA.  Objection, Your Honor, the best evidence would be the CCTs.

JUSTICE CUEVAS.  How can the best evidence be applied in cross examining?

I will be listing an admission.

THE PRESIDING OFFICER.  Let be a part of the testimony of the witness.

ATTY. RUTAQUIO.  It pertains to the unit no. 38 B, condominium certificate of title no. 164-3010000062.

JUSTICE CUEVAS.  May we request, Your Honor, that the document identified by the witness be marked as exhibit 19 for the defense, Your Honor.

THE PRESIDING OFFICER.  Let it be marked.

JUSTICE CUEVAS.  Now, these parking lots that you made mention of in your statement now, are parking lots for the units you just stated?

Witness examining the documents in his possession.

ATTY. RUTAQUIO.  Yes, Your Honor.

JUSTICE CUEVAS.  So, they are not CCTs covering units in that condominium units.  Just for clarity.

ATTY. RUTAQUIO.  Yes, Sir.  They are titles for the parking lots.

JUSTICE CUEVAS.  Thank you.

ATTY. RUTAQUIO.  The three previous lots.

JUSTICE CUEVAS.  They are separate and distinct, however, from the parking units, although covered by the different CCTs, right?

ATTY. RUTAQUIO.  Please repeat the question, Sir.

JUSTICE CUEVAS.  They are separate and distinct from the unit.

ATTY. RUTAQUIO.  Yes, Your Honor.  There are four different titles for each of them.

JUSTICE CUEVAS.  Alright.  Thank you.  Before you came over to testify, in response to the subpoena issued by the honorable court, I presumed that you examined all these documents.

ATTY. RUTAQUIO.  Yes, Your Honor.

JUSTICE CUEVAS.  You find them to be in order.

ATTY. RUTAQUIO.  Yes, Your Honor.

JUSTICE CUEVAS.  That is why, you are swearing under oath that they are correct copies of what they purport to be, right?

ATTY. RUTAQUIO.  Yes, Your Honor.

JUSTICE CUEVAS.  Now, is there any, among these documents that you examined, not to be in order, after your examination.  Witness going over the documents, Your Honor.

ATTY. ROTAQIO.  Yes, sir, I believe them to be in order, Sir.

JUSTICE CUEVAS.  Thank you, that will be all for the witness, Your Honor.

THE PRESIDING OFFICER.  Is there any re-direct?

REP. BARZAGA.  Yes, Your Honor.  Only one question.

THE PRESIDING OFFICER.  Proceed.

REP. BARZAGA.  Mr. Witness, in the course of the cross-examination, you were asked whether or not there was any instance that you personally participated in the complete issuance of these titles.  And your response was, there was none.  My question is, what is the reason, if any, why, in spite of the fact that there was no single instance that you participated completely in the issuance of these titles, you still signed these titles.

ATTY. ROTAQUIO.  Because there is a procedure, sir, which we follow in the office.  And in such case, there is, say there is an entry which at the end ………………, and then there is a stamp in the document.  And then the payment and there is a receipt.  And then there is a land registration examiner and he initials and he gives it to me then.

REP. BARZAGA.  And that procedure …

ATTY. ROTAQUIO.  Although I was not present personally when it is done, because of my function as head of the office, I have knowledge that the steps were followed.

REP. BARZAGA.  No further re-direct, Your Honor.

JUSTICE CUEVAS.  No re-cross, Your Honor.  Thank you..

REP. BARZAGA.  And thank you, Mr. Witness, for coming over.

THE PRESIDING OFFICER.  Can we now discharge the witness?  The witness is discharged.

REP. BARZAGA.  May we just make a very short manifestation.

ATTY. ROTAQUIO.  Thank you, Your Honor.

THE PRESIDING OFFICER.  Proceed.

REP. BARZAGA.  Well, actually, Your Honor, we started with the pre-markings.  Unfortunately, due to limited time, we were not able to complete the ;photo-copying.  And so, we request that the markings of the deed of sale between Mega World and Spouses Corona pertaining to the Belagio as well as the deed of absolute sale between Mega World and Maria Czarina Corona as well as the certificate authorizing registration, which have not been photo-copied, will be marked later on or next hearing considering that we don’t have yet the photocopy.

THE PRESIDING OFFICER.  Granted.  And I suggest that next week, from hereon, you should, I am not trying to teach the prosecution what to do, but the Presiding Officer is simply suggesting this as a matter of expediting the proceeding.  You should beforehand call a conference with your witnesses that you have asked to be subpoenaed and ask them already to produce the documents that you are going to present and pre-mark those documents before we come to the court room for hearing so that the exhibits marked will be just stated into the record for proper identification.

REP. BARZAGA.  Duly noted, Your Honor.

THE PRESIDING OFFICER.  Thank you.

REP. TUPAS.  Mr. President.

THE PRESIDING OFFICER.  Yes.

REP. TUPAS.  Mr. President, before we call on our next witness, we just want to manifest and request… manifest first that the BIR Commissioner is here.  We were informed that she does not have the documents with her.  Anyway, we may not present her today.  So, may we request that she be excused but be directed to appear next Tuesday.

THE PRESIDING OFFICER.  Who is this …

REP. TUPAS.  This is the BIR Commissioner, Kim Ynares.  That she be directed to appear under the same subpoena duces tecum and ad testificandum next week, Tuesday.

THE PRESIDING OFFICER.  By the way, for the information of the Chair, because this involves the Internal Revenue Code, what is the purpose of presenting the commissioner of Internal Revenue?  To produce the income tax returns of…

REP. TUPAS.  Yes.

THE PRESIDING OFFICER.  Well, there are requirements in the production of internal revenue returns under the Internal Revenue Code and I think the commissioner notes that and so it is proper to dispense with her presence today but the Presiding Officer suggest earnestly that you comply with the provisions of Section 21 in relation to Sections 270, 278 and possibly 290 of the Internal Revenue Code.  The commissioner knows that because the release of income tax returns requires the authority from the President.

REP. TUPAS.  Yes, we will comply with that, Mr. President.

THE PRESIDING OFFICER.  Thank you.  The commissioner of Internal Revenue may leave the court with the request that she will come back next week, on Monday…

REP. TUPAAS.  On Tuesday.

THE PRESIDING OFFICER.  … on Tuesday at 2:00 to attend the hearing of this court.  So ordered.

REP. TUPAS.  Thank you, Mr. President..  Now, we call on our second witness.  The Register of Deeds of Quezon City.

THE PRESIDING OFFICER.  Please call the witness and administer the oath to him.

THE SECRETARY.  Please raise your right hand.  Do you swear to tell the truth and nothing but the truth on this impeachment case against Chief Justice Renato C. Corona?

MR.  _____.  Yes.

THE SECRETARY.  So help you God.

ATTY. JUSTINIANO.  May I proceed, Your Honor.

Before calling this witness to testify, Your Honor, may I just manifest the markings of the SALN which my witness introduced yesterday and which were marked this morning, for the record.

THE PRESIDING OFFICER.  Proceed.

ATTY. JUSTINIANO.  July 22, 1992 SALN, Your Honor, was marked as our Exhibit P.  December 31, 1992 SALN, Your Honor, was marked as our Exhibit Q.

JUSTICE CUEVAS.  Are these exhibits to be testified…

ATTY. JUSTINIANO.  No.

JUSTICE CUEVAS.  Different one?  Thank you.

THE PRESIDING OFFICER.  May I suggest that the counsel will identify himself for the record.

ATTY. JUSTINIANO. I am sorry, Your Honor.  Atty. Jose F. Justiniano, Your Honor.

THE PRESIDING OFFICER.  Please proceed.

ATTY. JUSTINIANO.  SALN as of December 3, 1993 was marked as our Exhibit R.  SALN as of December 3 ,1994 was marked as our Exhibit S.  SALN as of December 31, 1995 was marked as our Exhibit T.  SALN as of December 31, 1996 was marked as our Exhibit U.SALN as of February 21, 2001 was marked as our Exhibit V.  SALN as of February 5, 2002 was marked as our Exhibit W.  And SALN as of April 2002 was marked as our Exhibit  X.

Now I will go now to the testimony of the register of Quezon City.  I am offering, Your Honor, his testimony to prove the existence of titles registered in the name of Chief Justice Corona and his relatives, his duties and responsibilities, the procedure in effecting registration involving sale of registered land.  May I proceed, Your Honor?

THE PRESIDING OFFICER.  Proceed.

ATTY. JUSTINIANO.  Mr. Witness, are you the Register of Deeds of Quezon City?

ATTY. ALCANTARA.  Your Honor, I am the Acting Register of Deeds of Quezon City, Sir.

ATTY. JUSTINIANO.  Since when did you become the Acting Register of Deeds of Quezon City?

ATTY. ALCANTARA.  I have been designated as the Acting Register of Deeds of Quezon City on January 16, 2012, Your Honor.

ATTY. JUSTINIANO.  As Acting Register of Deeds of Quezon City, will you tell us some of your duties and responsibilities?

ATTY. ALCANTARA.  My responsibility as the Register of Deeds of Quezon City is to effect the registration of transactions involving lands, deeds within the Quezon City, as well as personalities of residents or personalities in Quezon City, Sir.

ATTY. JUSTINIANO.  Would You tell this honourable court the procedure in effecting registration involving transfer of ownership of registered land?

THE PRESIDING OFFICER.  Will you please state the personal circumstances first of this witness, for purposes of identification.

ATTY. JUSTINIANO.  Yes, Mr. Witness, will you please state your name, age, address and other personal circumstances.

ATTY. ALCANTARA.  Your Honor, I am Atty. Carlo V. Alcantara, the Acting Register of Deeds of Quezon City.  I am 47 years old with official business address at the Registry of Deeds, Land Registration Authority Compound, East Avenue corner NIA Road, Quezon City, Your Honor.

THE PRESIDING OFFICER.  Proceed.

ATTY. JUSTINIANO.  I have a previous question to you and then I requested you to tell us the procedure in effecting registration of transfer of ownership of registered land.

ATTY. ALCANTARA.  A deed of absolute sale for instance, sir, is executed between the parties, the seller and the buyer.  Upon the notarization of this document, they will have to bring this copy of document, the deed of absolute sale, before…

ATTY. JUSTINIANO.  Who will receive the deed of sale?

ATTY. ALCANTARA.  The deed of absolute sale will have to be entered and officially presented at the Registry of Deeds for that matter, Your Honor.

ATTY. JUSTINIANO.  And who is that person in your office who enter the deed of sale?

ATTY. ALCANTARA.  The deed of absolute sale, together with the other supporting documents may be entered by the transferor or the seller, or it could also be entered by the buyer or the transferee, Your Honor.

ATTY. JUSTINIANO.  After the entry of the deed of sale, what would be the next step?

JUSTICE CUEVAS.  Taka muna.  At this juncture, Your Honor, may we call the attention of the Honorable Presiding Officer that we do not recall the witness having been sworn to before he started testifying.

Meron na?  Meron na?

Thank you, Your Honor.

ATTY. JUSTINIANO.  I have a pending question to you, Mr. Witness.

ATTY. ALCANTARA.  Upon the actual entry in the primary entry book, now we have the electronic primary entry book, the transaction, the deed of absolute sale will have to be entered in the primary entry book …

ATTY. JUSTINIANO.  Just a minute.  Let’s go step by step.  What is that electronic registry book?

ATTY. ALCANTARA.  Your Honor, the registration of transaction now with the Registry of Deeds, in particular Quezon City, is under the computerized registration system.

ATTY. JUSTINIANO.  Will you describe to us the process in the computerized registration system?

ATTY. ALCANTARA.  Initially, Your Honor, the transactor or the party in interest to will be effecting the registration of transaction will bring the copy of deed of absolute sale, the supporting documents such as the certificate authorizing registration, the copy of the transfer tax, the tax declaration of the parcel of land and the improvement, if any, the certification that the land has been paid of the realty taxes, as well as the improvement, if there is such an improvement.

THE PRESIDING OFFICER.  Just for clarification, what normally are the supporting documents, aside from the deed of sale?

ATTY. ALCANTARA.  Your Honor, the deed of absolute sale must be accompanied by the owner’s duplicate copy of title. The owner’s duplicate copy of seller.

THE PRESIDING OFFICER.  That is the TCT.

ATTY. ALCANTARA.  The transfer certificate of title, Your Honor, if the subject matter of the sale is a parcel of land.  If however, the subject matter of the sale is a condominium unit…

THE PRESIDING OFFICER.  Then, the CCT.

ATTY. ALCANTARA.  The CCT, Your Honor.  In addition to the owner’s duplicate certificate of title, there is a need to submit the supporting documents such as the certificate authorizing registration.  This is the document issued by the Bureau of Internal Revenue, showing that appropriate taxes, such as the capital gain stocks, and the documentary stamp tax has been paid by the proper party.

In addition to the proof of payment of the national taxes, the local government for that matter likewise collects the transfer tax.  In addition to the official receipt which is being submitted to us for the payment of the transfer tax, there is likewise a requirement for the submission for the tax clearance certificate.  This tax clearance certificate will include, that for the land, if the land is a parcel of land with not improvement, but if there is an improvement on the land, then tax clearance also for the improvement.

ATTY. JUSTINIANO.  May I proceed, Your Honor.

THE PRESIDING OFFICER.  Proceed.

ATTY. JUSTINIANO.  After those documents are brought to your office, what would be the next step insofar as electronic registration is concerned?

ATTY. ALCANTARA.  Your Honors, each of these documents will be entered in the electronic primary entry book.

ATTY. JUSTINIANO.  What is that primary entry book?

ATTY. ALCANTARA.  Your Honor, the electronic primary entry book is formally known under the manual system of registration as our day book.  It is the book where all transactions are entered.  Upon, Your Honor, the entry of these documents, with the electronic primary entry book, the assessment will have to be made by the concerned personnel, to determine the amount of fees that will have to be paid, registration fee, as well as now, the IT service fee.

ATTY. JUSTINIANO.  After the assessment is made, what would be the next step?

ATTY. ALCANTARA.  After the assessment is made, the party in interest who brought the transaction to the registry will have to pay the appropriate or the assessment.

ATTY. JUSTINIANO.  Do you require any proof of the payment of the assessment?

ATTY. ALCANTARA.  Your Honor, for the purpose of proving the assessment, there is a need for the party in interest to brought transaction to the registry, to be issued an official receipt.

ATTY. JUSTINIANO.  After all these documents had been completed, the proof of payment as well as the transfer document, what would happen next?

ATTY. ALCANTARA.  The assessment together with the documents themselves will have to be assigned to—we have a project officer who assigned this transaction.  It is now considered a single transaction.

ATTY. JUSTINIANO.  Just a minute, is this project officer under your control and supervision.

ATTY. ALCANTARA.  Yes, Your Honor, he is a personnel assigned with the registry of deeds for Quezon City, Your Honor.

ATTY. JUSTINIANO.  So, after the documents are brought to that officer, what will happen next?

ATTY. ALCANTARA.  The project officer assigns the transaction to a particular encoder.

ATTY. JUSTINIANO.  And what will be the job of the encoder?

ATTY. ALCANTARA.  The encoder, Your Honor, is—the duty of the encoder is to enter data of the sale, identify the name of the seller, identify the name of the buyer, the subject matter of the sale, if it is a parcel of land or a condominium unit, the amount of the sale, the amount of the taxes paid, relative to the capital gains and the documentary stamp tax, and also, they will encode the data.

ATTY. JUSTINIANO.  After encoding, what will happen next?

ATTY. ALCANTARA.  After the data, relative to the sale has been encoded by the assigned examiner, the transaction or the document will have to be transmitted electronically.

ATTY. JUSTINIANO.  How is this done, the transmission electronically, how is this done?

THE PRESIDING OFFICER.  May I just intervene to clarify one thing?  Is the encoder in its specific title to be registered identified in the electronic registry?  The encoder.

ATTY. ALCANTARA.  Yes, Your Honor.

THE PRESIDING OFFICER.  Is he identified?

ATTY. ALCANTARA.  Yes, Your Honor.

THE PRESIDING OFFICER.  In the computer itself?

ATTY. ALCANTARA.  Actually, Your Honor, the name of the encoder no longer appear on the title after the title has been prepared, Your Honor.

THE PRESIDING OFFICER.  And that is imprinted in the encoded material.

ATTY. ALCANTARA.  Yes, Your Honor, in the encoded material.

THE PRESIDING OFFICER.  Okay.  Thank you.

ATTY. JUSTINIANO.  Now, after the transmittal what would be the next step?

ATTY. ALCANTARA.  The next step, Your Honor, is for the encoder to endorse it for examination by the deeds examiner.

ATTY. JUSTINIANO.  This deeds examiner is also under your control and supervision.

ATTY. ALCANTARAY.  The deeds examiners are likewise under the control and supervision of the register of deeds, Your Honor.

ATTY. JUSTINIANO.  Now, after the examination is made, what would happen next?

ATTY. ALCANTARA.  The next step, Your Honor, is for the examiner, the deeds examiner, to recommend the approval of the transaction or the denial of the registration of that transaction, Your Honor.

ATTY. JUSTINIANO.  Who has the authority to approve or deny the transaction?

ATTY. ALCANTARA.  Your Honor, the authority to effect the registration of the transaction is the register of deeds.

ATTY. JUSTINIANO.  And in Quezon City, that would be yourself, am I correct?

ATTY. ALCANTARA.  Specifically, for the register of deeds for Quezon City, there are deputies and all the deputies are actually authorized to effect registration together with the register of deeds, Your Honor.

ATTY. JUSTINIANO.  Before you approve or deny the transaction, do you read the documents presented to you?

ATTY. ALCANTARA.  Definitely, Your Honor.

ATTY. JUSTINIANO.  Now, Mr. Witness, you were asked by this honourable court when they issued the subpoena to bring the titles issued in the name of Chief Justice Corona or any of his relatives as well as deeds of absolute sale, deeds of conditional sale, deeds of donation, deeds of assignment or transfer, contract of lease, certification authorizing registration issued by the Bureau of Internal Revenue, and other documents related to the foregoing.  Do you have those documents with you?

ATTY. ALCANTARA.  I have with me, Your Honor …

ATTY. JUSTINIANO.  Do you have with you a copy of transfer certificate of title No. RT-96031?

ATTY. ALCANTARA.  Yes, Your Honor, I have with me the original copy of transfer certificate of title No. RT-96031 (27044), Your Honor.

ATTY. JUSTINIANO.  For the record, Your Honor, this was marked this morning as our Exhibit SS.

THE PRESIDING OFFICER.  Just for clarification.  Is that the registered document or is that the title issued after the registration?

ATTY. ALCANTARA.  Yes, Your Honor.  This is the title issued.

THE PRESIDING OFFICER.  After the registration.

ATTY. ALCANTARA.  After the registration.

THE PRESIDING OFFICER.  Of the transaction.

ATTY. ALCANTARA.  Yes, Your Honor.

THE PRESIDING OFFICER.  In lieu of the TCT of the owner who sold the property.

ATTY. ALCANTARA.  Yes, Your Honor.

THE PRESIDING OFFICER.  Okay.

ATTY. JUSTINIANO.  Now, Mr. Witness, I notice that in Exhibit SS, there is a notation “cancelled”.  My question to you is, what was the reason why  a notation cancelled was entered into this title?

ATTY. ALCANTARA.  Your Honor, on the fourth page of transfer certificate of title No. RT-96031(27044), there is a specific entry, under primary entry No. 1685/RT-96031 sale, this transfer certificate of title was cancelled pursuant to the registration of a sale …

ATTY. JUSTINIANO.  Do you have a copy of the deed of absolute sale which you just mentioned?

ATTY. ALCANTARA.  Yes, Your Honor, I have a copy of the deed of absolute sale.

ATTY. JUSTINIANO.  For the record, Your Honor, this deed of absolute sale was previously marked as our Exhibit TT and the parties appearing is Victor H. Bucaling as seller and Cristina R. Corona as buyer and the consideration is P11 million.  This deed of sale was made on the 5th day of Septermber 2003.  Now, would you be able to tell this honourable court where this land is situated?

JUSTICE CUEVAS.  We will object to the question, Your Honor.  The witness is not qualified…

ATTY. JUSTINIANO.  Based on the record…

JUSTICE CUEVAS.  No.  But if the question is based on the record, we will have no objection.  But apparently, Your Honor, the question tends to elicit an answer from his own knowledge.  If it is based  on his knowledge, he must be qualified..  Where is this land located, that is the question, Your Honor.

ATTY. JUSTINIANO.  The witness will be testifying giving the answer, based on the record that he does not know, then he can say so

JUSTICE CUEVAS.  No, that is not when he knows or he is not.

THE PRESIDING OFFICER.  He may answer if he knows.

ATTY. JUSTINIANO.  He knows.

ATTY. ALCANTARA.  Your Honor, looking at the technical description of the parcel of land identified as Lot No. 28, Block No. 10, this is situated, based on the technical description, municipality of Marikina, province of Rizal, island of Luzon, sir.

ATTY. JUSTINIANO.  Now, after this Exhibit T…

THE PRESIDING OFFICER.  Just a minute.  Why is a land in Marikina registerable in Quezon City?

ATTY. ALCANTARA.  Your Honor, as far as my personal knowledge is concerned, a portion of Marikina actually this is actually part of, within the jurisdiction of Quezon City.

THE PRESIDING OFFICER.  And that land is within that jurisdiction?

ATTY. ALCANTARA.  Yes, Your Honor.

THE PRESIDING OFFICER.  Okay.  Please proceed.

ATTY. JUSTINIANO.  Thank you, Your Honor.  As a result of this deed of sale, can you tell us, based on your record, if a new transfer certificate of title was issued.

ATTY. ALCANTARA.  Your Honor, based on the annotation at the back of the deed of absolute sale executed by Victor H. Bocaling, married to Ma. Filipina A. Bocaling as seller and Cristina R. Corona, married to Renato Corona, the Transfer Certificate of Title No. N-25490 was issued.

ATTY. JUSTINIANO.  For the record, Your Honor, this transfer certificate of title issued in the name of Cristina R. Corona married to Renato Corona was marked this morning as our Exhibit UU.

THE PRESIDING OFFICER.  Silence, please, silence.

ATTY. JUSTINIANO.  Based also on your record, would you be able to tell this honourable court if Exhibit UU was transferred to another person?

JUSTICE CUEVAS.  If the question, Your Honor,  is based on your record then the best evidence will be the record, Your Honor.  Not the testimony of the witness.

THE PRESIDING OFFICER.  That’s correct.  Please reform the question.

ATTY. JUSTINANO.  Okay.  I will reform, Your Honor.

Mr. Witness, do you have with you Transfer Certificate of Title 0042010010259 in the name of Ma. Carla Castillo, married to Constantino T. Castillo?

ATTY. ALCANTARA.  Yes, Your Honor.

ATTY. JUSTINIANO.  Now, for the record, Your Honor, the Transfer Certificate of Title 0042010010259 was marked this morning as our Exhibit XX.

Now, based also on the record that you have, can you tell us what was the basis for the issuance of Exhibit XX?

THE PRESIDING OFFICER.  What is Exhibit XX?

ATTY. JUSTINIANO.  This is Transfer Certificate of Title, Your Honor, issued in the name of Ma. Carla C. Castillo, married to Constantino T. Castillo.

THE PRESIDING OFFICER.  Proceed.

ATTY. ALCANTARA.  Your Honor, Entry No. 2010028741, dated November 9, 2010 show a registration of a sale transaction, Your Honor.  This is a sale executed by Ma. Christina R. Corona, married to Renato C. Corona, in favour of Ma. Carla C. Castillo, married to Constantino T. Castillo.

ATTY. JUSTINIANO.  Do you have the deed of sale which you just mentioned awhile ago?

ATTY. ALCANTARA.  Yes, Your Honor.

ATTY. JUSTINIANO.  For the record, Your Honor, this deed of sale was previously marked this morning as Exhibit VV, and the amount is P18 million.

THE PRESIDING OFFICER.  How much?

ATTY. JUSTINIANO.  P18 million, Your Honor.

THE PRESIDING OFFICER.  The consideration for the sale?

ATTY. JUSTINIANO.  Eighteen, yes, Your Honor.

I direct your attention, Mr. Witness, on Exhibit XX-2.

For the record, Your Honor, in the memorandum of incumbrances, indicated in Exhibit XX-2, this refers to the La Vista lot, Your Honor.  And the area is 1,200 square meters.

Again, Mr. Witness, do you have a copy of Condominium Certificate of Title No. N-35812?

ATTY. ALCANTARA.  Yes, Your Honor.  I have a copy of Condominium Certificate of Title No. N-35812.

ATTY. JUSTINIANO.  For the record, Your Honor, this Condominium Certificate of Title was marked this morning as our Exhibit OO.

Now, based on your records again, what was the basis for the issuance of this Exhibit OO?

ATTY. ALCANTARA.  Your Honor, the basis for the issuance of Condominium Certificate of Title No. N-35812 in the name of spouses Renato C. Corona and Christina R. Corona is a deed of absolute sale dated October 8, 2003, executed by Burgundy Realty Corporation as seller in favour of spouses Renato C. Corona and Christina R. Corona, Your Honor.

ATTY. JUSTINIANO.  For the record, Your Honor, the deed of sale mentioned by the witness was marked this morning as our exhibit PP.

And the consideration is P2,758,800.00, and this refers to One Burgundy Plaza, Quezon City.

Now, do you also have with you transfer certificate of title, title RT 3191?

ATTY. ALCANTARA.  Your Honor, I have with me the original copy of transfer certificate of title no. RT-3191 (163660).  This is a title registered in the name of Renato C. Corona, married to Ma. Christina R. Corona, Your Honor.

JUSTICE CUEVAS.  May we request, Your Honor, that this document marked as exhibit QQ, be marked as exhibit 20 for the defense, Your Honor.

THE PRESIDING OFFICER.  Mark it accordingly.

JUSTICE CUEVAS.  And the date of the instrument, reading February 12, 1990, March 8, 1990, be encircled and mark as exhibit 20-A for the defense, Your Honor.

THE PRESIDING OFFICER.  Mark it accordingly.

ATTY. JUSTINIANO.  For the record, Your Honor, this transfer certificate of title no. RT 3191 was marked this morning as our exhibit QQ.

May I proceed, Your honor?

THE PRESIDING OFFICER.  Proceed.

ATTY. JUSTINIANO.  Do you also have with you transfer certificate of title no. N141891, in the name of Renato C. Corona, of legal age, married to Christina R. Corona.

ATTY. ALCANTARA.  Your Honor, I have with me the original copy of transfer certificate of title no. N-141891.  This title is registered in the name of Renato C. Corona, married to Christina R. Corona, Your Honor.

ATTY. JUSTINIANO.  For the record, Your Honor, this transfer certificate of title N-141891 was marked this morning as our exhibit RR.

JUSTICE CUEVAS.  Your Honor, please.  May we be allowed to …

THE PRESIDING OFFICER.  What is the pleasure of the defense counsel?

JUSTICE CUEVAS.  May we have this exhibit RR, Your Honor, be marked as our exhibit 21, for the defense.

THE PRESIDING OFFICER.  Mark it accordingly for the defense.

JUSTICE CUEVAS.  And the date appearing herein, reading, entered at Quezon City, Philippines on the 23rd day of October 1995 at 10:30 a.m. be encircled and marked as exhibit 21-A, Your Honor.

THE PRESIDING OFFICER.  Mark it accordingly.

ATTY. JUSTINIANO.  May I proceed, Your Honor, while they are marking.

THE PRESIDING OFFICER.  Proceed.

ATTY. JUSTINIANO.  Mr. President, do you also have with you transfer certificate of title 125863, in the name of Myrnam Melad Bahar (?)?

THE PRESIDING OFFICER.  What is the relevance of this title named in someone when we are litigating against Chief Justice Rento C. Corona?

ATTY. JUSTINIANO.  May I be allowed to speak, Your Honor.  This was cancelled pursuant to a deed of absolute sale and a new title was issued in the name of Constantino T. Castillo married to Carla C. Castillo.

THE PRESIDING OFFICER.  So, proceed.

JUSTICE CUEVAS.  The question here, may we interrupt, Your Honor.

THE PRESIDING OFFICER.  Yes.

JUSTICE CUEVAS.  The question is what is the pertinence or relevance when the person here being impeached is Chief Justice Corona.  These are entirely new individuals, Your Honor.

ATTY. JUSTINIANO.  Your Honor, this is just the source title.  The origin of another title 327732 issued in the name of Constantino T. Castillo III married to Maria Carla C. Castillo.

JUSTICE CUEVAS.  But unless the explanation and qualification made by my colleague is already made on record, then there will be no basis.  We will, therefore, object on grounds of materiality and irrelevancy, Your Honor.

THE PRESIDING OFFICER.  You lay the basis.

ATTY. JUSTINIANO.  Mr. Witness, Exhibit YY was cancelled.  Will you tell us the reason for the cancellation of this title?

ATTY. ALCANTARA.  The same objection, Your Honor.  Impertinent, immaterial and irrelevant because the person named therein is not involved in this litigation, Your Honor.

THE PRESIDING OFFICER.  But according to him there is a connection.  And they are tracing it backward.

JUSTICE CUEVAS.  That is precisely the basis of our objection.  That basis had not yet been laid.  So, from one transferred to another, then they jumped into the conclusion that this is material simply because there is a Corona named in here.  And there is already a previous ruling of this honourable court that any and all evidences not covered by order, there is a prohibition, Your Honor.

THE PRESIDING OFFICER.  Will you kindly reverse your questioning.  Go about in time.

ATTY. JUSTINIANO.  Mr. Witness, do you have with transfer certificate of title No. 327732 in the name of Constantino T. Castillo III married to Maria Carla C. Castillo?

JUSTICE CUEVAS.  Where is Renato Corona, the official impeached in here?

ATTY. JUSTINIANO.  Your Honor, there was already a discussion about this issue.  Whether we can present evidence on the titles registered under the relatives of Chief Justice Corona pursuant to provision of the forfeiture law of ill-gotten wealth.  In fact, there is a pending issue which required both parties simultaneous memoranda.  So, until there is a ruling, we should be allowed to present evidence on this issue.

JUSTICE CUEVAS.  There is no dis …

THE PRESIDING OFFICER.  Let me make a ruling.  What is the relationship of Carla Castillo to the respondent?

ATTY. JUSTINIANO.  Your Honor, Carla C. Castillo is the daughter of Chief Justice Renato Corona.  In fact, her full name is Carla C., meaning Corona, Castillo.

THE PRESIDING OFFICER.  Anyway, the question is, if he has that title.  So, the witness may answer.

ATTY. JUSTINIANO.  My question is, what was the basis for the issuance of transfer certificate of title No. N-327732?

JUSTICE CUEVAS.  Does your document state that?  Because if that is stated in the document, then the best document will be the document itself.

ATTY. JUSTINIANO.  The testified already how the procedure in effecting registration.  And he said that the deed of sale is presented before a registration is made.  That is already covered.

JUSTICE CUEVAS.  That is not what I am asking.  I am asking for the basis, Your Honor.  What is the basis?

THE PRESIDING OFFICER.  Will you kindly repeat your question.

ATTY. JUSTINIANO.  My question is, there was a transfer certificate of title issued in the name of Constantino T. Castillo III married to Maria Carla C. Castillo.  My question is, based on the procedure which you described a while ago, what was the document used in effecting registration in this transfer certificate of title?

JUSTICE CUEVAS.  Irrelevant, immaterial, impertinent, Your Honor.

ATTY. JUSTINIANO.  We submit, Your Honor.

JUSTICE CUEVAS.  Because if it is merely the procedure, we have no objection.

THE PRESIDING OFFICER.  I think the tendency of this question is simply a preliminary question leading to another question.  So, let the witness answer.

JUSTICE CUEVAS.  But then, Your Honor, it will be doing the reverse way.  What we are complaining of is the basis had not been properly laid. If the basis had been properly laid, then we have no objection, Your Honor, in connecting the relationship of the party named in the document as being related to the impeachable public officer, the Chief Justice, Your Honor.  But there is no basis whatsoever.  From nowhere we are confronted with the situation where there is a deed of sale, where there is a TCT in the name of a Corona.  If this Corona is the daughter and so on, then this is covered by the prohibition pursuant to the order of…

ATTY. JUSTINIANO.  I am sorry, companero, the Chair has already made a ruling unless…

THE PRESIDING OFFICER.  Let the witness answer and if the irrelevancy of this line of questioning and the answers, the counsel may make a motion to strike out the answer.

JUSTICE CUEVAS.  Thank you, Your Honor.

ATTY. ALCANTARA.  Your Honor, Transfer Certificate of Title No. 125683 is a title registered in the name of Mirlamelad Bajar married to Beneroso E. Bajar.  On the face of this title, Your Honor, there is a stamped marked cancelled.  This title is no longer an existing title.  This title was cancelled…

THE PRESIDING OFFICER.  Why was it cancelled?

ATTY. ALCANTARA.  Based on the entry appearing on this title, there is a memorandum of the registration of sale.  The memorandum under PE No. or Primary Entry No. 8708/TIZAZ125683, sale.  Your Honor, let me read the annotation.  This certificate of title is hereby totally cancelled  by virtue of a deed of sale executed by Mirlamelad Bajar married to Beneroso E. Bajar  in favour of Constantino T. Castillo III married to Carla C. Castillo for the sum of P15 million issuing in lieu thereof Transfer Certificate of Title  No. N-327732/TIZAZ169.  This deed of absolute sale is docketed as Document No. 77, Page No. 16, Book No. 1, series of 2009 of the notary public of Ana Katrina Valdez Cruz.  This deed of absolute sale was registered on March 17, 2009, Your Honors.

JUSTICE CUEVAS.  In view of the answer of the witness, Your Honor, and the privilege granted us by this honourable court, we are moving to strike out the answer of the witness.  There is no mention in here of this acquisition being participated in by the respondent, the honourable Chief Justice.

THE PRESIDING OFFICER.  Unless the prosecution will establish the connection of Constantino Castillo and what is the name of the wife?

ATTY. JUSTINIANO.  Ma. Carla…

THE PRESIDING OFFICER.  Ma. Carla C. Castillo to the respondent, I will authorize the striking out of the answer.  So you have to establish that connection.

ATTY. JUSTINIANOA.  We will, Your Honor, later.  Somebody will testify  as to the relationship between Constantino T. Castillo and Ma. Carla C. Castillo to Chief Justice Corona and that  will be taken care of by another witness.

THE PRESIDING OFFICER.  Alright.  With that answer, I will allow the answer to stay in the record in the meantime until that evidence is presented.

JUSTICE CUEVAS.  Subject to our motion…

THE PRESIDING OFFICER.   Subject to the right of the defense counsel to take any action that he may wish.

JUSTICE CUEVAS.  Thank you, Your Honor.

ATTY. JUSTINIANO.  You mentioned a deed of absolute sale.  Do you have it with you?

ATTY. ALCANTARA.  Your Honor, I have with me a deed of absolute sale dated March 11, 2009, deed of absolute sale between Mirlamelad Bajar married to Beneroso E. Bajar as vendor and Constantino T. Castillo III married to Carla C. Castillo as vendee, Your Honor, docketed as Document No. 077, Page No. 016, Book No. 1, series of 2009 under the faith of Ana Katrina Valdez Cruz, notary public, Your Honor.

ATTY. JUSTINIANO.  For the record, Your Honor,  this deed of absolute sale mentioned by the witness was marked this morning as our Exhibit ZZ and that the consideration is P15 million.

THE PRESIDING OFFICER.  By the way, who received the P15 million?

ATTY. JUSTINIANO.  The seller, Your Honor, Mirlamelad Bajar.

THE PRESIDING OFFICER.  And who paid for it?

ATTY. JUSTINIANO.  Well, on its face, Your Honor, it says that it was the spouses Constantino T. Castillo and Ma. Carla C. Castillo.

THE PRESIDING OFFICER.  Okay, please proceed.  I just want to clarify that point so that there is no vagueness or doubt about it.

ATTY. JUSTINIANO.  And for the record also, Your Honor, the property is situated at No. 6 Kalayaan Avenue, Diliman, Quezon City.

Now, also on this paragraph, it mentioned Transfer Certificate of Title No. 125683.  Do you have that title with you?

ATTY. ALCANTARA.  Mr. Counsel, may I take a look at the copy of the title, Your Honor?

May I inquire again from the counsel, are you inquiring on the title, Sir?

ATTY. JUSTINIANO.  If you have in your possession Transfer Certificate of Title 125683 in the name of Myrna Menadbajar which has been cancelled already.

ATTY. ALCANTARA.  Yes, Your Honor.  I have with me the original copy of Transfer Certificate of Title No. 125683, Your Honor.

ATTY. JUSTINIANO.  For the record, Your Honor, Transfer Certificate of Title No. 125683 was marked as our Exhibit YY.

THE PRESIDING OFFICER.  Was that the property that had the consideration of P15 million?

ATTY. JUSTINIANO.  Yes, Your Honor.

THE PRESIDING OFFICER.  Proceed.

JUSTICE CUEVAS.  May we be allowed, Your Honor, to mark this Exhibit YY as our Exhibit 22, Your Honor?

THE PRESIDING OFFICER.  Mark it accordingly for the defense.

JUSTICE CUEVAS.  And the entry appearing on page 2 thereof be encircled and marked as Exhibit No. 22-A, date of instrument 31403, date of inscription 3804, Your Honor.

THE PRESIDING OFFICER.  Mark it accordingly.

ATTY. JUSTINIANO.  May I proceed, Your Honor.

THE PRESIDING OFFICER.  Proceed.

ATTY. JUSTINIANO.  Mr. Witness, your also have with your Transfer Certificate of Title 85121?

ATTY. ALCANTARA.  Your Honor, I have with me the original copy of Transfer Certificate of Title No. 85121.  This title, Your Honor, is the original copy.

ATTY. JUSTINIANO.  Now, for the record, Your Honor, this Certificate of Title 85121 was marked this morning as our Exhibit GGG in the name of Renato C. Corona and Christina R. Corona.  Now, Mr. Witness, I noticed that there is a notation here, cancelled, what was the reason why this title was cancelled?

ATTY. ALCANTARA.  Your Honor, this title is a cancelled title.  There is an entry appearing on the last page of the electronic copy of this title, under entry no. 201007054, registered on April 13, 2010.  This is a sale, if I may be allowed, Your Honor.

ATTY. JUSTINIANO.  Please do so, Mr. Witness.

ATTY. ALCANTARA.  The annotation appearing herein, it says, executed by spouses Renato R. Corona and Christina R. Corona, in favour of spouses, Rodel V.Rivera and Amelia E. Rivera, for the sum of P8 million, in accordance with document no. 138, page no. 29, book number 4, series of 2010, of notary public of San Juan, Weena D. Tan, dated February 26, 2010.  This title is hereby totally cancelled, issuing in lieu thereof CCT no. 004-2010001387.

JUSTICE CUEVAS.  May we request, Your Honor, that the document identified by the witness and marked as exhibit GGG be marked as exhibit 23 for the defense, Your Honor, and the encumbrances appearing at the back thereof marked as exhibit GG-1 as 23-A which is dated February 25, 1922.  Likewise, Your Honor, entry no. 3899, T8521, appearing at the back thereof after the first encumbrance, dated April 21, 1993, be marked as exhibit 23-B, Your Honor.

THE PRESIDING OFFICER.  Mark it accordingly, as requested by the defense.

JUSTICE CUEVAS.  And the last entry appearing on exhibit GGG-2, Your Honor, as exhibit 23-A.

ATTY. JUSTINIANO.  May I proceed, Your Honor.

THE PRESIDING OFFICER.  May I suspend the trial for one long minute.

It was 5:33 p.m.

At 5:38 p.m., the trial was resumed.

THE PRESIDING OFFICER.  Trial resumes.  Attorney Justiniano, you may proceed.

ATTY. JUSTINIANO.  For the record, Your Honor, the deed of sale mentioned by the witness was marked this morning as Exhibit HHH.  And the amount is P8 million and this deed of sale was signed February 26, 2010.

THE PRESIDING OFFICER.  Who received the payment?

ATTY. JUSTINIANO.  The one who received the payment, Your Honor, were Rodel B. Rivera and Amelia Rivera.

THE PRESIDING OFFICER.  And who paid?

ATTY. JUSTINIANO.  I am sorry, Your Honor.  It is the other way around.  The seller here who received the payment was Renato C. Corona and Cristina R. Corona.

THE PRESIDING OFFICER.  In other words, the Chief Justice was the seller.

ATTY. JUSTINIANO. That is correct, Your Honor.  Mr. Witness, do you also have with you Transfer Certificate of Title RT-20758?

THE PRESIDING OFFICER.  What is the relevance of this title to the case?

ATTY. JUSTINIANO.  Your Honor, this was cancelled by virtue of a deed of absolute sale and the buyer here was Constantino T. Castillo, the son-in-law of the Chief Justice.

THE PRESIDING OFFICER.  The witness proceed.

ATTY. JUSTINIANO.  I am sorry.  Constantino T. Castillo married to Carla R. Corona.  I am sorry I overlooked the name Carla R. Corona.

THE PRESIDING OFFICER.  Please proceed.

ATTY. ALCANTARA.  Your Honor, I have with me Transfer Certificate of Title No. RT-20758 (129302) registered in the name of Daniel G. Encina married to Domiciana Atrero, Your Honor.

ATTY. JUSTINIANO.  For the record, Your Honor, Transfer Certificate of Title No. RT20758 was marked this morning as our Exhibit CCC, Your Honor.

Mr. Witness, I also noted that there is a  notation cancelled.  What was the reason for the cancellation of this title?

THE PRESIDING OFFICER.  What is the question of the counsel for the defense?

ATTY. JUSTINIANO.  For the cancellation of Exhibit CCC, Your Honor.

JUSTICE CUEVAS.  What was the reason, Your Honor, and apparently the question is based on what appears in the document.

ATTY. .JUSTINIANO.  Based on his record in his possession.

JUSTICE.  CUEVAS.  Especially what could be in his record except this document.  That is an objection, Your Honor.

ATTY. JUSTINIANO.  We submit, Your Honor.

THE PRESIDING OFFICER.  What is the question?

ATTY. JUSTINIANO.  The question was, there is a notation here in Exhibit CCC, the word “cancelled”.  My question is, what was the reason for the cancellation of this title?

THE PRESIDING OFFICER.  If the witness knows the reason for the cancellation of that title, please he may answer.

ATTY. ALCANTARA.  Your Honors, on the third page of this title, there is an entry EE No. 2765/RT-20758 (129302) sale—if I may be allowed, sir.

ATTY. JUSTINIANO.  Please, Mr. Witness.

ATTY. ALCANTARA.  This certificate of title is hereby totally cancelled by virtue of a deed of sale TE2765/RT-20758 (PAREN 129302, executed by Daniel G. Encina married to Domiciana Atrero in favour of Constantino T. Castillo III married to Carla R. Corona for the sum of P10,000,500.00 issuing in lieu thereof  Transfer Certificate of Title No. N-260027, Book No. 1301, Page No. 27, Document No. 165, Page No. 34, Book No. 9, series of 2003 of notary public of Quezon City, Manuel S. Padolina.  Date of instrument, December 15, 2003, date of inscription, February 23, 2004, Your Honors.

THE PRESIDING OFFICER.  I will allow the presence of this answer into the record only for purposes of recording it but I must admonish counsel to establish the relevance of this transaction  to this impeachment case involving the Chief Justice.

ATTY. JUSTINIANO.  We will do so, Your Honor.

JUSTICE  CUEVAS.  We ask permission, Your Honor, that we be allowed to mark this Exhibit ZZZ as Exhibit 24 for the defense, Your Honor, and the entry read into the records by the witness be encircled and marked as Exhibit 24-A more especially date of the instrument, December 15, 2003 and date of inscription, February 23, 2004, Your Honor.  Thank you.

THE PRESIDING OFFICER.  Mark it accordingly as requested by the defense counsel.

ATTY. JUSTINIANO.  For the record, Your Honor, the deed of absolute sale was earlier marked this morning as our Exhibit DDD and the new transfer certificate of title number issued in the name of Constantino T. Castillo married to Carla R. Corona has been marked as Exhibit  FFF. And also for the record,—I don’t have to make that manifestation anymore, Your Honor.

That will be all with the witness.

THE PRESIDING OFFICER.  Any cross?

JUSTICE CUEVAS.  Your Honor, please, the court will probably notice that there are a lot of documents.  Even the very witness of the prosecution have been apparently confused with too many documents.  We only ask that we be allowed to cross-examine on the next session of this honourable court, Your Honor.

THE PRESIDING OFFICER.  If there is no objection, the Chair is disposed to grant the request of the defense counsel to cross-examine this witness in the next hearing of this impeachment case.  And you are requested to appear here in the succeeding hearing of this case.

Another witness.  The witness is discharged.  (Gavel)  Another witness, counsel.

REP. TUPAS.  Next, we call now our next witness, Mr. President.

THE PRESIDING OFFICER.  Proceed.

REP. TUPAS.  So, we are calling the next witness for the prosecution, the Register Deeds of Marikina.  And to conduct direct examination, Congressman Barzaga.

THE PRESIDING OFFICER.  Who?

REP. TUPAS.  Congressman Barzaga, Your Honor, will conduct the direct examination.

THE PRESIDING OFFICER.  Proceed.

THE SECREATARY GENERAL.  Please raise your right hand.

Do you solemnly swear that the evidence you may present in this impeachment case against Chief Justice Corona shall be the truth, the whole truth and nothing but the truth?

ATTY. GARCIA.  Yes, Your Honor.

THE SECRETARY GENERAL.  So help you God.

REP. BARZAGA.  If Your Honor, please, may we request the witness to state his name and other personal circumstances.

THE PRESIDING OFFICER.  Proceed.

ATTY. GARCIA.  I’m Atty. Sedfrey H. Garcia.  I’m the Acting Register of Deeds of Marikina with office address at 103 J.P. Rizal, Nangka, Marikina City.

REP. BARZAGA.  We offer the testimony of the witness, Your Honor.

The witness shall testify that he is the Register of Deeds for the City of Marikina.  He will also testify regarding his important functions and duties as Register of Deeds.  He will also testify that he came to this court this afternoon on account of the subpoena issued by the honorable impeachment court.  And he will also testify regarding the documents stated in the subpoena, together with identification of those documents.

THE PRESIDING OFFICER.  What is the purpose of offering this witness?

REP. BARZAGA.  Well, the purpose, Your Honor, is to prove that based on the official records of the Register of Deeds in Marikina, there are existing titles in the names of the spouses Christina R. Corona and Renato C. Corona.

THE PRESIDING OFFICER.  Proceed.

REP. BARZAGA.  May it please the honourable court, Mr. Witness, you stated that you are the Register of Deeds of Marikina.  Could you please tell us, since when have you been the Register of Deeds of Marikina?

ATTY. GARCIA.  I’ve been the Register of Deeds of Marikina since September 16, 2006 up to present, Your Honor.

REP. BARZAGA.  And as Register of Deeds for the City of Marikina, could you please state before this honorable impeachment court, what are your principal duties and responsibilities?

ATTY. GARCIA.  The principal responsibilities and duties of the register of deeds is, we are the repository of all land records of titled properties, we register interest over registered land or unregistered land, chattel mortgage, and we issue titles, we register original transfer certificate, both as directed by court or by administrative body, Your Honor.

REP. BARZAGA.  In the subpoena issued to you, you were directed to present or to bring with you TCT no. 97119, in the name of Ma. Christina R. Corona, married to Renato C. Corona.  My question is, did you bring said TCT?

ATTY. GARCIA.  As per record, Your Honor, we have that TCT, Your Honor.

REP. BARZAGA.  Do you have the original of that TCT?

ATTY. GARCIA.  Yes, Sir.

REP. BARZAGA.  Could you please hand it to this Representation.

For the record, witness handing to this Representation, TCT No. 97119 in the names of Ma. Christina R. Corona, married to Renato C. Corona, both of legal age, Filipinos, and also, for the record, Your Honor, we would like to manifest that this document has been previously marked in the—that this document, the photocopy has been previously marked before the start of the hearing in the presence of the lawyers of the borth the prosecution and defense and marked as exhibit HH.

In the subpoena, it is also provided, you are also directed to present TCT No. 97120, in the name of Ma. Christina R. Corona, married to Renato C. Corona.  Do you have that TCT right now?

ATTY. GARCIA.  Yes, Sir, I have the TCT right now.

REP. BARZAGA.  Could you please present the original of that TCT.

ATTY. GARCIA.  This is the TCT no. 979120.

REP. BARZAGA.  For the record, the witness handed to this Representation, the original copy of transfer certificate of title no. N979120, in the name of Ma. Christina R. Corona, married to Renato C. Corona, both of legal age, Filipinos.

And also, for the record, the photocopy has been pre-marked before the start of the hearing and has been marked as exhibit II.

Also, in the subpoena, you were also directed to bring before this honorable court TCT no. 979121, in the name of Ma. Christina R. Corona, married to Renato C. Corona.  My question is, did you bring this TCT?

ATTY. GARCIA.  Yes, Sir.  I have the TCT.

REP. BARZAGA.  For the record, Your Honor, I would like also to manifest that the witness gave to this Representation, the original copy of transfer certificate of title no. N-97121, in the name of Ma. Christina R. Corona, married to Renato C. Corona, both of legal age, Filipinos.

And also, a photocopy of this TCT has been pre-marked as exhibit JJ, Your Honor.

In the subpoena, you were also directed to present TCT no. 97122.  Do you have a copy of the original of the said TCT.

ATTY. GARCIA.  Yes, Sir.  I have TCT no. 97122.

REP. BARZAGA.  Witness handing to this Representation the original copy of transfer certificate of title no. 97122. .  And also for the record, like the previous transfer certificate of title, TCT No. 97122 has been previously photocopies and the photocopy has been previously marked as Exhibit KK.  You were also directed to submit the transfer certificate of title No. N-97123.  Do you have right now the original of TCT No. N-97123?

ATTY. GARCIA.  Yes, sir.  I have title No. N-97123.

REP. BARZAGA.  For the record again, Your Honor, the witness has handed to this representation the original copy of transfer certificate of title No. N-97123.  And like in my previous manifestation, a photocopy of this transfer certificate of title was made prior to the start of the hearing, and this TCT No. 97123 has been marked in evidence as Exhibit LL.  You were also directed to bring this afternoon, TCT No. N-97124 in the name of Maria Cristina R. Corona married to Renato C. Corona.  My question is, do you have the original copy of this TCT?

ATTY. GARCIA.  Yes, sir.  I have title No. N-97124.

REP. BARZAGA.  For the record again, Your Honor, I would like to manifest that this Representation received from the witness the original copy of Transfer certificate of title No. 97124.  And a photocopy of this transfer certificate of title has already been made and was previously marked as Exhibit MM, Your Honor.

You were also directed to present TCT No. 97125, do you have the original of TCT No. 97125?

ATTY. GARCIA.  Yes, Your Honor.  I have TCT No. N-97125.

REP. BARZAGA.  Again, Your Honor, I would like to manifest that the witness handed to this Representation the original copy of transfer certificate of title No. N-97125.  And like in my previous manifestation, a photocopy of this TCT was previously made and the photocopy has been marked as Exhibit NN, Your Honor.

And finally, you were directed also to present TCT No. N-85804 in the name of Maria Cristina R. Corona, married to Renato C. Corona.

ATTY. GARCIA.  Yes, I have the TCT No. N-85804.

REP. BARZAGA.  Well, for the record, Your Honor, I was informed that this document was not previously marked.

THE PRESIDING OFFICER.  So, are you ready to mark it?

REP. BARZAGA.  Yes, Your Honor.  May we make a provisional marking that this be marked in evidence as Exhibit OO.

THE PRESIDING OFFICER.  So, mark it accordingly.

REP. BARZAGA.  NN-4, Your Honor.  And considering, Your Honor, that there is no photocopy of this transfer certificate of title, we request that after the presentation of the witness, the witness be permitted to have a photocopy of this document in the presence of both lawyers and that the same be marked as Exhibit NN-4.

ADJOURNMENT OF SESSION

THE PRESIDING OFFICER.  So, I suggest that this is now six o’clock in the afternoon.  We adjourn the trial today and resume the trial on Tuesday so that you can confer with this witness and do the markings of your exhibits as well as you can confer with your other witnesses and mark your  proposed exhibits accordingly so that we will have an orderly proceeding and we will start an examination of these titles in our next hearing onTuesday at 2:00.

REP.TUPAS.  Mr. President.

THE PRESIDING OFFICER.  The chief of the House panel.

REP. TUPAS.  We have 11 witnesses more for today and may we request that they be directed instead of 2:00 on Tuesday at 10:00 in the morning for the marking.

THE PRESIDING OFFICER.  Wait a minute.  The witnesses of the prosecution must come to the Senate for conference with the panel of prosecutors of the House of Representatives at 10:00 in the morning.

REP. TUPAS.  One more, Mr. President.  Earlier, the BIR commissioner was directed to appear on Tuesday, at 2:00 so may we request that she be directed instead to appear here at 10:00 together with the other witnesses for the prosecution.

THE PRESIDING OFFICER.  Maybe if you can contact her and request her to appear because I think she is gone.

REP. TUPAS.  We will do that, Mr. President.

THE PRESIDING OFFICER.  According to the staff, 10:00 will be short for premarking of the exhibits.  So if you can make it at 8:00 so much the better.

REP. TUPAS.  Eight o’clock is fine with us, Mr. President.  Thank you.

THE PRESIDING OFFICER.  The staff will be here at 8:00.  So Majority Floor Leader.

SEN. SOTTO.  Mr. President, may I take this opportunity likewise to remind the court of the caucus at 11:00 a.m. on Tuesday.  And with that, I move to adjourn the trial until 2:00 in the afternoon of Tuesday, January 24, 2012.

THE PRESIDING OFFICER.  Any objection?  (Silence)  There being none, the impeachment trial of the honourable Chief Justice Renato C. Corona is adjourned until 2:00 o’clock  in the afternoon of Tuesday next.  (Gavel)

It was 6:03 p.m.

 

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