Impeachment Redux

Former President Estrada's place in history was ensured when he became the first Asian president to be impeached and the second Philippine president to be ousted by People Power.

People's memories, however, have the unfortunate habit of becoming blurred or distorted as time passes. Even official accounts (read: government accounts) of history can become distorted or faulty. That is, unless persons or groups take the time to painstakingly record the events that unfold in their time.

One-Stop Impeachment Shop is part of Bulatlat.com's humble efforts to provide the future generation with a comprehensive record of the historic impeachment trial of Joseph Ejercito Estrada. Time and personnel constraints, however, keep us from immediately finishing all parts of this section, but we will upload each part as soon as it is ready for publication.

To all of you, students of history, mag-Bulatlat.com na!

 

The Witnesses Against Estrada And Their Testimonies

GEN. ROBERTO LASTIMOSO, former director, Philippine National Police

Testified that former President Joseph Estrada instructed him to "coordinate" with Singson on jueteng operations. Lastimoso's affidavit (dated Oct. 12, 2000, with supplemental affidavit) directly linking Estrada to jueteng operations was presented.Defense counsel Siegfrid Fortun quoted Lastimoso's affidavit as saying that some of his statements and handwritten annotations were based on his own presumptions. Fortun said that Lastimoso merely presumed that he was being instructed by the President to coordinate with Singson regarding his jueteng operations.Fortun also presented a memorandum issued by Lastimoso which said that the President is ordering an immediate stop to gambling activities nationwide, and that the memo serves as an ultimatum to police officials to stop jueteng activities in their respective areas of jurisdiction. This, defense said, contradicts Lastimoso's claim about Estrada's order.

During re-direct examination, Lastimosa quoted exactly what Estrada told him: "O tulungan mo siya (referring to Singson) . Siya ang mamahala sa jueteng dito sa Luzon, tulungan mo siya at mag-coordinate kayong dalawa."

He also explained that the anti-jueteng memo dated July 31, 1998 he issued came before the President's instruction for him to coordinate with Singson on jueteng operations.

 

YOLANDA RICAFORTE, Estrada's jueteng auditor

Ricaforte was asked to turn-over the jueteng ledger or "listahan."

 

ANTON PRIETO, Presidential Assistant for Bicol Affairs

Denied having issued a Philippine National Bank (Naga branch, account number 00445-810-682-2) check in the amount of P1.19 million to Singson. But on question and prodding of Senator-Judge Renato Cayetano, Prieto admitted, upon showing of his specimen signatures, that he has up to four different signatures.

EMMA LIM, long time employee of Gov. Singson and serves as jueteng money courier

Testified that she received jueteng collections in various occasions from Prieto, San Juan Mayor and presidential son Jinggoy Estrada and suspected gambling lord Bong Pineda. The collections were either deposited into the account of Singson or given to Ricaforte.

From January-March 1999, Lim said she collected jueteng pay-offs at least three times from the office of Mayor Jinggoy Estrada. The first and second times were in cash bundles of P1 million each, the third time was in the form of a personalized check which the face of the mayor on it. Lim said she also made a collection at the home of Pineda in Greenhills, San Juan, through Pineda's brother Romy in the amount of P5 million.

Lim testified she was also instructed by Singson to receive jueteng collections from Anton Prieto whom she met at the Hotel Dusit Nikko. She received from him a sealed envelope containing a P1.19 million check from PNB-Naga (dated April 7, 1999); and a P1.155 million PNB Naga branch check with check number 0016119.

Lim testified depositing the checks handed over by Prieto from jueteng collections in Bicol. She said the various amounts were remitted to Estrada through Singson. She showed deposit slips from the checks she deposited at the Metrobank Ayala branch in the account of Singson.

One time, Lim said, she delivered P5 million (placed inside a black bag) to President Estrada in Malacañang. She gave the bag to the president through his secretary Malou who called up Singson on the phone to verify the amount. Lim said Estrada was standing nearby when she came.

During cross-examination, Lim stood firm on her story and dismissed the defense's remarks on the illegality of her actions by saying "Kay presidente naman ang jueteng."

 

FRANCISCO YAP JR., presidente, Philippine Clearing House Corp.

Yap confirmed the checks presented as exhibits. He identified them as cashier's checks, totaling P200 million which, he said, came from Equitable PCIBank branch in Makati City.

Yap also confirmed that six (6) checks, microfilm copies of which were shown by the prosecution, were cleared by the Philippine Clearing House. The amounts were P11 million, P7 million, P77 million, P91 million and P3 million. He said the checks were extraordinary because they were in big amounts, payable to cash or bearer and had no endorsement at the back. Normally, Yap explained, the bank would write the account number of the intended recipient at the back of the check.

 

MIRIAM "TWINK" MACARAIG, reporter, Channel News Asia and member of FOCAP

Macaraig narrated that on Nov. 10, 2000, the Foreign Correspondents Association of the Philippines (Focap) had President Estrada as the main guest and that Macaraig and her crew documented the event. Macaraig confirmed a transcript of the Focap press conference presented by prosecution.

During the conference, Conrad Muller of the Sydney Morning Herald asked Estrada why he did not have Singson investigated after the latter offered to bribe him. Macaraig quoted Estrada as saying that a President has a lot of things to do.

Macaraig also quoted Malou Mangahas of Reuters as asking if Estrada recently won in gambling, and that Estrada neither confirmed nor denied it, and refused to say the amount he won.

From an Associated Press reporter, Macaraig quoted President Estrada as saying that the money for the Muslim Youth Foundation was "in the bank. It's in Equitable Bank."

 

MA. CARMENCITA ITCHON, employee of Gov. Luis Singson

Itchon explained that she was hired on Feb. 19, 1999 by Singson as accountant for Fontanebleau, the company formed to set up a casino in Clark Air Base for Estrada. Itchon said almost P65 million in jueteng collections were spent to set up Fontanebleau. At the time, she said, there were no employees except for herself. She was in fact the only employee from Feb. 1999 up to April 15, 1999.

On April 16, 1999, Ricaforte reported for work. Initially, Ricaforte was the accountant and auditor of Mr. Estrada for Fontanebleau; later, she shifted focus to the jueteng collections. Itchon said Ricaforte reported directly to Estrada, visiting Malacañang and calling the president regularly. She said she was afraid of Ricaforte at first because she knew Ricaforte was an employee of Mr. Estrada and would be her supervisor. But, she said, they later got along well.

When going to Clark, Pampanga to visit the casino building construction, Itchon said they would ride in Ricaforte's black Lexus. Knowing that a Lexus costs a lot of money, Itchon said she asked Ricaforte about it, who told her it was given by Estrada to his husband Tourism Undersecretary Orestes Ricaforte.

One time, she said, she, Ricaforte and Singson (on a car driven by Regina Lim) went to Malacañang "to report on Fontanebleau." "To whom?" the prosecution lawyer asked. "To President Estrada, your honor," Itchon replied.

Itchon also testified that she holds the cell phone bills of Ricaforte, the reason why she knew that Ricaforte regularly called the President. She then dialed Ricaforte's cell phone number (0918-9021847) and received Ricaforte's voice message.

The phone bills showed that 22 calls were made by Ricaforte to San Juan Mayor Jinggoy Estrada and 21 to Malacañang. Itchon proceeded to enumerate the different numbers in Malacañang: 736-8855 and 736-8858.

Some of the calls to Jinggoy were made to his landline number - 7244736. Calls to Atty. Edward Serapio were also recorded on March 23, March 24, April 3 and April 12, 2000 at cell phone number 0918-9012071.

After Fontanebleau closed, Itchon said she was instructed to help Ricaforte audit the jueteng money collections. She once assisted Ricaforte and Emma Lim in placing money in a black bag, which Singson afterward delivered it to the palace.

 

LUIS CHAVIT SINGSON, governor, Province of Ilocos Sur

ON JUETENG PAYOLA

Singson said that sometime in August 1998, he was summoned by Estrada to his house at Polk Street. Singson went there and saw Atong Ang and Bong Pineda. Singson said President Estrada told them: "Bong, 'wag ka nang magdadala rito ng pera dahil kung ikaw ang magdadala, halata. Mas maganda kung ibigay mo na lang kay Chavit o kay Atong para hindi halata."

Singson said the money the President was referring to was jueteng protection money. Jueteng operators were apparently asked by Estrada to remit to him three percent (3%) of their total jueteng collections as protection money. Since then, Singson said, he had been with Atong Ang often.

One time, Singson narrated, the President and Atong Ang had an argument about sugar allocation. Singson said that Ang got angry because the allocation was given to someone else and complained he was the only one not making money. "Bastos itong hayop na ito," Singson quoted the President as saying. On the other hand, Singson also quoted Ang as saying, referring to the president, "Sugapa sa pera yang putang inang yan,".

Singson stated that he has the ledger containing the record of jueteng money collected from operators until Aug. 15, 2000. He said collections for President Estrada continued until said date, after which Bingo 2-ball was introduced. The ledger consisted of 13 pages covering the period from November 1998 up to July 1999.

Singson said that Yolanda Ricaforte served as auditor of jueteng collections for Estrada.

Jueteng collections for Estrada

For the month of November 1998, Singson pointed to the P5 million given to Estrada (code named "Asiong Salonga") on a Sunday, P1 million to Jinggoy Estrada, and P500,000 to Jude Estrada. Some P17.5 million was also given to various officials as protection money.

For December 1998, Singson said, a total of P10.5 million was turned over to Estrada.

Of the P33 million jueteng collection for January 1999, P5 million was given to Estrada and Singson showed the check he issued for it. The following month, Singson turned over to the president P5.5 million from the month's total collection of P30.3 million. (Some P400,000 Singson kept for himself as "tax"). Another P4 million was asked by Estrada by this time, Singson said, when he had the Ilocos Sur Capitol Building repaired (to explain an entry in the ledger). By February 1999, the jueteng collection ledger showed a total balance of P38 million.

On March 23, 1999, another P5 million was reportedly handed over to the president out of the total P31.2 million monthly collection.

On April 1, 1999, Singson said he again handed over P5 million. He was also instructed to give P1 million each to Senators John Osmeña and Tessie Aquino-Oreta as the President's balato in a majjong session. He also gave P200,000 each to Lenny de Jesus and Jerry Barican. (All four confirmed receiving the said amounts.)

By June 1999, Singson said, he was delivering P5 million to Estrada every 15 days (which he did on June 1 and 18). By this time, the jueteng collection they were keeping for Estrada had a total balance of P107 million.

It was on September 6, 1999 that, Singson said, he made his last delivery to Estrada. Eventually, Yolanda Ricaforte continued the delivery of the money, along with Emma Lim and Menchu Itchon.

Singson said Estrada instructed him to transfer the balance from the jueteng collections -- which had by then climbed to P200 million -- to the account of Atty. Eduardo Serapio. Singson said Serapio confirmed the receipt of the money.

Singson said Estrada trusted Serapio who manages Estrada's assets and regularly plays with him at casinos. He said it was President Estrada who introduced him to Serapio.

Singson revealed the money he gave Estrada was usually in P1,000 bills, and sometimes in checks. He said that he usually brought the money in attaché cases.

Singson narrated how he met up with Dante Tan, Bong Pineda and the President at the Boracay mansion in New Manila. Singson said the President then told them to transfer operations from jueteng to Bingo Pick-2 "para may semblance of legality.'' Bingo Pick-2 eventually became Bingo 2-Balls.

Witness Singson testified that the President, on Sept. 5, 2000 reiterated his instruction to transfer jueteng operations to Bingo 2-Ball just before Singson left for Malaysia. He said the President told him that Atong Ang would manage the new operations.

Singson said he talked to the President after Singson's political enemy in Ilocos Sur was allegedly granted operations of Bingo 2-Ball, contrary to an earlier agreement. He said this was the start of their falling apart.

On Sept. 14, 2000 Singson said he talked to the President on the telephone, but he felt that the President was hiding something. Singson testified that he said to the President: "Kung bibitawan mo ako, bibitaw na rin ako." The President, Singson said, did not say anything. And after the lengthy silence, Singson said he hung up the phone.

After the phone conversation, Singson decided to talk to his lawyers and had an affidavit done. After which he talked to Ricaforte to get the jueteng records. "Pinagawa ko na dahil delikado na ang buhay ko, dahil alam ni Presidente na marami akong alam,'' Singson said. "Kung hindi ko ginawa yun wala nang makakaalam kung gaano siya ka-corrupt.''

On why the President would want to discontinue jueteng operations if he is making money out of it. Singson replied that with jueteng, Estrada was only getting 3 percent or roughly P35 million a month. With Bingo 2-Ball, he would have gotten 23 percent, or P1.5 billion a month.

Singson added that he once gave P5 million to the President in his San Juan residence at P. Guevarra Street in the presence of presidential mistress Guia Gomez and son JV Ejercito.

Singson then recounted that he is a "kumpare" of Estrada, as Singson is the godfather of Jacob, one of Estrada's sons to starlet Laarni Enrquez. A document was then shown by the prosecution showing that Estrada and Loi Ejercito are also godparents to one of Singson's children.

 

ON BRIBERY CHARGE

(On how Estrada committed graft in demanding kickback from tobacco tax funds

Singson said he was the principal author of Republic Act 7171, which provides that 15% of the excise tax of cigarettes will go back to the tobacco farmers of Virginia Tobacco.

When Estrada campaigned for the presidency in 1998 in Ilocos Sur, Singson said that Estrada promised to give the funds plus interests of the tobacco excise tax to the mayors and governors. The Act, which was passed on January 9, 1992, was never implemented during the Aquino and Ramos administrations.

Singson said he went to the President's house in Polk Street in Greenhills around July 1998 after Estrada won the presidency. He reminded Estrada of his promise on the excise tax on tobacco. Estrada stated that he will make true with his promise. But, Singson said, the President also made him promise to give him (Estrada) 10% of the funds that will come from RA 7171. Erap told Singson to make a written request on the matter, addressed to the President himself.

P200 million to Landbank Vigan

Singson said DBM Secretary Ben Diokno told him that P200 million will be delivered first. Toward the end of August 1998, notices started coming in to his office regarding the funds' approval and release until the funds finally arrived at Landbank Vigan, Ilocos Sur.

Atong Ang then told him that P130 million of the P200 million should be given to Estrada because a lot of money had been spent during the 1998 elections. All these, Singson testified, were known to Jinggoy Estrada.

P130 million to Estrada

In the end, Singson said, he just let the P130 million be taken from the P200 million just so that the arrangement would finally push through.

Singson said the P130 million went to straight Estrada and his family. Singson was planning to remit the money to Estrada by issuing manager's checks to the three names supplied by Ang: Alma Alfaro, Delia Rajas and Eleuterio Tan. But Estrada was in such a hurry that Singson resorted instead to interbank transfer of funds. Singson presented certificates from Landbank as proof that the money went to the three persons.

Of the P130 million, documents showed, P40 million went to Alfaro, P50 million to Rajas, and P49 million to Tan.

Singson testified that after the money was delivered, Estrada confirmed to him receipt of the money.

According to him, it was around end-August 1998 when he went to the house of Ang's mother on Shaw Blvd., Mandaluyong to wait for the arrival of the money which was to be withdrawn from the bank by the three persons instructed by Ang. He arrived at 10 in the morning and had his lunch there. He said Ang's mother, his siblings and Ang himself were there.

Delivering money to Polk St.

Singson said he then saw bags of money being delivered to the house. The money was taken to Ang's vehicle, and then Ang asked him to ride with him. Singson said he and Ang then proceeded to the Erap's residence on Polk Street, Greenhills. He said only himself and Ang were in the vehicle, followed by Singson's own car.

Singson described that it was a 15-20 minute ride from Ang's mother's house to Estrada's. But before they got there, Ang asked him to get off the curb so they would not arrive together. After Ang's vehicle went inside Estrada's Polk street residence, Singson followed in his own vehicle after 15 minutes.

Singson testified that he immediately saw then First Lady Loi Estrada who thanked him. "Ay naku, maraming salamat Chavit dahil kailangan namin ito at katatapos lang ng election,'' Singson quoted the former First Lady as saying. Singson said presidential son Jinggoy was also there.

Estrada getting angry

When Singson saw the president, he asked the president how much was delivered and Estrada said that he got P70 million. Singson then told him he delivered P130 million. Estrada got angry and called Ang. Ang said he gave some to the First Lady and to Jinggoy and kept some for himself. Singson said the President was very mad.

Covering up kickback

To cover-up the kickback, Singson said, he asked his suppliers for the tobacco curing plant to change a P40 million receipt to P170 million. Singson said he talked to Ang about 20 times, saying that they have to cover up the P130 million they stole. Singson said that Ang told him to forget everything as they will cover it up.

 

JAY SONZA, broadcast journalist, DZRH

Sonza confirmed Estrada's admissions during a radio interview that his personal lawyer, Atty. Edward Serapio, received the P200 million given by Singson.

"Alam mo, iyan ang ipinipilit niyang ibigay sa akin noon,'' Sonza quoted Estrada as saying about the P200 million in jueteng kickbacks from Singson. "Yang perang iyan ay intact, kahit isang pera wala pang nagagasta.'' Sonza read from the transcript of a November 9, 2000 interview with the President.

"Yung P200 million hindi ko alam na pinadeposito ni Chavit Singson sa (Muslim Youth) Foundation,'' Sonza further quoted Estrada.

 

ANNIE NGO, Vice President, Equitable PCI Bank

Testified on the banking transactions of Yolly Ricaforte in order to "launder" money from jueteng. Ngo testified that:

* Ricaforte opened 31 accounts from six Equitable-PCI Bank branches from September 1, 1999 to March 15, 2000.

* Ricaforte deposited a total of a little more than P207 million to these accounts and earned P4.79 million in interests for the same period, for a total of P212 million.

* She withdrew P207 million, significant of which were the P200 million withdrawn and used to purchase six cashier's checks from April 12-14, 2000 in the Timog, Diliman, Pedro Gil, T.M. Kalaw and Isidora Hills branches.

* Two checks at P35 million each from William Gatchalian were deposited in the Diliman Branch on November 19, 1999.

 

EDELQUIN NANTES, manager, Equitable PCI Bank Timog Branch

Nantes corroborated other testimonies on the banking transactions of Ricaforte She said that on September 1, 1999, Ricaforte walked in at her branch and opened an account with an initial deposit of P17.21 million. This made her their biggest bank depositor. Ricaforte represented herself as being in the real estate and fishpond business and her husband as being a businessman.

 

RUFO COLAYCO, former head, Clark Development Corp. (CDC)

Colayco corroborated Singson's testimony that jueteng money was invested by Estrada to form a casino in Clark.

He said he met with Estrada and discussed with him a casino project in Clark. Estrada reportedly told him to have Singson and a certain Jesus "Susing" Pineda as partners for the casino to be put up at the Fontana Resort in Clark. Colayco said he knew Pineda to be a good friend and classmate of Estrada.

Colayco said Fontana and Fontanebleau (a corporation fronted by Pineda and Singson for Estrada) entered into a lease agreement and Fontanebleau then proceeded to start renovations for a casino inside the Fontana resort. Colayco said the casino project was made a high priority project of Malacañang.

Since it was Fontana that was qualified and given permit to operate a casino, Fontanebleau had to give way to Fontana. But later, control of Fontana was wrested away from its owner Robin Tan in favor of corporations owned by Lucio Co, operator of the Puregold Duty-Free Shops and Estrada's close friend. Corporate stockholders identified with Atty. Edward Serapio, Estrada's personal lawyer, were involved in the corporations.

 

ROSARIO BAUTISTA, manager, Equitable PCI Bank Diliman Branch

Bautista said that Ricaforte opened a bank account at her branch on November 19, 1999 with an initial deposit of P500,000. Ricaforte was allegedly a walk-in client who claimed to be into an import-export business and real estate. Ricaforte said she was married and that her husband is also into business.

After the initial deposit, Ricaforte closed her original account because she wanted to open a "combo" account. Ricaforte then deposited two checks from presidential friend William Gatchalian worth P35 million each. They were dated Nov. 20, 1999, drawn against the Equitable-PCIBank main branch.

Bautista said that when she asked Ricaforte about the amount, Ricaforte replied that they came from the sale of prime property. After the check deposits, Ricaforte made several big cash deposits. She said she noted that each time, the cash was in an envelope and were in large bills - P1, 000 and P500 bills. Ricaforte claimed she was consolidating all her savings in the Equitable PCIBank Matalino branch.

Bautista said Ricaforte opened a total of seven accounts in her branch. She transferred P70 million from the savings account to a special savings account on Jan. 26, 2000. Ricaforte also opened a money market account.

Bautista also related that Ricaforte applied for a cashier's check, saying that wanted to buy a prime property. Bautista said she discouraged Ricaforte from making the checks payable to cash, pointing out the risks.

Bautisata handled all Ricaforte's transactions with the bank, because Ricaforte would only talk to the branch manager.

 

SHAKIRA YU, manager, Equitable PCI Bank Pedro Gil Branch

Yu said Ricaforte mentioned she was with FilEast Travel. When asked where the P6 million check came from, Ricaforte said that it was from the sale of a property.

Yu recounted how Ricaforte went to the bank on April 13, 2000 requesting for a manager's check for P11 million. Yu said she informed Ricaforte about the risks of issuing a manager's check that was payable to cash. Ricaforte, however, said she was going to use it to purchase property.

 

VERGEL PAVILLON, manager, Equitable PCI Bank T. M. Kalaw branch

Pavillon said Ricaforte made an initial check deposit of a little over P10 million in his branch. He also said that Ricaforte claimed she was with FilEast Travel and Tours, which was located in Manila Midtown Hotel. Pavillon said Ricaforte showed him a California driver's license.

 

EDGARDO ALCARAZ, manager, Equitable PCI Bank Scout Albano Branch

Alcaraz said that when he asked Ricaforte about what business she was involved in, Ricaforte said she was into prawn farming in Iloilo and export of prawns. Apart from the savings account and special savings account, Ricaforte also opened a trust placement with the bank.

 

EMMA GONZALES, manager, Equitable PCI Bank Isadora Hills branch

Gonzales said she asked her how Ricaforte was related to Ilocos Sur. Gov. Singson because Gonzales was also from Vigan. She said Ricaforte told her she has some business deals with the governor.

Gonzales testified that Ricaforte requested for cashier's checks worth P7 million, all payable to cash. Gonzales said she has never issued a cashier's check payable to cash while at the Equitable Bank.

 

CLARISSA OCAMPO, senior vice president at trust officer, Equitable PCI Bank

Oacampo's testimony showed direct proof that Estrada violated the Anti-Graft and Corrupt Practices Act, which is covered by Article 2 of the Impeachment Complaint

Ocampo explained that she holds office at the 15the floor of Equitable PCIBank in Makati City and had been with the bank for 19 years. On Feb. 3, 2000, she said, she attended a party at Anvil Restaurant for the bank's former chairman, George Go. She was introduced by Go during the party to a certain Atty. Fernando Chua. She stated that Go said Chua has a client who wanted to give a loan of P500 million to a certain Wellex Group Inc. using his personal account. Chua's client reportedly want the bank to help in the transaction.

Ocampo testified that she was told that the P500 million should be released the next day,.

Meeting Jose Velarde in Malacañang

Private prosecutor Bautista asked witness how she met Jose Velarde.

The prosecution pointed out that there are several documents bearing the Jose Velarde signature that are with the bank's trust department, including a signature specimen card and a directive for loan to the Wellex Group.

Ocampo said she met Mr. Estrada on Feb. 4, 2000, day after the party, in Malacañang when she delivered the documents to be signed. The witness said she brought with her the investment management agreement, investment guidelines, directional letter for investment, signature cards and a debit-credit authority. Ocampo testified that she brought three copies of the investment management agreement.

When the documents were showed to the court, the prosecution asked Ocampo who signed the "Jose Velarde" signatures in all the documents. "President Joseph Ejercito Estrada," Ocampo replied.

"How far were you from the President when he signed the documents?"

"Sir, I was about one foot away because I was seated next to him by his left side," Ocampo said.

She said other persons were present in the Malacañang meeting: head of the bank's legal department, Atty. Manuel Curato, former ____ Aprodicio Laquian and Atty Fernando Chua.

 

ATTY. MANUEL CURATO, In-house Legal Counsel, Equitable PCI Bank

Curato's testimony corroborated Ocampo's statement that Estrada was Jose Velarde. Curato identified all documents presented by Ocampo and confirmed his signatures in the documents. He also testified that it was Estrada who signed the trust documents as Jose Velarde and that he was with Ocampo in Malacañang at the time.

With Ocampo and Curato's testimonies, Estrada is linked with ownership of the Boracay mansion since it was a Jose Velarde check that was used to pay the mansion. There is now proof that the mansion is part of Estrada's ill-gotten wealth.

 

ATTY. JAZMIN B. BANAL, former associate in the law office of Atty. Eduardo Serapio, Estrada's legal counsel

Testified that while she was with the law office Atty. Ed Serapio, she was made incorporator and acting corporate secretary of ALEXI and PIO HOLDINGS CORPORATIONS. Banal said she executed blank (as to the date/s and assignee/s) Deeds of Assignment over her interest to these corporations. Later, Banal stated, her shares in this corporation were transferred to RN DEVELOPMENT CORPORATION, whose owners she does not know.

Banal testified executing, as acting corporate secretary of ALEXI and PIO HOLDINGS CORPORATIONS, a certificate authorizing the corporations to negotiate the purchase of the Fontana Leisure Resort. Upon the prosecution's tender of the incorporation papers of Pio Holdings, it was made clear that the corporate purpose of Pio Holdings was to acquire shares in RN Development Corp., the operator of Fontana Resort in Clark.

 

ATTY. EMILY PADUA, managing head, PAGCOR's Entertainment and Bingo Department

Padua said her group in Pagcor recommended to the Pagcor board the approval of Bingo 2-Ball. She explained that the Prominent Marketing Consulting Group of Atong Ang was given the authority to operate the game. Pagcor expected to get from the Bingo 2-Ball operations 23 percent of the reported gross collections by Prominent, subject to certain quotas.

Plus, Padua said, a further 2% goes to Prominent after it has turned over collections to Pagcor as consultancy fee. She said Prominent's share was originally proposed at 5 % but this was later reduced to 2%. (She failed to mention that it was only because of the jueteng expose and subsequent public uproar that it was reduced.)

The witness explained that the Bingo 2-Ball was operational on a trial basis, with provisional authority from President Estrada himself. But Padua admitted that Pagcor did not execute a formal contract with Prominent. Padua confirmed that once remitted, the amount remitted from Bingo 2-Ball becomes public funds. These funds however were allowed by Pagcor to be deposited into the personal accounts of Atong Ang.

When asked if she knew of other members of Ang's consultancy group, Padua admitted it was Ang who called the shots in all the dealings with Pagcor.

It was also noted that Victor Jose Tan Uy is an incorporator of this company.

 

ELEONORE A. MADRID, Head, License Section ng LTO

Madrid's testimony confirmed the existence/identity of Victor Jose Tan Uy. She testified to the existence of two public documents from the Land Transportation Office relating to Tan Uy, including a computer-generated photo.

 

GWENMARIE JUDY D. SAMONTINA, AVP/Records head, SSS

The witness proved that Atong Ang has in his employ a Delia Rajas. SSS records of Rajas as employee of Ang's Power Management Inc. were submitted as evidence.

 

MARIA LORENA FLORES, manager, LandBank Malacañang branch

Flores' testimony showed part of the paper trail regarding the diversion of tobacco taxes under RA 7171 as testified by Singson.

Flores testified that check number 977-31-BT from the Department of Budget and Management was issued on August 24, 1998 for P200 million, and submitted with it were the DBM disbursement voucher and the advise of checks issued and cancelled (ACIC).

She explained how they transmitted the entire P200 million to the Vigan branch where the account of the province of Ilocos Sur is being maintained.

The defense agreed to stipulate on the existence of the application for demand draft by the Ilocos Sur local government in the amount of P30 million and P20 million payable to Delia Rajas, P40 million payable to Lucio Saverio, and P40 million payable to Eleuterio Tan.

The prosecution also cited a letter from Singson as well as memorandum from Lolita Almazan from the bank's Vigan branch to the Shaw Boulevard branch on the interbranch bank deposits made in favor of Alma Alfaro and Rajas, who has an account at Landbank Shaw. He said these are all documents submitted to the Senate blue ribbon committee.

A cashier's check purchased by Eleuterio Tan for P30 million was also admitted as evidence.

 

MARIA CARIDAD "Kay" MANAHAN RODENAS, former cashier, LandBank Shaw Boulevard branch

Rodenas said Delia Rajas and Eleuterio Tan accompanied Alma Alfaro at the Land Bank Shaw Boulevard branch on Aug. 28,1998.

Rodenas identified the photo of the man who opened an account under the name Eleuterio Tan. "He is the type of man who leaves a lasting impression," she said when asked to describe Tan. When asked to explain her comment, Rodenas said, "At the time, crush ko siya, dahil siya ay guwapo, very neat at very fair."

She identified the ET Enterprises ID that Tan used to open an account and the photos in two ID cards as belonging to the man who opened the account.

Transfer of P90 million

Rodenas disclosed that after withdrawing P50 million from Rajas' account through interbranch transactions, Rajas instructed her to add this amount to Tan's demand draft (amounting to P40 million). They then purchased three cashier's checks totaling P90 million.

The witness said Alfaro withdrew P40 million in P1000 bills, which she placed in four bags. Three other companions assisted her. Alfaro also reportedly made telegraph transfers, withdrawals and deposits to various banks nationwide.

Rodenas identified two ID photos as belonging to the woman who opened the account as Delia Rajas. Rodenas said the woman came back after Aug. 28 about eight more times accompanied by other companions.

Rodenas said the account's authorized principal and representatives included Mrs. Catalina Ang (identified as the mother of Atong Ang), Jocelyn Angeles and Lea Paromino.

Attempt to cover-up

Rodenas also testified that Yolanda Uy, Atong Ang's sister, called her up later after the jueteng scandal erupted. Uy made a total of four calls. On the second call, Rodenas said that Uy asked her to erase all records of Power Express in the bank. Rodenas said she told Uy this would not be possible as the records are permanent.

Dirty trick

Defense Counsel Fortun asked if Rodenas could identify the Delia Rajas who went to the bank in the courtroom and witness affirmed she can if Rajas still looks as she were then, two years ago.

After going around the courtroom, Rodenas said Rajas was not there. Defense then presented a certain Mrs. Delia Rajas, a cook in the household of Mrs. Catalina Ang, and who testified that she was fetched by the Defense counsels. The defense knew all along that the Rajas present was different from the Rajas who opened the account. The trick earned the ire of the court and a contempt charge was filed against the defense lawyers.

 

FERDINAND SALES, officer-in-charge, Partnership and Corporate Division of the Securities and Exchange Commission

Sales testified on Prominent's paid-up capital stock of P625, 000 which is way below the P10 million-bond required for the Bingo 2-Ball bidding.

Further, that the date of Prominent's incorporation on Sept. 26, 2000 came after it was already granted the franchise to operate Bingo 2-Ball.

 

VICTOR LIM, Branch Banking Head and Vice-President of Citibank, N.A.

Lim's testimony is a corroborating proof of the undeclared wealth of President Estrada and First Lady Loi Ejercito. He confirmed that an account owned by First Lady Loi Ejercito in Citibank Greenhills has a deposit on Nov. 4, 1999 of P8 million from a check issued by Gov. Chavit Singson. He said that the account is already more than 15 years old.

Lim explained that Citibank has policy that once a certain deposit threshold has been breached, a bank inquiry is made regarding the nature of the deposit. The purpose, he said, is to prevent the bank from being a conduit of money laundering.

He said the threshold on the First Lady's account was P2 million. He disclosed that they made an inquiry when the P8 million check was deposited and contacted one Lucena "Baby" Ortaliz, the First Lady's authorized representative. Ortaliz however informed the bank that the check was just left to her for deposit. Citibank decided not to pursue the inquiry as the First Lady is a known personality.

 

RUBEN ALMADRO, Vice President, Philippine Stock Exchange; chairman, Compliance and Surveillance Group

Almadro said they investigated BW for alleged price manipulation prompted by the unusual increase in the price of BW shares and the increase in volume of shares traded. The price and volume increased despite the fact that BW was operating at a loss.

Despite a P40 million deficit on its capitalization, BW became the number one stock traded by June 1999. In June alone, its stock rose from P13.25 to P27.50. Almadro said this increase in price was "quite meteoric and very, very unusual." Market capitalization rose as well, from P7 billion in June to over P16 billion by November.

Almadro said their investigation of BW revealed that prima facie evidence showed it was Dante Tan and his associates who engaged in insider trading and stock manipulation.

Almadro estimated that Tan earned a profit of over P820 million in June 1999 as a result of insider trading. Almadro explained his computation was based on the over 51 million BW shares Tan sold in June.

He also testified how Tan failed to reveal that as of December 1998 he was already a majority shareholder. He said this was in violation of the law.

Almadro further testified that Tan opened 21 trading accounts through 14 brokers. Tan also engaged in hundreds of "wash sales" (fictitious sales to his own accounts) to create illusion of market activity. BW's book value, Almadro said, was only around P.80 but the stock's price rose to more than P100 through price manipulation.

Almadro said that on Feb. 14, 2000, he gave a copy of the report to Trinidad Kalaw of the PSE Business Conduct and Ethics Committee. On the same day, PSE President Jose Luis Yulo told him to give a copy of the report to the President.

It is unusual to give a copy of the report to the President because normally CSG reports are only given to the business ethics and conduct committee. He said he and Yulo arrived in Malacañang around 2:15 p.m.

"I remember the first words the President spoke: 'Pupunta na sana ako sa barbero ko.' I think he said that because we were a bit late," Almadro said.

When he told the President that Tan was engaged in stock manipulation and that this involved hundreds of transactions, the President leafed through the report and said: "Alam mo, attorney, di ko naiintindihan ito."

Yulo then explained in his own words and then told the President to read the summary. He said Yulo told the President that Tan was responsible for this. Almadro said Estrada did not react when told Tan profited by over P800 million in September.

After Yulo kept explaining, Estrada said Tan was the victim. The talk lasted for 5 to 10 minutes. "Eto talagang si Dante, hindi lahat sinasabi sa akin. Meron pala siyang problema sa BW," the President said, according to Almadro.

After discussing the President's coming US visit, Mr. Estrada then supposedly said Yasay was a liar by not resigning.

Almadro said he was shocked by what the President did next. Estrada reportedly said: "At saka sabi sa akin ni Dante, sabi ni Yasay inayos na 'yan," while making a circle with his right thumb and forefinger, intimating that Yasay was bribed.

During cross-examination, Almadro said he estimates Tan sold over 122 million BW shares from June up to perhaps October 1999 and these were placed in a lock-up (by placing the shares in a lock-up, the number of shares were in effect squeezed in the market - another form of price manipulation).

Almadro said that Estrada stated that Tan was buying shares even when their prices were dropping and that Tan did not unload them, which is why he (Estrada) thinks Tan was losing money.

 

JOSE LUIS YULO, former president, Philippine Stocks Exchange

Yulo testified that then SEC Chair Yasay called him to talked about the wild gyrations of BW stock and that he and PSE lawyer Ruben Almadro met at Yasay's residence on Oct. 15, 1999. Yulo said Yasay told him he was being pressured by President Estrada to give the report on BW and required to submit one on Nov. 4. He said Yasay asked for a preliminary report. "Sabi niya hinihingi na raw ng Presidente ang report tungkol sa BW," Yulo said.

Yulo said Yasay was very tense and that he and Almadro told Yasay they could not submit an incomplete report. Yulo said he then told Yasay to order him to submit a report, and that Yasay gave him the letter that very day. Yulo then said he asked Almadro if he could give a preliminary report the following day. Almadro said he cannot do it and instead called up Yasay later to inform him that the report would be submitted on Nov. 9. Yulo then said Yasay asked to meet with him and Almandro at Ciudad Fernandina restaurant in Greenhills.

Yulo said that when they had breakfast at Ciudad Fernandina, he could see that Yasay was tense, telling him that he was receiving calls from Malacañang. He said Yasay specifically said it was the President who was calling him up. Yasay then asked him if he had also received calls from the President and Yulo replied yes. Yasay then said that at around 9 a.m., Dante Tan was arriving.

Yulo said he felt uncomfortable because he didn't know Tan was going to be there. "I felt I was set up, your honor. We were set up," Yulo replied.

Yulo also testified that Yasay told him that he just wanted them to meet with Tan. When Tan came in, Yasay then left them. He said Tan told him that he was not a stock manipulator but was building a company.

On Yulo's meeting with Bangko Sentral ng Pilipinas (BSG) Gov. Rafael Buenaventura, Yulo said this took place at the BSP in the latter part of October and included then Finance Secretary Edgardo Espiritu. Witness Yulo said they talked about contingencies to help out the stock market in case of collapse.

The witness disclosed that on Dec. 17, 1999, his executive assistant Mary Anne Corpus informed him of a call. Yulo said it was Executive Secretary Ronaldo Zamora, who then passed the phone to the President.

"Nonoy, si President Erap 'to," Yulo quoted the President as saying. He said he had met the President personally several times and knows his voice. Yulo said the talk shifted to BW. Yulo then said a memorandum was faxed to him containing the President's instructions.

Yulo received another call from Estrada on Nov. 18, this time, about the trading bandwidth. The president wanted the old bandwidth restored (50% uptick and 40% downtick) after the PSE narrowed it in response to BW's fluctuations. The President also told him that Tan was a good man and that he had helped the President even while the latter was still Senator.

Yulo said he received more calls on Nov. 22 and 23. He said Corpus received the call on Nov.22. He said it was then Deputy Executive Secretary Ramon Cardenas who passed on the phone to the President.

"'O, ang SEC hindi na nag-iimbestiga. Kayo na lang sa PSE. Paki-expedite 'yan,'" he said the President told him.

The witness said the President was more insistent on the following call and was saying Tan was innocent. Yulo said he told the President this was the CSG's call, that CSG is an independent body in the exchange and he could not stop the investigation. He said he just told the President he would let him know as soon as the report comes out.

The PSE Business Conduct and Ethics Committee (BCEC) met on Feb. 14 to discuss Yasay and Senator Raul Roco's request for copies of the CSG report. He said as ex oficio officer, he could not vote but was present, as well as Almadro, who acted as a prosecutor in the meeting. The BCEC decided to grant the request.

But before the BCEC meeting, the President called him up again and asked him to go to Malacañang at 2 p.m. He said he later excused himself at the BCEC meeting to go to the Palace. He said because he could not leave immediately, he arrived at the Palace around 2:15 or 2:30 p.m.

Yulo brought along Almadro since it was his report. He said he introduced Almadro to the President at the Palace. Yulo said Almadro then explained the technical details of what Tan did.

Yulo said the President told Almadro: "Alam mo, attorney, 'di ko naiintindihan ito. 'Yan bang sinasabi mo nandiyan sa report?"

Yulo said he then told the President to just read page 56, which was the summary of the report. Estrada then read page 56 and was interested in two words: kiting and wash sale.

He said the President then remarked: "Bakit di sinabi sa akin ni Dante ito? May problema pala siya. Sabi niya, nalugi raw siya." Yulo then said he told the President that on the contrary, Tan earned millions. He said he told the President: "Masyadong garapal ito, di puwedeng palampasin."

Witness Yulo said the President then launched into a tirade against Yasay, saying the SEC chair was "walanghiya" and "hindi lalaki" because he did not resign as he promised. Yulo then said he was shocked when the President said: "Atsaka ang sabi ni Dante, ayos na si Yasay," while making a gesture with his thumb and forefinger (meaning Yasay was bribed). Yulo demonstated the gesture, which is the same one Almadro displayed during his testimony. Yulo said he was shocked that the President was talking about Tan bribing Yasay while in front of him and Almadro.

 

MARYANN CORPUZ, former executive assistant to Yulo

Witness was excused as stipulation submitted by the prosecution was accepted by defense. Corpuz answered the phone when Estrada made the calls to Yulo.

 

EMETERIO PEREZ, former business editor of Tribune

Corroborating the testimony of Yasay, Perez testified how he overhead Estrada's telephone call to Yasay sometime in November 1999. Perez said he heard Yasay say: "Hindi po maari 'yan, kailangan po nating imbestigahan, kundi tayo rin po ang bubuweltahan, lalo na po kayo."

Perez said that after the call, Yasay called up Yulo. He left after Yasay had conversation with Yulo.

 

EDGARDO ESPIRITU, former finance secretary and member of Estrada cabinet

(Presented to prove Estrada's motivation in unduly exerting pressure on the BW case)

Espiritu testified that even during Estrada's presidential campaign, he could already see that Estrada and Dante Tan were very close.

Espiritu said Tan told him the President was a partner in BW and that Mark Jimenez got back his P150 million to make Tan assume control of BW.

When asked what Espiritu did when BW share price rose. Espiritu said he had a meeting with the President. "Medyo excited siya at sinabi niya: 'Ed, malaki na ang kinikita ko dito sa BW Resources,'" Espiritu said.

The witness said that finance officials met with PSE officials because of the skyrocketing "float" of the market. Witness explained that this is the margin that brokers no longer had the resources pay. He said that as far as he remembers, the float reached P1.8 billion and this was threatening to disrupt the economy.

He said he remarked to Tan that since their group had already recouped their losses, maybe they can also restore the P1.8-billion float.

Espiritu said he then called up Trade Secretary Jose Pardo and Bangko Sentral Governor Rafael Buenaventura. He said they were also worried about the economy.

Espritu then met with Estrada. He said he explained the effect of the float on the stock market to the president but the conversation turned to BW and the President said: "Victim naman diyan si Dante. Kami nga ang nalugi riyan, e." Espiritu said he was discouraged by Estrada's reaction to the float.

He recalled Tan's statement about the President's involvement and thought, "Totoo pala."

After he resigned, he said he told Estrada not to think about the financial loss but about his remaining four years in the presidency. He said he suggested that the President issue a memorandum addressed to SEC the following day in coordination with PSE to come out with report within 30 days and that "you don't care who gets hurt." He said the President remained silent, then told him he might just be sourgraping.

Espiritu also testified that when he was about to leave the country on Nov. 10, 2000, he was paged for a phone call in the airport. Estrada's secretary, Malou, was on the line, saying: "Sir, si Malou 'to, kakausapin ka raw ni Boss." Espiritu said the president found out that he was going to testify and asked him not to, saying they were friends. Estrada also reportedly said that if Espiritu has a favor to ask, he can always ask him.

 

PERFECTO YASAY, former chairman, Securities and Exchange Commission

(Presented to prove the President's exertion of undue influence to clear Dante Tan)

Witness Yasay related that call he received from an official in Malacañang, who told him that they had a meeting and Yasay was going to be removed. This call took place at about 5: 30 p.m. on July 3, 1998, Yasay said. During this time, Yasay was under suspension by the Ombudsman.

Yasay said that less than a week after he was suspended, PLDT was bought by the Metro Pacific group.

Yasay said he chanced upon now Comelec chair Harriet Demetriou at a chiropractor's office in Greenhills in Nov. 18, 1999. She told him that she had also that the PLDT-Metro Pacific deal could push through.

Yasay said Estrada first called him in February or March 1999, shortly after he came back from his suspension. When they met at the Palace, Yasay then said he finally was able to meet the President at the Palace. He said the first thing the President told him was: "Kababalik mo lang sa SEC, ni-reverse mo na kaagad 'yung inutos ko kay Commissioner Gloria."

Yasay said that the President was referring to his order to Gloria regarding the China Chiang Jiang case. Yasay explained he had nothing to do with this. It was a SEC registration dispute regarding Binga power plant in Benguet province. When the prosecution asked if this involved Guia Gomez who has shares in this company, Senator-Judge Enrile objected to the question.

Yasay also talked about meeting later with the President at the ground floor of the guesthouse in Malacañang. He said the President introduced him to Dante Tan, saying: "Chairman, ito si Dante Tan. Matalik ko itong kaibigan. Matagal na akong tinutulungan niyan, Vice President pa lang. Gusto ko tulungan mo 'yan."

Yasay said he asked Tan what the problem was and Tan said he wanted to set up a company. The President then said that Tan was bringing in a lot of foreign investment and that he would like Yasay to help Tan.

Yasay said he then told Tan to go to the SEC office. Tan then brought his foreign investors, including a man who appeared to be his assistant and a female Singaporean lawyer. The President, Yasay disclosed, asked him three times to help Tan.

Yasay said his next meeting with Tan was when Tan complained that SEC auditors were investigating his company. He said Tan was agitated and said that he was doing nothing wrong, so why were the auditors investigating him.

Yasay explained that the auditors conducted their investigation because of the increase in BW price. Yasay said he told Tan that while the President instructed him to help Tan, he would not do this if "mapapahamak ang Presidente." So, if he has nothing to hide, there was no problem, Yasay said. He said Tan agreed and left shortly after. #