WITNESSES TO BE PRESENTED
We intend to present the following witnesses:
1. Raissa Robles, who will testify among others on the close personal relationship between Corona and GMA and other allegations contained in the Verified Complaint, and other pleadings filed by complainants, and other matters relevant to the instant case.
2. Criselda Yabes, who will testify among others on the close personal relationship between Corona and GMA and other allegations contained in the Verified Complaint, and other pleadings filed by complainants, and other matters relevant to the instant case.
3. Marites Vitug, who will testify among others on the close personal relationship between Corona and GMA, the research she has on the Supreme Court inner processes and other allegations contained in the Verified Complaint, and other pleadings filed by complainants, and other matters relevant to the instant case.
4. Justice Secretary Leila de Lima – who will testify, among others: (1) That various criminal cases have been filed against GMA and FG; (2) That GMA intends to travel for other reasons aside from health (3) That service of the TRO to the Department of Justice was attempted to be made before 6 p.m. on 15 November 2011; (4) That petitioners attempted to leave the country on November 15, 2011; (5) On the allegations contained in the Verified Complaint, and other pleadings filed by complainants, and other matters relevant to the instant case.
5. Principal Physician of former President Gloria Macapagal- Arroyo, Dr. Juliet Gopez-Cervantes, and her surgeon, Dr. Mario Ver – who will attest to GMA’s continuing recovery and her positive prognosis, especially after 6 to 8 months and that there is no medical emergency warranting an immediate flight.
6. Supreme Court Process Server – who will testify, among others: (1) On the working hours of the Supreme Court; (2) that the Temporary Restraining Order was filed beyond working hours.
7. Supreme Court Process Cashier – who will testify, among others: (1) On the working hours of the Supreme Court; (2) that the conditions set were submitted beyond working hours.
8. Ina Reformina and a Mediaman/Journalist – who will testify, among others: (1) That the TRO allowing GMA to leave the country was issued before 6 p.m. on 15 November 2011; (2) That service of the TRO to the Department of Justice was attempted to be made before 6 p.m. on 15 November 2011; (3) That Compliance with TRO requirements, such as the posting of the bond, among others, was made after 6 p.m. on 15 November 2011; (4) Statements made by the Public Information Office of the Supreme Court; (5) On the allegations contained in the Verified Complaint, and other pleadings filed by complainants, and other matters relevant to the instant case.
9. Deputy Clerk of Court – who will testify, among others: (1) That respondent Corona consolidated the two (2) cases involving Arroyo and her husband Mike in order to ensure the hurried issuance of the TRO against the DOJ on 15 November 2011; (2) That the hurried issuance of the TRO against the DOJ on 15 November 2011 by respondent Corona was made in order to give the Arroyos an opportunity to escape prosecution and to frustrate the ends of justice; (3) That such issuance is a tyrannical abuse of power, an act of favoritism and an inexcusably negligent act amounting to a betrayal of public trust; (4) On the allegations contained in the Verified Complaint, and other pleadings filed by complainants, and other matters relevant to the instant case.
10. Enriqueta Vidal, Clerk of Court of the Supreme Court En Banc – who will testify, among others: (1) that Respondent Corona made handwritten corrections on the typewritten draft Resolution Justice Velasco with the instruction that the Chief Justice’s version is to be immediately promulgated; (2) Suppress the dissent of Justice Sereno; and (3)On the allegations contained in the Verified Complaint, and other pleadings filed by complainants, and other matters relevant to the instant case.
11. Assigned Process Server or Sheriff – who will testify, among others: (1) That respondent Corona in order to immediately effect the TRO extended the office hours, asked him to do overtime and to immediately serve the Notices to the Department of Justice and the Office of the Solicitor General;
12. Araceli C. Bayuga, SC Chief Judicial Officer – who will testify, among others: (1) that respondent Corona in order to immediately effect the TRO extended the office hours, asked them to facilitate the payment of the bond to ensure compliance; (2) the time and manner of payment (3) the time that they informed the Office of the Clerk of Court of the payment of the bond.
13. “Juliet” of the Office of the Clerk of Court – that it was only at 8:55am of November 16, one day after GMA attempted to leave, that they received information of the payment of the Bond.
14. Jay Francis P. Baltazar, Notary Public of Magallanes, Makati City (Hostile Witness) – will testify as to the time and manner that the Special Power of Attorney made in favor of Gloria Macapagal Arroyo was notarized.
15. Assigned Cashier to Receive Payment – who will testify, among others: (1) That respondent Corona in order to immediately effect the TRO asked them to receive the payment of bond; (2) The other circumstances surrounding the payment of the money.
16. Justice Maria Lourdes Sereno – who will testify, among others: (1) That the hurried issuance of the TRO against the DOJ on 15 November 2011 by respondent Corona in order to give the Arroyos an opportunity to escape prosecution and to frustrate the ends of justice is a tyrannical abuse of power, an act of favoritism and an inexcusably negligent act amounting to a betrayal of public trust. This was made possible through respondent’s individual acts of: (i) Consolidating the two (2) cases involving Arroyo and her husband Mike; (ii) Facilitating and expediting, as administrative head of the Supreme Court, the issuance and implementation of the TRO issued in favor of Arroyo (i.e. allowing the extension of the office hours of the Supreme Court, among others); (iii) Distorting the Supreme Court decision on the effectivity of the TRO in view of a clear failure to comply with the conditions of the Supreme Court amounted to a betrayal of public trust; (iv) Suppressing the promulgation of the dissenting opinion of Justice Sereno which was submitted on 2 December 2011 but was promulgated only on 13 December 2011; and (v) Providing the Supreme Court spokesman with misleading information; and (2) On the allegations contained in the Verified Complaint, and other pleadings filed by complainants, and other matters relevant to the instant case.
17. Justice Jose Midas P Marquez (Hostile Witness) – who will testify, among others: (1) That the hurried issuance of the TRO against the DOJ on 15 November 2011 by respondent Corona in order to give the Arroyos an opportunity to escape prosecution and to frustrate the ends of justice is a tyrannical abuse of power, an act of favoritism and an inexcusably negligent act amounting to a betrayal of public trust. This was made possible through respondent’s individual acts of: (i) Consolidating the two (2) cases involving Arroyo and her husband Mike; (ii) Facilitating and expediting, as administrative head of the Supreme Court, the issuance and implementation of the TRO issued in favor of Arroyo (i.e. allowing the extension of the office hours of the Supreme Court, among others); (iii) Distorting the Supreme Court decision on the effectivity of the TRO in view of a clear failure to comply with the conditions of the Supreme Court amounted to a betrayal of public trust; (iv) Suppressing the promulgation of the dissenting opinion of Justice Sereno which was submitted on 2 December 2011 but was promulgated only on 13 December 2011; and (v) Providing the Supreme Court spokesman with misleading information; and (2) On the allegations contained in the Verified Complaint, and other pleadings filed by complainants, and other matters relevant to the instant case.
18. Justice Presibetero J. Velasco, Jr. (Hostile Witness) – who will testify, among others: (1) That the hurried issuance of the TRO against the DOJ on 15 November 2011 by respondent Corona in order to give the Arroyos an opportunity to escape prosecution and to frustrate the ends of justice is a tyrannical abuse of power, an act of favoritism and an inexcusably negligent act amounting to a betrayal of public trust. This was made possible through respondent’s individual acts of: (i) Consolidating the two (2) cases involving Arroyo and her husband Mike; (ii) Facilitating and expediting, as administrative head of the Supreme Court, the issuance and implementation of the TRO issued in favor of Arroyo (i.e. allowing the extension of the office hours of the Supreme Court, among others); (iii) Distorting the Supreme Court decision on the effectivity of the TRO in view of a clear failure to comply with the conditions of the Supreme Court amounted to a betrayal of public trust; (iv) Suppressing the promulgation of the dissenting opinion of Justice Sereno which was submitted on 2 December 2011 but was promulgated only on 13 December 2011; and (v) Providing the Supreme Court spokesman with misleading information; (2) that Respondent Corona made handwritten corrections on the typewritten draft Resolution Justice Velasco with the instruction that the Chief Justice’s version is to be immediately promulgated; and (3) On the allegations contained in the Verified Complaint, and other pleadings filed by complainants, and other matters relevant to the instant case. (2) On the allegations contained in the Verified Complaint, and other pleadings filed by complainants, and other matters relevant to the instant case.
We respectfully reserve their right to present additional witnesses as the exigencies of the proceedings may warrant.
VIII.
DOCUMENTARY EVIDENCE TO BE PRESENTED
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Description
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Purpose/s
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Order of consolidation of cases or Minutes of En Banc Session where such consolidation was allowed
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To show, among others, that:
(1) respondent Corona consolidated the two (2) cases involving Arroyo and her husband Mike in order to ensure the hurried issuance of the TRO against the DOJ on 15 November 2011;
(2) the hurried issuance of the TRO against the DOJ on 15 November 2011 by respondent Corona was made in order to give the Arroyos an opportunity to escape prosecution and to frustrate the ends of justice; and
(3) such issuance is a tyrannical abuse of power, an act of bias and prejudice and an inexcusably negligent act amounting to a betrayal of public trust.
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Travel Tickets of Respondent Corona on November 2011
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To show the whereabouts of Corona during November 2011 and to explain that he hurried back to the Supreme Court for the issuance of the TRO
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Bureau of Immigration Entry and Exit of Respondent Corona
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To show the whereabouts of Corona during November 2011 and to explain that he hurried back to the Supreme Court for the issuance of the TRO
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Leave of Absence of Respondent Corona
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To show the whereabouts of Corona during November 2011 and to explain that he hurried back to the Supreme Court for the issuance of the TRO
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Resolution dated 15 November 2011, as published
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To show, among others, that:
(1) respondent Corona rushed the issuance of the TRO against the DOJ on 15 November 2011 in order to give the Arroyos an opportunity to escape prosecution and to frustrate the ends of justice. This is a tyrannical abuse of power, an act of favoritism and an inexcusably negligent act amounting to a betrayal of public trust.
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Minutes of En Banc Sessions dated 18th, 22nd, 23rd, 24th, and 29th of November 2011
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Special Power of Attorney dated 15 November 2011 submitted by the Arroyos in favor of Atty. Ferdinand Topacio appointing him “to produce summons or receive documentary evidence.”
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To show, among others, that:
(1) Arroyo and her husband Mike failed to comply with the Resolution dated 15 November 2011; and
(2) the issuance of the TRO was made prior to the submission of the SPA, a condition precedent to the issuance of the TRO.
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Receipt issued by the Supreme Court for the Two Million Pesos Cash Bond of the Arroyos
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To show, among others, that the issuance of the TRO was made prior to the completion of the conditions precedent to the issuance of the TRO.
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Affidavit from Media who witnessed the following:
i. Issuance of the TRO before 6 p.m.
ii. Service of the TRO to the Department of Justice before 6 p.m.
iii. Compliance with TRO requirements after 6 p.m.
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To show, among others, that:
(1) the issuance of the TRO was made before 6 p.m.;
(2) the service of the TRO to the Department of Justice was made before 6 p.m.;
(3) compliance with the requirements for the issuance of the TRO was made after 6 p.m.;
(4) respondent Corona facilitated and expedited, as administrative head of the Supreme Court, the issuance and implementation of the TRO issued in favor of Arroyo (i.e. allowing the extension of the office hours of the Supreme Court, among others); and
(5) respondent Corona hurried the issuance of the TRO against the DOJ on 15 November 2011 in order to give the Arroyos an opportunity to escape prosecution and to frustrate the ends of justice.
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Video of Atty. Midas Marquez announcing on 18 November 2011 that TRO is in full force and effect and, as far as the SC is concerned, petitioners can travel out of the country immediately.
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To show, among others, that:
(1) respondent Corona provided the Supreme Court spokesman with misleading information;
(2) respondent Corona distorted the Supreme Court decision on the effectivity of the TRO in view of a clear failure to comply with the conditions of the Supreme Court amounted to a betrayal of public trust; and
(3) respondent Corona hurried the issuance of the TRO against the DOJ on 15 November 2011 in order to give the Arroyos an opportunity to escape prosecution.
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Typed-written draft of Justice Velasco referring to the first three sentences of the first paragraph of the clarificatory Resolution subject of the En Banc meeting on 18 November 2011. (This was also referred to in the Letter dated 24 November 2011 of Justice Carpio)
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To show, among others, that:
(1) respondent Corona distorted the Supreme Court decision on the effectivity of the TRO in view of a clear failure to comply with the conditions of the Supreme Court; and
(2) respondent Corona hurried the issuance of the TRO against the DOJ on 15 November 2011 in order to give the Arroyos an opportunity to escape prosecution and to frustrate the ends of justice.
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Justice Carpio’s Modifications of Justice Velasco’s Typed-written draft
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Respondent Corona’s handwritten corrections on the typewritten draft Resolution of Justice Velasco with the instruction that the Chief Justice’s version is to be immediately promulgated.
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Letter dated 24 November 2011 of Justice Carpio
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Resolution dated 22 November 2011, as published on 29 November 2011
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Video of Atty. Midas Marquez announcing on 29 November 2011 that the Supreme Court has always considered the TRO to have not been suspended, and that this ruling was clarified by a 9-4 vote.
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To show, among others, that:
(1) respondent Corona provided the Supreme Court spokesman with misleading information;
(2) respondent Corona distorted the Supreme Court decision on the effectivity of the TRO in view of a clear failure to comply with the conditions of the Supreme Court; and
(3) respondent Corona hurried the issuance of the TRO against the DOJ on 15 November 2011 in order to give the Arroyos an opportunity to escape prosecution and to frustrate the ends of justice.
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Memorandum dated 05 December 2011 of Clerk of Court Enriqueta E. Vidal for the Chief Justice and the Associate Justices
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To show, among others, that:
(1) respondent Corona suppressed the promulgation of the dissenting opinion of Justice Sereno which was submitted on 2 December 2011 but was promulgated only on 13 December 2011; and
(2) respondent Corona hurried the issuance of the TRO against the DOJ on 15 November 2011 in order to give the Arroyos an opportunity to escape prosecution and to frustrate the ends of justice.
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Letter dated 06 December 2011 of Justice Sereno to respondent Corona formalizing her request to be apprised of the legal basis for the non-promulgation of her dissenting opinion, unduly depriving her of her constitutional right as an associate justice.
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Dissenting Opinion of Justice Sereno in G.R. No. 199034 and 199046 as published on 13 December 2011.
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To show, among others, that:
(1) respondent Corona hurried the issuance of the TRO against the DOJ on 15 November 2011 in order to give the Arroyos an opportunity to escape prosecution and to frustrate the ends of justice. This was made possible through respondent Corona’s individual acts of:
a. consolidating the two (2) cases involving Arroyo and her husband Mike;
b. facilitating and expediting, as administrative head of the Supreme Court, the issuance and implementation of the TRO issued in favor of Arroyo (i.e. allowing the extension of the office hours of the Supreme Court, among others);
c. distorting the Supreme Court decision on the effectivity of the TRO in view of a clear failure to comply with the conditions of the Supreme Court amounted to a betrayal of public trust;
d. suppressing the promulgation of the dissenting opinion of Justice Sereno which was submitted on 2 December 2011 but was promulgated only on 13 December 2011; and
e. providing the Supreme Court spokesman with misleading information.
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1. Supreme Court received (with time and date stamp) Petition for Special Civil Actions for Certiorari and Prohibition with Prayer for the Issuance of a Temporary Restraining Order (TRO) and/or Writ of Preliminary Injunction filed by Gloria Macapagal Arroyo (G.R. No. 199034) [GMA TRO Petition], including the Annexes thereto;
2. Supreme Court received (with time and date stamp) Petition for Special Civil Actions for Certiorari and Prohibition with Prayer for the Issuance of a Temporary Restraining Order and/or Writ of Preliminary Injunction docketed as (G.R. No. 199046) [Mike Arroyo TRO Petition], including the Annexes thereto;
3. Official Leave of Respondent Corona applied for days within the month of November 2011;
4. Minutes of the Supreme Court Raffle Committee which handled the GMA and Mike Arroyo TRO Petition;
5. Appointment or Assignment of the Member in Charge of the GMA and Mike Arroyo TRO Petition;
6. Order of consolidation of cases or Minutes of En Banc Session where such consolidation was allowed of the GMA and Mike Arroyo TRO Petition;
7. Agenda and Minutes of the Supreme Court En Banc Sessions dated 15 November 2011;
8. Resolution dated 15 November 2011 on the GMA and Mike Arroyo TRO Petition, as published;
9. Temporary Restraining Order dated 15 November 2011 issued in the GMA and Mike Arroyo TRO Petition;
10. Special Power of Attorney dated 15 November 2011 submitted by GMA and Mike Arroyo in favor of Atty. Ferdinand Topacio appointing him “to produce summons or receive documentary evidence” with the official date and time stamp of the Supreme Court;
11. Official Receipt No. 00300227-SC-EP dated 15 November 2011 issued by the Supreme Court for the Two Million Pesos Cash Bond of GMA and Mike Arroyo with the official date and time stamp;
12. November 15 and 16, 2011 Sheriff’s Return of service of the GMA and Mike Arroyo TRO dated 15 November 2011 upon the Department of Justice and the Office of the Solicitor General;
13. Certification from the Fiscal Management and Budget Office of the Supreme Court dated November 15, 2011 with the date and time it was received by the Supreme Court Clerk of Court showing it to be November 16, 2011 at 8:55am;
14. Agenda and Minutes of the Supreme Court En Banc Sessions dated 18 November 2011;
15. Resolution dated 18 November 2011 issued on the GMA and Mike Arroyo TRO Petition, as published;
16. Agenda and Minutes of the Supreme Court En Banc Sessions dated 22 November 2011;
17. Typed-written draft of Justice Presbitero Velasco (Justice Velasco) of the 22 November 2011 session on the GMA and Mike Arroyo TRO Petition (Justice Velasco draft);
18. Justice Antonio T. Carpio’s Modifications of Justice Velasco’s draft on the GMA and Mike Arroyo TRO Petition;
19. Respondent Corona’s handwritten corrections on Justice Velasco’s draft on the GMA and Mike Arroyo TRO Petition dated 22 November 2011 with the instruction that the Chief Justice’s version is to be immediately promulgated as received by the Supreme Court Clerk of Court on 23 November 2011;
20. Resolution dated 22 November 2011 on the GMA and Mike Arroyo TRO Petition, as published;
21. Logbook showing the date and time Justice Sereno’s dissent to the 22 November 2011 Resolution was received by the Clerk of Court En Banc;
22. Dissenting Opinion of Justice Sereno in G.R. No. 199034 and 199046 as published on 13 December 2011;
23. Dissenting Opinion of Justice Carpio in G.R. No. 199034 and 199046 as published;
24. Agenda and Minutes of the Supreme Court En Banc Sessions dated 24 November 2011;
25. Agenda and Minutes of the Supreme Court En Banc Sessions dated 29 November 2011
26. Dissenting Opinion of Justice Velasco in G.R. No. 199034 and 199046 as published;
27. Dissenting Opinion of Justice Abad in G.R. No. 199034 and 199046 as published;
28. Letter dated 24 November 2011 of Justice Carpio addressed to the Chief Justice with title: “Re: GR No. 199034, Gloria Macapagal Arroyo v. Hon. Leila M. De Lima” copy furnished to all Justices and the Clerk of Court.
29. Memorandum dated 05 December 2011 of Clerk of Court Enriqueta E. Vidal for the Chief Justice and the Associate Justices stating that as “per instruction of Associate Justice Presbitero J. Velasco, the dissenting opinion of Associate Justice Maria Lourdes P.A. Sereno (Sereno) in the Resolution dated 22 November 2011 shall be taken up in the session of the En Banc on Tuesday, December 6, 2011”;
30. Letter dated 06 December 2011 of Justice Sereno to respondent Corona formalizing her request to be apprised of the legal basis for the non-promulgation of her dissenting opinion, unduly depriving her of her constitutional right as an associate justice copy, furnished to all Justices and the Clerk of Court;
31. Agenda and Minutes of the Supreme Court En Banc Sessions dated 06 December 2011;
32. Certified True Copy of the decision in “Leave Division OCA-OAS vs. Wilma Salvacion P. Huesdens” docketed as A.M. No. P-11-2927, promulgated on 13 December 2011;
33. Certified True Copy of the Supreme Court Internal Rules;
34. Certified True Copy of G.R. No. 197930 where the Supreme Court denied Efraim Genuino’s prayer for a TRO against Watchlist Order No. 2011-422, issued under the authority of the same DOJ Circular No. 41 that is the subject of the GMA and Mike Arroyo TRO Petitions;
35. Official Appointment of Respondent Corona as Associate Justice of the Supreme Court;
36. Official Appointment of Respondent Corona as Chief Justice;
37. Official Appointment of Midas Marquez as Spokesperson of the Supreme Court. As stated in the Complaint, the Spokesperson in several instances made misleading statements;
38. Official Appointment of Justice Arturo D. Brion (Brion) as Justice of the Supreme Court. Justice Brion was present in the meetings and may shed light as to who drafted the Resolutions dated November 15 and November 18 2011 on the GMA and Mike Arroyo TRO Petition;
39. Official Appointment of Justice Presibetero Velasco as Justice of the Supreme Court. Justice Velasco was mentioned several times in the Dissenting Opinion of Justice Sereno in G.R. No. 199034 and 199046 as published and he filed a Dissenting Opinion in G.R. No. 199034 and 199046 as published;
40. Official Appointment of Justice Roberto A. Abad as Justice of the Supreme Court. Justice Abad filed a Dissenting Opinion in G.R. No. 199034 and 199046 as published
1. Bureau of Immigration Records stating the entry and exit in the Philippines of Respondent Renato Corona during the months of October and November, 2011;
2. Department of Justice received Petition for Special Civil Actions for Certiorari and Prohibition with Prayer for the Issuance of a Temporary Restraining Order (TRO) and/or Writ of Preliminary Injunction filed by Gloria Macapagal Arroyo (G.R. No. 199034) [GMA TRO Petition], including the Annexes thereto;
3. Department of Justice received Supreme Court received (with time and date stamp) Petition for Special Civil Actions for Certiorari and Prohibition with Prayer for the Issuance of a Temporary Restraining Order and/or Writ of Preliminary Injunction docketed as (G.R. No. 199046) [Mike Arroyo TRO Petition], including the Annexes thereto;
4. All pleadings and motions filed and received in the Mike Arroyo and GMA TRO Petition;
5. Record of Denial of the Attempted Exit of Gloria Macapagal Arroyo (GMA) and Jose Miguel Tuason Arroyo (Mike Arroyo) with the Bureau of Immigration on November 15, 2011;
6. Warrants of Arrest issued by Branch 112 of the Regional Trial Court of Pasay City against GMA;
7. Department of Justice received Special Power of Attorney dated 15 November 2011 submitted by the Arroyos in favor of Atty. Ferdinand Topacio appointing him “to produce summons or receive documentary evidence.”
8. Department of Justice received Manifestation or Motion informing them of the Compliance with the conditions set in the 15 November 2011 TRO issued by the Supreme Court in the GMA and Mike Arroyo TRO Petition.
We respectfully reserve their right to present additional documentary evidence.
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