SENATE MINORITY LEADER ALAN PETER CAYETANO
Second Manifestation during the 14th day of the impeachment
trial of CJ Corona
Re: Difference between seeking a temporary restraining order and seeking declaratory relief
from the Supreme Court

SUMMARY OF MAIN POINTS

• You seek guidance from the SC by filing a declaratory relief. It is the remedy that seeks the opinion of the SC to clarify your rights under a contract or law. On the other hand, in a TRO, you ask the court to direct a party to refrain from doing something that threatens you with damage or injury. When you are merely looking for guidance, TRO is not the way to go.

ACTUAL MANIFESTATION

Senator Alan Peter S. Cayetano (ASC): Mr. President, I would just like to clarify. The witness said that humingi kayo ng guidance sa Supreme Court. Ano pong finile niyo sa Supreme Court?

PS Bank President Pascual Garcia III (PG): We requested for them to give us a ruling..

ASC: Please be very honest with this court. Ano ang finile ninyo sa Supreme Court at anong hiningi ninyo?

PG: We asked for a temporary restraining order to restrain and protect us from having to disclose these documents because we believe that...

ASC: Mr. President, let me cut you there. Please be honest with this court. Ang sinabi mo kasi you're seeking guidance. Kung declaratory relief ang finile ninyo, ibig sabihin humihingi kayo ng opinion at guidance. Ang hiningi niyo sa kanila ay TRO at injuction, ibig sabihin may stand na kayo na magiging liable kayo kaya hindi niyo ilalabas. Magkaiba ang dalawang ito. Anyway, we will give you leeway. Personally, because I assume you're not a lawyer. Are you a lawyer?

PG: No, I'm not your honor.

ASC: Please be very honest with this court. We'll let it slide this time because siguro wala kang intention na ganyan. Pero ibang iba po ang sinasabi ninyong eto ang stand ng bangko ninyo at ibang iba ang sabihing humihingi kayo ng guidance.