REPUBLIC OF THE
SANDIGANBAYAN
---
SPECIAL DIVISION
PEOPLE OF THE
Plaintiff, For: PLUNDER
-
versus –
JOSEPH EJERCITO ESTRADA,
Former President of the
Republic of the
JOSE “JINGGOY” ESTRADA,
CHARLIE “ATONG” TIU HAY SY ANG,
EDWARD S. SERAPIO,
YOLANDA T. RICAFORTE, PRESENT:
ALMA ALFARO,
JOHN DOE also
known as LEONARDO-DE CASTRO, PJ, Chairperson
ELEUTERIO RAMOS TAN or MR. UY, VILLARUZ,
JR., and
JANE DOE also
known as PERALTA,
JJ.
DELIA RAJAS,
JOHN DOES and JANE DOES, PROMULGATED:
Accused.
September 12, 2007
x----------------------------------------------------------------------------------------------------------------------------x
DECISION
Republic
Act (RA) No. 7080 as amended was approved on July 12, 1991, creating and
introducing into our criminal legal system the crime of “plunder”. This law penalizes public officers who would
amass immense wealth through a series or combination of overt or criminal acts
described in the statute in violation of the public trust. RA No. 7080 or the Anti-Plunder Law was a
consolidation of Senate Bill no. 733 and House Bill No. 22752. The Explanatory Note of Senate Bill No. 733,
quoted in the case of Estrada v.
Sandiganbayan (G.R. No. 148965, February 26, 2002, 377 SCRA 538, 555),
explains the reason behind the law as follows:
Plunder,
a term chosen from other equally apt terminologies like kleptocracy and
economic treason, punishes the use of high office for personal enrichment,
committed thru a series of acts done not in the public eye but in stealth and
secrecy over a period of time, that may involve so many persons, here and
abroad, and which touch so many states and territorial units. The acts and/or omissions sought to be
penalized do not involve simple cases of malversation of public funds, bribery,
extortion, theft and graft but constitute plunder of an entire nation resulting
in material damage to the national economy.
The above-described crime does not yet exist in Philippine statute
books. Thus, the need to come up with a
legislation as a safeguard against the possible recurrence of the depravities
of the previous regime and as a deterrent to those with similar inclination to
succumb to the corrupting influence of power.
The
majority opinion in the above-cited case, penned by Honorable Justice
Josue N. Bellosillo, further explained
the rationale behind the Anti-Plunder Law in this manner:
Our nation has been racked by scandals of corruption and
obscene profligacy of officials in high places which have shaken its very
foundation. The anatomy of graft and
corruption has become more elaborate in the corridors of time as unscrupulous
people relentlessly contrive more and more ingenious ways to milk the coffers
of the government. Drastic and radical
measures are imperative to fight the increasingly sophisticated,
extraordinarily methodical and economically catastrophic looting of the
national treasury. Such is the Plunder Law,
especially designed to disentangle those ghastly tissues of grand-scale
corruption which, if left unchecked, will spread like a malignant tumor and
ultimately consume the moral and institutional fiber of our nation. The Plunder Law, indeed, is a living testament
to the will of the legislature to ultimately eradicate this scourge and thus
secure society against the avarice and other venalities in public office.
These
are times that try men’s souls. In the
checkered history of this nation, few issues of national importance can equal
the amount of interest and passion generated by petitioner’s ignominious fall
from the highest office, and his eventual prosecution and trial under a
virginal statute. This continuing saga
has driven a wedge of dissension among our people that may linger for a long
time. Only by responding to the clarion call for patriotism, to rise above
factionalism and prejudices, shall we emerge triumphant in the midst of
ferment. [Emphasis Supplied]
The
present case is the first of its kind to be filed charging the highest official
of the land, a former President, among others, of the offense of plunder. Needless to state, the resolution of this
case shall set significant historical and legal precedents.
Throughout
the six years over which the court proceedings in this case unfolded, this
Court confronted numerous novel and complicated legal issues (including the
constitutionality of the plunder law, propriety of house arrest, among others),
heard lengthy testimonies from several dozens of witnesses from both sides and
perused voluminous documentary evidence and pleadings from the parties. Considering the personalities involved and
the nature of the crime charged, the present case aroused particularly intense
interest from the public. Speculations
on the probable outcome of the case received unparalleled attention from the
media and other sectors of society.
Indeed, the factual and legal complexities of the case are further
compounded by attempts to sensationalize the proceedings for various ends.
However,
this Court is ever mindful of its imperative duty to act as an impartial
arbiter: (a) to serve the interest of the State and the public in punishing
those who would so severely abuse their public office and those private
individuals would aid them or conspire with them and (b) to protect the right
of the accused to be only convicted upon guilt proven beyond reasonable
doubt. Thus, the decision of this Court
follows, upon no other consideration other than the law and a review of the
evidence on record.
STATEMENT OF THE CASE
AND THE PROCEEDINGS
__________________________
This
case for plunder commenced with the filing on April 4, 2001 of the Information
which is quoted hereunder:
INFORMATION
The
undersigned Ombudsman Prosecutor and OIC-Director, EPIB, Office of the
Ombudsman, hereby accuses former Joseph Ejercito Estrada, together with Jose
“Jinggoy” Estrada, Charlie ‘Atong” Ang, Edward Serapio, Yolanda T. Ricaforte,
Alma Alfaro, Eleuterio Tan a.k.a. Eleuterio Ramos Tan or Mr. Uy, Jane Doe
a.k.a. Delia Rajas, and John & Jane Does, of the crime of Plunder, defined
and penalized under R.A. No. 7080, as amended by Sec. 12 of R.A. No. 7659,
committed as follows:
That
during the period from June, 1998 to January, 2001, in the Philippines, and
within the jurisdiction of this Honorable Court, accused Joseph Ejercito
Estrada, by himself and in conspiracy with his co-accused, business associates
and persons heretofore named, by taking advantage of his official position,
authority, connection or influence as President of the Republic of the
Philippines, did then and there willfully, unlawfully and criminally amass,
accumulate and acquire ill-gotten wealth, and unjustly enrich himself in the
aggregate amount of P4,097,804,173.17, more or less, through a combination and
series of overt and criminal acts, described as follows:
(a)
by
receiving, collecting, directly or indirectly, on many instances, so-called
“jueteng money” from gambling operators in connivance with co-accused Jose
‘Jinggoy’ Estrada, Yolanda T. Ricaforte and Edward Serapio, as witnessed by
Gov. Luis ‘Chavit’ Singson, among other witnesses, in the aggregate amount of
FIVE HUNDRED FORTY-FIVE MILLION PESOS (P545,000,000.00), more or less, in
consideration of their protection from arrest or interference by law enforcers
in their illegal “jueteng” activities; and
(b)
by
misappropriating, converting and miusing for his gain and benefit public fund
in the amount of ONE HUNDRRED THIRTY MILLION PESOS (P130,000,000.00), more or
less, representing a portion of the One Hundred Seventy Million Pesos
(P170,000,000.00) tobacco excise tax share allocated for the Province of Ilocos
Sur under R.A. No. 7171, in conspiracy with co-accused Charlie ‘Atong’ Ang,
Alma Alfaro, Eleuterio Tan a.k.a Eleuterio Ramos Tan or Mr. Uy, and Jane Doe
a.k.a. Delia Rajas, as witnessed by Gov. Luis ‘Chavit’ Singson, among other
witnesses; and
(c)
by
directing, ordering and compelling the Government Service Insurance System
(GSIS) and the Social Security System (SSS) to purchase and buy a combined
total of 681,733,000 shares of stock of the Belle Corporatiion in the aggregate
gross value of One Billion Eight Hundred Forty-Seven Million Five Hundred
Seventy Eight Thousand Fifty Seven Pesos and Fifty Centavos
(P1,847,578,057.50), for the purpose of collecting for his personal gain and
benefit, as in fact he did collect and receive the sum of ONE HUNDRED EIGHTY
NINE MILLION SEVEN HUNDRED THOUSAND PESOS (P 189,700,000.00), as commission
from said stock purchase; and
(d)
by
unjustly enriching himself in the amount of THREE BILLION TWO HUNDRED THIRTY
THREE MILLION ONE HUNDRED FOUR THOUSAND ONE HUNDRED SEVENTY THREE PESOS AND
SEVENTEEN CENTAVOS (P 3,233,104,173.17) comprising his unexplained wealth
acquired, accumulated and amassed by him under his account name “Jose Velarde”
with Equitable PCI Bank;
to the damage and prejudice of the
Filipino people and the Republic of the
CONTRARY
TO LAW.
Various
motions were filed by accused Former President Joseph Ejercito Estrada (FPres.
Estrada), Jose “Jinggoy” Estrada (Jinggoy Estrada), and Edward
In a Resolution promulgated on April 16, 2001, the
Court directed the prosecution to submit to the Court not later than April 18,
2001 the required affidavits, counter-affidavits, and supporting evidence as
well as other supporting documents accompanying the Information, which were
needed to determine the existence of probable cause for the issuance or
non-issuance of a warrant of arrest. As
directed, the prosecution filed on April 18, 2001 its Manifestation and
Compliance.
On
April 19, 2001, the prosecution filed an Urgent Ex-Parte Motion to admit
Amended Information, which is quoted hereunder:
AMENDED INFORMATION
The
undersigned Ombudsman Prosecutor and OIC-Director, EPIB, Office of the
Ombudsman, hereby accuses former PRESIDENT OF THE PHILIPPINES, Joseph
Ejercito Estrada a.k.a. “ASIONG SALONGA” AND a.k.a. “JOSE VELARDE”,
together with Jose ‘Jinggoy’ Estrada, Charlie “Atong” Ang, Edward Serapio,
Yolanda T. Ricaforte, Alma Alfaro, JOHN DOE a.k.a. Eleuterio Tan OR
Eleuterio Ramos Tan or Mr. Uy, Jane Doe a.k.a. Delia Rajas, and John DOES
& Jane Does, of the crime of Plunder, defined and penalized under R.A. No.
7080, as amended by Sec. 12 of R.A. No. 7659, committed as follows:
That during the period from June,
1998 to January, 2001, in the Philippines, and within the jurisdiction of this
Honorable Court, accused Joseph Ejercito Estrada, THEN A PUBLIC OFFICER,
BEING THEN THE PRESIDENT OF THE REPUBLIC OF THE PHILIPPINES, by himself AND/OR
in CONNIVANCE/CONSPIRACY with his co-accused, WHO ARE MEMBERS OF
HIS FAMILY, RELATIVES BY AFFINITY OR CONSANGUINITY, BUSINESS ASSOCIATES,
SUBORDINATES AND/OR OTHER PERSONS, BY TAKING UNDUE ADVANTAGE OF HIS OFFICIAL
POSITION, AUTHORITY, RELATIONSHIP, CONNECTION, OR INFLUENCE, did then and
there willfully, unlawfully and criminally amass, accumulate and acquire BY
HIMSELF, DIRECTLY OR INDIRECTLY, ill-gotten wealth in the aggregate amount OR
TOTAL VALUE of FOUR BILLION NINETY SEVEN MILLION EIGHT HUNDRED FOUR
THOUSAND ONE HUNDRED SEVENTY THREE PESOS AND SEVENTEEN CENTAVOS
[P4,097,804,173.17], more or less, THEREBY UNJUSTLY ENRICHING HIMSELF OR
THEMSELVES AT THE EXPENSE AND TO THE DAMAGE OF THE FILIPINO PEOPLE AND THE
REPUBLIC OF THE PHILIPPINES, through ANY OR A combination OR A
series of overt OR criminal acts, OR SIMILAR SCHEMES OR MEANS,
described as follows:
(a)
by
receiving OR collecting, directly or indirectly, on SEVERAL
INSTANCES, MONEY IN THE AGGREGATE AMOUNT OF FIVE HUNDRED FORTY-FIVE MILLION
PESOS (P545,000,000.00), MORE OR LESS, FROM ILLEGAL GAMBLING IN THE FORM OF
GIFT, SHARE, PERCENTAGE, KICKBACK OR ANY FORM OF PECUNIARY BENEFIT, BY HIMSELF
AND/OR in connivance with co-accused CHARLIE ‘ATONG’ ANG, JOSE
‘Jinggoy’ Estrada, Yolanda T. Ricaforte, Edward Serapio, AND JOHN DOES AND
JANE DOES, in consideration OF TOLERATION OR PROTECTION OF ILLEGAL
GAMBLING;
(b)
by
DIVERTING, RECEIVING, misappropriating,
converting OR misusing DIRECTLY OR INDIRECTLY, for HIS OR THEIR PERSONAL gain and
benefit, public funds in the amount of ONE HUNDRED THIRTY MILLION PESOS
[P130,000,000.00], more or less, representing a portion of the TWO HUNDRED
MILLION PESOS [P200,000,000.00] tobacco excise tax share allocated for the Province
of Ilocos Sur under R.A. No. 7171, BY HIMSELF AND/OR in CONNIVANCE
with co-accused Charlie ‘Atong’ Ang, Alma Alfaro, JOHN DOE a.k.a. Eleuterio
Tan OR Eleuterio Ramos Tan or Mr. Uy, and Jane Doe a.k.a. Delia Rajas, AND
OTHER JOHN DOES AND JANE DOES;
(c)
by
directing, ordering and compelling, FOR HIS PERSONAL GAIN AND BENEFIT,
the Government Service Insurance System (GSIS) TO PURCHASE, 351,878,000
SHARES OF STOCKS, MORE OR LESS, and the Social Security System (SSS), 329,855,000
SHARES OF STOCK, MORE OR LESS, OF THE BELLE CORPORATION IN THE AMOUNT OF MORE
OR LESS ONE BILLION ONE HUNDRED TWO MILLION NINE HUNDRED SIXTY FIVE THOUSAND
SIX HUNDRED SEVEN PESOS AND FIFTY CENTAVOS [P1,102,965,607.50] AND MORE OR LESS
SEVEN HUNDRED FORTY FOUR MILLION SIX HUNDRED TWELVE THOUSAND AND FOUR HUNDRED
FIFTY PESOS [P744,612,450.00], RESPECTIVELY, OR A TOTAL OF MORE OR LESS ONE
BILLION EIGHT HUNDRED FORTY SEVEN MILLION FIVE HUNDRED SEVENTY EIGHT THOUSAND
FIFTY SEVEN PESOS AND FIFTY CENTAVOS [P1,847,578,057.50]; AND BY COLLECTING OR
RECEIVING, DIRECTLY OR INDIRECTLY, BY HIMSELF AND/OR IN CONNIVANCE WITH JOHN
DOES AND JANE DOES, COMMISSIONS OR PERCENTAGES BY REASON OF SAID PURCHASES OF
SHARES OF STOCK IN THE AMOUNT OF ONE HUNDRED EIGHTY NINE MILLION SEVEN HUNDRED
THOUSAND PESOS [P189,700,000.00], MORE OR LESS, FROM THE BELLE CORPORATION
WHICH BECAME PART OF THE DEPOSIT IN THE EQUITABLE-PCI BANK UNDER THE ACCOUNT
NAME “JOSE VELARDE”;
(d)
by
unjustly enriching himself FROM COMMISSIONS, GIFTS, SHARES, PERCENTAGES,
KICKBACKS, OR ANY FORM OF PECUNIARY BENEFITS, IN CONNIVANCE WITH JOHN DOES AND
JANE DOES, in the amount of MORE OR LESS THREE BILLION TWO HNDRED
THIRTY THREE MILLION ONE HUNDRED FOUR THOUSAND AND ONE HUNDRED SEVENTY THREE
PESOS AND SEVENTEEN CENTAVOS [P3,233,104,173.17] AND DEPOSITING THE SAME
UNDER HIS ACCOUNT NAME “JOSE VELARDE” AT THE EQUITABLE-PCI BANK.
CONTRARY TO LAW.
On
April 20, 2001, the Court in its Minute Resolution granted and admitted the
prosecution’s Urgent Ex-Parte Motion to Admit Amended Information dated April
18, 2001.
On April 25, 2001, the Court promulgated its Resolution
which stated:
Xxx xxx xxx the
Court finds and so hold that probable cause for the offense of PLUNDER exists
to justify issuance of warrants for the arrest of accused Former President
Joseph Ejercito Estrada, Mayor Jose “Jinggoy” Estrada, Charlie “Atong” Ang,
Edward Serapio, Yolanda T. Ricaforte, Alma Alfaro, John Doe a.k.a. Eleuterio
Tan or Eleuterio Ramos Tan or Mr. Uy, and Jane Doe a.k.a. Delia Rajas.
No bail is fixed for the provisional
liberty of the accused for the reason that the penalty imposable for the
offense of plunder under RA No. 7080, as amended by Sec. 12 of RA No. 7659, is reclusion perpetua to death.
Director General Leandro R. Mendoza,
Chief of the Philippine National Police, shall implement the warrant of arrest
upon service to him by Mr. Edgardo A. Urieta, Chief of the Sheriff and Security
Services Division of the Sandiganbayan.
Once arrested, all the accused shall undergo the required processes and
be detained at the PNP
On the 25th day of April 2001, on the basis
of the said resolution, the Court issued an Order of Arrest and Hold Departure
Order for all the named accused in the present information. The Philippine National Police (PNP) submittd
its Report of Compliance dated April 25, 2001 which stated:
1.
That
in compliance with the Order of Arrest issued by the Honorable Court in the
above captioned criminal case, accused Joseph E. Estrada and Jose “Jinggoy”
Estrada, both residence of no. 1 Polk Street, North Greenhills, San Juan, Metro
Manila voluntarily surrendered to the undersigned on 25 April 2001 at about
3:00 o’clock PM at said residence in the presence of their counsels.
2. That
right after their surrender, they were brought inside Camp Crame, Quezon City
for the required processes and pending further orders from this Honorable Court
they shall be kept in Camp Crame;
A Compliance/Return of Warrant of Arrest was also
filed on April 26, 2001 by P/Chief Superintendent Nestor B. Gualberto.
As to accused Serapio, the PNP’s Report of Compliance
reads in part:
2. That
one of the accused named therein, Atty. Edward S. Serapio, surrendered to the
Chief, Philippine National Police, through the Criminal Investigation and
Detection Group (CIDG) in Camp Crame, Quezon City on April 25, 2001 at about
9:45 PM where the required processes were administered to him and pending
further orders from this Honorable Court he shall be kept in Camp Crame;
The Court, in its Minute Resolution dated April 26,
2001, set the arraignment of the detained accused on May 3, 2001 which was
cancelled due to the different motions filed by the accused. Accused Jinggoy Estrada filed his Motion to
Quash or Suspend dated April 24, 2001 and a Very Urgent Omnibus Motion dated
April 30, 2001. Among other motions, accused
FPres. Estrada filed his Motion to Quash dated June 7, 2001 and accused Serapio
filed his Motion to Quash (Re: Amended Information dated April 18, 2001) dated
June 26, 2001. In its Resolution dated July
9, 2001, the Court denied all the aforesaid motions to quash and accused
Jinggoy Estrada’s Very Urgent Omnibus Motion dated April 30, 2001. The Court’s Resolution dated July 9, 2001 was
sustained by the Honorable Supreme Court in the Decisions rendered in Joseph
Ejercito Estrada vs. Sandiganbayan (G.R. No. 148560, November 19, 2001) and
Jose “Jinggoy” Estrada vs. Sandiganbayan (G.R. No. 148965, February 26, 2002).
On July 10, 2001, the Court denied the motion to
defer filed by accused FPres. Estrada and Jinggoy Estrada and proceeded with
the arraignment of accused FPres. Estrada, Jinggoy Estrada, and Serapio under
the Amended Information. The accused
having refused to enter a plea, the Court entered a plea of not guilty for all
the three (3) accused.
Petitions
for Bail / House Arrest
With the detention of accused FPres. Estrada and
Jinggoy Estrada in
The Court on June 9, 2001, issued a Resolution
denying accused FPres. Estrada’s Urgent Ex-Parte Motion to Place on House
Arrest and issued an Order for the confinement of accused FPres. Estrada and
Jinggoy Estrada at
On March 17, 2004, FPres. Estrada filed a Motion to
Modify Custodial Arrangement dated March 17, 2004 and, on March 30, 2004, the
counsel de officio of accused FPres. Estrada filed a Manifestation dated March
29, 2004 informing the Court, among others, that the said accused was willing
to have his property in Tanay, Rizal placed under the control and supervision
of the Court and the Philippine National Police for the duration of his
detention.
On July 12, 2004, the Court issued a joint resolution
granting FPres. Estrada’s motion to modify Custodial Arrangement dated March
29, 2004 subject to the conditions imposed by the Court. Accused FPres. Estrada filed a Compliance and
Acceptance of Conditions on July 13, 2004.
Since then, accused FPres. Estrada has been detained in his property at
Tanay, Rizal.
When the Court ordered the arrest and detention of
the accused in these cases, accused Serapio filed his petition for bail on
April 27, 2001. Accused Jinggoy
Estrada’s petition for bail was included in his Very Urgent Omnibus Motion
dated April 30, 2001.
Accused
Serapio’s Petition for Bail was deferred indefinitely as prayed for by the said
accused while, on August 14, 2001, accused Jinggoy Estrada filed an Urgent
Second Motion for Bail for Medical Reasons dated August 16, 2001 which the
prosecution opposed. On December 20,
2001, the Court issued its Resolution denying accused Jinggoy Estrada’s Urgent
Second Motion for Bail for Medical Reasons.
Considering the denial of the said motion for bail
for medical reasons, accused Jinggoy Estrada, on April 17, 2002, filed an
Omnibus Application for Bail dated April 16, 2002. After hearing, the Court issued a Resolution
on March 6, 2003 which granted accused Jinggoy Estrada’s Omnibus Application
for Bail. The prosecution’s Motion for Reconsideration dated March 13, 2003 was
denied in this Court’s Resolution dated April 30, 2003. The aforesaid Resolutions
granting bail to Mayor Jinggoy Estrada were upheld by the Honorable Supreme
Court in a Decision promulgated in G.R. No. 158754, People vs. Sandiganbayan (Special Division) and Jose “Jinggoy” Estrada
(August 10, 2007).
As to accused Serapio, the Court’s Resolution dated
September 12, 2003 also granted accused-movant Serapio’s Urgent Petition for
Bail dated April 27, 2001. The Court
fixed the amount of bail of accused Serapio and Jinggoy Estrada at Five Hundred
Thousand Pesos (P500,000.00) each which was to paid in cash.
While the case was already in the trial stage, on
January 4, 2002 the counsels for the accused Estradas wrote a letter to the
Acting Presiding Justice requesting for a re-raffle of the cases against the
accused, citing as grounds the continuing uncertain composition of the justices
handling the cases against the accused Former President, et al., at that time. The prosecution filed its Opposition to
Request for Re-Raffle On January 9, 2002 and its Comment/Suggestion on January
10, 2002 that a Special Third Division be constituted to be composed of the
present Presiding Justice, the only remaining member of the Third Division to
which the case was raffled, and two other Sandiganbayan Justices who are not
retirables within the next three (3) years.
Justice Anacleto Badoy, the Chairman of the Third Division, was due to
retire on October 2002, while Justice Ilarde, the other member, retired on
November 27, 2001. On January 11, 2002,
the Sandiganbayan En Banc issued its Resolution 01-2002 recommending to the
Supreme Court that the cases against accused FPres. Estrada, et al., be
referred to a Special Division. The
Supreme Court on January 21, 2002 promulgated its Resolution Creating the
Special Division of the Sandiganbayan which shall hear, try and decide with
dispatch the Plunder Case and all related cases filed or may hereafter be filed
against accused FPres. Estrada, and those accused with him, until they are
resolved, decided and terminated. In the
Special Division of the Sandiganbayan, the Supreme Court retained, as Junior Member,
the present Presiding Justice who was then the only remaining member of the
Third Division to which the Plunder Case was raffled, and designated the then
Presiding Justice Minita V. Chico-Nazario, as Chairperson, and Associate
Justice Edilberto G. Sandoval as Senior Member.
This was not the first time that a Special Division of the Sandiganbayan
was constituted to try a case. A Special
Division was previously constituted to try and decide the Aquino-Galman cases in
that composition of the said Division was also maintained until the case was
decided notwithstanding the subsequent changes in the composition of the Division
due to promotions and/or retirement of its members.
During the same year, the counsel de parte of accused
FPres. Estrada and Jinggoy Estrada all withdrew their appearances. The Court on March 1, 2002, in order to
protect the rights and interest of the accused, appointed the Public Attorneys
Office (PAO) and those who have been recommended by the Board of Governor of
the Integrated Bar of the
Upon conclusion of the presentation of prosecution
evidence and after the Court have ruled on the offer of evidence of the
prosecution, accused FPres. Estrada, Jinggoy Estrada and Serapio filed their
respective motion for leave of court to file demurrer to evidence. In a Joint Resolution dated March 10, 2004,
the Court granted accused FPres. Estrada’s Motion for Leave to File Demurrer to
Evidence in Criminal Case Nos. 26905 and 26565 while it denied the same motion
of all the accused in Criminal Case No. 26558 for lack of merit. Subsequently, the Demurrer to Evidence of
accused FPres. Estrada was filed. In its
Joint Resolution dated July 12, 2004, the Court resolved to deny FPres.
Estrada’s Demurrer to Evidence in Criminal Case No. 26905 but granted the
Demurrer to Evidence of FPres. Estrada in Criminal Case No. 26565.
After the presentation of the evidence for accused
FPres. Estrada and Jinggoy Estrada, accused Serapio manifested that he opted
not to present his own evidence but adopted the evidence presented by FPres.
Estrada and Jinggoy Estrada. The said
accused then formally offered their evidence.
The Court issued its resolution on the formal offer of evidence for
accused FPres. Estrada, Jinggoy Estrada and Serapio. On the other hand, the prosecution manifested
that it was not presenting any rebuttal evidence but formally offered
additional evidence and tendered excluded evidence in its Supplemental Formal
Offer of Exhibits [Re: Exhibits Identified, Presented, and Marked during the
Cross Examination of Defense Witnesses] with Tender of Excluded Evidence dated
March 29, 2007. The Court issued its
Minute Resolution dated April 19, 2007 on the said additional offer of evidence
of the prosecution.
In an Order dated May 9, 2007, the Court gave the
parties a period of time to file their respective memoranda and scheduled the
Oral Summation requested by accused FPres. Estrada and Jinggoy Estrada on June
15, 2007. After the Oral Summation, the
case was submitted for decision.
Incidentally, on November 10, 2006, the National
Bureau of Investigation filed its Return of “Alias” Order of Arrest, informing
the Court that one of the accused in this case, Atong Ang was extradited from
the
On January 24, 2007, when the case was scheduled for
Pre-Trial only for accused Atong Ang, the prosecution and the said accused,
assisted by his counsel, manifested in open court that they had executed a Plea
Bargaining Agreement. The Court’s
Resolution dated March 14, 2007 approved the Plea Bargaining Agreement entered
into by the parties.
On March 19, 2007, during accused Atong Ang’s
re-arraignment, the said accused pleaded guilty to a lesser offense of
Corruption of Public Officials under Article 212 in relation to Article 211 of
the Revised Penal Code. On the same day,
the Court rendered its decision against accused Atong Ang sentencing said
accused to “two (2) years and four (4) months of prision correccional minimum,
as minimum, to six (6) years of prision correccional maximum, as maximum, and
to pay the amount of P25,000,000.00 to the Government as his civil liability”. Accused Atong Ang immediately filed a
Petition for Probation (with Motion to Deduct Period of Preventive Imprisonment
from the Term of Imprisonment and to Post Bail Pending Resolution thereof)
which the Court granted in a Resolution dated May 25, 2007. Accused Atong Ang is now under probation.
STATEMENT OF THE STIPULATIONS
OF THE PARTIES AT PRE-TRIAL
________________________________
After
the arraignment of the accused, the pre-trial was conducted which led to the
issuance of the Amended Pre-Trial Order dated June 14, 2001, quoted in part
hereunder:
When this case was called for pre-trial on September 3,
2001, accused JOSEPH EJERCITO ESTRADA, JOSE “Jinggoy” P. ESTRADA appeared,
assisted by counsels, Atty. Jose B. Flaminiano, Atty. Cleofe Villar-Verzola,
Atty. Rene A. V. Saguisag and Atty. Raymond Parsifal A. Fortun. Accused Edward
S. Serapio likewise appeared, assisted by his counsels, Atty. Sabino Acut, Jr.
and Atty. Martin Israel L. Pison. The People was represented by Ombudsman
Aniano A. Desierto, Deputy Ombudsman Margarito P. Gervacio, Jr., Deputy Special
Prosecutor Robert E. Kallos, Ombudsman Prosecutor III Antonio T. Manzano and
Humphrey T. Monteroso.
The
accused Estradas and Edward S. Serapio submitted their WAIVER OF APPEARANCE
dated September 3, 2001 stating as follows:
Accused
Joseph Estrada, Jose “Jinggoy” Estrada and Edward S. Serapio hereby waive their
appearance during the pre-trial and the trial of this case subject to the
conditions that:
a)
whenever
his/her/their name/s/are mentioned at any stage of the proceedings of this/
these case/s whether in testimonial or documentary evidence, such name/s
refer/s to his/her/them; and
b)
whenever
his/her/their appearance shall be require by the Court at any time, they will
appear, otherwise warrant/s shall issue for their arrest.
The
aforementioned three (3) accused verbally manifested in open Court that they
fully understand and agree with their conditions contained in their Waiver of
Appearance.
Xxx xxx xxx
The
prosecution, the accused Estradas and accused Serapio agreed to stipulate on
the following facts, as proposed by the prosecution to wit:
1.
That
accused Joseph Estrada (“Estrada” for short) took his oath of office as
President of the Republic of the
2.
That
accused Joseph Estrada is married to Dra. (now Senator) Luisa P. Ejercito; [cf.
Proposal No. 2 (For all Specifications) of accused Estrada’s Proposed
Stipulation of Facts of the defense dated 01 August 2001];
3.
That
accused Jose “Jinggoy” Estrada, Jr. (“Jinggoy” for short) is the son of accused
Joseph Estrada; [cf. Proposal No. 3 (For all Specifications) of accused
Estrada’s Proposed Stipulation of Facts of the defense dated 01 August 2001;
4.
Edward
S. Serapio is a lawyer and a former professor of law at the Ateneo de Manila University
School of Law; [cf. Proposal No. 1 of accused Atty. Edward Serapio’s Request
for Stipulation of Facts and Admission of Documents dated 01 August 2001;
5.
On
April 29 1999, Atty. Serapio was appointed by President Joseph Estrada as
Presidential Assistant for Political Affairs with the rank of Undersecretary.
[cf. Proposal No. 2 of accused Atty. Edward Serapio’s Request for Stipulation
of Facts and Admission of Documents dated 01 August 2001;
6.
He
accepted such appointment. [cf. Proposal No. 2. 1 of specification of accused
Atty. Edward Serapio’s Request for Stipulation of Facts and Admission of
documents dated 01 August 2001.
The other stipulations of facts
proposed by the accused Estradas and admitted by the prosecution were:
1.
That
From 1998-2001, Mr. Luis “Chavit” Singson was elected Governor of the province
of Ilocos Sur; [cf. Proposal No. 6 (For all Specifications) of accused
Estrada’s Proposed Stipulation of Facts of the defense dated 01 August 2001];
2.
That
the amount of P40 Million was withdrawn by a person representing herself to be
accused Alma Alfaro from Land Bank of the Philippines-Shaw Branch on 28th
August 1998; [cf. Proposal No. 5 of specification (b) of accused Joseph E.
Estrada and Jose “Jinggoy” Estrada’s Stipulation of Facts and Admission of
Documents dated 01 August 2001.
The accused Estradas proposed and
the prosecution admitted the following stipulation of facts:
1.
That
accused Joseph Estrada personally knows Mr. Rodolfo “Bong” Pineda; [cf. Paragraph 13 of the
Prosecution’s Additional Stipulation of Facts dated 01 August 2001];
2.
That
accused Joseph Estrada personally knows “Atong” Ang; [cf. Paragraph 17 of the
Prosecution’s Additional stipulation of Facts dated 01 August 2001];
3.
That
accused Joseph Estrada personally knows Mr. Lucio Co; [cf. Paragraph 23 of the
Prosecution’s Additional Stipulation of Facts dated 01 August 2001];
4.
That
accused Joseph Estrada personally knows Mr. Jaime Dichaves; [cf. Paragraph 24
of the Prosecution’s Additional Stipulation of Facts dated 01 August 2001];
5.
That
accused President Estrada is a close and childhood friend of Carlos A.
Arellano; [cf. Paragraph 1 Re: Belle case of the Prosecution’s Additional
Stipulation of Facts dated 01 August 2001];
6.
That
accused President Estrada appointed Carlos A. Arellano as Chairman of the
Social Security System on July 1, 1998; [cf. Paragraph 2 re: Belle case of the
Prosecution’s Additional Stipulation of Facts dated 01 August 2001];
7.
That
Carlos A. Arellano was appointed by accused President Estrada as President and
Chief Executive Officer of the Social Security System; [cf. Paragraph 3 re:
Belle case of the Prosecution’s Additional Stipulation of Facts dated 01 August
2001];
8.
That
accused President Estrada knew of the existence of Belle Corporation; [cf.
Paragraph 7 re: Belle case of the Prosecution’s Additional Stipulation of Facts
dated 01 August 2001];
Proposed
Stipulation of Facts of the prosecution admitted by accused Serapio:
1.
That
Erap Muslim Youth Foundation (hereinafter the
“Foundation”) has a huge fund of more than P211 Million.
The only issue that was raised by
the parties for resolution is whether or not accused JOSEPH EJERCITO ESTRADA,
JOSE “Jinggoy” P. ESTRADA and ATTY. EDWARD S. SERAPIO are guilty of the offense
charged in the Amended Information.
The accused Estradas raise also the
issue of whether or not the allegations in the information would constitute the
crime of plunder as defined by R.A. No. 7080. (
The
evidence submitted by the prosecution and the defense in support of, or in
denial, of the speculations of the predicate acts adverted to in each of the
paragraphs are discussed hereunder in seriatim:
EVIDENCE PRESENTED:
RE: SUB-PARAGRAPH A OF THE
AMENDED INFORMATION
____________________________
(a) by
receiving OR collecting, directly or indirectly, on SEVERAL
INSTANCES, MONEY IN THE AGGREGATE AMOUNT OF FIVE HUNDRED FORTY-FIVE MILLION
PESOS (P545,000,000.00), MORE OR LESS, FROM ILLEGAL GAMBLING IN THE FORM OF
GIFT, SHARE, PERCENTAGE, KICKBACK OR ANY FORM OF PECUNIARY BENEFIT, BY HIMSELF
AND/OR in connivance with co-accused CHARLIE ‘ATONG’ ANG, JOSE
‘Jinggoy’ Estrada, Yolanda T. Ricaforte, Edward Serapio, AND JOHN DOES AND
JANE DOES, in consideration OF TOLERATION OR PROTECTION OF ILLEGAL
GAMBLING;
The alleged co-conspirators of accused Former President
Joseph Ejercito Estrada named in this paragraph (a) are: Charlie “Atong” Tiu
Hay Sy Ang (Atong Ang), Jose “Jinggoy” Estrada, Yolanda T. Ricaforte (Ricaforte)
and Edward S. Serapio. The paragraph
also refers to unidentified co-conspirators by the usual “Jane Does” and “John
Does”.
I. EVIDENCE
FOR THE PROSECUTION
The principal witness of the prosecution in this
first specification of the predicate acts of plunder is Former Ilocos Sur
Governor Luis “Chavit” C. Singson. He
testified extensively on the charge that FPres. Estrada accumulated ill-gotten
wealth in the above-mentioned amount through the monthly remittance to him of
seems of money collected from operations of illegal gambling, commonly known as
“jueteng”, based in the different provinces of the country allegedly in
consideration of the prosecution or unimpeded operation of said illegal gambling.
The gist of the testimony of Singson relative to
paragraph (a) of the Amended Information is set forth hereunder:
GOVERNOR
LUIS “CHAVIT” CRISOLOGO SINGSON (Gov.
Singson) was 61 years old, married, a businessman, and a resident of
(1) the collection of jueteng protection money from November 1998
to August 2000, in the amount of Five Hundred Forty Five Million Pesos (P545,000,000.00)
more or less and the amount of Two Hundred Million Pesos (P200,000,000.00) also
from the said illegal gambling protection money; and
(2) misappropriation, diversion and conversion for his personal
gain as benefit public funds in the amount of
One Hundred Thirty Million Pesos (P130,000,000.00) more or less,
representing a portion of the Two Hundred Million pesos (P200,000,000.00)
Tobacco Excise Share allocated for the Province of Ilocos Sur under Republic
Act No. 7171.
Gov. Singson was also presented by the prosecution to
prove that Jinggoy Estrada and Serapio conspired with and/or acted as
co-principals by indispensable cooperation of FPres. Estrada in the running of
the illegal numbers game of jueteng and in the receipt by FPres. Estrada of
jueteng protection money; that accused Jinggoy Estrada regularly collected
jueteng protection money every month from January of 1999 to August 15, 2000,
as an indispensable part of the amassing and accumulating ill-gotten wealth by
principal accused FPres. Estrada and as part of the series and/or combination
of overt or criminal acts constituting the crime of plunder; that Serapio
conspired with FPres. Estrada and the other accused in receiving the Two Hundred
Million Pesos (P200,000,000.00) which came from jueteng operations and in
hiding and/or laundering the same through the banking system and that Serapio
was the personal lawyer of FPres. Estrada and that in furtherance of the
conspiracy he set up various juridical entities to mask and/or hide various
illegal proprietary and business interests of FPres. Estrada. Gov. Singson would also identify certain
documents, checks, pictures and other facts relevant to the foregoing, which
tend to prove the combination and/or series of overt and criminal acts,
constitutive of the crime of plunder (and to oppose the petition for bail of
Jinggoy Estrada. Gov. Singson’s
testimony was also offered to prove the illegal use of alias). [TSN dated July 17, 2002, pp. 168-174]
Gov. Singson testified that he was called by FPres.
Estrada at his house in
According to Gov. Singson, the day after the
aforementioned meeting, Atong Ang started meeting with the jueteng operators in
his office near the municipal hall of San Juan. [Ibid, p. 188] Atong Ang and the operators were bargaining
how much protection money from each province will be given to FPres. Estrada.
[Ibid, p. 193] After the final talk,
they started collecting jueteng protection money, specifically from August of
1998. [Ibid, p. 203]
Gov. Singson knew FPres. Estrada for almost thirty
(30) years before August of 1998. FPres.
Estrada was not yet a mayor but a movie actor as Gov. Singson’s mother was a
producer. [Ibid, p. 191] Gov. Singson
first met Atong Ang at the cockpit and gambling places. He had known Atong Ang
for a long time even when FPres. Estrada was still the Vice President. According to Gov. Singson, Bong Pineda was a
close “compadre” of FPres. Estrada while his son, Jinggoy Estrada, was Bong
Pineda’s godson by marriage. [Ibid, p. 197]
Gov.
Singson claimed that he was present in not all but several meetings of Atong
Ang with the jueteng collectors. He was
present when there was an agreement on the three percent (3%) of total
collections in every province, as fixed by Atong Ang. [TSN dated July 22, 2002,
pp. 12-13] Jueteng money was delivered
to FPres. Estrada initially every end of the month, starting September of 1998
and later every 15th and at the end of the month. [Ibid, p.14]
On October of 1998, Gov. Singson and Atong Ang
brought the jueteng protection money of about Nine Million Pesos (P9,000,000.00)
for the said month to FPres. Estrada at his house, in
Gov. Singson continued the collection as instructed
by FPres. Estrada, still with the help of Atong Ang, from November of 1998 until
August of 2000. The amounts of money
collected from jueteng during the said period were listed in the ledger per
month and per province. The ledger also
listed the expenses paid for using the jueteng protection money. [Ibid, pp.
24-27]
Every
fifteen (15) days, Gov. Singson himself delivered protection money to FPres.
Estrada in the amount of Five Million Pesos (P5,000,000.00) or a total of Ten
Million Pesos (P10,000,000.00) every month.
Emma B. Lim delivered once the jueteng money to FPres. Estrada in
Malacañang. The protection money was
delivered usually in cash but sometimes in check. Chavit Singon presented to this court two (2)
sets of ledger. The first set consisted of nine (9) pages covering the month of
November of 1998 up to July of 1999 (Exh. W7 to Exh. E8). The September 1998 and October 1998
collections were not reflected in the said ledger since the ledger was done
only after FPres. Estrada and Atong Ang quarreled in October 1998. The second set of ledger covered the months
of August of 1999 to August of 2000 (Exh.A-4 to Exh. A-4-d). [TSN dated July 22, 2002, p. 27-31]
Gov. Singson prepared the pages of the first set of
ledger (Exh. W7 to E8)
with the help of Emma B. Lim and Ma. Carmencita Itchon and on the following
year, Ricaforte joined them. [Ibid, pp. 35-36]
The pages of the second set of ledgers starting
August of 1999 to August of 2000 [Exhibit A-4 and submarkings] were prepared by
Ricaforte under the supervision of Gov. Singson who also checked the said
ledger. [Ibid, pp. 36-37]
Ricaforte was introduced to Gov. Singson by FPres.
Estrada before his birthday on April 19, 1999.
She was designated by FPres. Estrada as auditor because FPres. Estrada was strict with money. Gov. Singson was thankful for Ricaforte’s
designation because he did not want FPres. Estrada to distrust him. [Ibid, p. 40]
Gov. Singson considered Ricaforte as the employee of FPres. Estrada with
respect to the jueteng collections because not only was she introduced to
Singson by FPres. Estrada, the latter also told Singson to give her Eighty
Thousand Pesos (P80, 000.00) monthly salary.
Ricaforte held office at
According to Gov. Singson, the jueteng collections
were placed in a scratch paper as they came every fifteen (15) days, at the
middle and the end of the month or five (5) days after the end of the
month. When all the collections had
arrived, the list was finalized and then transferred to the computer. The ledgers were prepared upon instructions
of FPres. Estrada because the latter was strict with money. [Ibid, pp. 37-40,
41-42]
Gov. Singson explained in detail the entries on the
left hand portion of the ledger for November of 1998 up to July of 1999. In the province of Ilocos Sur, the total
collection for fifteen (15) days was Seven Hundred Fifty Thousand Pesos
(P750,000.00), in the province of La Union for 15 days, Five Hundred Thousand
Pesos (P500,000.00) total collection, while in Bulacan for 15 days, One Million
Pesos (P1,000,000.00) total collection (Exh. W7) of protection money
for FPres. Estrada. The entries for the
other provinces were similar. On the left side column were the names of the
provinces, the middle column pertained to the number of days, i.e., whether for 15 or 30 days and the right
column, the total amount of collections of jueteng protection money, in order
that jueteng operators will not be “arrested” or apprehended. There was one (1) collector for three (3)
provinces. [Ibid, pp. 53-54]
In the second set of ledger (Exh. A-4 to A-4-d)
Ricaforte gave a code name for every province below the title “Theme”. The number of days, either 15 or 30, under
the title “days” and the total amount of protection money for FPres. Estrada
below the title “points” were indicated in the ledger. [Ibid, pp. 55-56]
Gov. Singson narrated that when FPres. Estrada was
still the Vice President, they were already collecting jueteng money but not in
all provinces. When FPres. Estrada
assumed the presidency, he called Gov. Singson and Atong Ang to start jueteng
collections in provinces without protection money. Atong Ang talked to certain persons in the
said provinces so that the collection of protection money could start. Every
province had a collector but sometimes there was one collector for three (3)
provinces. The collections were submitted
to Gov. Singson but sometimes they would get the money from the house of the
collectors. The jueteng collections
which FPres. Estrada asked Gov. Singson to operate for FPres. Estrada’s own
benefit was at the national level, meaning nationwide. They did not interfere with jueteng operations
at the lower level. Before there were
“Kangaroo” type of jueteng operations or “Guerilla Type”. They did it on their own and they did not pay
protection money. When the jueteng
operators gave protection money to FPres. Estrada, they were not apprehended
anymore although there were instructions to the contrary which were for show or
for record purposes only. [Ibid, pp. 59-64]
There were local officials who did not allow jueteng
like Governor Lina in Laguna. He changed the Provincial Commander several times
but jueteng still continued. In the
other places the protection money for jueteng given to the local officials was
different from that given to the higher levels. [Ibid, pp. 65-66]
In Exhibit A-4, ULAC stands for Bulacan and the
figure 1.00 means One Million Pesos (P1,000,000.00) for fifteen (15) days, as
protection money for FPres. Estrada. If
the number of days was blank it meant 15 days, otherwise the number 30 was
indicated.
In the ledger (Exh A-4-C up to A-4-I) covering the
periods of January of 2000 up to August of 2000, the same figures appeared but
the code names of the provinces were replaced by their original names as
instructed by FPres. Estrada who was confused with the code names. Under the sub-title “amount“, the total
amount of protection money given to FPres. Estrada was reflected. For instance, in Ilocos Sur, the amount of
500 meant Five Hundred Thousand Pesos (P500,000.00). [Ibid, pp. 67-68]
The other entries were similar, except for the
substitution of the code names with actual names of the provinces. For instance, the amount of protection money
given to FPres. Estrada corresponding to Ilocos Sur entered as 500, was Five
Hundred Thousand Pesos (P500,000.00).
For the
The two boxes of entries at the right bottom of the
ledger marked as Exhibits A-4 to A-4-l, reflected the expenses to show where
some of the money collected went. [Ibid, p. 70] The first entry (Exh. W7-1) showed
that Two Million Pesos (P2,000,000.00) went to “Jimpol”, which referred to then
Secretary Jimmy Policarpio. The latter confirmed to Gov. Singson this receipt
of the said amount from Bong Pineda which Secretary Policarpio, then a
political liaison officer for Congress, would
use for the media. [Ibid, pp. 74-75] In the ledger for November of 1998, the
entry 300 Goma (Exh W7-2) means that Three Million Pesos
(P3,000,000.00) was given to the Office
of the Chief of the Philippine National Police (PNP). [Ibid, pp.74-76] Gov.
Singson himself brought the money at first to General Lastimoso, the Chief of
the PNP but he refused to receive the money. Later Atong Ang identified the
persons from PNP who will pick up the money and help them in the
operation. Gov. Singson called up FPres.
Estrada to inform him that Lastimoso refused to receive the money. Gov. Singson
was worried Lastimoso may not coordinate with them. One time, Gov. Singson was called to
Malacanang and he met General Lastimoso there and FPres. Estrada told the latter to coordinate with Gov. Singson about the operation of
jueteng. General Lastimoso expressed the need to coordinate with the Regional
Commanders to apprehend jueteng operations for show only (“kunwari”). [Ibid,
pp. 77-80]
The entry “November 1998, 5.00, AS Sunday” (Exh W7-3)
means that the amount for Five Million Pesos (P5,000,000.00) protection money
was given to FPres. Estrada, whose code name was “Asiong Salonga” on a
Sunday. Gov. Singson himself gave the money
to FPres. Estrada. The next entry “1.000
Jing” (Exh W7-4), would show that One Million Pesos (P1,000,000.00)
was given to Jinggoy Estrada, whose code name was “Jing”. According to Gov. Singson, Jinggoy Estrada
was the collector of protection money for the Province of Bulacan which should
be Three Million Pesos (P3,000,000.00) for every month but Jinggoy Estrada kept
the One Million Pesos (P1,000,000.00) and remit to Gov. Singson only Two
Million Pesos (P2,000,000.00) or One Million Pesos (P1,000,000.00) for every 15
days. [Ibid, pp. 80-82]
Atong Ang told Gov. Singson that Jinggoy Estrada got
One Million Pesos (P1,000,000.00) and Jinggoy Estrada confirmed it but when
they told FPres. Estrada about it, he instructed them not to give Jinggoy
Estrada money and he will be the one to give money to Jinggoy Estrada. Gov. Singson removed the name of Jinggoy
Estrada from the list and they kept it a secret from FPres. Estrada that
Jinggoy Estrada was taking jueteng money because Jinggoy Estrada will get angry
too if he was not given a share. Jinggoy
Estrada was then the Mayor of the
The entry “500 JD” (Exh W7-5) means that
Five Hundred Thousand Pesos (P500,000.00) went to Jude Estrada, a son of FPres.
Estrada. Jude confirmed to Gov. Singson
that he received the said amount of jueteng protection money from Atong Ang who
reported that to Gov. Singson. The entry
“1.800 ad check” (Exh W7-6) refers to One Million Eight Hundred
Thousand Pesos (P1,800,000.00) covered by a bad check, part of jueteng money,
which bounced. This was PCI Bank Check
No. 0019063 (Exh. F8) given to Gov. Singson by one Celso De Los
Angeles. The entry “17.300 total
expenses” (Exh. W7-7) represents the Seventeen Million Three Hundred
Pesos (P17,300,000.00) the amount of total expenses for the month of November
of 1998. The total expenses every month
were entered in the ledger (Exh. X7 to E8, and Exh. A-4
to A-4-d. [Ibid, pp. 85-92])
In the entry for December of 1998 (Exh. X7),
the first entry “5.00, AS” (Exh. X7-1) shows the Five Million Pesos
(P5,000,000.00) that was given by Gov. Singson to FPres. Estrada from the
collection of jueteng protection money.
The ledger for January 1999 bearing as first entry “6.00 cash January 2,
AS” (Exh Y7-1), reflected the Six Million Pesos (P6,000,000.00) cash
from the same source given personally by Gov. Singson to FPres. Estrada. The entry “3.00 check, February 1, 1999, AS”
(Exh. W7-2) shows that Three Million Pesos (P3,000,000.00) in check
was given to FPres. Estrada on February 1, 1999 as part of protection money.
[Ibid, pp. 93-95] Another entry “5.00
check, February 1, 1999 AS” (Exh Y7-3), refers to the Five Million
Pesos (P5,000,000.00) Check given by Gov. Singson to FPres. Estrada from
jueteng protection money. This check
(Metrobank Check No.0000917, Exh G8-1) was deposited in the account
of Paul Boghart, who was mentioned during the impeachment trial at the Senate
as a foreigner assisting in the “PR” of FPres. Estrada. [Ibid, pp. 93-97]
The entry “3.500 cash, January 19, AS” (Exh. Y7-4)
pertains to Three Million Five Hundred Pesos (P3,500,000.00) cash from the
protection money given by Gov. Singson to FPres. Estrada on January 19
(1999). The entry “5.00, February 18,
AS” (Exh. Z7-1) refers to the Five Million Pesos (P5,000,000.00)
given by Gov. Singson to FPres. on February 18, 1999 from the same protection
money. Gov. Singson explained that the
entry “400 tax” (Exh Z7-2) at the right hand portion of Exhibit Z7,
refers to the Four Hundred Thousand Pesos (P400,000.00) which he got for
reimbursement of the expenses that he paid or would pay but were not recorded
in the ledger. In the ledger for March
1999 (Exh. A8), April 1999 (Exh. B8), May 1999 (Exh. C8),
June 1999 (Exh. D8), July 1999 (Exh. E8), and August 1999
(Exh A-4) there were similar entries of “tax” which were also intended for the
same purpose. Gov. Singson called them
“butal”. Gov. Singson had the permission
of FPres. Estrada that all amounts less than One Million Pesos (P1,000,000.00)
were considered “butal” which Gov. Singson kept for reimbursement of expenses
which FPres. Estrada would ask Gov. Singson to pay. If the total amount collection was Four
Million Two Hundred Pesos (P4,200,000.00), Gov. Singson got Two Hundred
Thousand Pesos (P200,000.00) of the said collection as “butal” and included the
same in the ledger as “tax”. [Ibid, pp. 98-101]
In the ledger for February 1999 collection appears a
handwritten entry “+ 4.00 capitol February 3, 1999”. This entry pertains to the Four Million Pesos
(P4,000,000.00) “kickback” which FPres. Estrada asked Gov. Singson to give him
on February 3, 1999 out of the Twenty Million Pesos (P20,000,000.00) allotted
for the repair of the capitol of Ilocos Sur.
This P4 Million was added to the “total to date” of the collection which
consequently amounted to Thirty Eight Million Pesos (P38,000,000.00). [Ibid,
pp. 102-103]
In the ledger for March 1999 (Exh. A8), the
first entry “5.00, 4/6/99, AS” (Exh. A8-1) shows that Five Mllion
Pesos (P5,000,000.00) that Gov. Singson gave FPres. Estrada on April 6,
1999. Gov. Singson wrote on the ledger
“AS”, i.e. Asiong Salonga, the code name of FPres. Estrada [Ibid, p. 103]
Regarding the entry “500 3/23 c/0
On April 1, 1999, Five Million Pesos (P5,000,000.00)
were given by Gov. Singson to FPres. Estrada from jueteng protection money as
shown by the entry “5.00 4/1/99 AS” (Exh B8-1). The next entry, “1.00, William Gatchalian”
(Exh “B8-2), refers to the One Million Pesos (P1,000,000.00) given
by Gov. Singson to William Gatchalian upon instruction of FPres. Estrada. Gatchalian had a Twenty Million Pesos
(P20,000,000.00) check but FPres. Estrada won only Nineteen Million Pesos
(P19,000,000.00) in their mahjong game, so FPres. Estrada asked Gov. Singson to
give to Gatchalian the change of One Million Pesos (P1,000,000.00) charged to
the jueteng protection money. Gov.
Singson gave Gatchalian the said amount through a Metrobank Check No. 0001066
(Exh H8 and H8-1). [Ibid, pp.106-109]
The entry in Exhibit B8 which reads “200
Jerry and Len” (Exh B8-3) reflects the One Hundred Thousand Pesos
(P100,000.00) each given to then Secretary Lenny De Jesus and Secretary Jerry
Barican, or a total amount of Two Hundred Thousand Pesos (P200,000.00), as
“balato” as instructed by FPres. Estrada. [Ibid, pp. 109-110]
Senator Tessie Oreta
and Sonny Osmena were also given One Million Pesos (P1,000,000.00) each
or a total of Two Million Pesos (P2,000,000.00) in Cebu aboard the Presidential
Yatch “Ang Pangulo” as shown by the entry “2.00 Tessie and Sonny” (Exh. B8). Gov. Singson gave the said sums of money to
the Senators, which he funded through the jueteng protection money, in the form
of Metrobank Check No. 0001081 (Exhs. I8 and I8 -1 and
Metrobank Check No. 0001082 (Exhs. J8 and J8-1) upon
instruction of FPres. Estrada, as their “balato” for the winning of the latter
in “Mahjong”. [Ibid, pp. 112-114]
The amount of Five Million Pesos (P5,000,000.00) was
given by Gov. Singson to FPres. Estrada from the jueteng protection money on
each of the following dates as shown by the entries in the ledger: (1) May 1,
1999 (“5.00 5/1/99 AS” – Exh. C8-1); (2) May 18, 1999 (“5.00 5/18/99
AS” – Exh. C8-2); (3) June 1, 1999 (“5.00 6/1/99 AS” – Exh. D8-1);
(4) June 18, 1999 (“5.00 6/18/99 AS” – Exh. D8-2); (5) July 31, 1999
(“5.00 7/1/99 AS” – Exh. E8-1); and (6) July 19, 1999 (“5.00 7/19/99
AS” – Exh. E8-2). From May 1,
1999 to July 19, 1999, the total amount of money given by Gov. Singson to
FPres. Estrada would amount to Thirty Million Pesos (P30,000,000.00) based on
the ledger. [Ibid, pp.115-118]
The entry reading “123,000 total to date” (Exh E8-3)
represents the total amount of One Hundred Twenty Three Million Pesos
(P123,000,000.00) that remained as of July 1999. [Ibid, pp. 118-119]
After July 1999, particularly on August 1999, FPres.
Estrada called Gov. Singson, Ricaforte and Serapio to a meeting at
Mandaluyong. Gov. Singson was instructed
by FPres. Estrada in the presence of Ricaforte and Serapio to turn-over all the
balance of the money from jueteng to the account of Ricaforte. Gov. Singson was keeping most of the above-mentioned
P123,000,000.00 in the bank and the others in cash in his office because FPres.
Estrada would ask for money from time to time.
Gov. Singson turned-over the aforementioned balance of the jueteng money
partly in check and partly in cash in the office of FPres. Estrada. Ricaforte and Serapio were there with the
Former President. [Ibid, pp.119-123]
Part of the aforesaid P123,000,000.00 was covered by
Metrobank Check No. 0001360 (Exh K8 and K8-1) of Gov.
Singson in the amount of Seventeen Million Two Hundred Ten Thousand Pesos
(P17,210,000.00) [Ibid, p. 123]. The
second and third checks (Exhs A-2-b and A-7-c) were PCI Bank checks in the
account name of William Gatchalian each in the amount of Thirty-Five Million
Pesos (P35,000,000.00) or a total of Seventy Million Pesos (P70,000,000.00). Gov. Singson narrated that the amount of
Sixty-Two Million Pesos (P62,000,000.00) from the jueteng protection money was
lent to William Gatchalian. Out of this
transaction, FPres. Estrada earned Eight Million Pesos (P8,000,000.00) such
that William Gatchalian paid a total of Seventy Million Pesos (P70,000,000.00).
[Ibid, pp. 124-125]
Gov. Singson presented Metrobank Check No. 0001332
with account name Governor Luis “Chavit” Singson, in the amount of Forty-Six
Million Three Hundred Fifty Thousand Pesos (P46,350,000,00) payable to William
Gatchalian (Exh L8 and L8-1). This check, according to Gov. Singson was
part of the jueteng protection money lent to William Gatchalian. The rest of the P62,000,000.00 were in cash
and covered by other checks. [Ibid, pp. 126-127]
The Eight Million Pesos (P8,000,000.00) earned from
the loan by FPres. Estrada was taken as advance by the latter before due date
of the P70,000,000.00 of Gatchalian. For
this reason, the P8,000,000.00 was not anymore added to the balance of P123,000,000.00
of jueteng money. [Ibid, pp.
127-130] The advance of P8,000,000.00
was covered by Metrobank Check No. 0001388 with the account name Governor Luis
“Chavit” Singson (Exhs. M8 and M8-1). During the impeachment trial at the Senate,
it turned out that the P8,000,000.00 was deposited in the account of Senator
Loi Estrada [Ibid, pp. 130-131,139]
The fourth check which covered part of the total
balance of P123,000,000.00 jueteng protection money was a Far East bank Check
in the amount of Thirty-Four Million Six Hundred Forty Two Thousand Four
Hundred Forty Two Pesos (P34,642,442.00) payable to the order of Fontain Bleau,
Inc. (Exh B6). [Ibid, p. 124]
According to Gov. Singson, the Far East
Bank check payable to the order of Fontaine Bleau, Inc. was paid by Fontana to
Fontaine Bleau, Inc. which was a casino owned by FPres. Estrada and built with
the use of jueteng protection money. The
bulk of the P123,000,000.00 were turned-over by Gov. Singson in the form of
checks. The cash amounted only to Eight
Hundred Thousand Pesos (P800,000.00) only. [TSN dated July 24, 2002, pp.8-9]
In the second set of ledger covering the months of
August 1999 to August 2000 (Exh A-4) are found the following entries: (1) “3.00
AS 9/6 8 o’clock a.m.” (Exh A-4.1) and (2) “5.00 AS 8/16/99” (Exh A-4.2). The entries represent the two (2) Five
Million Pesos (P5,000,000.00) given by Gov. Singson to FPres. Estrada on
September 6 at 8 o’clock in the morning and on August 16, 1999 or a total of
Ten Million Pesos (P10,000,000.00) as part of jueteng collection. [Ibid, pp.
10-13]
The other entries in the said ledger are: (1) “16.310
August 1-15” (A-4-3); (2) “13.150 August 16-31” (Exh. A-4-4); (3) “29.460 total
for August” (Exh. A-4-5); (4) “15.200 expenses” (Exh. A-4-6); (5) “14.260
subtotal” (Exh. A-4-7); (6) “.260 tax” (Exh. A-4-8); (7) “14.000 total to date”
(Exh. A-4-9). Gov. Singson explained
that the entries mean (1) that the total collection for August 1-15, 1999
amounted to Sixteen Million Three Hundred Ten Thousand Pesos (P16,310,000.00);
(2) that from August 16-31, 1999 the total collection was Thirteen Million One
Hundred Fifty Thousand Pesos (P13,150,000.00); (3) that the total collection
for the whole month of August 1999 was
Twenty Nine Million Four Hundred Sixty Thousand Pesos (P29,460,000.00)
which all went to FPres. Estrada. The
expenses for the said month reached Fifteen Million Two Hundred Thousand Pesos
(P15,200,000.00). The said amount of
expenses was deducted from the total collection for the same month. The remainder, described as “subtotal”,
amounted to Fourteen Million Two Hundred Sixty Thousand Pesos
(P14,260,000.00). Of the latter sum of
money, Two Hundred Sixty Thousand Pesos (P260,000.00) was treated as “butal”
and taken by Gov. Singson to be used as reimbursement for expenses which Gov.
Singson was requested by FPres. Estrada to pay.
The balance of Fourteen Million Pesos (P14,000,000.00) was deposited in
the bank for President Estrada. [Ibid, pp. 14-18]
The “tax” entries in the ledger, starting Exhibit Z
to Z-7, covered the amounts less than One Million Pesos (P1,000,000.00) which
were treated as “butal” that remained with Gov. Singson to reimburse him for
expenses which were not recorded in the ledger but should be deducted from the
money of FPres. Estrada. [Ibid, pp. 19-21]
Gov. Singson mentioned that he personally gave or
handed to FPres. Estrada even if Malou Florendo, FPres. Estrada’s secretary,
was around. Gov. Singson either left the
money beside FPres. Estrada or behind the latter’s chair. FPres. Estrada would count the money by the
bundle [Ibid, pp. 22-23]. The Five
Million Pesos (P5,000,000.00) delivered by Emma B. Lim to Malou Florendo not to
FPres. Estrada personally was confirmed by the latter to have been received by
him. Emma B. Lim delivered the money to
the
The net balance of Fourteen Million Pesos (P14,000,000.00)
for August 1999 was deposited by Ricaforte at Equitable PCI Bank. The same was
done to the net monthly balances for September 1999, October 1999, November
1999, December 1999, January 2000, February 2000, March 2000, April 2000 and
May 2000. [Ibid, pp. 25-27]
The other entries in the second set of ledger for
September 1999 and October 1999 as follows: (1) “AS 11:30 am/258 5.000” (Exh
A-4-a-1); (2) “10/29 AS/258 5.000” (Exh A-4-b-1”); (3) 10/14 AS/258 5.000 (Exh A-4-b-2), mean
that Gov. Singson whose code name was “258” gave FPres. Estrada, referred to as
“AS”, which stands for Asiong Salonga Five Million Pesos (P5,000,000.00) on
each of the following dates: (a) in September 1999 at 11:30 in the morning; (b)
on October 29, 1999; and (c) on October 14, 1999.
In the November 1999 ledger (Exh A-4-c), the
following entries appear (1) “11/30 laptop comp./print.105,850” (Exh. A-4-c-1)
(2) “11/30 2 Starex 800 each/258 1.600” (Exh. A-4-C-2); (3) “11:30 AS/258 12p.m
PG5.000” (Exh. A-4-C-3); (4) “11/15 AS/258 at 4p.m 5.000” ( Exh. A-4-C-4 ), and
(5) “11/08 Jimpol 2.400”.
Gov. Singson explained the foregoing entries in the
November 1999 ledger as follows: On November 30, 1999, the amount of
P105,850.00 was used to buy the laptop computer with printer of Ricaforte. On November 30, 1999, Gov. Singson purchased
Two (2) units of Starex at Eight Hundred Thousand Pesos each or a total amount
of One Million Six Hundred Thousand Pesos (P1,600,000.00). One unit of Starex went to Ricaforte and was
registered in her name. The other was left in their office. At 12:00 noon on November 30, 1999, Gov.
Singson brought Five Million Pesos (P5,000,000.00) to FPres. Estrada in his
house at
The ledger for December 1999 (Exh. A-4-d), contains the
following entries: (1) “12/30 AS/258 5.000” (Exh A-4-d-1) and (2) “12/04 AS/258
5.00” (Exh A-4-d-2). According to Gov.
Singson the aforesaid entries show that he gave to FPres. Estrada, as part of
Jueteng protection, the amount of Five Million Pesos (P5,000,000.00) on
December 30, 1999 and another Five Million Pesos (P5 Million) on December 4,
1999. [Ibid, pp.39-41]
The ledger for January 2000 (Exh A-4-E) contains the
following entries: (1) “1/31/00 AS at PR 5.000” (Exh A-4-E-1); and (2) “1/15/00
AS at Pr 5.000”. According to Gov.
Singson “PR” stands for Presidential Residence and “AS” for Asiong Salonga,
that he gave to FPres. Estrada the amount of Five Million Pesos (P5,000,000.00)
twice, one on January 31, 2000 and the other January 14, 2000, at the
Presidential Residence. [Ibid, pp.41-43]
According to Gov. Singson, he was ordered by FPres.
Estrada to give to him Five Million Pesos (P5,000,000.00) of the jueteng
collection every fifteen (15) days of the month. All the jueteng collections were for FPres.
Estrada. The total amount of Ten Million
Pesos (P10,000,000.00) were given to him every month plus the expenses
(“gastos”) and the remainder or the rest of the collection were deposited in
the bank for FPres. Estrada in the name of Ricaforte. A total amount of Two Hundred Sixteen Million
Pesos (P216,000,000.00) were deposited in the bank for FPres. Estrada. [Ibid,
pp. 43-44]
Gov. Singson agreed at first that he would not earn
anything from jueteng, provided that the share of Ilocos Sur from the excise
tax under R.A. No. 7171 amounting to billions of pesos would be released to
them for their projects. Gov. Singson
testified that, after the One Hundred Thirty Million Pesos (P130,000,000.00)
were taken from him, the release of the funds did not continue. The Former President did not comply with the
agreement. [Ibid, pp. 44-46]
In the ledger for February 2000 (Exh A-4-F), the
following entries appear: (1) “AS/258 5.000” (Exh A-4-F-1); and (2) “2/17/00 AS
258 5.000” (Exh A-4-F-2). Gov. Singson
testified that these entries mean that he gave to FPres. Estrada, Five Million
Pesos (P5,000,000.00) as part of jueteng protection money in an unspecified day
in February of 2000 and another Five Million Pesos (P5,000,000.00) of the same
money on February 17, 2000. [Ibid, pp. 48-49]
The ledger for March 2000 (Exh A-4-G), bears the
following entries: (1) “3/16/00 AS/258 5.000” (Exh A-4-g-1); and (2) “4/3/00
AS/258 5.000” (Exh A-4-G-2). According
to Gov. Singson the entries mean that he gave Five Million Pesos (P5 Million)
on March 16, 2000 and another Five Million Pesos (P5,000,000.00) on April
3,2000, both as part of jueteng protection money. [Ibid, pp. 49-50] Gov. Singson explained that “258” was his
code name which he had been using even in their radio communication and that
later, FPres. Estrada would kid him with his code name when they played
mahjong. [Ibid, p. 52]
In the April 2000 ledger (Exh A-4-H), the entry
“4/14/00 AS/258 5.000” appeared twice, (Exh A-4-H-1) because according to Gov.
Singson he gave Five Million Pesos (P5,000,000.00) twice, one in the morning
and another in the afternoon on the same day, April 14, 2000, or a total of Ten
Million Pesos (P10,000,000.00) from jueteng protection money collection,
because FPres. called him up twice on the said date as his birthday on April
19, 2000 was nearing. [Ibid, pp. 53-54]
At the ledger for May 2000 (Exh A-4-i), the first
entry also at the right hand portion was “5/31 AS/258 5.000” (Exh A-4-i-1) and
next entry was “5/13 AS/258 5.000” (Exh A-4-i-2). Gov. Singson explained that the entries meant
that he gave Five Million Pesos (P5,000,000.00) on May 31, 2000 and another
Five Million Pesos (P5,000,000.00) to FPres. Estrada on May 13, 2000, both part
of the jueteng protection money. Gov.
Singson also mentioned that the entries sometimes were not in chronological
order, but they were for the same month.
[Ibid, pp. 55-56]
The June 2000 ledger (Exh A-4-j), the entry at the
right hand portion reads: “6/30
AS/258 3.300”, and the next entry
is “6/15 AS/258 5.000” (Exh A-4-j-2). According to Gov. Singson, these means that
he gave to FPres. Estrada Three Million Three Hundred Thousand (P3,300,000.00)
from jueteng protection money collection on June 30, 2000, and Five Million
Pesos (P5,000,000.00) from the same collection, on June 15, 2000. [Ibid, pp. 56-57]
The succeeding ledgers for July 2000 (Exh A-4-k) the
following entries appear: (1) “7/14 AS/258 2.650” (Exh. “A-4-k-1) and (2) “8/12
AS/258 3.600” (Exh.A-4-k-2). Gov.
Singson explained that the entries mean respectively that he gave the amount of
Two Million Six Hundred Fifty Thousand Pesos (P2,650,000.00) on July 14,2000
and Three Million Six Hundred Thousand Pesos (P3,600,000.00) to FPres. Estrada
as part of jueteng protection money collection. [Ibid, pp.57-58] To the question of why the amounts were less
than P5,000,000.00 on the said occasions, Gov. Singson replied that it so
happened that those were the only cash in his possession when the requests for
money were made and that they stopped jueteng collection because Atong Ang
started with “Pick 2” and later “Bingo 2 Balls” which according to FPres.
Estrada would have a semblance of legality. [Ibid, pp. 59-60]
The ledger for the month of August 2000 (Exh.A-4-L)
contains the entry “8/16 AS/258 3.050”
(Exh. A-4-L-1). Gov. Singson testified
that he gave FPres. Estrada on August 16, 2000 the amount of Three Million
Fifty Thousand Pesos (P3,050,000.00) as part of protection money collected from
jueteng. [Ibid, pp. 62-63] According to Gov.
Singson the President was very strict with money and so they had an auditor and
he checked the ledger monthly so that they could not make any kickback
(“Kupit”) from the jueteng collection. [Ibid, pp. 63-64]
Gov. Singson testified that the jueteng collector for
Bulacan on November and December 1998 was Jessie Viceo. In January 1999 the jueteng collector for
Bulacan was Jinggoy Estrada as shown by the ledger where he was identified as
“Jing” who got One Million Pesos (P1,000,000.00) (Exh. W7). Viseo and Jinggoy Estrada were friends so the
latter supervised the jueteng collection in Bulacan, although he was residing
in
Gov. Singson considered the biggest among the
expenses charged to the “Tax” the One Million Two Hundred Thousand Pesos
(P1,200,000.00) given to Laarni Enriquez whom Gov. Singson described as the
most beloved or favorite of FPres. Estrada [Ibid, p. 75]. According to Gov. Singson, he was assessed,
like other persons who attended the birthday party of Laarni, the aforesaid
P1,200,000.00 as his share in the price of the necklace birthday gift amounting
to Thirteen Million Pesos (P13,000,000.00) for Laarni. Jaime Dichaves collected the said amount from
Gov. Singson after the party. Gov.
Singson paid by check which was deposited in the account of Laarni at PSBank.
[Ibid, pp. 76-81] It was Congressman
Mark Jimenez who pinpointed the guests who would share (P1,200,000.00) each for
the gift for Laarni after they had just finished playing mahjong with FPres.
Estrada during the party. [Ibid, p. 84] Gov.
Singson charged the P1,200,000.00 as “tax” in the jueteng collection because it
was “a big amount of money”. [Ibid, pp.
87-88]
In the early part of the year 2000, FPres. Estrada
instructed Gov. Singson to transfer Two Hundred Million Pesos (P200,000,000.00)
of jueteng money to Serapio. The instruction was given by FPres. Estrada to Gov.
Singson in
Gov. Singson testified that Serapio was the trusted
lawyer of FPres. Estrada who formed fake corporations for FPres. Estrada which
Serapio would narrate to Gov. Singson when they often see each other in
Gov. Singson delivered jueteng money to FPresident
Estrada in a black bag, like an attaché case.
He delivered money at the houses of FPres. Estrada, particularly once at
Atty. Kenneth S. Tampal of the office of the Senate
Legal Counsel brought the black bag referred to by Gov. Singson which was
marked as Exhibit “MMM” at the Senate Impeachment Proceedings and the set of
ledgers for the period beginning August 1999 to August 2000 (Exhibits A-4 to
A-4-l). The bag was a leatherette
attaché case with two (2) combination locks numbered 000. [Ibid, pp.
103-105] According to Atty. Tampal, the
exhibits are in the custody of the Office of the Senate Legal Counsel. [Ibid,
p. 110]
Gov. Singson testified that the abovementioned black
bag (Exh. O8) was one of the black bags which they used to deliver
money to FPres. Estrada in
The bills placed in the bag were in One Thousand
Pesos (P1,000.00) denomination. Many times Singson himself delivered the
jueteng money to FPres. Estrada in
The total amount of money Gov. Singson collected from
jueteng operations for FPresident Estrada starting November 1998 to August 2000
was Five Hundred Forty Million Pesos (P540,000,000.00) more or less, according
to Gov. Singson.
Gov. Singson personally delivered about Two Hundred
Million Pesos (P200,000,000.00) to FPres. Estrada. [Ibid, p. 124-125]
In the ledger for March 1999 (Exh AAAAAAAA), the
entry “Bicol15 1.100” means in the
While jueteng protection money collection started in
September 1998, the ledger started only in November 1998 when Gov. Singson
alone was asked to continue the jueteng collection. [Ibid, pp. 128-129]
In the July 2000 ledger (Exh. A-4-k), the total
amount of jueteng collection and the total amount of expenses were the same so
the balance at the end of the month was zero because “Pick 2” replaced jueteng,
as Gov. Singson, Dante Tan and FPres. Estrada discussed in Malacañang and in
his new home at New Manila called “Boracay”. “Pick 2” was the brainchild of
Dante Tan and “Bingo 2 Ball” was the
brainchild of Atong Ang. [Ibid, pp. 129-132]
In “Boracay”, Bong Pineda told Dante Tan, Gov. Singson and FPres.
Estrada that “Pick 2” may be hard to be understood by the people because there
will be 75 numbers. [Ibid, p. 134]
In August 2000, “Pick 2” started and, in September
2000, before his departure for the
According to the son of Gov. Singson, Atong Ang told
him that he had the provincial commander transferred and the Chief of Police
replaced. His father could not do
anything to stop “Bingo 2 Balls” as it was decided by FPres. Estrada and his
political career was finish. Gov.
Singson talked with Atong Ang when he was in
Gov. Singson then asked his lawyers to prepare his
affidavit because he knew that his life would be in danger if he would part
ways with FPres. Estrada, who was very powerful and Gov. Singson had no
evidence. Gov. Singson then called
Ricaforte and asked her to fax to him the ledger. Ricaforte asked if they were going to
Malacañang. Gov. Singson knew that
Ricaforte did not know yet what was happening.
After she faxed the ledger from her house to Gov. Singson, the latter
asked his lawyer to continue with the preparation of his affidavit. Gov. Singson said he prepared the affidavit
so that if anything happened to him it would be known who was responsible. When asked if he was threatened, Gov. Singson
replied that he knew FPres. Estrada and the men around him so he knew that his
life was in danger. [Ibid, pp. 146-150]
The first set of ledgers was faxed to Singson, while
the second set (Exhs. A-4 to A-4-1) was in the possession of Ricaforte which
she produced during the impeachment proceedings. The prosecution would have the latter
subpoenaed fom the Senate. Everyone that
Gov. Singson consulted gave the same comment. Nobody will believe Gov. Singson
because FPres. Estrada was the most popular President elected. Gov. Singson talked with Jinggoy
Estrada. Gov. Singson told Jinggoy
Estrada that his family got One Hundred Thirty Million Pesos (P130,000,000.00)
from him and that Jinggoy Estrada got part of the said money. Gov. Singson also told Jinggoy Estrada that
jueteng money all went to his father and that Jinggoy Estrada also had a part
of it. Jinggoy Estrada told Gov. Singson,
they would fix it. [Ibid, pp. 147-155]
Nothing happened so Gov. Singson talked with JV
Ejercito, another son of FPres. Estrada.
JV Ejercito asked Gov. Singson not to come out and that he will talk
with his father. Again nothing happened
so Gov. Singson approached Secretary Ronnie Zamora and showed him the
ledger. The latter reacted that the
ledger was a serious matter, “Delikado ito”.
After Secretary Angara, Gov. Singson also approached
Congressman Mark Jimenez, who said after he met with FPres. Estrada, General
Lacson and Secretary Ronnie Zamora that “Bingo 2 Balls” will not stop in Ilocos
Sur but that Gov. Singson should lie low first.
Gov. Singson replied that he had decided already to come out and he
informed his mayors that he will expose the anomalies involving FPres.
Estrada. Gov. Singson talked with
Jimenez over the phone when he was then at Holiday Inn on October 3, 2000. There was a conference of the Mayors League
in the
PAOC men signaled Gov. Singson to get out of his
vehicle, a bullet-proof Ford Super Van but he refused. He went out of the van after the mayors
arrived one after another. The PAOC team
told Gov. Singson that they received information that he had a blinker that,
although he did not use it, mere possession was already a violation and that
they wanted to bring this to Crame and after he suggested that he be given a
ticket of the volation but he instead asked that they go to the police
precincts at the United Nations Avenue.
Only the two TMG Officers went to the police precinct with Gov. Singson
who rode in his own van. There were
media people at the police precinct.
When asked why he was being harassed although he was influencial to the
FPres. Estrada, Gov. Singson replied to the media that he will expose the anomalies
of FPres. Estrada. [Ibid, pp. 20-26]
The following day the incident was published in the
newspapers and shown on television. The
group of FPres. Esrada tried to settle with Singson. JV Ejercito was the first to call repeatedly
(every two minutes) to ask Gov. Singson to return the call of FPres. Estrada, Gov.
Singson called the latter who asked that they talk because he was confused with
the problems of the Abu Sayyaf and the First Lady. Gov. Singson replied he had already given his
word. They talked for the second time
and then third time, it was FPres. Estrada himself who called. The next person to call was Atong Ang who was
pleading to Gov. Singson to fix the matter.
Gov. Singson brought up the P130 Million from the excise tax which Gov.
Singson said was taken by Atong Ang and FPres. Estrada. Atong Ang promised that the said amount will
be returned to Gov. Singson and that the “Bingo 2 Balls” will be given to Gov.
Singson. Gov. Singson informed him that
it was too late. Atong Ang called Gov.
Singson about twenty (20) times [Ibid, pp. 27-37]
After Atong Ang, Former Secretary Alfredo Lim called
to convince Gov. Singson to settle and to see FPres. Estrada. Alfredo Lim asked Gov. Singson to proceed
with the press conference but he should put the blame on Atong Ang and that
they will take care of Atong Ang.
Alfredo Lim gestured with his right fist thumb down. Gov. Singson understood this to mean that
Atong Ang will be killed. Gov. Singson
did not agree because he might be implicated.
He asked them to look for a good reason. [Ibid, pp. 38-42)
The next to call Gov. Singson was Jinggoy
Estrada. The latter and Gov. Singson
talked on October 8, 2000. Jinggoy
Estrada also sent many emissaries to talk with Gov. Singson. That evening Gov. Singson went to Cardinal
Sin at his San Miguel Residence. Gov.
Singson explained to Cardinal Sin the situation and left to him the evidences
so that in case anything happens to Gov. Singson, he would know who will be
responsible. Gov. Singson saw the
Cardinal with his sisters. Cardinal Sin
told Gov. Singson to go ahead that he will pray for Gov. Singson and that God
will be with them. [Ibid, pp. 42-26]
Gov. Singson returned to his house at 10:00 o’clock
in the evening where Jinggoy Estrada called him and sent emissaries again to Gov.
Singson. At 12:00 midnight Jinggoy
Estrada and some friends of his arrived at Gov. Singson’s house in Blue Ridge,
Gov. Singson proceeded with his press conference on
October 9, 2000 at Club Filipino. He
gave the two reasons: first, FPres. Estrada insulted him and wanted him killed
so he was not a true friend anymore; and second, he already had the evidence
and they will kill him even if he did not pursue his planned press
conference. It was better for him to be
killed with honor and to show how corrupt the government was under the Estrada
Administration. According to Gov.
Singson, FPres. Estrada wanted to replace jueteng with “Bingo-2-Balls” because
he will earn more, about Fifty Million Pesos (P50,000,000.00) a day. Gov. Singson explained how much FPres.
Estrada would receive from “Bingo 2 Balls”. [Ibid, pp. 51-59]
Gov. Singson also mentioned that FPres. Estrada owned
the “
Gov. Singson testified as to the other properties of
FPres. Estrada like Fontainbleau, Inc., a casino. A check (Exh. V6) payable the
order of Fonteinbleau, Inc. was among the checks turned over to Ricaforte. Gov. Singson helped put up the said casino
for FPres. Estrada. However, his name
does not appear as an incorporator of the said company in its Articles of
Incorporation (Exh. 22). According to Gov.
Singson, the shares in the company were distributed as follows: five percent
(5%) to Butch Tenorio, the President of the casino; twenty-five percent (25%)
for Gov. Singson; seventy percent (70%) for FPres. Estrada which were placed in
the names of Jaime Dichaves and his classmate Susie Pineda. [Ibid, pp. 72-76]
To prove his close relationship with FPres. Estrada, Gov.
Singson mentioned that Jacob, a son of the FPres. Estrada by Laarni Enriquez,
was his baptismal godson while FPres. Estrada stood as sponsor (in the wedding
with his two children, Racquel and Randy). [Ibid, pp.76-78]
On cross examination, Gov. Singson was confronted
with his testimony during the Senate impeachment trial, contained in the
transcript of the stenographic notes of the proceedings held on December 13,
2000 at pages 234 and 235 (Exh. 28-Serapio and submarkings). In the said
testimony, Gov. Singson did not mention that Serapio was present when he turned
over to Ricaforte the jueteng protection money, partly in cash and partly in
check. [TSN dated July 29, 2002, pp.
147-150] Gov. Singson insisted that Serapio was present but he was being
confused by the Senators sympathetic to FPres. Estrada. It appears, however,
that Singson was not asked during impeachment proceedings who were present
during the aforementioned turn-over of jueteng protection money. [Ibid, pp.
150-151] Gov. Singson also testified that he did not know if Ricaforte withdrew
the amount in cash. Gov. Singson was only told by Ricaforte that she gave the
Two Hundred Million Pesos (P200,000,000.00) to Serapio. [Ibid, pp. 153-156 Gov. Singson also admitted that the P200,000,000.00
were transferred to the Muslim Youth Foundation, Inc. [Ibid, p. 156] and that
he likewise testified before the Senate Blue Ribbon Committee on October 17,
2000, as shown by the transcript of Stenographic Notes of the hearing of that
Committee (Exh. 29 and submarkings). Ibid, pp. 158-159]. Gov. Singson acknowledged that he had came
across the Certificate of Incorporation and By-Laws of the Erap Muslim Youth
Foundation, Inc. (Exh 1-Serapio and submarkings). The said foundation’s Certificate of
Incorporation was dated November 17, 2000, and that the Articles of
Incorporation was dated February 15, 2000. [Ibid, pp. 167-168] Gov. Singson saw for the first time during
his cross-examination the certification of the Branch Manager of Equitable-PCI
Bank that the Erap Muslim Youth Foundation, Inc. maintained an account in the
total amount of Two Hundred Three Million One Hundred Thirty-Six Thousand Nine
Hundred Thirty-One Pesos and Twenty Seven Centavos (P203,136,931.27) (Exh 17;
17-a-Serapio). [Ibid, p. 169]
EMMA BARBON LIM (Emma Lim) worked for Gov.
Singson since July 1987 as Liaison Officer at the latter’s private office in
As
early as January 1999, Emma Lim was already receiving deliveries of jueteng
money. Gov. Singson told her to take
care of the money that she was receiving because it was not the money of Gov.
Singson but of FPres. Estrada. She
started collecting jueteng money sometime in April 1999. She personally went to the person from whom
she collected the money. She knew that
it was jueteng money because Gov. Singson told her so and that it was also confirmed
by Ricaforte.
She
also knew that it was jueteng money because there was an instance that
Ricaforte scolded her for opening an envelope.
Ricaforte told her that it was strictly confidential and it was intended
for FPres. Estrada. Emma Lim also
personally delivered jueteng money to Malacañang.
According
to Emma Lim, Ricaforte was the accountant-auditor of FPres. Estrada. This was how she was introduced by Gov.
Singson to her and how she introduced herself when she reported at the LCS
Office. Ricaforte also held office in
the same address. Emma Lim’s other
co-employee was Menchu Itchon. [TSN dated July 1, 2002, pp. 12-17]
Witness
testified that she collected jueteng money from Undersecretary (USec) Anton
Prieto, Jinggoy Estrada and Bong Pineda.
USec
Anton Prieto was the Presidential Assistant for Bicol Affairs. He was the one in charge of jueteng
collection in the Bicol Area. Witness
met Prieto personally and he introduced himself to the witness as such. Every time he called the office, he always
said that he was an Undersecretary in Malacañang.
Sometime on April 1999, Emma Lim met Prieto at the
lobby of Dusit Hotel Nikko in
Three
days after the check was deposited, the New Accounts Department of the
Metrobank Ayala branch informed Emma Lim that the check was dishonored because
the signature was different. The check
was returned through Usec Prieto’s messenger.
Emma
Lim usually deposited the PNB Naga Branch checks from Prieto in the Account No.
0963011682260 of Gov. Singson. The
deposit slips (Exhibits I7 to Q7 and submarkings) listed
the deposits.
At
one time, Ricaforte scolded her for opening the envelope because it was
strictly confidential and that it was for FPres. Estrada. Ricaforte took the check from the Emma Lim.
[Ibid, pp. 17-56]
Ricaforte
first reported at the LCS building on April 16, 1999. She introduced herself as the
accountant-auditor of FPres. Estrada. Gov.
Singson also introduced her as such.
Emma
Lim collected jueteng money twice from Bong Pineda, who was in charge of the
jueteng collections in Pampanga because Gov. Singson told her so.
Sometime
on January 2000, upon instruction of Gov. Singson, Emma Lim and Gov. Singson’s
driver Faustino Prudencio went to the house of Bong Pineda at
The
second time Emma Lim collected money from Bong Pineda was sometime on February
2000. They were on their way home after
collecting money from Jinggoy Estrada.
Menchu Itchon called her and told her that Gov. Singson wanted her to
drop by the house of Mr. Bong Pineda to pick-up money. Emma Lim proceeded and Marty again ushered
her to the office room. Romy Pineda
arrived. He opened what appeared to be a
bookshelf and came out with a red Salvatore Ferragamo shopping bag (Exhibit R7)
containing P5,000,000.00. The money was
in P1,000 bills and in 5 bundles containing P1,000,000.00 each. Romy Pineda asked her to sign a paper that
she received the amount. She kept the
money in the vault assigned to her at the LCS office. She informed Gov. Singson that she received
the money from Bong Pineda, and Gov.
Singson told her that he will pass by for it. [Ibid, pp. 58-80]
She
collected jueteng money from Jinggoy Estrada three times. These were sometime in January, February 2000
and March 17, 2000.
For
the first collection, Gov. Singson called her up at the LCS office and told her
to call the office of Mayor Jinggoy Estrada to inquire if she can pick up what
was to be picked up. The staff of
Jinggoy Estrada who answered the phone told her to go there after lunch. Witness left the office at 1:00 o’clock with
the driver of Gov. Singson and proceeded to the office of Mayor Jinggoy Estrada
at the second floor of the Municipal Hall of San Juan, Metro Manila.
When
she arrived at the office, the staff at the receiving section gave her a sheet
of paper where she wrote her name and office.
The bodyguard of Jinggoy Estrada arrived and handed to her something
which was wrapped in a magazine and sealed with scotch tape. The bodyguard told her not to count the money
because there were many people around.
She then brought the package back to the LCS office and kept it in the
vault. She called Gov. Singson and told
him that she already picked up the money from Jinggoy Estrada. When Gov. Singson arrived, witness counted
the money in his presence and it was P1,000,000.00 which she turned over to Gov.
Singson.
Sometime
in February 2000, she again collected jueteng money from Jinggoy Estrada. Gov. Singson called her up and instructed her
to call up the office of Jinggoy Estrada.
She was able to talk to Jinggoy Estrada’s secretary Josie and was told
to go to their office after lunch.
Josie ushered her inside the office of Jinggoy
Estrada. Jinggoy Estrada was there. Witness
greeted him a good afternoon and he smiled.
Josie asked her to sit in front of her table which was about 4 to 5
meters away from Jinggoy Estrada. Josie
took up a paper bag from under her table and placed it on top of the
table. She asked the witness to count
the contents. The witness counted that
there were ten (10) bundles of P1,000.00 bills. Each bundle had 100 pieces and
the total amount was P1,000,000.00. She
then asked permission to leave. After
coming from the office of Jinggoy Estrada, they proceeded to the house of Bong
Pineda.
She collected jueteng money for the third time from
Jinggoy Estrada on March 17, 2000. She
again went to the office of Jinggoy Estrada after lunch after contacting
Josie. When she arrived there, she was
ushered inside the office of Jinggoy Estrada.
She can no longer remember the number of staff inside the office. It was
Josie who told her to sit down in front of the table of Jinggoy Estrada. Jinggoy Estrada took out a check from his
wallet and gave it to her saying, “Sabihin
mo kay Gob tseke na lang.” Emma Lim
then kept the check inside her bag. The
amount was P1,000,000.00 with United Overseas Bank
According to the witness, the check was personalized
because it bore the picture of Jinggoy Estrada at the background. Emma Lim had seen this kind of check of Gov.
Singson. [Ibid, pp. 82-111] Emma Lim
maintained her testimony notwithstanding that she was shown a certification
dated December 11, 2000 issued by Isabelita M. Papa, Executive Vice President
of United Overseas Bank of the
She
knew that the money she kept in the vault assigned to her were jueteng
collections because Governor Singson and Ricaforte told her so. [TSN dated July
1, 2002, p. 81]
On July 3, 2002, Emma B. Lim continued her direct
examination and testified that she personally met FPres. Estrada when she
delivered jueteng money to Malacanang. As instructed by Gov. Singson, she was
fetched by Singson’s driver, personal aide and security guard at Singson’s
office at LCS. She boarded the Ford
Expedition when they passed by the LCS office.Singson called to ask Emma Lim to
double check the money inside the car if it was Five Million Pesos (P5,000,000.00).
Gov. Singson’s driver Faustino
Prudencio, personal aide Jemis Singson and security guard Frederico Artates
were inside the car too when she bundle count the money. They proceeded to the
residence of FPres. Estrada at
On cross-examination, Emma Lim testified that she
worked for Gov. Singson since 1987. She started living at LCS Office since 1989
until she got married in 1996. She did not pay rent just like the other
employees of Singson. She was not related to Singson. Her brother Roy Barbon
worked as driver for Singson between 1990 and 1992. She did not feel beholden to Gov. Singson
because she worked for her salary. She did not owe him a debt of gratitude but
it should be the other way around because she got embroiled in this trouble
because of jueteng collections. [Ibid, pp. 296-308]
Emma Lim attended a dinner at
MARIA
CARMENCITA ANCHETA ITCHON (Itchon), a Certified Public Accountant,
testified that she was hired by Gov. Singson to be an accountant of Fountain
Bleau Incorporated (later renamed Fontain Bleau Incorporated) on February 19,
1999. According to Itchon, the said corporation, which was set-up to build a
casino in Clark Air Base, Pampanga, was owned by former President Estrada.
Witness knew that this was owned by Estrada because Gov. Singson said so and it
was confirmed by Mrs. Ricaforte. [TSN, June 17, 2002, pp. 115-118]
She allegedly knew that Fontain Bleau Incorporated
got its funding from the jueteng collections
of FPres. Estrada because Gov. Singson would always tell her to wait for the jueteng collection of FPres. Estrada
every time she asked for funds. [Ibid, pp. 119-122]
As Accountant, she was the one who made the listings
of the pre-operation and expenses of Fontain Bleau and during that time she was
the Accountant, she already received jueteng
collections for FPres. Estrada.
Itchon further testified that she received jueteng collections, amounting to a
total of around Six Million Pesos (P6,000,000.00) in cash and check, about six
(6) times. She received these jueteng collections from the messengers
of Mr. Anton Prieto and former San Juan Mayor Jinggoy Estrada or Jingle
Bells. After receiving the collections,
she would inform Gov. Singson and then either Gov. Singson took the collection
from her or they turned it over to Mrs. Yolanda Ricaforte.
Itchon identified Fontain Bleu’s original Certificate
of Incorporation (Exh. P6) and the Articles of Incorporation and By
Laws attached (Exh. P6-1), which were in her possession. These
incorporation documents showed the date of Fontain Bleau’s registration with
the Securities and Exchange Commission (April 5, 1999), the names of its
incorporators, and its office address at the 2nd Floor,
Itchon averred that before she personally met Yolanda
Ricaforte at the office in LCS, Ricaforte used to call their office and
introduced herself as the Accountant – Auditor for FPres. Estrada. As early as March 19, 1999, Singson told
Itchon that she would be working with Yolanda Ricaforte, the Accountant of
FPres. Estrada. Ricaforte began to report for work in the same office as Itchon
on April 16, 1999. [Ibid, pp. 129-132, 138-141]
Singson and Ricaforte told Itchon that Ricaforte will
be her [Itchon’s] immediate supervisor.
Ricaforte checked Itchon’s entries in her journal. Ricaforte signed the
check that Itchon prepared for payment for the supplier of Fontain Bleau and
Ricaforte brought Itchon every time she went to the Pampanga office.
Itchon proceeded to narrate how in the course of
their work she and Ricaforte became close and had many conversations including
among others how FPres. Estrada came to appoint Ricaforte’s husband Orestes
Ricaforte as undersecretary of Tourism and how FPres. Estrada gifted Orestes
with the Black Lexus that Yolanda and Itchon usually used in traveling to the
Pampanga office. Itchon had photographs of gatherings she attended with
Ricaforte (Exh. A-6-vvvvv). [Ibid, pp. 143-152]
Itchon knew Ricaforte to be the Accountant–Auditor of
FPres. Estrada in Fontain Bleau Incorporated and for jueteng collections because Ricaforte reported directly to FPres.
Estrada. Itchon then narrated how on June 15, 1999, she and Mrs. Regina Lim
(one of the incorporators of Fontain Bleau) brought Ricaforte to Malacañang at
around 3:30 p.m. They brought her there because Ricaforte said she would report
to FPres. Estrada. Before going to
Malacañang, Ricaforte took their records of Fontain Bleau, got Itchon’s journal
and the list of expenses and then Itchon briefed her regarding their expenses. [Ibid,
pp. 155-162]
Itchon also testified that Ricaforte also reported to
FPres. Estrada by phone, sometimes using the landline in the office and
sometimes using her [Ricaforte’s] cell phone.
Itchon knew that the calls were made to FPres. Estrada because she was
around when Ricaforte was making calls, and Ricaforte would ask her to keep
quiet because she was calling the President. The calls were made inside the LCS
office.
Itchon explained that she knew that the cell phone
number of Ricaforte was 0918-9021847 because the number was originally issued
in Itchon’s name. The cell phone was supposed to be hers. When they were in Fontain Bleau, they bought
cell phones and the application form for the number was under Itchon’s name.
Itchon was the one who assigned it to herself.
But when the cell phones came, Itchon testified that Ricaforte took the
cell phone no. 0918-9021847 and the number 0918-9021849 originally assigned to
Ricaforte went to Itchon. Itchon also testified that Ricaforte called up
Estrada in her presence about five times.
Itchon prepared a summary of the calls (Exh. R6
with submarkings) made by Ricaforte. Itchon explained that these were the
summary of phone calls of Ricaforte to FPres. Estrada at the presidential
residence; to Mayor Jinggoy Estrada or Jingle Bells, to Mr. Edward Serapio, to
Governor Singson and to Mr. Romy Pineda, the brother of Bong Pineda. She took the information from the fifteen
(15) Statements of Account of Ricaforte for her cell number 0918-9021847. The phone billings of Ricaforte particularly
with reference to cell phone no. 0918-9021847 were with Itchon. [Ibid, pp.
163-175]
Itchon averred that she prepared or came up with a
summary of calls made by Mrs. Ricaforte upon the advice of her lawyer Atty.
Pablito Sanidad because when she and Mrs. Ricaforte testified in the Senate
Blue Ribbon Hearing Committee, Mrs. Ricaforte testified that she seldom or
never called up President Joseph Estrada, Mr. Jinggoy Estrada, Atty. Edward
Serapio, Governor Singson and Mr. Romy Pineda. Itchon also testified that when
she prepared the summary based on the entries on the particular phone billings,
she found out several phone calls to those persons mentioned. [TSN, June 19, 2002, pp. 8-12]
Fifteen (15) Statements of Account (Exhs. S6,
S6-1 up to S6-14) issued by Smart communications were
also identified by Itchon purporting to be statements of account of Cell phone
No. 0918-9021847. The Statements of
Account covered the billing period ending July 1999 and billing period ending
August 31, 2000. The billing statements of account were received by Itchon from
the company for her to pay. The cell
phone bills were being paid by Fontain Bleau, but when Fontain Bleau ceased to
exist, the phone bills were paid by Ricaforte with money from jueteng collections. [Ibid, pp. 15-18]
Itchon affirmed that she was present during Mrs.
Ricaforte’s phone call to the presidential residence in five instances. During
these times, Mrs. Ricaforte was at the LCS office and Itchon was either beside
her or in front of Mrs. Ricaforte’s office table. Itchon pointed out in the sketch (Exh. Q6)
she prepared where she was during the five times when the calls were made in
her presence.
The number or numbers Ricaforte called up were
736-8855 and 736-8858. Itchon testified
that she knew that the numbers pertain to the numbers in the Presidential
Residence because they had office records and she also tried calling the
number. When she dialed the numbers she
asked if it was the PMS. The answer was it was the Presidential Residence. When
asked why Itchon checked and called the numbers in the first place, she
answered that when she checked Mrs. Ricaforte’s cell phone bills, she found out
that the numbers were there so she tried calling to check whether it was the
Presidential Residence.
When asked what was the nature or gist of the
conversation from the end of Mrs. Ricaforte when she called up the Presidential
residence, Itchon answered that Mrs. Ricaforte said: “Malou, this is Yolly. Is
the President already calling for me? If he needed me, just call me on the cell
phone.” According to Itchon, Malou was the secretary of FPres. Estrada and
Itchon knew this because it was Mrs. Ricaforte who told her. [Ibid., pp. 18-23]
According to Itchon, there were also calls made to
former San Juan Mayor Jinggoy Estrada and, in her summary, Ricaforte called up
Mayor Jinggoy Estrada twenty-four (24) times.
On at least five occasions, Itchon testified that she was present when
Ricaforte called up Jinggoy Estrada while they [Itchon and Ricaforte] were both
in the LCS office. Itchon distinctly remembered two dates of Ricaforte’s phone
calls to Mayor Jinggoy Estrada – (a) August 16, 1999 when Ricaforte called up
Jinggoy in his residence because that was the first call of Ricaforte when she
started concentrating as the accountant-auditor of former President Estrada in
his “jueteng” collections; and (b)
November 15, 1999 because Ricaforte called up Mayor Jinggoy several times as
they were waiting for Mayor Jinggoy’s jueteng collection from which they would
get their salaries.
The cell phone number of Jinggoy Estrada was
0917-526-0217 and his landline number was 724-4736. Itchon knew that these numbers pertain to
Jinggoy Estrada because she got the numbers from Gov. Singson. She got the number because she wanted to
check the cell phone bills of Ricaforte because there were times that she
remembered that Ricaforte had been calling the number of Jinggoy Estrada which
Itchon was not aware of. [Ibid, pp. 23-28]
Based on Itchon’s as well as the phone billings,
Ricaforte called up Atty. Edward Serapio six (6) times at cell phone No.
0918-9012071. Itchon also got the number
of Atty. Serapio from Gov. Singson.
Based on the Smart Communications phone billings, Ricaforte called up
Atty. Serapio on March 23 and 24, 2000, and April 3, 12, 13, and 14, 2000. (Exh.
S6 with submarkings) [Ibid., pp. 29-35]
According to Itchon’s summary, Mrs. Ricaforte called
up Gov. Singson 209 times at cell phone nos. 0917-8387171 and
0918-9002443. Itchon was present several
times when Ricaforte called up Gov. Singson.
Itchon knew that these numbers pertained to Gov. Singson because she was
familiar with these cell phone numbers. [Ibid, pp. 37-38]
Itchon also testified to calls made by Ricaforte to a
certain Romy Pineda, the brother Bong Pineda, whom she knew was a jueteng lord.
Itchon testified that Ricaforte called up Romy Pineda in his landline number,
722-7366. Based on the Summary that
Itchon prepared, Ricaforte called up Romy Pineda twice. [Ibid, pp. 38-39]
Itchon further testified that Fontain Bleau, Inc. was
not able to operate because Fontain Bleau could not comply with PAGCOR’s
requirement for a 200-room hotel accommodation so it was not issued a license
to operate.
After the non-issuance of the license to operate,
Fontain Bleau entered into a Memorandum of Agreement with RN Development
Corporation on July 19, 1999 (Exhs. T6, T6-1 to T6-2).
The Memorandum of Agreement (“MOA”) stipulated that RN Development Corporation
will reimburse all the pre-operations expenses of Fontain Bleau and that
Fontain Bleau will have a 10% share from the casino that will be established by
RN Development Corporation. Itchon was present during the signing of the
MOA. She identified the signatures of
the witnesses to the MOA; namely, a certain Pax who was introduced to Itchon as
Atong Ang’s sister (Exh. T6-2-c) and Yolanda Ricaforte (Exh. T6-2-d).
Itchon testified that she came to know Atong Ang during the negotiation of the
MOA and that Atong Ang was present during the signing.
As
far as Itchon knew, the pre-operational expenses of Fontain Bleau was around
Sixty Five Million Pesos (P65,000,000.00).
This was reimbursed by RN Development Corporation to Fontain Bleau
pursuant to their Memorandum of Agreement.
Itchon brought with her a copy of RN's deposit slip and their first
payment in the amount of Thirty Million Pesos (P30,000,000.00) (Exh. U6)
and testified that the depositor’s signature therein was Emma Lim’s, one of the
secretaries in the LCS office. Itchon
also had a photocopies of the second check that RN paid to Fontain Bleau in the
amount of Thirty Four Million Six Hundred Forty Thousand Four Hundred and Forty
Two Pesos (P34,640,442.00) (Exh. V6) and of the acknowledgement
receipt (Exh. V6-1) signed by Ricaforte and Atty. Manuel Singson, as
Director and Corporate Secretary, respectively of Fontain Bleau. Itchon further
testified that Ricaforte got the originals of these documents but Itchon had
them photocopied for her record before Ricaforte took the originals.
Since
Fontain Bleau was unable to operate, all the employees of Fontain Bleau in the
Pampanga office were terminated. It was
only Itchon and Mrs. Ricaforte who were retained. [Ibid, pp. 39-58]
In
August 1999, Ricaforte already concentrated on being the accountant-auditor of
FPres. Estrada in his “jueteng” operation and then Itchon was told by Gov.
Singson to help Ricaforte. Nothing
happened to Fontain Bleau anymore. Itchon allegedly knew that in August 1999,
Ricaforte concentrated in the jueteng collection because Itchon was there when
Gov. Singson briefed Ricaforte regarding the collection of the jueteng
operation and she [Ricaforte] was given the code name “Madam Auring” by Gov.
Singson. [Ibid, pp. 58-60]
Itchon’s
testimony then detailed how she participated in the “jueteng” collections. She
was tasked to receive the “jueteng” collections that were brought to the
office. There were also times when Itchon or Emma Lim were called by Ricaforte
to help compute and count the money turned over to Ricaforte such as double
checking through a calculator. Collections that Itchon received were brought by
messengers of Mr. Anton Prieto and sometimes by the messengers of Gov. Singson
who picked up the jueteng collections from Mayor Jinggoy Estrada. Itchon knew Prieto’s messenger because when
the messenger came, the checks were inside the white envelope with markings
“Menchu/Emma” and then the messenger introduced himself as messenger of Anton
Prieto. Itchon was also present when Gov. Singson was giving instructions to
his messengers to get jueteng collections from Mayor Jinggoy Estrada. Gov.
Singson’s messengers were Mr. Jamis Singson and Edward Iverra. Each collection
was One Million Pesos (P1,000,000.00) per collection in cash. She remembers
these collections from Mayor Jinggoy Estrada on two (2) occasions because it
was from there that they (Ricaforte, Lim, Itchon and Iverra) took their
salary.
According
to Itchon, these jueteng collections came in around 15th and 30th
of the month. From the time that they
started concentrating on the jueteng collection for the former President on
August 1999, Itchon received these collections about six (6) times, covering the period August 1999 to August
2000. The total collections she received after August 1999 was around Seven
Million Pesos (P7,000,000.00). With
respect to the Seven Million Peso collections that she received, there were
times when Gov. Singson took the collection directly from her and there were
times when Gov. Singson instructed her to turn over the collection to
Ricaforte. As Accountant of Fontain
Bleau, she also received six (6) collections, for the period February 1999 to
July 1999. All in all Itchon averred she
received twelve (12) collections. [Ibid,
pp. 61-66]
Itchon also testified that Emma Lim was the secretary
of Governor Singson and also a co-employee at the LCS Office. Since Emma Lim was also helping in the
jueteng collections, she also received salary from Ricaforte. [Ibid, pp. 71-72]
On
cross examination, Itchon explained that the name of the former President
allegedly did not appear in the Articles of Incorporation of Fontain Bleau
because of his public position and because the source of its funds was illegal
[TSN, June 24, 2002, pp. 19-20]. Emma
Lim, Jamis Singson, Edward Iverra and sometimes Ricaforte collected jueteng
money from Jinggoy Estrada. Jamis Singson turned over to Itchon the jueteng
collection about once or twice in 2000 between January to August 2000. Itchon
testified that they helped Gov. Singson count Five Million pesos
(P5,000,000.00) from the jueteng collections sent through the messengers and
some from the collections of Gov. Singson himself and placed the said amount of
money in a black bag to be brought to FPres. Estrada but she admitted she did
not see the delivery to President Estrada. [Ibid, pp. 23-30, 101]
Itchon
and the others at the office would allegedly wait for the call of Ricaforte to
Jinggoy every pay day because their salaries would come from Jinggoy’s jueteng
collection. Itchon was only present
around five (5) times that Ricaforte called Jinggoy, although Ricaforte called
Jinggoy 24 times. (Ibid, pp. 39-46)
Itchon also mentioned during her cross-examination that Gov. Singson was
reimbursed for the jueteng money advanced to Fontain Bleau when the latter was
acquired by RN Development Corporation.
RN Development Corporation’s partial payment in the amount of Thirty
Million Pesos (P30,000,000.00) was deposited in the account of Fontain Bleau by
Ricaforte and Ricaforte thereafter returned to Singson the said amount through
a Metrobank check payable to Singson. (Exhs. X6, X6-1, X6-2) [Ibid, pp. 125-127; TSN, June 26, 2002, pp. 25-26]
According
to Itchon, the use by Ricaforte of the cell phone no. 0918-9021847 in the name
of Itchon was proven by the cell phone number declared by Ricaforte in the bank
where she deposited money (Ibid, p. 19).
She admitted that she and Emma Lim were appointed by President Arroyo as
Director of John Hay Poro Point Development Corporation on September 2001. (Exh.
26, 26-a to 26-c-1) [TSN, June 26, 2002, pp. 51-56]
On
redirect, Itchon referred to the acknowledgement receipt dated March 12, 1999 (Exh.
Y-6) for the advance rental of Thirty Million Pesos (P30,000,000) as well as
the landscape plan of said company (Exhs. E7, E7-1 to E7-6)
as proof that that original name of Fontain Bleau was spelled Fountain Bleau
Holding, Inc. [Ibid, p. 100]
Smart Communications billings
identified by Itchon were marked as Exhs. X6, X6-1 to X6-2
[Ibid, pp. 101-105]. Itchon also brought to court the journal (Exhs. A7-1
to A7-5) and computerized list (Exh. B7, B7-1
to B7-3) of the pre-operation expenses of Fountain Bleau amounting
to Sixty Five Million (P65,000,000.00) which were reimbursed by RN Development
Corporation. She also presented the
computerized list of said expenses with specifics (Exh. C7, C7-1
to C7-4) and some of the checks of Gov. Singson which were used to
pay the expenses of Fountain Bleau from March 3, 1999 to June 20, 1999 (Exh. D7,
D7-1 to D7-95) The funds of Fountain Bleau were taken by
Gov. Singson from jueteng collections. The check covering part of the
reimbursement to Fountain Bleau in the amount of Thirty Four Million Six
Hundred Forty Thousand Four Hundred and Forty Two Pesos (P34,640,442.00) was
marked as Exh. V6 (with submarkings). [Ibid, pp. 106-117]
VICENTE
RAGIL AMISTAD (Amistad) was a Philippine National Police (PNP)
officer stationed at Vigan City Police Station, assigned to former Gov. Singson
since 1989 until the time of his testimony. On three (3) occasions in 1999 and
2000, Amistad was instructed by Gov. Singson to go to the house of Bong Pineda
at Albany Street, Northeast Greenhills and received from Romy Pineda, Bong
Pineda’s brother, the followings sums of money: Seven Million Seven Hundred
Fifty Thousand Pesos (P7,750,000.00); Five Million Pesos (P5,000,000.00) and Three Million Two Hundred Fifty Pesos
(P3,250,000.00). Amistad would bundle count, place the money in a plastic bag
and bring it to Gov. Singson at LCS building, after signing a receipt prepared
by Romy Pineda. [TSN, September 16, 2002, pp. 15-56]
Amistad also testified that upons instruction of
Singson, he went to the office of then Mayor Jinggoy Estrada at the second
floor of the Municipal Hall of San Juan in 1999. After Mayor Jinggoy Estrada
called up someone, he [Jinggoy] asked Amistad to go down and get what Jinggoy
would give him in front of the Municipal Hall. At the ground floor, the
security guard of Mayor Jinggoy Estrada gave him a package wrapped in a
newspaper with scotch tape, which he brought to Gov. Singson at
JAMIS
BATULAN SINGSON (Jamis) was the personal aide of Gov. Singson,
who was not related to him. Jamis Singson knew FPres Estrada and Gov. Singson
to be close friends who played mahjong and drank together. Jamis Singson was
constantly with Gov. Singson when he delivered jueteng money to FPres Estrada.
[TSN, September 18, 2002, pp. 25-31] Jamis Singson saw Gov. Singson counting
the jueteng money before he placed them in a black bag which he would carry.
Jamis also testified that in March 1999, he, Artates
and driver Prudencio went to the house of Bong Pineda. Artates went inside the
house and when he went out, he was carrying a shopping bag full of money. Jamis
then transferred the money to a black bag which Gov. Singson used to deliver
money to FPres. Estrada. Jamis described the black bag’s measurements and how
it was opened from the top with a combination (lock) ( Exh. “08”).
The money totalled Five Million Pesos (P 5,000,000.00 ) in five (5) bundles of
One Million Pesos ( P1,000,000.00 ) each. They proceed to
Jamis also testified to one occasion in the middle of
1999 when he himself was instructed by Gov. Singson to collect money from the
house of Bong Pineda. That time Jamis received Seven Million Pesos
(P7,000,000.00) in a shopping bag from Romeo “Romy” Pineda. Romy made Jamis
sign a blue book and then Jamis brought the money to Gov. Singson in the
latter’s office. [Ibid, pp. 91-101]
Jamis also testified he collected jueteng money from
Mayor Jinggoy Estrada twice on Gov. Singson’s instructions. For the first
occasion, on or about October 1999 Jamis went to the office of then Mayor
Jinggoy Estrada at the second floor Municipal Hall of San Juan at around 4pm to
5 pm. Inside the said office, Jinggoy Estrada’s bodyguard Nestor showed a sando
plastic bag to Jinggoy Estrada and after that Jamis saw Jinggoy pointing to him
[Jamis]. Jamis brought the plastic bag, which Jamis subsequently saw contained
an indeterminable amount of money, to Singson at the latter’s office. [Ibid,
pp. 105-121]
The second time Jamis collected jueteng money from
Jinggoy Estrada was immediately after the first time, in the evening.Thus, Gov.
Singson instructed Jamis to proceeed to the house of Mayor Jinggoy Estrada in
Greenhills. At Mayor Jinggoy’s house, Jamis again received a plastic sando bag
from “Nestor”. Jamis brought the bag to Gov. Singson’s office and handed it to
Menchu (Ma. Carmencita) Itchon as Gov. Singson instructed. Jamis identified
Menchu in Court. He said she was the companion of Ricaforte in the office.
[Ibid., pp. 121-132]
ATTY. DAVID
JONATHAN
Atty.
Yap was at the back of Yolanda Ricaforte at the Senate Impeachment Trial when
she gave her testimony that the ledger she brought is an ordinary “listahan.” [TSN,
Senate Impeachment Trial, p. 144; see also TSN of these cases,September 25,
2002, pp. 78-79]
Ricaforte
opened one checking account, one savings account, seven special savings
accounts and a PCI Emerald Fund. The
initial amount of deposit in the savings account was Seventeen Million Two
hundred Five Thousand Pesos (P17,205,000.00) as shown by the deposit slip for
Savings Account No. 0517-042227 (Exh. A-6-aa).
The Seventeen Million Two Hundred Ten Thousand Pesos (P17,210,000.00)
was in check payable to cash. The Five
Thousand Pesos (P5,000.00) was deposited in the checking account No.
0107-001638-9 (Exh. A-6-bb) and the balance of Seventeen Million Two Hundred
Five Thousand Pesos (P17,205,000) was deposited in the savings account. [Ibid, pp. 80-85]
There were deposits made on the savings account of
Ricaforte after the initial deposit.
Bank
statements reflected withdrawals (Exhs. A-6-nn to A-6-zz) from the savings
account for the period September 30, 1999 to October 31, 2000. [Ibid, pp.
87-97]
With
respect to the Current Account No. 0107-00638-9, witness identified the
specimen signature card (Exh. A-6-a and A-6) to show that the initial deposit
slip was Five Thousand Pesos (P5,000.00) (Exh. A-6-bb). [Ibid, p. 98]
Ricaforte signed in the presence of
The initial deposit for the First Special Savings
Account No. 0157-90392-6 was Seventy Million Pesos (P70,000,000.00) as shown by
the Special Savings Passbook (Exh. A-6-S3) of Ricaforte dated
December 2, 1999. The account was closed
on April 13, 2000. It had a balance of
Seventy One Million Three Hundred Ninety Thousand Eight Hundred Seventy Five
and Eight Centavos (P71,390,875.08) which was transferred to Ricaforte’s
regular Savings Account. [Ibid, pp. 22-24, 43]
In
the Second Special Savings Account covered by Special Savings Passbook No.
392093 dated February 7, 2000 (Exh. A-6-X3) showed the initial
deposit of Ten Million Pesos (P10,000,000.00) was taken from the regular
savings account. A withdrawal of the
whole amount of Ten Million One Hundred Thirteen Thousand Eight Hundred Thirty
Six Pesos and Fifty Seven Centavos (P10,113,836.57) was made on April 13, 2000
reflected in the Credit Advice dated April 13, 2000 (Exh. A-6-ZZZ). [Ibid, pp.
49-60]
The
Third Special Savings Account was opened on March 29, 2000 for Two Million Five
Hundred Thousand Pesos (P2,500,000.00).
The money was taken from her regular Savings Account No.
0157-04427-0. The amount of Two Million
Five Hundred One Thousand Six Hundred Sixty Six Pesos and Sixty Six Centavos
(P2,501,666.66) was withdrawn from the special savings account as shown by the
certified true copy of the Credit Advice dated April 13, 2000 (Exh. A-6-C4).
[Ibid, pp. 84, 93-95]
The Fourth Special Savings Account No. 3157-00073-9
covered by the Special Savings Passbook No. 392178 (Exh A-6-E4) had
an initial deposit of Nine Million Seven Hundred Thousand Pesos (P9,700,000.00)
as found in the deposit receipt dated April 5, 2000 (Exh A-6-D4). On April 13, 2000, the Special Savings was
cancelled and preterminated. The amount of Nine Million Seven Hundred Three
Thousand (P9,703,000) was credited to Savings Account No. 0157-04227-0. [Ibid, pp. 115-124]
The Fifth Special Savings Account (Exh. A-6-G4)
which was opened on May 29, 2000 under the name of Yolanda T. Ricaforte had an
initial deposit of Two Million Five Hundred Thousand Pesos (P2,500,000.00). The initial deposit was withdrawn from her
regular Savings Account. The Special Savings was closed on September 4, 2000
and the amount of Two Million Five Hundred Fifty Nine Thousand Four Hundred
Eleven Pesos and Twenty Centavos (P2,559,411.20) was credited to her Regular
Savings Account 0157-04227-0. [Ibid, pp. 128-129, 135, 138]
The Sixth Special Savings Account (Exh. A-6-L4),
under the name of Yolanda T. Ricaforte, was opened on May 4, 2000 for One
Million Nine Hundred Thousand Pesos (P1,900,000.00). The account was closed on September 4, 2000
as per Debit Advice dated September 4, 2000 (Exh. A-6-P4) for the
matured Special Savings Account worth Two Million Twenty Two Thousand Four
Hundred Twenty Nine Pesos and Eighteen Centavos (P2,022,429.18). [Ibid, pp.
147–153]
The Seventh Special Savings Account No. 3157-00088-7
dated June 1, 2000 (Exh. A-6-Q4) was worth Two Million Pesos
(P2,000,000.00) in cash. The account was
closed on September 4, 2000 and the proceeds were credited to the Regular
Savings Account No. 0157-04227-0. The balance (Exh. A-6-T4) then was
Two Million Thirty Five Thousand Thirty Five Pesos and Ninety One Centavos
(P2,035,035.91). [Ibid, pp. 156, 166]
The PCI Emerald Fund was in the amount of Six Million
Six Hundred Sixteen Thousand Six Hundred Seventy Six Pesos and Nineteen
Centavos (P6,616,676.19) (Exh. A-6-U4 and Exh. A-6-V4). The fund was then rolled-over monthly as
evidenced by the Confirmation letter (Exh. A-6-Z4) dated December 6,
2000. It was again rolled-over several
times until it was redeemed on June 5, 2002. [Ibid, p. 168, 176 -193]
The first four Special Savings Accounts were all debited
on April 13, 2000 and Ricaforte purchased a Cashier’s Check payable to Cash for
Ninety One Million Pesos (P91,000,000).
The Application for Cashier’s check (Exh. “A-6- R5”) was
signed by Ricaforte as purchaser. The Cashier’s check (Exh. A-6- S5
and Exh. A-6-U5) was cleared and accepted by Equitable PCI Bank,
Makati Pacific Star Branch, based on the dorsal portion of the check.
The last three Special Savings Accounts (Special
Savings Account Nos. 3157-00077-1, 3157-00080-1, and 3157-00088-7) were closed
on September 4, 2000 and all the proceeds were credited to the regular savings
account, and then invested in the PCI Emerald Fund for Six Million Six Hundred
Thousand Pesos (P6,600,000.00). [Ibid, pp. 168, 206-207]
The current account balance is at Five Thousand Pesos
(P5,000.00) (Exh. A-6-W5) and that of the Savings Account is One
Hundred Ninety Seven Thousand Seven Hundred Thirty Six and Sixty Nine Centavos
(P197,736.69) (Exh. A-6-X5).
The last withdrawal from the savings account was made on October 5, 2000
for automatic transfer to the current account in the amount of Seventy Nine
Thousand Six Hundred Sixty Four and Eighty Centavos (P79,664.80). The last deposit was on October 4, 2000,
through a credit memorandum of Thirty Seven Thousand Twenty Nine Pesos and
Seventeen Centavos (P37,029.17) which represented the interest of the PCI
Emerald Fund. After October 5, 2000
there were no more counter transactions, only the entry of interest earned and
withholding tax. [Ibid, pp. 23-27]
ROSARIO
SALUDO BAUTISTA (Bautista) is the
Senior Branch Manager of the Equitable, PCI Bank, Diliman, Matalino
Branch. Bautista personally attended to
Yolanda Ricaforte who was a walk-in client of the branch on November 19,
1999. Ricaforte opened a savings account
and used her
The duly accomplished specimen signature card (Exh.
A-7-z) was presented to show the existence of the savings account. It was
personally accomplished by Mrs. Ricaforte in the presence of Bautista. The
initial deposit of Mrs. Ricaforte was Five Hundred Thousand Pesos (P500,000.00)
in cash. [TSN, May 29, 2000, pp. 93-96]
Ricaforte returned to the branch on November 22,
1999. She opened a combo account and
closed the savings account she opened on November 19, 1999. The combo account was Savings Account Number
0288-02037-0 and Current Account Number 0238-00853-0. As a new account, Bautista
required Mrs. Ricaforte to accomplish signature cards (Exh. A-7 and
A-7-a). When the combo account was
already opened, Ricaforte presented for deposit two (2) checks totaling Seventy
Million Pesos (P70,000,000.00). Each
check (Exh. A-7-B and A-7-C) was payable to cash for Thirty Five Million Pesos
(P35,000,000.00). The drawer was William
T. Gatchalian and the drawee bank was PCI Bank, main office in
Ricaforte told Bautista that the money came from the
proceeds of the sale of a prime property sold to Mr. Gatchalian. As
precautionary measure, the branch of Bautista checked with the drawee bank PCI
Makati and they learned that Gatchalian’s account was a good account.
There were additional deposits made to the
account. One deposit made on November
23, 1999 was a check (Exh. A-7-h) issued by Governor Luis Gov. Singson dated
November 22, 1999 for One Million Pesos (P1,000,000.00) payable to cash. The drawee bank was Metro Bank, Ayala. The second check deposit made was on
December 16, 1999 payable to cash with PNB, Naga Branch as drawee bank. The check (Exh. A-7-i) was dated December 9,
1999. The check was deposited and
subsequently cleared.
On December 2, 1999, Ricaforte deposited Three
Million Fifty Thousand Pesos (P3,050,000.00) in cash (Exh. A-7-d). The cash was in big bills, P1,000 and P500
denominations. Ricaforte explained to
Bautista that the amount came from other accounts in other banks because she
planned to transfer all her other accounts to Equitable, Diliman, Matalino Branch. Another cash deposit (Exh. A-7-f and Exh.
A-7-aa) was made on January 28, 2000 for One Million Pesos. [Ibid, pp. 100-130]
Ricaforte also opened a special saving account number
3288-00079-3 in the amount of Seventy Million Pesos (P70,000,000.00). The
initial deposit was taken from Ricaforte’s savings account (Exh. A-7-j). The
account was opened with passbook number 394979 (Exh. A-7-bb) and the specimen
signature card (Exh. A-7-cc). The
account has already been closed. [Ibid, pp. 132-135]
On February 24, 2000, Mrs. Ricaforte again
transferred Seven Million Pesos (P7,000,000) from her ordinary savings account
to a special savings account deposit (Exh. A-7-w) with Account Number
3288-00087-4. Ricaforte also
accomplished a specimen signature card (Exh. A-7-dd) for the Special Savings
Account.
On April 13, 2000 Mrs. Ricaforte applied for a Sevety
Seven Million Peso (P77,000,000) cashier’s check against her special savings
deposit account. She accomplished an
application form (Exh. A-7-l) for the transaction. Ricaforte had to accomplish a deed of
undertaking (Exh. A-7-n) because the cashier’s check was payable to cash. The cashier’s check (Exh. A-7-ee) was
deposited on April 25, 2000 at the Pacific Star Branch of Equitable PCI Bank in
Mrs. Ricaforte always dealt with Bautista as the Bank
Manager for her transactions. Bautista identified Ricaforte as the one wearing
red (Exh. A-6-vvvvv-1) when shown a group picture. Bautista also identified the
girl beside Mrs. Ricaforte as Mrs. Itchon, one of the witnesses in the
impeachment proceedings. Aside from the personal visits of Mrs. Ricaforte,
Bautista also called her on cell phone no. 0918-9021847 or home landline 9518854
whenever there was a maturity or an updating of interest. [Ibid, pp. 162-168]
At the time of Bautista’s testimony, the balance in
the account of Ricaforte was around Two Million Two Hundred Thousand Pesos
(P2,200,000.00). It is still earning
interest.
SHAKIRA
CASTRILLO YU (Yu) was the Manager of Equitable PCI Bank,
Pedro Gil-Robinson’s Branch since it opened on August 1999. Yu knew Yolanda T. Ricaforte as she was one
of their depositors. Ricaforte told Yu
that she was connected with Fil-East Travel and
Ricaforte opened the Regular Savings Account on
January 6, 2000. It was Ms. Evelyn
Ponce, the Cash Operations Officer who attended to her as Yu was not around. Yu
brought with her the specimen signature card (Exh. A-8-P) for Savings Account
No. 027602029-3 and the New Accounts Record (Exh. A-8-Q) which were filled out
by Ricaforte. [TSN, June 3, 2002, pp. 85-92]
The initial deposit (Exh. A-8-Q-3) of the Regular
Savings Account was Six Million Pesos (P6,000,000.00) in cash (Exh.
A-8-R). When witness asked Ricaforte
where the initial deposit came from, Ricaforte said it was proceeds of a sale
of a property. [Ibid, pp. 97-100]
Other deposits made to the Regular Savings Account
were the following: a check deposit amounting to Two Million Nine Hundred
Sixty-Five Thousand (P2,965,000) with Governor Luis Chavit Singson as drawer; a
cash deposit of One Million Five Hundred
Forty Thousand Pesos (P1,540,000) deposited on January 25, 2000 and a One
Million Three Hundred Forty Thousand Pesos (P1,340,000) check deposit (Exh.
A-8-D) with Governor Singson as drawer (Exh. A-8-D-1). [Ibid, pp. 101-112]
On January 31, 2000, Ricaforte told Yu that she
wanted to earn higher interest so witness advised her to participate in the
Reverse Repurchase. Ricaforte asked Yu to debit her Regular Savings Account for
about Eight Million Nine Hundred Thousand Pesos (P8,900,000.00) (Exh.
“A-8-P”). On February 29, 2000 Ricaforte
informed Yu that she did not want the Reverse Repurchase and she wanted a bank
product that earned a higher interest with passbook as documentation. The
Certificate of Participation without Recourse (Exh. A-8-F) was then paid on
February 29, 2000 in the amount of Eight Million Nine Hundred Forty Thousand
Seven Hundred Fifty-Two Pesos and Eighty Two Centavos (P8,940,752.82).
Yu then advised Ricaforte to open a Special Savings
Account. They took out her participation
in the Reverse Repurchase for P8,900,000.00 plus interest and Ricaforte asked
them to debit more or less One Million Fifty-One Thousand Pesos (P1,051,000.00)
from her Regular Savings Account because she wanted her Special Savings Account
to be in the amount of Ten Million Pesos (P10,000,000.00). The specimen signature card of the Special
Savings Account and the Credit Memo (Exh. A-8-G) under the account name Yolanda
Ricaforte for the Account No. 276-90238-5 dated 2/29/2000 were shown as
evidence of the existence of the account. The three signatures appearing in the
card belonged to Mrs. Yolanda Ricaforte signed in front of Yu.
Subsequently, Ricaforte withdrew her Ten Million
Pesos (P10,000,000.00) plus interest from the Special Savings Account and
transferred the amount to her Regular Savings Account. The Special Savings passbook of Mrs.
Ricaforte (Exh. A-8-H) contained the entry Out
of Return P10,019,555,55. [Ibid,
113-120]
On April 13, 2000, Ricaforte applied for a cashier’s
check in the amount of Eleven Million Pesos (P11,000,000) debited to her
Regular Savings Account. The application for Cashier’s check (Exh. A-8-I), the
receiving copy of the Cashier’s check, the Letter of Undertaking and Cashier’s
check (Exh. A-8-T) were all presented.
The Application for Cashier’s Check stated that the Cashier’s Check is
allowed to be payable to cash except that the bank will not be held responsible
for the loss thereof or a demand for a refund or replacement. It is no longer allowed starting around July
or August 2000.
Ricaforte instructed Yu to transfer Eight Hundred
Thousand Pesos (P800,000.00) from her Regular Savings Account on May 23, 2000
to her Special Savings Account to earn higher interest. A Special Savings Account Passbook (Exh.
A-8-L) was issued to Mrs. Ricaforte which credited the Eight Hundred Thousand
Pesos (P800,000.00) to the Special Savings Account. [Ibid, pp.120-127]
At present, the outstanding balance of the Special
Savings Account is more or less Six Hundred Thirty Four Thousand Pesos
(P634,000.00). The regular Savings
Account has an outstanding balance of more or less Sixty-Nine Thousand Eight
Hundred Pesos (P69,800.00).
After being shown a photograph, Yu identified Yolanda
Ricaforte as the person wearing maroon or red in the picture (Exh. A-6-Z5).
Yu was able to talk to Mrs. Ricaforte over the phone around six (6) times. She used the cell phone number indicated in
the records. [Ibid, pp. 128-132]
VERGEL
LEJARDE PABILLON (Pabillon) knew a
person by the name of Yolanda Ricaforte because Ricaforte opened regular
Savings Account No. 0193-61496-8 and Special Savings Account No. 02193-15050-3
with Equitable PCI Bank T.M. Kalaw Branch on February 8, 2000 while Pabillon
was still manager of the branch.
Ricaforte mentioned to Pabillon that she was
connected with a certain company under the name of Phil. East Travel and
Pabillon brought the Individual Account Record (Exh.
A-9-C) and the signature cards signed by Mrs. Ricaforte as evidence of the
Account. The initial deposit made were
in the form of a PNB Manager’s Check (Exh. A-9-A) in the amount of Ten Million
Seven Thousand Seven Hundred Seventy Seven Pesos and Seventy-Eight Centavos
(P10,007,777.78) and One Million Four Hundred Thousand Pesos (P1,400,000.00) in
cold cash. Eleven Million Pesos
(P11,000,000.00) of that amount was placed in the Special Savings Account and
Four Hundred Seven Thousand Seven Hundred Seventy Seven Pesos and Seventy Eight
Centavos (P407,777.78) was placed under the Regular Savings Account. [TSN, June
5, 2002, pp. 98-109]
On April 13, 2000, Mrs. Ricaforte went to the bank
and informed the witness that she needed Eleven Million Pesos (P11,000,000.00)
in the form of manager’s check, payable to cash, to be taken out from the
existing Special Savings Account No. 02193-6-15050-3. The manager’s check dated April 13, 2000
payable to cash was presented (Exh. A-9-B).
Ricaforte had to sign a Purchaser’s Undertaking bearing her name as
purchaser. (Exh. A-9-F) [Ibid, pp.
113-127]
Mrs. Ricaforte opened a third account, Special
Savings Accounts No. 02-193-15177-1, in the amount of Five Hundred Thousand
Pesos (P500,000.00). A debit memo (Exh.
A-9-G) showed the transfer of the P500,000 from the regular Savings Account
0193-64196-8 to the special savings account.
On August 31, 2000, Mrs. Ricaforte went to the bank
and requested for another Two Hundred Fifty Thousand Peso (P250,000.00)
manager’s check payable to her to be deducted from Special Savings Account No.
02193-15177-1. A bank document which
served as a registered copy of the issuance of the manager’s check was
presented. (Exh. A-9-H) [Ibid, pp. 128-129]
Pabillon identified Ricaforte from a group photograph
(Exh. A-6-B5) [Ibid, pp. 133-134]
The witness availed of the early retirement offered
by Equitable PCI. He testified in the
impeachment trial even if he was already supposed to go on early retirement
because he just wanted to tell the truth regarding what transpired to the
opening of the account of Mrs. Ricaforte. [TSN, June 10, 2002, pp. 54-56]
EDGARDO LIM ALCARAZ (Alcaraz) was the
branch manager of Equitable PCIBank, Scout Albano branch for almost three
years. He met Yolanda Ricaforte because
she was one of their clients. She opened
three accounts with the bank on March 2, 2000 and he was the one who personally
attended to her. These were savings account and current account under the
automatic transfer facility and a special savings account.
Alcaraz
testified on documents to show that Yolanda Ricaforte opened these three
accounts, such as the individual account record which showed information about
Ricaforte, her special instructions and the summary of the accounts that she
opened. The other documents pertained to
the specimen signature cards signed by Ricaforte for Checking Account No.
5732-01-975-7, Savings Account No. 5733-15154-3 and Special Savings Account No.
5733-00721-0. Ricaforte submitted her
local driver’s license and her
The
initial deposit in cash for the savings account opened by Ricaforte was One
Million Nine Hundred Ninety Five Thousand (P1,995,000.00). The initial deposit
for Checking Account 5732-01-975-7 was Five Thousand Pesos (P5,000.00). The initial deposit for Special Savings
Account No. 5733-0721-0 was Two Million Pesos (P2,000,000). Copies of the deposit slips (Exhs. A-10-G,
A-10-H, A-10-I) [Ibid. pp. 97-99]
On
April 12, 2000, Ricaforte pre-terminated the special savings account. This is shown by its passbook (Exh.
A-10-J). A credit memo (Exh. A-10-L)
showed that Ricaforte requested that the proceeds of the special savings
account be credited under the Savings Account No. 5733-15154-3.
On
the same day, Mrs. Ricaforte applied for a manager’s check in the amount of
Three Million Pesos (P3,000,000.00) payable to bearer. The application form for manager’s check (Exh.
A-10-C), the proof sheet copy of the manager’s check (Exh. A-10-K) and the copy
of the check were presented (Exh. A-10-M). [Ibid, pp.102-108]
As of the time of Alcaraz’ testimony, the regular
savings account still existed with an outstanding balance of One Hundred Three
Thousand Pesos (P103,000.00). The
checking account was still active with an outstanding balance of Five Thousand
Pesos (P5,000.00). With respect to the
checking account, Ricaforte issued a check in the amount of P500,000.00 on
March 12, 2000. Since the accounts are
automatic transfer accounts, the funds from the savings account were
automatically transferred to the checking account. [Ibid, pp. 100-101]
EMMA
She first met Ricaforte on March 15, 2000 when she
opened a special savings account with the branch. She walked into the bank, approached the
witness and told her that she wanted to open an account and that she was a valued
client of other branches of Equitable Savings Bank. The specimen signature card (Exh. A-11) and
deposit slip (Exh. A-11-A) were shown to prove the opening of the special
savings account. The initial deposit was
Five Hundred Thousand Pesos (P500,000.00) cash, in ten bundles of five hundred
(500) peso bills. Ricaforte said she was
a businesswoman but did not specify the kind of business she was engaged
in. With respect to the initial deposit
of Ricaforte, the account is still outstanding.
The original copy of the Equitable Special Savings Passbook No. 123727 (Exh.
A-11-I) shows the outstanding balance to be Five Hundred Ninety Three Thousand
Four Hundred Ninety Six Pesos and Thirty Two Centavos (P593,496.32) as of June
10, 2002. The difference in the amount
was the interest earned from the time it was opened. There was no movement of the fund except for
the interest. [TSN, June 10, 2002, pp. 162-169, June 17, 2002, p. 10]
Ricaforte
also opened Special Savings Account No. 077090498-6 (Exh. A-11-H and Exh.
A-11-D) amounting to Seven Million Pesos (P7,000,000.00). The initial deposit
was an MBTC (Metropolitan Bank and Trust Co.) Ayala Branch Check No. 1070. It was payable in cash and the drawer was
Governor Luis “Chavit” Singson. It was
cleared after three days. The account
was pre-terminated on April 14, 2000. The withdrawal slip (Exh. A-11-E) showed
that the amount withdrawn was Seven Million Nineteen Thousand Seven Hundred
Thirty Six Pesos and Eleven Centavos (P7,019,736.11). Ricaforte received the payment in the form of
a Cashier’s check (Exh. A-11-F) payable to cash in the amount of Seven Million
Pesos (P7,000,000.00) and cash in the amount of Nineteen Thousand Seven Hundred
Thirty Six Pesos and Eleven Centavos (P19,736.11). The dorsal portion of the Cashier’s check
showed that it was deposited in Equitable Banking Corporation, Makati Pacific
Star. On the other hand, the amount of Nineteen Thousand Seven Hundred Thirty
Six Pesos and Eleven Centavos (P19,736.11) cash was used to open regular
Savings Account No. 0770009375 (Exh. A-11-I). The latest bank statement (Exh.
A-11-J) showed that the account still existed but the balance was no longer
Nineteen Thousand Seven Hundred Thirty Six Pesos and Eleven Centavos (P19,736.11). [TSN, June 10, 2002, pp.
172-189]
Witness
was able to verify the phone number given by Mrs. Ricaforte because when she
called the number, Mrs. Ricaforte answered the phone. [TSN, June 17, 2002, pp.
11-13]
ANTONIO MARTIN SAGRITALO FORTUNO (Fortuno) was the Bank Operations Officer of Equitable PCI
Bank, Pacific Star Branch since January 28, 2002. The witness averred that he
handled the opening of accounts; supervised the investment section; the foreign
telegraphic transfer as well as the domestic telegraphic transfer and the
safekeeping of the records of deposits; and other transactions which transpired
in their branch.
Fortuno
brought with him documents relating to the deposit of six (6)
cashier’s/manager’s checks in the total amount of Two Hundred Million Pesos
(P200,000,000.00) to the Pacific Star Branch and the transfer of these funds
from cashier’s checks to the account of the Erap Muslim Youth Foundation in the
100 Strata Branch of Equitable PCI Bank. [TSN dated September 27, 2002, p. 127]
He identified
an Acknowledgement Letter [Exh. I9, with sub markings; Exh. 16-a (Serapio)]
dated April 25, 2000 addressed to Atty. Edward Serapio from Beatriz L. Bagsit,
who was then Division Head of the Makati Area. The letter acknowledged receipt
of six (6) checks for deposit on a staggered basis and on various different
dates to the account of Erap Muslim Youth Foundation maintained at the Ortigas
Strata Branch. The checks were as
follows:
(1)
PCIBank Manager’s Check NO. 573-000035822 dated April 12,
2000 for P3 Million (Exh. A-10-m);
(2)
PCIBank Manager’s Check No. 019L-000061146 dated April 13,
2000 for P11 Million (Exh. A-9-b);
(3)
Equitable Bank Cashier’s Check No. 0226-00949 dated April
13, 2000 for P11 Million (Exh. A-8-t);
(4)
Equitable Bank Cashier’s Check No. 0238-000941 dated April
13, 2000 for P77 Million (Exh. A-7-ee);
(5)
Equitable Bank Cashier’s Check No.107-013064 dated April 13,
2000 for P91 Million; (Exh. A-6-r5)
(6)
Equitable Bank Cashier’s Check No.6720-00042 dated April 14,
2000 for P7 Million; (Exh. A-11-g)
Fortuno also
identified the passbook for Bearer Account No. 0279-04225-5 (Exh. J9,
with sub markings) which was opened on April 25, 2000. A bearer account is an
account wherein there is no name mentioned in the account. According to Fortuno, the six (6) manager’s
checks were the manager’s checks that were deposited on April 25, 2000 in the
bearer account for the total amount of Two Hundred Million (P200,000,000.00).
According the
witness, the instruction in the letter was to deposit the funds on a staggered
basis and they can do so if they first deposit all the checks simultaneously
for the three-day clearing.
On the basis
of debit memos, manager’s check applications, detailed report transaction and
deposit slips or receipts, the Two Hundred Million Pesos (P200,000,000.00) was
gradually withdrawn from the bearer account and transferred to the Erap Muslim
Youth Foundation from April 27, 2000 to May 11, 2000.
The six (6)
checks were deposited in Bearer Account No. 0279-04225-5 of which fourteen (14)
withdrawals in Manager’s Checks (Exh. K9 to X9, with sub
markings) were made in various amounts and these withdrawals were further
divided into twenty-eight (28) deposits into the Erap Muslim Youth
Foundation. Each withdrawal was divided
into two deposits, as shown by the Account Information Slips, Deposit Receipts
and Detailed Report for Transfers and Debit/Credit Memos (DRTM) (See Exhs. K9
to X9, with sub markings) brought by the witness. [Ibid, pp. 32-96]
The bearer
account was closed on November 14, 2000 as evidenced by the Fund Transfer Memo
(Exh. Z9), and contained the interest for Ninety Seven Thousand
Three Hundred Ninety Two Pesos (P97,392) which was transferred to the account
of the Foundation. [Ibid, pp. 97-98]
AIDA TUAZON
BASALISO (Basaliso) was the
operations officer of Equitable PCIBank, Ortigas-Strata 100 Branch since July
1997. She brought with her bank documents on the accounts of the Erap Muslim
Youth Foundation maintained at the Equitable PCIBank, Strata-Ortigas Branch
including the inter-branch deposits from the Equitable PCIBank, Pacific Star
Branch for the total amount of P200 million to the Account No. 0192-85835-6 in
the name of Erap Muslim Youth Foundation.
The
signature card for Savings Account No. 0192-85702-3 (Exh. A10) of
the Treasurer-in trust has the signature of Mr. George Go, the former Chairman
of the Board of the bank. The list of
Contribution (Exh. B10) also had the signature of the treasurer, Mr.
George Go. The two documents were given
to Basaliso by Catherine Mercado, someone who usually transacted business at
the branch.
Witness
also identified the Signature Cards of the Savings and Checking Accounts of the
Erap Muslim Youth Foundation. On the
signature cards (Exh. C10) pertaining to the Savings Account No.
0192-85835-6, the signatures of Mr. Raul De Guzman, Mr. George Go, Mr. Edward
Serapio and Mr. Danilo Reyes, Ms. Mila Reforma appear. Two signature cards were
needed for the same account because the corporation consisted of five (5)
signatories.
The signature cards (Exh. D10 and Exh. D10-1)
for current Account No. 0142-62890-2 showed the signatures of the same five
persons.
She identified the Secretary’s Certificate (Exh. E10)
showing that the Corporate Secretary was Edward S. Serapio, the Certificate of
Incorporation with SEC Registration No. 2000002526 (Exh. F10) and the
Articles of Incorporation (Exh. G10) and the by-laws (Exh. H10).
Witness also testified on a debit memo (Exh. I10)
dated April 20,2000 in Savings Account
No. 019285702-3 amounting to One Hundred Thousand Two Hundred One Pesos and Ten
Centavos (P100,201.10) and credited (Exh. I10-2) to 014262890-2 the amount
of Ten Thousand Pesos (P10,000.00) for the opening of the checking account of
the Erap Muslim Youth Foundation and a Credit Advice (Exh. I10-1) to
Savings Account No. 019285835-6 amounting to Ninety Thousand Two Hundred One
Pesos and Ten Centavos (P90,201.10) to open the savings account of the Erap
Muslim Youth Foundation.
Basaliso also testified on “no book cash deposits”
made to the savings account of the Erap Muslim Youth Foundation. No book meant
that the deposit was made by the depositor without bringing his savings
passbook. DRTM (Detailed Report of Transfer Debit and Credit memos) (Exhs. J10
to R10) were presented to show the transactions. The following deposits were made: Ten
Thousand Pesos (P10,000.00) total deposit on April 27, 2000, Six Million Seven
Hundred Twenty Five Thousand Pesos (P6,725,000.00) and Eight Million Two
Hundred Seventy Five Thousand Pesos (P8,275,000.00) on April 28, 2000, Five
Million One Hundred Eight Thousand Pesos (P5,108,000.00) and Nine Million Eight
Hundred Ninety Two Thousand Pesos (P9,892,000.00) totaling Fifteen Million
Pesos (P15,000,000.00) on May 2, 2000, Three Million Ninety One Thousand Four
Hundred Fifty Pesos (P3,091,450.00) and Six Million Nine Hundred Eight Thousand
Five Hundred Fifty Pesos (P6,908,550.00) totaling Ten Million Pesos
(P10,000,000.00) on May 3, 2000, Six Million One Hundred Eighteen Thousand Two
Hundred Twenty Five Pesos (P6,118,225.00) and Eight Million Eight Hundred
Eighty One Thousand Seven Hundred Seventy Five Pesos (P8,881,775.00) totaling
Fifteen Million Pesos (P15,000,000.00) on May 4, 2000, Five Million Nine
Hundred Thirty Six Thousand Pesos (P5,936,000.00) and Nine Million Sixty Four
Thousand Pesos (P9,064,000.00) totaling Fifteen Million Pesos (P15,000,000.00)
on May 8, 2000, Seven Million Pesos (P7,000,000.00) and Eight Million Pesos
(P8,000,000.00) totaling Fifteen Million Pesos on May 9, 2000, Seven Million
Two Hundred Fifty Thousand Pesos (P7,250,000.00), Seven Million Three Hundred
Ninety Nine Thousand Eight Hundred Pesos (P7,399,800.00), Nine Million Three
Hundred Seventy Five Thousand Pesos (P9,375,000.00), Nine Million Four Hundred
Forty Nine Thousand Four Hundred Pesos (P9,449,400.00), Nine Million Six
Hundred Thousand Pesos (P9,600,000.00) and Eleven Million Nine Hundred Twenty
Five Thousand Eight Hundred Pesos (P11,925,800.00) totaling to Fifty Five
Million (P55,000,000.00) on May 10, 2000, Six Hundred Thirty Four Thousand
Pesos (P634,000.00), Two Million Five Hundred Thousand Pesos (P2,500,000.00),
Three Million Eight Hundred Thousand Pesos (P3,800,000.00), Five Million Two
Hundred Thousand Pesos (P5,200,000.00), Nine Million One Hundred Thirty Nine
Thousand Two Hundred Eighty Pesos (P9,139,280.00), Nine Million Five Hundred
Thousand Pesos (P9,500,000.00), Nine Million Eight Hundred Thirty Six Thousand
Five Hundred Pesos (P9,836,500.00) and Nine Million Eight Hundred Eighty Nine
Thousand Seven Hundred Twenty Pesos (P9,889,720.00) totaling about Fifty
Million Pesos (P50,000,000.00) on May 11, 2000.
There was also a credit memo made on November 14, 2000 amounting to
Ninety Seven Thousand Three Hundred Ninety Two Pesos and Fifty Centavos
(P97,392.50) (Exh. S10). Bank
statements pertaining to the periods April 1-28, 2000 up to December 2000,
except statements for July, August and October were presented.
At the time of Basaliso’s testimony, the current
account of the Erap Muslim Youth Foundation with a balance of Eight Thousand
Six Hundred Pesos (P8,600.00) (Exh. T10) was dormant. The Savings
Account No. 0192-85835-6 was inactive with a balance of Two Hundred Seven
Million One Thousand Eight Hundred Eighty Three Pesos and Fifty Three Centavos
(P207,001,883.53) (Exh. U10).
Witness also testified that any two persons out of the five signatories of the Foundation were authorized to transact regarding the accounts. Based on record, the amount of Two Hundred Million Pesos (P200,000,000.00) was deposited into the account without a single centavo being lost. The passbook [See Exh. U10,36(Serapio)] had a balance of Two Hundred Seven Million One Thousand Eight Hundred Eighty Three Pesos and Fifty Three Centavos (P207,001,888.53) because it already earned interest. There were no withdrawals from the Savings and Current Account from the time they were opened. [TSN dated October 2, 2002 and October 7, 2002]
ATTY.
CECILIO ALEJANDRO VILLANUEVA (Villanueva)
is the assistant Corporate Secretary of PAGCOR.
Witness brought with him the Minutes No. 36 of PAGCOR’s Regular Board
Meeting dated September 5, 2000, under Agenda Item No. 002646 of the Best World
Gaming and Entertainment Corporation Cancellation of Quick Pick bingo and
conduct of PAGCOR’s Two Balls Bingo Games (Exh. S15). Witness brought with him pp. 28-30 with
referred to Item Agenda No. 002646. Villanueva’s testimony was offered
corroborate the testimony of Gov. Singson that the consultancy firm of Atong
Ang will receive 6% of the gross income from Bingo Two Balls.
On cross examination, witness testified that he has
no personal knowledge whether the Bingo 2 Balls was actually implemented. [TSN
dated December 2, 2002 and TSN dated December 4, 2002]
MARIANITO MANIGBAS DIMAANDAL (Dimaandal) was the Assistant Director of the Malacañang Records Department since 1993. Dimaandal identified the appointment papers of Atty. Serapio as Presidential Assistant for Political affairs, Office of the Presidential Adviser for Political Affairs (Exh. V10) and Mr. Orestes Ricaforte as Undersecretary, Department of Tourism (Exh. W10) and the assumption into office by Ms. Yolanda Ricaforte to the PCGG representing the San Miguel Campo Creo Group (Exh. X10).
Witness
also brought a Certification (Exh. Y10) issued by the Office of the
President that the phone numbers 736-8856 and 736-8858 were in fact the
telephones assigned to and connected to the presidential residence during the
incumbency of FPres. Estrada.
On December 16, 2002, Dimaandal was recalled to the witness stand. He
further presented and identified the Appointment of Edward S. Serapio as Member Ad Interim of
the Judicial and Bar Council representing the Private Sector dated July 1, 2000
(Exh. I17) issued by FPres. Estrada; a Memorandum to All Heads of
Office and Units signed by Former Executive Secretary Ronaldo Zamora (Exh. J17);
and a Memorandum to All Heads of Office and Units from the Office of the
President dated April 29, 1999 (Exh. K17 with submarkings) with the
subject title “Special Instructions to the Presidential Assistant for Political
Affairs” and with the contents read as follows: “Be informed that I have given
special instructions to Atty. Edward S. Serapio, Presidential Assistant I for
Political Affairs, to undertake, in addition to his regular duties and
responsibilities, the following functions: 1) provide prompt objective and
independent advice on any legal question, matter, or issue which may be of
special concern to the President; 2) update the President on recent
developments in law or jurisprudence on such subjects, areas, or issues which
the President may so specify; 3) study and review documents, deeds, contracts,
memoranda or other papers which the President may opt to refer to him for study
and review; 4) coordinate with various units of the Office of the President,
Departments, and other agencies and instrumentalities of the government on any
legal matter which the President may refer to him; and 5) perform other duties
and responsibilities as may be directed by the President. Atty. Serapio will be directly reporting to
the President on any of the foregoing matters.
For your information and guidance.”
On March 31, 2003, witness Dimaandal was again
recalled to the witness stand. He presented and identified copies of
Proclamation No. 145 dated July 17, 1999 (Exh. X19), Proclamation
No. 194 dated October 11, 1999 (Exh. Y19), Proclamation No. 202
dated October 21, 1999 (Exh. Z19), Proclamation No. 205 dated
October 25, 1999 (Exh. A20), Proclamation No. 225 dated January 30,
2000 (Exh. B20), Proclamation No. 234 dated January 28, 2000 (Exh. C20),
Proclamation No. 273 dated April 23, 2000 (Exh. D20), Proclamation
No. 355 (Exh. E20), Administrative Order Nos. 28, 29, 32, 50, 59,
69, 73, 87, 89 (Exhs. F20 – N20), Memorandum Order Nos.
82, 88, 89 (Exhs. O20-Q20) and memorandum Circular No. 45
(R20) . These documents were
signed by FPres. Estrada and his signatures were marked accordingly. [TSN dated
October 7, 2002; December 16, 2002; and March 31, 2003]
Serrano was called by the prosecution to corroborate
the testimony of prosecution witness Gov. Singson that he issued a check
payable to cash from funds of jueteng protection money to accused FPres.
Estrada and that the said accused, in turn, delivered the check to Mr. Paul
Bograd who subsequently deposited the check to his account at the Security Bank
Corporation; and to identify and authenticate the documents he was subpoenaed
to bring.
Serrano identified a microfilm copy of Metro Bank Check No. 0000917 for the amount of Five Million Pesos (P5,000,000.00) that was deposited through Security Bank Corporation on February 2, 1999. The maker of this check was Gov. Singson and which check was deposited to Account No. 061-0-14636-7 whose account holder was Paul Gary Bograd as evidenced by a deposit slip of Security Bank Corporation (Exhs. N14; N14-1; N14-2; N14-3; O14; O14-1; O14-2; and O14-3).
Also presented was a statement of account showing that an amount of Five Million Pesos (P5,000,000) was credited on February 2, 1999 to the account of Paul Gary Bograd (Exhs. P14 and P14-1). Serrano also identified the specimen signature card of Paul Gary Bograd showing that the latter was a depositor in their bank and that he [Bograd] held the Account No. 061-0-14636-7 of Security Bank Corporation (Exhs, Q14; Q14-1; and Q14-2).
PATRICK DEE CHENG (Cheng), an employee of CITIBANK for 12 years, became the Branch Banking Head of CITIBANK on November 2001. [TSN dated October 7, 2002 and TSN dated October 9, 2002] As banking head, he had overall supervision and responsibility for all the branch banking operations of CITIBANK in all of its six (6) branches.
Cheng
presented and identified the following:
(1)
deposit slip (Exh. Z10, with sub markings) dated October 4, 1999 for
the account of Luisa P. Ejercito (“Mrs. Ejercito”) under Account No. 166820
covering the deposit of Metrobank Check No. 00138 (See Exh. M8 as
original and Exh. A11 as micro film copy) dated September 29, 1999
by Gov. Singson in the amount of Eight Million Pesos (P8,000,000) and another
check in the amount of Four Hundred Thousand Pesos (P400,000);
(2)
Account Opening Form (Exh. B11) for Account No. 166820 of Mrs.
Ejercito;
(3)
Hold-all-Mail Agreement (Exh. C11, with sub markings) dated March 9,
2000 of Mrs. Ejercito which designated Ms. Lucena Baby Ortaliza to be her
authorized representative;
(4)
deposit slip (Exh. D11, with sub markings) of William T. Gatchalian
dated August 20, 1999 with Account No. 8131201377 for Forty Six Million Three
Hundred Fifty Thousand Pesos (P46,350.000.00) which covered the deposit of
Metrobank Check No. 000132 dated August 21, 1999 of Gov. Singson in the amount
of P46,350,000.00;
(5)
certified copy of the microfilm of the Metrobank Ayala Center Branch Check NO.
000132 (See Exh. E11, with sub markings) dated August 21, 1999 drawn
by Gov. Singson, payable to William Gatchalian in the amount of P46,350,000;
(6)
Relationship Opening Form – Personal (Exh. F11, with sub markings)
of Mr. William T. Gatchalian; and
(7)
Signature Card (Exh. G11, with sub markings) of Mr. William T.
Gatchalian for a Peso Checking Account with Account No. 8131201377 opened on
March 13, 1996.
MELCHOR SUAREZ
He brought
with him a certification (Exh. H11) October 4, 2002 issued by Atty.
Melchor S. Latina, and subscribed before Atty. Gilbert Escolo that Globe
Cellular Phone No. 0917-5260217 was registered in the name of Jinggoy
Estrada. The certification was supported
with the Service Agreement for Cellular Mobile Phone Service (See Exh. H11-1,
with sub markings) executed by the applicant Jinggoy Estrada and the supporting
documents required in connection with the subscription of cell phone; specifically,
a photocopy of Jinggoy Estrada’s driver’s license (Exh. H11-2) and
statement of his Philippine National Bank Visa (Exh. H11-3) as proof
of billing. The cellular phone issued to
Jinggoy Estrada has already been cut-off since December 15, 2000 based on Globe
Telecom records (Exh. H11-4).
ATTY. OSWALDO
CHONG
In a letter dated December 22, 2000, the De Borja Santos Law Firm was requested by the Prosecution Panel of the House of Representatives to conduct an investigation regarding the Erap Muslim Youth Foundation, Inc. (Exhibit A-12-a)
Atty.
Santos testified that the commissioned law firm of which he was a member
started conducting research and investigation on the alleged foundation on
December 28, 2000. They gathered available documents pertaining to the Muslim
Youth Foundation, Inc. from the Records Division of the Securities and Exchange
Commission (SEC). On January 5, 2001,
witness
The
witness then presented and identified a copy of the Report (Exh. A12)
of the investigating team on the Erap Muslim Youth Foundation, Inc. He said that the original copy was submitted
to the Prosecution Panel of the House of Representatives and he attested as to
the truth of the contents of the report.
Atty. Santos mentioned that the said report stated that the law firm
occupying the supposed corporate office of the Erap Muslim Youth Foundation,
Inc. “used to be the law firm of the Acting Corporate Secretary Atty. Edward S.
Serapio”.
Atty. Santos also identified the SEC documents that the investigating team had gathered which were previously produced and identified by prosecution witness Atty. David Jonathan Villegas Yap. These SEC documents were as follows: a Certificate of Corporate Filing / Information dated December 28, 2000 pertaining to the Erap Muslim Youth Foundation, Inc.; a Certificate of Incorporation of the Erap Muslim Youth Foundation, Inc. dated February 17, 2000 with SEC Reg. No. A20002526; a Covering Sheet of the Erap Muslim Youth Foundation, Inc.; the Articles of Incorporation of the Erap Muslim Youth Foundation, Inc.; a Certificate of Filing of the Amended By-Laws of the Erap Muslim Youth Foundation, Inc. dated April 3, 2000; another Covering Sheet of the Erap Muslim Youth Foundation, Inc.; and the Amended By-Laws of the Erap Muslim Youth Foundation, Inc. (Exhs. T17, U17 V17, W17 with submarkings, X17, Y17 and Z17 with submarkings)
The witness testified on cross examination that the Erap Muslim Foundation, Inc. was duly organized and obtained a juridical personality in accordance to law. The Amended By-Laws of the subject corporation, which was approved by the SEC, allegedly provided that the members of the Board of Trustees were not entitled to receive allowances or honoraria in the performance of their duties. Atty. Santos was not, however, familiar to the Minutes of the Organizational Meeting of the Board of Trustees held on March 22, 2000 (Exh. 4-Serapio); the Community Tax Certificate (Exh. 5-Serapio) of the foundation; and the Mayor’s Permit (Exh. 6-Serapio) as well as the Business Permit (Exh. 9-Serapio) of the foundation. He qualified that he verified from the Office of the Bureau of Permit of Pasig City that the foundation had registered its Business License though he did not see the Mayor’s Permit of the foundation and mentioned the same in the report. Atty. Santos likewise admitted that he did not come across documents relating to the operations of the foundation but testified consistently on matters pertained the report. (Exhs. 7-Serapio, 8-Serapio, 10-Serapio to 15-Serapio, and 21-Serapio to 27-Serapio, inclusive of submarkings)
The signature card (Exh. B13) showed that
the account was opened on July 18, 1996.
The card contained Enriquez’s address as 95 8th Avenue,
Cubao, Quezon City and her description as Filipino, 5’5”, 34 years old, brown,
medium built and tiny mole on the right cheek.
Guerrero further testified that the biggest single
check deposit of Ms. Enriquez in the particular savings account was made on
August 4, 1998 for P40 Million. This was
shown through a bank statement of account (Exh. D13) brought by the
witness. The subject account was already
closed as shown by the December 27, 2000 bank statement. The address given in the statement had
changed to
DR. ROGELIO V. QUEVEDO (Dr. Quevedo) was, at the time of his testimony, the
Head of the Legal and Carrier Business of Smart Communications,
Incorporated. The prosecution offered
his testimony to corroborate the Itchon’s testimony regarding the Smart cellular
phone numbers used by Atty. Serapio and Ricaforte.
Dr. Quevedo
identified a Certification signed by him that Smart Cellular Phone Nos.
0918-9012071 and 0918-9021847 were registered in the names of Atty. Edward
Serapio and Fontain Bleu, Inc., respectively. (Exh. G12) [TSN dated
October 28, 2002, p. 74]
With
respect to Smart Cellular Phone No. 0918-9012071, witness identified the
application form accomplished by an Edward S. Serapio of the De Borja Medialdea
Bello Guevarra Serapio Law Office (Exh. H12), Certification
regarding mobile phone number, phone model, INEI and ICCID (Exh. I12),
Official Receipt No. 82116771 (Exh. J12), Sales Invoice No. A0161625
(Exh. K12), Account Summary dated March 6, 1999 (Exh. L12),
photocopy of Statement for Atty. Serapio’s Philippine National Bank Visa Card (Exh.
M12), photocopy of Atty. Serapio’s Citibank card (Exh. N12),
Customer Inquiry Menu (Exh. O12), Customer Address Inquiry (Exh. P12),
On Line Aging Information (Exh. Q12), Service Disconnection document
showing termination of the account upon request of the customer on December 20,
2000 (Exh. R12) and Certification Account Memo Inquiry (Exh. S12).
[Ibid., pp. 75-90]
With
respect to Smart Cellular Phone No. 0918-9021847, Dr. Quevedo presented and
identified the application form of Fontain Bleau, Inc. for two (2) cellular
phones for Yolanda Ricaforte and Maria Carmencita Itchon showing that the
number 0918-9021847 was issued to Itchon while the number 0918-9021849 was
issued to Ricaforte (Exh. T12), Customer Inquiry Menu (Exh. U12), Customer Address
Inquiry (Exh. V12), Account Maintenance Inquiry (Exh. W12),
On Line Aging Information (Exh. X12) and audio recording for the
voice mail of 0918-9021847 by a certain “Yolly” (portion of TSN marked as Exh.
Y12). [Ibid., pp. 91-115]
Dr. Quevedo further testified that the account for 0918-9021847 had already
been disconnected.
II. EVIDENCE FOR THE DEFENSE
The
following are the witnesses for the defense under paragraph (a):
FORMER
PRESIDENT JOSEPH EJERCITO ESTRADA (FPres.
Estrada) took the witness stand on
March 22, 2006, March 29, 2006, April 5, 2006, April 19, 2006, April 26, 2006,
May 24, 2006, May 31, 2006, June 7, 2006, June 14, 2006, June 21, 2006 and June
28, 2006. At the outset, FPres. Estrada denied that Gov. Singson was his close
friend because he had only one close friend, the late actor Fernando Poe, Jr.
Gov. Singson was just an ordinary friend and a political ally to him. He seldom
saw Gov. Singson when he was a Mayor of San Juan. Although he admitted that
they sometimes went out, as they had common friends.
FPres. Estrada stated that all allegations in
specification (a) of the Amended Information were lies, as he did not receive a
single centavo from any form of illegal gamling, even when he was still a mayor
and he never conspired with jueteng lords. As mayor of San Juan, his policy ws
to make
FPres. Estrada also cited national artist Nick
Joaquin’s book “Joseph Estrada and other Sketches” (Exh. 457), particularly the
article in the said book “Erap In a New Role” (Exh. 457-a), which narrated an
incident when he padlocked a gambling den when he was still mayor. (Exhs.457-a-1;
and 457-a-2) [TSN, April 5, 2006, pp.35-36]
FPres. Estrada asserted that his policy against
gambling had not changed, even when he was a senator, Vice President and
President. However, he realized when he was a mayor that jueteng which was a gambling
for the poor was illegal and its collectors were harassed while the casino for
the rich was legal. He delivered his first privilege speech at the senate on
November 25, 1987 (Exh. 458) where he advocated the legalization of jueteng in
order that the government through PAGCOR could earn Twelve Million Pesos (P 12,
000,000.00) everyday or Three Hundred Sixty Million Pesos (P 360, 000,000.00) a
month which could be used to provide essential services for the poor instead of
the enrichment of the police and illegal operators. Although when he was
Vice-President and appointed by President Fidel V. Ramos as Chairman of the
Presidential Anti-Crime Commission, jueteng was not part of his mandate but he
was to go against kidnapping, carnapping and illegal drugs. As President, he
appointed Justice Cecilia Munoz-Palma as Chairperson of the Philippine Charity
Sweepstakes Office (PCSO) and asked her to study how to legalize jueteng. She
retired only after less than two (2) months to take care of her sick husband. Later
it was assigned to her successor Rosario Lopez, who begged off as she was new
on the job. Chairperson Alice Reyes of PAGCOR took over and finished the study.
Chairperson
Reyes reported to former FPres. Estrada that the answer to jueteng was Bingo-2-Balls
and that if jueteng was to be legalized the government could earn no less than
Five Billon Pesos (P5,000,000,000.00). The study of jueteng showed that from
Regions I to V only the collectors, cabos and runners numbering one hundred
fifty thousand (150,000) benefit from jueteng whereas if jueteng is legalized,
the jueteng cobradors will became members of the SSS or GSIS, they would have
decent jobs, ceased to be harassed and victims of extortion. First Lady Loi
Ejercito woud have funds to provide dialysis machines for the poor. The
legalization of jueteng will minimize if not totally eradicate corruption among
police officials and local government officials (Ibid, pp.43-48) According to
Alice Reyes, the Presidential social funds could be augmented if jueteng was to
be legalized. However, FPres. Estrada told Reyes that instead the Mayors and
governors social fund should be created because these local officials are
besieged with requests for medicines, funerals, bills, bills for tuition fees etc.
[Ibid, pp.47-50]
FPres.
Estrada instructed Chairperson Reyes to implement right away the Bingo-2-Balls.
There was a dry-run in Bulacan and it was very successful. It earned Twenty
Four Million Pesos (P24, 000,000.00) in less than three (3) weeks in a few
towns in Bulacan. Unfortunately, the jueteng lords who were against it caused
trouble and it was stopped. There were allegations that FPres. Estrada was
receiving jueteng money. [Ibid, pp.53-54]
FPres.
Estrada denied that in August 1998 he had a meeting with Atong Ang at the
kitchen of his residence at
On
the delivery to him of jueteng money, FPres. Estrada denied Singson delivered
jueteng protection money to him at his house at
FPres.
Estrada denied any knowledge of the ledgers of jueteng money testified to by
Singson. He stated he had not seen said ledgers, he had nothing to do with them
and he could not understand them. He first saw the ledgers on television during
the impeachment trial. Acording to him, Singson only fabricated the ledgers;
like the documents pertaining to the excise tax. [Ibid., pp.24-35, 46, 49,
52-55]
FPres.
Estrada also called a lie the testimony of Singson that he instructed Singson
to pay Mr. Paul Bograd Five Million Pesos (P 5, 000,000.00) from the jueteng
money. He did not ask Singson to keep money from him, so he could not order
Singson to pay Paul Bograd and he did not owe the latter anything. [TSN, April
19, 2006, p.14] He explained that the check for P1,200,000.00 (Exh. N8)
which Singson allegedly gave as birthday gift for Laarni Enriquez was actually
intended for his son Jacob and his two siblings, specifically, P1,000,000.00 for
Jacob, the godson of Singson and P100, 000.00 each for Jacob’s two (2)
siblings, as Christmas gift. The check was dated December 22, 1999 whereas the
birthday of Laarni was September 22, 1999, Former President Estrada was
surprised at the big amount and he thought that Singson was trying to
ingratiate himself to him. [TSN, April 19, 2006, pp.15-16]
FPres.
Estrada also belied the claim of Singson that he advanced the Eight Million
Pesos (P8,000,000.00) interest from the Sixty-Two Million Pesos (P62, 000,000.00)
of jueteng money lent to Wlliam Gatchalian. He denied too that he ordered
Singson to lend the said amount of money to Gatchalian because he did not ask
Singson to keep any money for him. [Ibid., pp.23-25]
Regarding
Yolanda Ricaforte, former President Estrada admitted he knows Yolanda, who is
the wife of the Former Tourism Attache in
FPres.
Estrada however denied that Yolanda at any time was his employee. He seldom saw
Yolanda after the oath-taking of her husband. He did not approve her auditor
for jueteng as claimed by Singson. He had nothing to do with the money
deposited by Yolanda, as he did not have in his possession any bank documents.
[Ibid., pp.30-33]
Regarding
the testimony of the Erap Muslim Youth Foundation, Former President Estrada
testified that even before he became mayor and when he was a mayor, he was
giving scholarships to poor deserving students, since he believed that
education would give them the opportunity to rise above poverty. His number one
program as mayor was to put up the first municipal high school, which as cited
by national artist Nick Joaquin in his book (Exhs. 457 and 457-A-3), was the
project closest to his heart as it will offer free education to the needy
young. He said that 60% of elementary graduates could not afford to go to high
school and thereby they could become a potential trouble group. This is the
root cause of criminality and he would rather spend money on free high school
than spend it to enlarge the municipal jail. [Ibid., pp.33-35]
Former
President Estrada also established the Movie Workers welfare Foundation
(MOWELFUND) when he was still an actor (Exh. 460). The MOWELFUND sent to the
FPres.
Estrada testified that he devoted his salaries as public official to scholarship
for the poor because without them, there would be no Erap. The poor patronized
his movies and supported him in his political career. He solicited donations
for his scholarship programs but donors wanted to remain anonymous. He put up
the ERAP Muslim Youth Foundation because it was his campaign promise for the
people of
Aside
from Dr. de Guzman, the other incorporators of the Erap Muslim Youth Foundation
were Professor Danilo Reyes of the University of the Philippines (UP) who had a
Masteral and Doctorate Degree in Pulic Administration at UP, another UP
Professor, Mila Reforma, Mr. George Go, one of the owners PCI-Equitable Bank,
and Atty. Edward Serapio, a valedictorian of the Ateneo de Manila College of
Law and a bar topnotcher. The latter was introduced to him in 1999 by then
Secretary Lito Banayo of the Philippine Tourism Authority. He appointed Serapio
as Presidential Assistant on Political Affairs because he was impressed by his
bio-data. Serapio is not that close to him as he dealt with Serapio on an
official and professional level. He denied that Serapio established a
fictitious (“kalokohan”) corporation for him. He described Serapio as an
ex-seminarian, a scholar, a very respectable person, very conservative, very
professional, a family man and of unquestionable integrity [Ibid., pp.24-28].
Former President Estrada was automatically the Chairman Emeritus of the
foundations that he established. He was the number one fund-raiser but he is
not a signatory to the checks of the foundation. The seed money of the
foundation came from his salary. He sponsored an Erap Golf Tournament which
raised P27,000,000.00, some part of which went to MOWELFUND and most of it to
the Erap Muslim Youth Foundation. Funds were also raised from Valentines Ball
at Manila Hotel and from solicitations from his businessman friends and classmates.
[Ibid., p.29]
Regarding
the meeting allegedly attended by him, Singson, Ricaforte and Serapio where he
instructed Singson to give to the Erap Muslim Youth Foundation, through
Serapio, jueteng money in the amount of Two Hundred Million Pesos (P200,
000,000.00. former President Estrada claimed that no such meeting took place.
He only learned from Atty. Serapio that Singson gave P200,000,000.00 to the
foundation which he said came from an anonymous donor. He ordered Atty. Serapio
to return the money to Singson because his immediate reaction was that it was
jueteng money. The Former President Estrada emphatically stated: “I’m sure it’s
from jueteng.” [Ibid., p.34] He knew because Singson had been offering this to
him a long time ago. According to Serapio he did not know it was jueteng money
and that he received the money in good faith. When the former President told
Serapio to take all possible means to return the money, Serapio replied that he
would consult the Board of Trustees first. Former President Estrada did not
know what happened after that because rallies and the impeachment started.
(Ibid, pp.34-36). He learned later that the money was intact at the
Equiatble-PCI Bank and that it earned interest, per bank certification (Exh.
257-C) and passbook (Exh. 257, 257-A and 257-B). At the time of the testimony,
the money based on the aforesaid documents amounted to P 213, 000,000.00. (Exh.
257-B) [TSN, ibid, pp.41-45] Dr. Raul d Guzman informed him that the
scholarship was continuing but the foundation could not send scholars to the
In
support of his policy to go after illegal gambling, former President Estrada
cited the memorandum and verbal directives that he issued to the PNP to
implement this policy. In a memorandum dated August 3, 1998 (Exh. 132) of Acting
PNP Chief Roberto Lastimoso pertaining to the aforesaid directives, he reported
that he conducted 1,600 operations resulting in the arrest of 807 suspects,
confiscation of P320,039.70 in cash and jueteng paraphernalia, the filing of
253 cases in court with 13 cases still under investigation. The report gave the
statistics of illegal gambling for the semester 1998 and informed the former
President that he [Lastimoso] gave an ultimatum to all PRO Directors to pursue
the anti-illegal gambling campaign without end, until finally stopped and
eradicated. Another report of the PNP Acting chief stated in part:
“Dear President Estrada: This
pertains to our compliance with the presidential directive dated August 14,
1998, regarding the resurgence of illegal gambling operations in the country.
Please be informed that the directive was sent to all PNP Regional Directors to
identify, find, arrest and file charges appropriate in Court against
individuals who are using the name of President Estrada, or supposed connection
with his office to promote these illegal activities, and to come up with rigid
measures and tangible results and immediately stop all forms of illegal
gambling, particularly jueteng and masiao.” (Exh. 134) [TSN, April 26, 2006]
On
October 7, 2000, Former President Estrada issued a Memorandum to the Secretary
of Inetrior and Local Government, the Director General of PNP that pending
review of PAGCOR’s Bingo-Two-Ball which was in the meantime suspended, they
were directed to intensify anti-jueteng operations to prevent unscrupulous individuals
from taking advantage of the situation. (Exh. 468) He also issued another
memorandum to the incoming Director General Panfilo Lacson reiterating his
directive against illegal gambling and requiring periodic and timely reports on
all actions relative thereto. (Exh. 469) [TSN, ibid., pp.56-64]
On the testimony of Gov. Singson that he was used and
humiliated by the former President and ordered killed by the latter, the former
President testified that on the contrary, it was Singson who used his name
specifically in jueteng collections and Singson made it appear that he could
influence him, that Singson was close to him, and that Singson joined his state
visits even if he was not invited. Singson was accosted by the Traffic
Management Group (TMG) because he was illegally using sirens and blinkers, as
testified to by TMG’s General Paredes. [Ibid, pp.65-66]
According
to Former President Estrada, Singson leveled the serious accusations against
him because of his mounting problems. Singson had only two (2) sources of
income, the tobacco excise tax under R.A. No. 7171 and jueteng. Singson could
not liquidate his cash advance from the tobacco excise tax share of Ilocos
JOSE
“JINGGOY” ESTRADA was elected Vice
Mayor of San Juan in 1988 and Mayor of San Juan in 1992. [ TSN, November 17, 2004,
pp. 15-16.]
Mayor
Jinggoy stated that he first got to know Gov. Singson, whom he considered as an
acquaintance, during the presidential campaign of his father, FPres. Estrada,
in the 1998 elections. At that time,
Gov. Singson supported FPres. Estrada and hosted a lunch for FPres. Estrada’s
entourage when they campaigned in Ilocos
Mayor
Jinggoy denied the testimony of Gov. Singson that he was the collector for
jueteng protection money in the
Mayor
Jinggoy also denounced for being untrue the allegation that as collector of
jueteng protection money in Bulacan, he collected Three Million Pesos
(P3,000,000.00) monthly of which One Million Pesos (P1,000,000.00) was retained
by him and the other Two Million Pesos (P2,000,000.00) was sent to Gov.
Singson’s office or was picked up by Gov. Singson’s aides from witness’ office
in the municipal hall of San Juan or from witness’ residence. [Ibid., p. 22]
He
further added that he had never used a personalized check with his picture
printed on the check as testified to by Emma Lim who allegedly deposited such
check drawn against the United Overseas Bank of the
Witness
also denied the testimony of prosecution witnesses Vicente Amistad and Jamis
Singson who both claimed to have collected/received jueteng protection money
from the witness. With respect to the statements of Jamis Singson, Mayor
Jinggoy asserted they were untrue since he did not have a security aide named
Nestor. Further, the testimony of Jamie Singson that on other occasion, the
latter got protection money from witness’ residence at
As
regards the rest of the testimony of Gov. Singson, Mayor Jinggoy also stated
that following were totally untrue: that in his conversation with Gov. Singson,
witness confirmed that he received a part (or Fifteen Million Pesos) of the One
Hundred Thirty Million Pesos that came from the tobacco excise funds because
witness was never involved nor did he know anything about it; that before the
press conference held on October 9, 2000 at the Club Filipino, witness tried to
dissuade Singson from making the expose because at that time witness was in
Australia watching the Sydney Olympics. [Ibid., pp. 29-32] Witness, however,
admitted that three weeks before he left for Australia, Singson called him up
before meeting him at the Kamayan, EDSA where witness was having dinner with
his basketball team to ask if witness can convince his father or Atong Ang to
give Singson the franchise of Bingo 2 Ball and not to his (Singson) political
enemies, to which Mayor Jingoy replied that he will try to talk to Atong Ang. Witness also denied the allegation that he
called up Gov. Singson at midnight of October 8, 2000, on the eve of the press
conference where according to Gov. Singson, witness told Gov. Singson that
“baka naman isama mo pa ako dito, Governor”, because witness was then shooting
a movie with Judy Ann Santos. [Ibid., pp. 34-39, 102]
Bong Pineda was an acquaintance of Jinggoy Estrada.
He denied having known Orestes Rusty Ricaforte and Yolly Ricaforte, while he admitted
having known Bonito Singson whom he met once or twice. [Ibid., 65-68]
Jinggoy
Estrada testified that the
Mayor
Jinngoy knew Atong Ang personally, whose real name was Charlie and he first
come to know him even before the 1998 presidential elections. He testified that
he did not know Alma Alfaro, Eleuterio Tan, Victor Tan Uy, or a Jojo Uy, and a
yatch by the name of Escalera. [Ibid., 99-104]
ALICIA
PEREZ LLAMADO REYES (Reyes) was the Chairperson and Chief
Executive Officer of PAGCOR since January 2, 1987. She was appointed by Former President Corazon
C. Aquino, reappointed by Former President Fidel V. Ramos, and again
reappointed by Former President Joseph E. Estrada. [TSN, March 7, 2005]
The
witness testified that Atong Ang proposed to her the operation of Bingo Two
Balls sometime in the year of 2000. She
welcomed the idea since Atong Ang successfully handled the Jai-Alai operations
of PAGCOR. Witness Reyes then suggested
for a written proposal from Atong Ang.
In a Letter dated September 1, 2000 addressed to the Director of PAGCOR
Jose Rodriguez III (Exh. 286), Atong Ang proposed the feasibility of the Bingo
Two Balls. The proposal was duly
approved for negotiation by the Board of Directors of PAGCOR in a Memorandum
dated September 5, 2000 (Exh. 287 with submarkings). Witness Reyes added that the proposal had the
confirmation of FPres. Estrada who even told her to “study the proposal and if
it will displace Jueteng then he [was] all for it”. For the purpose of implementing the initial
operation of Bingo Two Balls, the officers of PAGCOR called a meeting in
Parañaque Casino and invited several personalities knowledgeable in number
gaming operations in the
Among
the conditions for the operation of Bingo Two Balls was the drawing of winning
numbers in public and that no payments will be made “under the table”. It was agreed that 23% of the total revenue
will be remitted to PAGCOR and 77% of the total revenue will inure to the
benefit of the operators. The Bingo Two
Balls nationwide operation was estimated to gain P50 to 65 Million of sales a
day. Atong Ang was supposed to be given
a management fee of 8% but was reduced to 7% and then to 5%. The management fee was finally recommended to
be reduced at 2% by the head of the Bingo Department of PAGCOR in a
Recommendation Letter dated November 30, 2000 (Exh. 290).
The
dry-run operation of Bingo Two Balls lasted for 20 days particularly in the
On
cross examination, witness Reyes clarified that there was no written agreement
for the dry-run operation of the Bingo Two Balls and that the conditions set
forth in the initial operation was not final.
She also stated that the P24 Million that was remitted to PAGCOR
represented the 23% share that was agreed upon and that part of this share was
remitted to the Social Fund of the Office of the President. The 77% share of the income was returned to
the operators.
On
re-direct examination, the witness testified that the Social Fund of the Office
of the President was created during the term of Former President Aquino. During her administration, this fund was
utilized mostly for building school houses which policy was also adopted during
the administration of Former Presidents Ramos and Estrada.
ATTY.
EMILIA SAMONTE
The witness testified that her department reviewed
and evaluated the Bingo Two Ball Project Proposal of Atong Ang to PAGCOR. The said project proposal was approved for an
initial operation and that the Officer-In Charge for the project was Jose
Rodriguez III while the Consultant of the project was the Prominent Marketing
Consultancy Group, Inc. of which Atong Ang was the General Manager. Atong Ang also served as the Marketing Agent
of PAGCOR for the project and, as such, he identified the operational areas and
the pre-qualified applicants. The Bingo
Two Ball Project was partially implemented from September 18, 2000 to October
7, 2000 in the provinces of Bataan, Bulacan, CAR, Cordillera Administrative
Region, Albay, Bicol, Cavite, Marinduque, Lucena, Batangas, Northern and
Southern Luzon, and in Visayas. PAGCOR
allegedly attained its financial goals and objectives in the organizational
stage of the project. Witness Padua
presented and identified PAGCOR’s Share Based on Reported Sales Quota (Exh.
288) prepared by the consultancy group of Atong Ang to corroborate the success
of the initial operation of the Bingo Two Balls Project.
Based on a Memorandum dated November 14, 2000 (Exh.
290) approved by the Board of Directors of PAGCOR, the 20-day operation of the
Bingo Two Ball Project aggregated a gross sale of P106,206,661.00 and that
P24,427,532.00 was collected by PAGCOR which represented its 23% share. The consultancy group of Atong Ang gained 2%
from the 23% share of PAGCOR. Though
there was no written agreement between PAGCOR and the consultancy group of
Atong Ang as regards the payment of the latter’s 2% share, the Board of
Directors of PAGCOR decided that the consultancy group of Atong Ang was
entitled to such share.
Witness
On cross examination, witness
On re-direct examination, witness
SENATOR
ALFREDO SIOJO LIM (Sen. Lim) was
appointed as the Secretary of the Department of Interior and Local Government
(DILG) on January 8, 2000. [TSN, March 14, 2005]
On October 7, 2000, Sen. Lim read in the newspaper
the alleged attempted ambush on the life of Gov. Singson and discussed the
issue with Congressman Luis “Baby” Asistio during their breakfast meeting at
the Manila Yacht Club. Thereafter, Sen.
Lim and Baby Asistio visited Gov. Singson at his residence in Blue Ridge,
Gov.
Singson allegedly said that Atong Ang and Ping Lacson were the persons
responsible for the attempted ambush on his life, and that both conspired to
have him killed because Gov. Singson was against the Bingo Two Balls gaming
proposal of Atong Ang and that there was an arrangement for the raising of
campaign funds for the presidential candidacy of Ping Lacson. Sen. Lim further related that Gov. Singson
also implicated FPres. Estrada on the alleged attempted ambush on his life on
the theory that Atong Ang and Ping Lacson will not have the courage to have him
killed without the approval of FPres. Estrada.
Gov. Singson also grumbled about the awarded franchises for the
operation of the Bingo Two Balls in Ilocos by Atong Ang to the political
opponents of Gov. Singson. Gov. Singson
also mentioned that FPres. Estrada did not help him sort out his problems with
the Commission on Audit (COA).
Sen.
Lim further testified that on the following day, October 8, 2000, he and
Congressman Baby Asistio went to the
The
witness also refuted the testimony of Gov. Singson that he conveyed the
impression to Gov. Singson that FPres. Estrada gave the signal to kill Atong
Ang. Witness Lim claimed that his thumbs
down gesture to Gov. Singson meant that FPres. Estrada would have Atong Ang
ordered investigated and not to have the latter killed.
On
cross examination, witness Lim testified that he had no personal knowledge as
to the purchase of shares from Bell Corporation by GSIS and SSS; as to the
matters regarding the Ilocos Sur Excise Taxes; and as to the Jueteng collection
ledger of Yolanda Ricaforte.
VIOLETA
SUAREZ DAMITAN (Damitan) was the
Executive Assistant of the Erap Muslim Youth Foundation employed by Raul P. De
Guzman on January 1, 2004 (Exh. 278). [TSN, March 16, 2005] She was responsible, among others, for the
safekeeping of the records of the said corporation such as the Articles of
Incorporation and By-Laws, and the records of applicants to the scholarship
program of the foundation.
Damitan testified that the Erap Muslim Youth
Foundation provided scholarship education programs to the less privileged
Muslim youth Filipinos. The applications
and recommendations filed were reviewed by the Screening Committee and approved
by the Board of Trustees of the foundation.
Damitan presented and identified the credentials and
pertinent records of Sittie Shahani Laminero who was one of the applicants
granted a scholarship program by the Erap Muslim Youth Foundation (Exhs. 295,
296, 297 and submarkings). She likewise
presented and identified several documents enumerating and showing other
grantees of the said scholarship program, namely, Salvador Ongay Domona,
Sohayle Hadji Abdul Rachman, Janice Halim Negrosa, Roque Santos Morales, and
Ahmad Robert (Exhs. 279, 280, 298, 299 and submarkings). The witness further presented and identified
a Minutes of the Meeting of the Board of Trustees of the Erap Muslim Youth
Foundation on July 21, 2000 to show the appointment of the other employees of
the foundation and the accounts of the scholarship program (Exh. 274 and
submarkings).
SALVADOR
ONGAY DOMONA [TSN, March 16, 2005], JANICE HALIM NEGROSA [TSN, March 30,
2005], ROQUE SANTOS MORALES [TSN,
March 30, 2005] and H. SOLAYHE A.A. MARANGIT [TSN, March
28, 2007], all similarly testified
that they were granted scholarships by the Erap Muslim Youth Foundation. Witness Domona applied and was admitted for
the scholarship program on the year 2003; witness Negrosa applied and was
admitted to the said program on the year 2004; witness Morales applied and was
admitted to the same program on the year 2004 and witness Marangit applied and
was admitted to the same program in 2004.
These witnesses also presented and identified their respective
credentials and pertinent documentary evidence. (see also Exhs. 301, 302, 303, 304, 305, 306, 307, 308, 309, 310,
and submarkings)
ATTY.
CARINA JAVIER DEMAISIP (Demaisip) was appointed Assistant Corporate
Secretary of the Erap Muslim Youth Foundation, Inc. on January 1, 2004 (Exh.
277). She assisted the release of funds
and prepared the minutes of the meetings of the Board of Trustees of the
foundation. [TSN dated March 30, 2005 and TSN dated April 4, 2005]
Demaisip testified that Raul P. De Guzman solicited
her services for the Erap Muslim Youth Foundation sometime on July of 2003
which was after the incarceration of Atty. Edward S. Serapio, the Corporate
Secretary. The foundation was located at
the 4th Floor of VAG Building in Greenhills,
MARIA
Florendo testified that she did not know and had
never met on any occasion Emma Lim. The
witness said that she was shocked when she read from the newspaper that Emma Lim
allegedly gave her a black bag containing P5,000,000.00 at the Presidential
Residence. She refuted the statements
that Emma Lim gave during the Impeachment Trial on December 11, 2000 that the
latter went straight to her and handed a black bag which contained
P5,000,000.00; that Emma Lim was not required at the guardhouse of the
Presidential Residence to have her black bag examined in the X-Ray Machine;
that there were no furniture or sala sets at the right side of the entrance of
the Presidential Residence; that witness Florendo received the black bag and
placed it near a table and that she talked to Gov. Singson and told him that
“they already arrived”; and that Emma Lim went out running towards her vehicle
after giving the black bag to witness Florendo (Exh. 320-C and submarkings).
NORMAN DELOS
ATTY. JOSEPH QUION ORSOS (Orsos), P/SUPT. ARTURO LACSINA PAGLINAWAN
(Paglinawan), P/SUPT. RODOLFO SANTOS
AZURIN, JR. (Azurin), POLICE CHIEF
INSPECTOR NOEL BIACA VALLO (Vallo), P/SUPT.
ELISEO DECENA DE LA PAZ (Dela Paz), JONIRO
FORMILLEZA FRADEJAS (Fradejas) and RENATO
MENDOZA PAREDES (Paredes), all testified to matters related to the October
3, 2000 traffic incident involving Gov. Singson and the Traffic Management
Group (“TMG”).
Orsos, a Police Officer and the Chief of the Legal
Services of the TMG, presented and identified a Roster of Troops dated October
3, 2000; a Disposition of Personnel as of August 28, 2000 dated October 31,
2000; a Memorandum dated October 4, 2000 regarding the apprehended motor
vehicle of Gov. Singson; and another Memorandum dated October 4, 2000 (Exh.
360) regarding the traffic violation of the driver of Gov. Singson. He admitted
he had no personal knowledge of the incident. [TSN, July 13, 2005, Exhs. 358-61
with submarkings] Paredes, Director of the TMG, identified a Memorandum dated
October 4, 2000 signed by him and previously marked as Exh. 360. [TSN dated
August 17, 2003] Paglinawan, Chief of the General Assignment Section of the
Western Police District, testified that there were no records in the WPD that
Gov. Singson filed a case in relation to the October 3, 2000 incident. [TSN,
July 18, 2005] Azurin, Chief of the Special Operations Division of the TMG,
testified that, on October 3, 2000, he was called by Vallo for assistance in
some misunderstanding with Gov. Singson. He also testified to what happened
after they proceeded to the WPD headquarters in
DR. GEMMA BAULA
DAVID (David) had been the
dentist of FPres. Estrada since the latter was still a Senator. David testified
that she provided dental treatments to FPres. Estrada at the latter’s residence
in
MARICHU
ANDUEZA VILLANUEVA (Villanueva) was
a Journalist of the Philippine Star Newspaper and a member of the Malacanang
Press Group. She authored the article
entitled “Palace Backs Ping on
ATTY.
RICARDO VILLANUEVA PUNO, JR., a
practicing lawyer, testified that he joined the government as Press
Secretary and Presidential Spokesperson on or about March 16, 2000 and stayed
in that position until January 20, 2001. In such position, he would only speak
of information that he was authorized to disseminate to the public or the media
at that particular time. His position
gave him the privilege of being present at discussions on policies, which included
Presidential meetings. [TSN, October 3, 2005]
To the best of his recollection, the policy of the FPres.
Estrada then was always to fight illegal gambling. That has been the declared policy even during
the tenure of the witness as Press Secretary and Presidential Spokesperson. He
had a general recollection of this policy, but he had no specific recollection
of the times it was actually mentioned.
He could not recall specifically a press conference
held on June 16, 2000, although he saw the June 17, 2000 issue of the
Philippine Star attached to the subpoena [Exh. 415], but there was a time when
he held a series of briefings for media at 2:00 p.m., and it was probably
during one of those briefings that the points in the article were raised. The article referred to a drive by the then
Director General of the Philippine National Police against jueteng. The
question asked of the witness at the time was probably, whether FPres. Estrada
in fact prescribed jueteng reduction.
It was very clear that it was in fact the policy at that time, based on
their previous conversations. The article, however, referred to the drive
allegedly initiated by then PNP Director Panfilo Lacson. Up to the time that
the witness left in January 2001, he could not remember any reversal of that
policy. He would not know, however, if jueteng
continued despite the campaign against it, because his office as Press
Secretary was not monitoring the situation.
ATTY.
HILARIO PAUL HAVOC RAGUNJAN, JR. was
a commissioned Notary Public who notarized the Letter dated May 28, 2005 of
Rodolfo Q. Pineda (Exh. 331) addressed to the Chairman of the Committee on
Games and Amusements of the House of the House of Representatives, Hon. Mario
Z. Almario. Witness Ragunjan, Jr.
testified that he personally knew the affiant of the letter but had no personal
knowledge as to the contents of the said letter. [TSN, June 6, 2005]
MARIBETH ANG ESCOBAR, Officer-in-Charge of the
United Overseas Bank (UOB) San Juan Branch, testified on a Certification dated
June 28, 2002 addressed to Atty, Irene Jurado issued by Ms. Elma Gutierrez, who
was no longer connected with UOB. Witness had been the OIC of UOB San Juan
since Ms. Gutierrez’ resignation. (TSN, November 22, 2004, p. 48)
The said
Certification stated: “This is to certify that based on our records from 1999
up to the present, we have no current account listed under the name of the
client Mayor Jose “Jinggoy” Estrada.” She verified the facts stated in the
Certification by personally checking the records on file in their system and
there was no reading of an account under the name of Senator Jose “Jinggoy”
Estrada, upon receipt of the subpoena. (Ibid., p. 54)
Escobar also
testified that she was not aware and has not seen any check with photo of the
client on the face of the check. She has
never processed a customized check but has seen one with the logo of a company
like Sunlife. Witness stated that the Certification was issued based on the
letter dated June 28, 2002 of Atty. Irene D. Jurado to the Manager of UOB San
Juan. (Ibid., pp. 54-58)
Witness testified that although the
certification stated only that Jose Jinggoy Estrada had no current account, her
verification of their their records showed that there was no Jose Jinggoy
Estrada on the list of active accounts of UOB San Juan, as well as in the
dormant accounts. Similarly, the
ROSEMARIE J. SAN GREGORIO, Community Affairs Officer II of the
Municipal Government of San Juan, testified that she didn’t know personally a
lady by the name of Emma Lim, but has seen her testify before the
JOSEFINA
QUIAZON RAMOS worked as one of the
secretaries in the Office of the Mayor,
Ramos
described as untrue the testimony of Emma Lim that Emma Lim talked to Ramos and
was asked to sit in front of Ramos’ table in the Office of the Mayor on
February and March 2000. Witness stated
that Emma Lim never went to the Office of the Mayor in
SUSAN
MACALLA AVILES was the Social
Secretary of Ms. Guia Gomez and a resident of
NOEL ISRAEL
BUENDIA was previously a security guard assigned at the residence of Guia
Gomez at No. 1 Ibuna corner P. Guevarra Streets, San Juan, from February 26,
1998 up to 2002, and as such, was stationed at the gate along Ibuna St. from
6:00 a.m. to 6:00 p.m. and the one assigned in the front and in-charge of
asking visitors. During his assignment
at Guia Gomez’s residence, Buendia testified that he did not see Gov. Singson
go there. [TSN, December 1, 2004]
CONGRESSMAN
LUIS A. ASISTIO (Cong. Asistio) testified
that he was at San Francisco, California on July 24, 2000 as part of the
official Philippine Delegation accompanying then President Joseph E. Estrada in
his state visit to the United States of America, and that it was there that he
saw Gov. Singson, at the lobby of the Fairmont Hotel where they stayed, telling
him of the latter’s problem that FPres. Estrada did not want to see him. Cong. Asistio, together with Gov. Singson,
went to the room of FPres. Estrada, and Gov. Singson asked FPres. Estrada to
call the Chairman of the COA for the relief of the Auditor assigned in his
province to which FPres. Estrada replied that he might get into trouble as the
Chairman of the COA is a constitutional appointee and suggested that Gov.
Singson instead talk to then Executive Sectary Ronaldo Zamora to resolve his
problem.
Witness also testified that after returning from the U.S. and prior to the expose or press conference made by Gov. Singson in October 2000, he received a call from the latter asking him if they could meet it Manila Peninsula, and, at the same time, Gov. Singson told him of his problem and his grievances (sama ng loob) against FPres. Estrada, including placing his political opponents in positions of power in his province, such as, the relief of the Provincial Commander and conferring on his brother, Bonito, who is his mortal enemy, a position regarding jueteng.
Cong. Asistio clarified that in the many meetings he had with Gov. Singson during the period late August to September 2000, they mainly talked about the state of the Ilocos Sur provincial leadership and occasionally Gov. Singson’s suspicions regarding Atong Ang’s designs to corner bingo two balls and ease him out. According to Cong. Asistio, Gov. Singson is worried that his continued provincial leadership will be affected by the developments. Cong. Asistio also testified they never talked about jueteng, or receipt of jueteng monies or the alleged receipt of money from R.A. 7171 since according to him, he knew of these issues only during the Impeachment Trial and he thinks that these are mere figments of Gov. Singson’s imagination.
Cong. Asistio also testified that he, together with Mayor Lim, went to the house of Gov. Singson to persuade the latter not to push through with the press conference.
Cong. Asistio also testified that in his visits to Malacañang during the time of FPres. Estrada, at least three times a week, he never saw Atong Ang there because Atong Ang was banned by the FPres. Estrada from entering Malacañang. [TSN, October 11, 2004 and October 13, 2004]
ATTY. ESTELITA
D. CORDERO (Cordero) testified that she was a close friend Mrs.
Cordero testified that in October 2001, members of the Save Ilocos Sur Alliance (SISA) visited her in her office and requested her to go over several audit reports (1999 to 2000, SAO Special Report 1999) of the province and to find out if there is any basis for filing any action against responsible public officials of the province. [Ibid., p. 38] After going through the documents, witness Cordero, together with members of SISA and other concerned citizens, decided to file criminal complaints against Gov. Singson and other responsible officers of the province who did some anomalous transactions to the detriment of the province. [Ibid., pp. 44-45]
Witness thought that the testimony of Emma Lim in the impeachment trial were all lies because from the statement of Gov. Singson, he did not have anything to do with jueteng and the delivery of the money. Thus, witness claimed that all of these were fabricated statements on the part of Emma Lim. [TSN, November 10, 2004, pp. 26-28]
Witness
Cordero also testified that Gov. Singson was the jueteng lord in their province
and neighboring provinces, and all matters relating to jueteng, such as,
employment, people, operations were under the control of Gov. Singson. [Ibid.,
pp. 29-30]
BRIG. GEN. RODOLFO DOCTOR DIAZ, a retired military officer, was assigned as the
Commanding Officer of the Presidential escorts, one of the major units of the
Presidential Security Group, in 1998 when FPres. Estrada assumed office. He testified that he was familiar with the
private residence of FPres. Estrada in
The witness did not see Atong Ang either at
DANILO DELA
ROSA REYES was a Member of the Board
of Trustees of the Erap Muslim Youth Foundation, Inc. and the Acting Treasurer
of the said foundation. He was also an
Associate Professor at the National College of Public Administration and
Governance in the University of the Philippines (UP) Diliman and the Vice
President for Educational Services for the “Erap Para sa Mahirap” Foundation
Reyes testified that the “Erap Para sa Mahirap”
Foundation was duly established in 1988 and had 14,000 recipients of
scholarships as of the year 2000. Among
the Incorporators of the said foundation was FPres. Estrada. The “Erap Para sa Mahirap” Foundation,
however, encountered financial constraints so the Erap Muslim Youth Foundation,
Inc. came into existence.
Reyes related that Raul P. De Guzman, a
brother-in-law of FPres. Estrada, invited him to join in establishing a
foundation for the poor and deserving Muslim students in line with the vision
of FPres. Estrada of developing a new generation of Muslim leaders. He then identified the documents related to
the registration of the Erap Muslim Youth Foundation, Inc. (Exhs. 251 to 255,
262 to 271, inclusive of submarkings) with the Securities and Exchange Commission
(SEC). The Erap Muslim Youth Foundation,
Inc. was duly organized in accordance with law and had conducted its business
upon incorporation for bona fide purposes as stated in its Articles of
Incorporation (Exh. 252) and Amended By-Laws (Exh. 255). The original Members of the Board of Trustees
were: Prof. Mila Reformina, Dr. Raul P. De Guzman, Atty. Edward S. Serapio, Dr.
Danilo Reyes, and Mr. George L. Go, who later resigned.
The word ERAP affixed to the name “Muslim Youth
Foundation” was allegedly an acronym for “Education, Research, and Assistance
Program”. The funding of the said
foundation was provided by the Erap Golf Cup, which donated the amount of Ten
Million Pesos (P10,000,000.00); the contributions of the Board of Trustees in
the amount of P20,000.00 each; and a Two Hundred Million Peso (P200,000,000.00)
donation from a donor which, according to Serapio, would like to remain
anonymous. The amount of Ten Million One Hundred Thousand Pesos
(P10,100,000.00) was deposited with the UCPB and eventually transferred to
Metrobank while the Two Hundred Million Pesos (P200,000,000.00) was deposited
with Equitable PCI Bank. The Ten Million
Pesos (P10,000,000.00) was the source of the foundation’s operating expenses
and for minimal scholarship program during the time material in this case.
According to Reyes, the Erap Muslim Youth Foundation,
Inc. had (four (4) scholars for MA in Islamic Studies in the University of the
Reyes also testified as to the appointment papers of
the employer of the foundation, such as the Executive Assistant, the Assistant
Corporate Secretary and the Utility Messenger.
The office address of the foundation was transferred from
EUGENE
MACAMASBAD, a Police Senior
Inspector with the Philippine National Police, brought with him the
documents required in the subpoena addressed to Gen. Arturo Lomibao of the PNP
or his authorized representative. He
produced a certified true copy of a Memorandum Circular 2000-003, certified by
Celia Redison (Exh. 365). As to the
memorandum dated July 19, 2000 which was subpoenaed, the same could not be
located as shown by a certification dated 29 July 2005 issued by the Deputy
Chief of the PACER. (Exh. 380) [TSN, August 1, 2005, pp. 60-69] The witness
came to Court and produced the above documents only upon verbal instruction
from his officers. He was not the
records custodian and he did not have any knowledge about records being
maintained by their office. [Ibid., pp. 70-72, id.]
SEN. EDGARDO ANGARA, a lawyer and a senator when he testified in Court,
knew Gov. Singson. They were compadres, being godfathers at the wedding
of Singson’s niece. In September 2000,
Gov. Singson made an unexpected visit at Senator Angara’s farm to request that
the witness talk to President Estrada about the 2-balls game. Gov. Singson told the witness that the
franchise for the said game in Ilocos Sur was given to his political opponent
and he was losing face with his supporters.
Gov. Singson wanted the franchise to go to him or if it cannot be
granted, that the game of 2-balls not be allowed altogether in Ilocos. The witness replied that he would go down to
Sen.
Angara remembered Gov. Singson saying that the franchise was given to Eric
Singson. Gov. Singson even mentioned a
list of of jueteng payoffs and that one of the beneficiaries was the
President. When Sen. Angara mentioned to
FPres. Estrada Gov. Singson’s request regarding 2-balls and statements
regarding jueteng, the President denied that he was a recipient of any payoff,
saying he had nothing to do with it [2-balls] but that it was Atong Ang’s
jurisdiction [Ibid., pp.16 and 24]
After Sen. Angara relayed the answer of the
President, Gov. Singson asked the witness to talk to Atong Ang and the witness
said he will try. When the witness was able to talk to Atong Ang and repeated
Gov. Singson’s request, Atong Ang replied he will study it or that he will have
to consult PAGCOR. The witness denied having told Gov. Singson “Grabe ‘to.
Huwag kang lumabas at akong bahala kay Presidente dahil baka pati kaming mga Cabinet
members maaapektuhan nito.” [Ibid., pp. 17-18, 24-25] Witness saw the
list of payoffs shown by Singson, but he did not read it. [Ibid., pp. 30, 43]
FINDINGS
OF FACT
Re: Sub-paragraph (a) of the Amended
Information
With
respect to the alleged acts of receiving or collection of sums of money from
illegal gambling, commonly known as “jueteng”, in the form of share or
percentage, the Court finds credible material portions of Gov. Chavit Singson’s
testimony insofar as they are corroborated by independent and competent
evidence.
The
Court concedes that Gov. Chavit Singson did not have the purest of motives in
exposing the jueteng collections which he testified were done for the benefit
of FPres. Estrada. Undoubtedly and by
his own admission, he resented not being given the franchise for the Bingo Two
Balls, the government sanctioned numbers game, in his home province of Ilocos
Sur. He feared the demise of his
political career as the said franchise was given to his political opponents,
Eric Singson and his brother Bonito Singson, to the embarrassment of the mayors
who were affiliated to him. Gov. Chavit
Singson was disappointed to say the least that Mayor Jinggoy Estrada, JV
Ejercito, the other son of FPres. Estrada, Secretary Edgardo Angara, Secretary
Alfredo Lim, friends like Luis Asistio and Mark Jimenez, whom Gov. Chavit
Singson approached to intercede to FPres. Estrada to help him secure the
franchise, were unsuccessful. Gov.
Chavit Singson was also displeased that FPres. Estrada would not use the Office
of the Presidency to help him with his trouble with the Commission on Audit
which was demanding his liquidation of the Two Hundred Million Pesos
(P200,000,000.00) share of Ilocos Sur in the excise taxes collected under RA
No. 7171. The Court will not cite the
alleged attempt on the life of Gov. Chavit Singson in the evening of October 3,
2000 considering the contradictory evidence on this matter consisting of the
testimony of the enforcement officers on the incident.
The
acts of collection of jueteng protection money for FPres. Estrada from various
provinces nationwide per month as well as the payments to him and to various
persons from such sums of money with his approval or acquiescence were
methodically detailed in two sets of ledgers: the first set covering the period
beginning November 1998 to July 1999 (Exh. W7 to E8), and
the second set for the period starting August 1999 to August 2000 (Exh. A-4 to
A-4-l). The first set of ledgers were
personally prepared by Gov. Chavit Singson, aided by Emma Lim and Carmencita
Itchon, while the second set of ledgers were prepared by Yolanda Ricaforte,
under the supervision of Gov. Chavit Singson and also with the help of Lim and
Itchon. Insofar as the collection of
jueteng money is concerned, Emma Lim and Carmencita Itchon, by their own
admission performed similar roles as Yolanda Ricaforte except that the latter
received double the amount of the monthly salary of Lim and Itchon by virtue of
her “supervisory” status.
The
accused would have this Court dismiss the ledgers as hearsay and/or mere
fabrications. However, there are
circumstances which lend credibility to the said ledgers. The first set of ledgers (Exh. W7
to E8) was faxed by Ricaforte to Singson just before Gov. Chavit
Singson made his expose while the second set of ledgers (Exh. A-4 to A-4-l) was
in the possession of Ricaforte, which she produced during the Senate
Impeachment proceedings, as testified to by Atty. David Jonathan Yap, the
Senate Legal Counsel.