request for subpoena feb2 p142

8/3/2019 Request for Subpoena Feb2 P142

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REPUBLIC OF TH E PHILIPPINESCongress of the Philippines

SenateSITTING AS THE IMPEACHMENT TRIBUNAIj2 FE

IN THE MATTER OF THEIMPEACHMENT OF RENATOC. CORONA AS CHIEF JUSTICEOF THE SUPREME COURT OFTHE PHILIPPINES

REPRESENTATIVES NIEL C.TUPAS (other complainantscomprising at least one third (1/3)of the total Members of the Houseor Representatives as are indicatedbelow.)

Case No. 002-2011

J{-----------------------------------------------------------J{REQUEST FOR

SUBPOENA Duces TecumIn relation to the instant impeachment proceedings, The HOUSE OFREPRESENATIVES respectfully request for the issuance of subpoena duces tmlmrequiring ENRIQUETA E. VIDAL, Clerk of Court of the Supreme Court En Banewith office address at: SUPREME COURT, PADRE FAURA STREET,

MANILA to bring on 7 February 2012 at 10:00 a.m. or on such date and time asmay be determined by the Honorable Impeachment Tribunal at the Senate SessionHall, Senate of the Philippines, Pasay City, official and/or certified true copies of thefollowing documents:

Document Purpose1. Supreme Court received (with To show, among others, that respondenttime and date stamp) Petitiop for Corona rushed the issuance of the TROSpecial Civil Actions for against the DO] on 15 November 2011Certiorari and Prohibition with 1U order to give the Arroyos anPrayer for the Issuance of a opportunity to escape prosecution and toTemporary Restraining Order frustrate the ends of justice.;(TRO) and/or Writ of Respondent Corona promulgated aPreliminary Injunction flled by verSlOn of the En Bane decision that isGloria Macapagal Arroyo (G.R. contrary to the manner of voting by theNo. 199034) [GMA TRO Justices; and Respondent used his votesPetition], including the Annexes to favor GMA and her husband tothereto; ensure their speedy escape

2. Supreme Court received (with To show, among others, that


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time and date stamp) Petition forSpecial Civil Actions forCertiorari and Prohibition withPrayer for the Issuance of aTemporary Restraining Orderand/or Writ of PreJiminaryInjunction docketed as (G.R. No.199046) [Mike Arroyo TROPetition), including the Annexesthereto;

Respondent Corona's travelorder or leave applied for withinthe month of November 2011;

4. Minutes of the Supreme CourtRaffle Committee which handledthe GMA and Mike Arroyo TROPetition;

5. Appointment or Assignment ofthe Member-in-Charge of theGMA and Mike Arroyo TROPetition;

6. Notes of respondent Coronaduring the 15 November 2011Supreme Court En Banc Sessionon the GMA and Mike ArroyoTRO Petition (which under theInternal Rules should be given tothe Clerk of Court since it is thebasis for drafting Minutes andresolutions);

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respondent Corona rushed the issuanceof the TR O against the DOJ on 15November 2011 in order to give theArroyos an opportunity to escapeprosecution and to frustrate the ends ofjustice; Respondent Corona promulgateda version of the En Banc decision that iscontralY to the manner of voting by theJustices; and Respondent used his votesto favor GMA and her husband toensure their speedy escapeTo show, among others, that respondentCorona rushed back to the Philippinesfor the issuance of the TR O against theDO] on 15 November 2011 in order tog1ve the Arroyos an opportunity toescape prosecution and to frustrate theends of justiceTo show, among others, that respondentCorona rushed the issuance of the TROagainst the DOJ on 15 November 20111n order to g1ve the Arroyos anopportunity to escape prosecution and tofrustrate the ends of justice;Respondent Corona promulgated aversion of the En Banc decision that iscontrary to the manner of voting by theJustices; and Respondent used his votesto favor GMA and her husband toensure their speedy escapeTo show, among others, that respondentCorona rushed the issuance of the TR Oagainst the DO] on 15 November 20111n order to g1ve the Arroyos anopportunity to escape prosecution and tofrustrate the ends of justice;Respondent Corona promulgated aversion of the En Banc decision that iscontrary to the manner of voting by theJustices; and Respondent used his votesto favor GMA and her husband toensure their speedy escapeTo show, among others, that respondentCorona rushed the issuance of the TROagainst the DO] on 15 November 20111n order to glVe the Arroyos anopportunity to escape prosecution and tofrustrate the ends of justice;Respondent Corona promulgated aversion of the En Banc decision that iscontralY to the manner of voting by theJustices; and Respondent used his votesto favor GMA and her husband toensure their speedy escape

i. Agenda and Minutes of the 15 To show, among others, that respondentNovember 2011 Supreme Court Corona rushed the issuance of the TROEn Banc Session on the GMA against the DOl on 15 November 2011


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and Mike Arroyo TRO Petition;

8. Resolution dated 15 November2011 i l l the GMA and MikeArroyo TRO Petition;

9. Temporary Restraining Orderdated 15 November 2011 issuedin the GMA and Mike ArroyoTRO Petition;

10. Logbook or receiving copyshowing the time the TRO wasissued to the counsel for GMAand Mike Arroyo as well as thedate and time the TRO wasreceived by the Sheriff forservice to the parties;

11. Speda/ Power ofAttoTnry dated 15November 2011 submitted byGMA and Mike Arroyo in favorof Atty. Ferdinand Topacio andAnacleto M. Diaz in compliancewith the TRO dated 15November 2011;

12. Official Receipt No. 00300227-

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il l order to glVe the Arroyos anopportunity to escape prosecution and tofrustrate the ends of justice;Respondent Corona promulgated aversion of the En Banc decision that iscontrary to the manner of voting by theJustices; and Respondent used his votesto favor GMA and her husband toensure their speedv escapeTo show, among others, that respondentCorona rushed the issuance of the TR Oagainst the DOJ on 15 November 2011i l l order to glVe the Arroyos anopportunity to escape prosecution and tofrustrate the ends of justice;Respondent Corona promulgated aversion of the En Bane decision that iscontrary to the manner of voting by theJustices; and Respondent used his votesto favor GMA and her husband toensure their speedy escapeTo show, among others, that respondentCorona rushed the issuance of the TROagainst the DOJ on 15 November 2011i l l order to give the Arroyos anopportunity to escape prosecution and tofrustrate the ends of justice;Respondent Corona promulgated aversion of the En Bane decision that iscontrary to the manner of voting by theJustices; and Respondent used his votesto favor GMA and her husband toensure their speedy escapeTo show, among others, that respondentCorona rushed the issuance of the TR Oagainst the DOJ on 15 November 2011In order to give the Arroyos anopportunity to escape prosecution and tofrustrate the ends of justice;Respondent Corona promulgated aversion of the En Bane decision that iscontrary to the manner of voting by theJustices; and Respondent used his votesto favor GMA and her husband toensure their speedy escapeTo show, among others, that respondentCorona rushed the issuance of the TROagainst the DOJ on 15 November 2011In order to give the Arroyos anopportunity to escape prosecution and tofrustrate the ends of justice;Respondent Corona promulgated aversion of the En Banc decision that iscontrary to the manner of voting by theJustices; and Respondent used his votesto favor GMA and her husband toensure their speedy escapeTo show, among others, that respondent


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SC-EP dated 15 November 2011issued by tbe Supreme Court fortbe Two Million Pesos CashBond of GMA and Mike Arroyowitb tbe official date and timestamp;

13. November 15 and 16, 2011Sheriffs Return of service of tbeGMA and Mike Arroyo TROdated 15 November 2011 upontbe Department of Justice andthe Office of the SolicitorGeneral;

14. Certification from tbe FiscalManagement and Budget Officeof tbe Supreme Court datedNovember 15, 2011 with tbedate and time it was received bytbe Supreme Court Clerk ofCourt showing it to beNovember 16, 2011 at 8:55am;

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Corona rushed the issuance of the TROagainst the DOJ on 15 November 2011In order to give the Arroyos anopportunity to escape prosecution and tofrustrate the ends of justice;Respondent Corona promulgated aversion of the En Banc decision tbat iscontrary to the manner of voting by tbeJustices; and Respondent used bis votesto favor GMA and her husband toensure their speedy escapeTo show, among otbers, that respondentCorona rushed the issuance of the TR Oagainst the DOJ on 15 November 2011In order to glVe the Arroyos anopportunity to escape prosecution and tofrustrate the ends of justice;Respondent Corona promulgated aversion of the En Banc decision tbat iscontrary to tbe manner of voting by tbeJustices; and Respondent used his votesto favor GMA and her husband toensure tbeir speedy escapeTo show, among others, that respondentCorona rushed the issuance of the TROagainst the DOJ on 15 November 2011in order to give the Arroyos anopportunity to escape prosecution and tofrustrate tbe ends of justice;Respondent Corona promulgated aversion of the En Banc decision tbat iscontrary to the manner of voting by theJustices; and Respondent used his votesto favor GMA and her husband toensure their speedy escape

15. Notes of respondent Corona of To show, among others, that respondentthe 18 November 2011 Supreme Corona rushed tbe issuance of tbe TR OCourt En Banc Session on tbe against the DOJ on 15 November 2011GMA and Mike Arroyo TRO In order to give the Arroyos anPetition; opportunity to escape prosecution and to

16. Agenda and Minutes of the 18November 2011 Supreme CourtEn Banc Session;

frustrate the ends of justice;Respondent Corona promulgated aversion of the En Banc decision that iscontrary to the manner of voting by theJustices; and Respondent used his votesto favor GMA and her husband toensure their speedy escapeTo show, among others, that respondentCorona rushed the issuance of the TR Oagainst the DO] on 15 November 20111n order to give the Arroyos anopportunity to escape prosecution and tofrustrate the ends of justice;Respondent Corona promulgated averSiOn of tbe En Bane decision that iscontrary to tbe manner of voting by theJustices; and Respondent used bis votesto favor GMA and her husband to


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17. Resolution dated 18 November2011 issued in the GMA andMike Arroyo TR O Petition;

18. Notes of respondent Corona oftbe 22 November 2011 SupremeCourt En Bane Session on tbeGMA and Mike Arroyo TROPetition;

19. Agenda and Minutes of the 22November 2011 Supreme CourtEn Banc Session on tbe GMAand Mike Arroyo TR O Petition;

20. Typed-written draft of JusticePresbitero Velasco OusticeVelasco) of the 22 November2011 Resolution on tbe GMAand Mike Arroyo TROPetitionOustice Velasco draft);

21. Justice Antonio T. Carpio'sModifications of JusticeVelasco's draft of the 22November 2011 Resolution ontbe GMA and Mike Arroyo TROPetition;

Corona's

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ensure their speedy escapeTo show, among others, that respondentCorona mshed the issuance of the TR Oagainst the DOJ on 15 November 2011111 order to give the Arroyos anopportunity to escape prosecution and tofrustrate the ends of justice;Respondent Corona promulgated aversion of tbe En Bane decision that iscontrary to tbe manner of voting by theJustices; and Respondent used his votesto favor GMA and her husband toensure their speedy esclleTo show, among others, that respondentCorona rushed the issuance of tbe TROagainst the DOJ on 15 November 2011in order to give the Arroyos anopportunity to escape prosecution and tofrustrate the ends of justice;Respondent Corona promulgated aversion of the En Bane decision tbat iscontrary to tbe manner of voting by tbeJustices; and Respondent used his votesto favor GMA and her husband toensure their speedy escapeTo show, among otbers, that respondentCorona rushed tbe issuance of the TR Oagainst tbe DOJ on 15 November 2011in order to give tbe Arroyos anopportunity to escape prosecution and tofmstrate the ends of justice;Respondent Corona promulgated aversion of tbe En Bane decision tbat iscontrary to tbe manner of voting by tbeJustices; and Respondent used his votesto favor GMA and her husband toensure tbeir speedy escapeTo show, among others, that respondentCorona rushed tbe issuance of tbe TR Oagainst tbe DOJ on 15 November 2011in order to give the Arroyos anopportunity to escape prosecution and tofmstrate tbe ends of justice;Respondent Corona promulgated aversion of tbe En Banc decision that iscontraty to the manner of voting by tbeJustices; and Respondent used his votesto favor GMA and her husband toensure their speedy escapeTo show, among otbers, that respondentCorona rushed the issuance of tbe TR Oagainst the DOJ on 15 November 2011111 order to give the Arroyos anopportunity to escape prosecution and tofmstrate the ends of jusnce;Respondent Corona promulgated aversion of the En Banc decision that is2. Respondenthandwritten corrections on contrary to tbe manner of voting by the


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Justice Velasco's draft of the 22 Justices; and Respondent used his votesNovember 2011 Resolution on to favor GMA and her husband tothe GlvIA and Mike Arroyo TRO ensure their speedy escapePetition, with the instruction thatthe Chief Justice's version is tobe immediately promulgated asreceived by the Supreme CourtClerk of Court on 23 November2011;

23. Resolution dated 22 November To show, among others, that respondent2011 on the GMA and Mike Corona rushed the issuance of the TROArroyo TRO Petition; against the DOJ on 15 November 2011

i l l order to glVe the Arroyos anopportunity to escape prosecution and tofrustrate the ends of justice;Respondent Corona promulgated aversion of the En Banc decision that iscontrary to the manner of voting by theJustices; and Respondent used his votesto favor GMA and her husband toensure their speedv escape

24. Logbook showing the date andtime Justice Sereno's dissent tothe 22 November 2011Resolution was received by theClerk of Court En Banc;

:25. Dissenting Opinions dated 15November 2011, 18 November2011 and 13 December 2011 ofJustice Sereno on the GMA andMike Arroyo TRO Petition;

26. Dissenting Opinions dated 15November 2011 and 13December 2011 of Justice Carpioon the GMA and Mike ArroyoTRO Petition;

To show, among others, that respondentCorona rushed the issuance of the TROagainst the DOJ on 15 November 2011in order to give the Arroyos anopportunity to escape prosecution and tofrustrate the ends of justice;Respondent Corona promulgated aversion of the En Banc decision that iscontrary to the manner of voting by theJustices; and Respondent used his votesto favor GMA and her husband toensure their speedy escapeTo show, among others, that respondentCorona rushed the issuance of the TROagainst the DOJ on 15 November 2011i l l order to glVe the Arroyos anopportunity to escape prosecution and tofrustrate the ends of justice;Respondent Corona promulgated aversion of the En Banc decision that iscontrary to the manner of voting by theJustices; and Respondent used his votesto favor GMA and her husband toensure their speedv escapeTo show, among others, that respondentCorona rushed the issuance of the TROagainst the DOJ on 15 November 2011in order to give the Arroyos anopportunity to escape prosecution and tofrustrate the ends of justice;Respondent Corona promulgated aversion of the En Banc decision that iscontrary to the manner of voting by theTustices; and Respondent used his votes


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to favor GMA and her husband toensure their speedy escape

27. Notes of respondent Corona of To show, among others, that respondentthe 29 November 2011 Supreme Corona rushed the issuance of the TR OCourt En Banc Session on the against the DOJ on 15 November 2011GMA and Mike Arroyo TRO in order to give the Arroyos anPetition; opportunity to escape prosecution and tofrustrate the ends of justice;

Respondent Corona promulgated aversion of the En Banc decision that iscontrary to the manner of voting by theJustices; and Respondent used his votesto favor GMA and her husband toensure their speedy escape

28. Agenda and Minutes of the 29 To show, among others, that respondentNovember 2011 Supreme Court Corona rushed the issuance of the TR OEn Banc Session on the GMA against the DO J on 15 November 2011and Mike Arroyo TR O Petition; In order to gtve the Arroyos anopportunity to escape prosecution and to

frustrate the ends of justice;Respondent Corona promulgated aversion of the En Banc decision that iscontrary to the manner of voting by theJustices; and Respondent used his votesto favor GMA and her husband toensure their speedy escape

29. Separate Opinion dated 13 To show, among others, that respondentDecember 2011 of Justice Corona rushed the issuance of the TR OVelasco on the GMA and Mike against the DOJ on 15 November 2011Arroyo TR O Petition; In order to give the Arroyos an

30. Concurring Opinion dated 13December 20110f Justice Abadon the GMA and Mike ArroyoTR O Petition;

31. Letter dated 24 November 2011of Justice Carpio addressed tothe Chief Justice with tide: "Re:GR No. 199034, GloriaMacapagal Arroyo v. Hon. LeilaM. De Lima" copy furnished toall Justices and the Clerk of

opportunity to escape prosecution and tofrustrate the ends of justice;Respondent Corona promulgated aversion of the En Banc decision that iscontrary to the manner of voting by theJustices; and Respondent used his votesto favor GMA and her husband toensure their speedy escapeTo show, among others, that respondentCorona rushed the issuance of the TROagainst the DOJ on 15 November 2011In order to give the Arroyos anopportunity to escape prosecution and tofrustrate the ends of justice;Respondent Corona promulgated aversion of the En Bane declSlon that iscontrary to the manner of voting by theJustices; and Respondent used his votesto favor GMA and her husband toensure their speedy escapeTo show, among others, that respondentCorona rushed the issuance of the TROagainst the DOJ on 15 November 2011In order to give the Arroyos anopportunity to escape prosecution and tofrustrate the ends of justice;Respondent Corona promulgated aversion of the En Banc decision that is


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Court.

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contrary to the manner of voting by theJustices; and Respondent used his votesto favor GMA and her husband toensure their speedy escape

32. Memorandum dated 05 To show, among others, tha t respondentDecember 2011 of Clerk of Corona rushed the issuance of the TROCourt Enriqueta E. Vidal for the against the DOJ on 15 November 2011Chief Justice and the Associate 1n order to give the Arroyos anJustices stating that as "per opportunity to escape prosecution and toinstruction of Associate Justice frustrate the ends of justice;Presbitero J. Velasco, the Respondent Corona promulgated adissenting opinion of Associate version of the En Bane decision that isJustice Maria Lourdes P.A. contrary to the manner of voting by theSereno (Sereno) 1n the Justices; and Respondent used his votesResolution dated 22 November to favor GMA and her husband to2011 shall be taken up in the ensure their speedy escapeseSSlOn of the En Bane onTuesday, December 6, 2011";

33. Letter dated 06 December 2011of Justice Sereno to respondentCorona formalizing her requestto be apprised of the legal basisfor the non-promulgation of herdissenting opinion, furnished toall Justices and the Clerk ofCourt;

To show, among others, that respondentCorona rushed the issuance of the TROagainst the DOJ on 15 November 20111n order to gIVe the Arroyos anopportunity to escape prosecution and tofrustrate the ends of justice;Respondent Corona promulgated aversion of the En Banc decision that iscontrary to the manner of voting by theJustices; and Respondent used his votesto favor GMA and her husband toensure their speedy escape

34. Agenda and Minutes of the To show, among others, that respondentSupreme Court En Bane Corona rushed the issuance of the TROSessions dated 06 December against the DOJ on 15 November 20112011; In order to give the Arroyos an

opportunity to escape prosecution and tofrustrate the ends of justice;Respondent Corona promulgated aversion of the En Banc decision that iscontrary to the manner of voting by theJustices; and Respondent used his votesto favor GMA and her husband toensure their speedy escape

35. Certified True Copy of the To show, among others, that respondentdecision il l "Leave Division Corona favored only Gl'vLAOCA-OAS vs. Wilma SalvacionP. Huesdens" docketed as A.M.No. P-11-2927, promulgated on13 December 2011;

.36. Certified True Copy of the To show, among others, that respondentCorona rushed the issuance of the TRO


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Supreme Court Internal Rules;

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against the DO] on 15 November 2011m order to glVe the Arroyos anopportunity to escape prosecution and tofrustrate the ends of justice;Respondent Corona promulgated aversion of the En Bane decision that iscontrary to the manner of voting by the] ustices; and Respondent used his votesto favor GMA and her husband toensure their speedy escape

37. Certified True Copy of G.R. No. To show, among others, that respondent197930 where the Supreme Corona favored only GMACourt denied Efraim Genuino'sprayer for a TRO againstWatchlist Order No. 2011-422,issued under the authority of thesame DO] Circular No. 41 that isthe subject of the GMA andMike Arroyo TRO Petitions;

38. Official Appointment ofRespondent Corona as AssociateJustice of the Supreme Court;

39. Official AppointmentRespondent Corona asJustice;

ofChief

40. Official Appointment of MidasMarquez as Spokesperson of theSupreme Court. As stated in theComplaint, the Spokesperson inseveral instances mademisleading statements;

41. Official Appointment of JusticeArturo D. Brion (Brion) as

To show, among others, that respondentCorona rushed the issuance of the TR Oagainst the DOJ on 15 November 2011m order to gtve the Arroyos anopportunity to escape prosecution and tofrustrate the ends of justice; and on theclose personal relationship betweenCorona and GMATo show, among others, that respondentCorona rushed the issuance of the TROagainst the DO] on 15 November 2011m order to give the Arroyos anopportunity to escape prosecution and tofrustrate the ends of justice; andRespondent used his votes to favorGMA and her husband to ensure theirspeedy escape

Respondent Corona distorted theSupreme Court decision on theeffectivity of the TRO in view of a clearfailure to comply with the conditions ofthe Supreme Court amounting to abetrayal of public uust; and thatRespondent suppressed thepromulgation of the dissenting opinionof Justice Sereno which was submittedon 2 December 2011 bu t waspromulgated only on 13 December 2011;and that Respondent provided theSupreme Court spokesman withmisleading informationTo show, among others, that respondentCorona rushed the issuance of the TRO


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Justice of the Supreme Court.Justice Brion was present in theSupreme Court En BaneSessions and may shed light as towho drafted the Resolutionsdated November 15, 2011 andNovember 18, 2011 on the GMAand Mike Arroyo TRO Petition;

42. Official Appointment of JusticePresibetero Velasco as Justice ofthe Supreme Court.

43. Official Appointments of JusticeDiosdado M. Peralta, JusticeLucas P. Bersamll, Justice JoseP. Perez, Justice Roberto A.Abad, Justice Mariano C. DelCastillo, Justice Teresita J.Leonardo de Castro, and JusticeMartin S. Villarama

44. Rollo of the cases with G.R. No.199034 and 199046.

Respectfully Submitted,

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against the DOJ on 15 November 2011in order to gIve the Arroyos anopportunity to escape prosecution and tofrustrate the ends of justice; andRespondent used his votes to favorGMA and her husband to ensure theirspeedy escape

To show, among others, that respondentCorona rushed the issuance of the TROagainst the DOJ on 15 November 20111n order to gIVe the Arroyos anopportunity to escape prosecution and tofrustrate the ends of justice; andRespondent used his votes to favorGMA and her husband to ensure theirspeedy escape

To show, among others, that respondentCorona rushed the issuance of the TROagainst the DOJ on 15 November 2011in order to give the Arroyos anopportunity to escape prosecution and tofrustrate the ends of justice; andRespondent used his votes to favorGMA and her husband to ensure theirspeedy escape

To show, among others, that respondentCorona rushed the issuance of the TR Oagainst the DOJ on 15 November 20111n order to gIve the Arroyos anopportunity to escape prosecution and tofrustrate the ends of justice;Respondent Corona promulgated aversion of the En Bane decision that iscontrary to the manner of voting by theJustices; and Respondent used his votesto favor GMA and her husband toensure their speedy escape

Quezon City for Pasay City, February 2,2012.


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By:

Copy Furnished (By personal service):

HOUSE OF REPRESENTATIVESProsecution PanelAmbrosio Padilla Hall2nd Floor, GSIS Bldg., Financial Center,Roxas Blvd., Pasay City

. NIEL C. T U ~ . . . p C 'l,ressman, 511> District, Iloilo

hairman, Committee on JusticeLead Prosecutor

Justice Serafin R. Cuevas (Ret.) et aJ.Counsel for Respondent ChiefJustice Renato CoronaSuite 1902 Security Bank Centre6776 Ayala AvenueMakati City, Philippines 1226

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request for subpoena feb2 p142

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