Estrada Impeachment December 21, 2000 Transcripts

RESUMPTION OF IMPEACHMENT TRIAL
THURSDAY, DECEMBER 21, 2000

At 2:02 P.M., THE HONORABLE CHIEF JUSTICE HILARIO G. DAVIDE, JR., PRESIDING OFFICER, CALLED THE RESUMPTION OF THE IMPEACHMENT TRIAL TO ORDER.

THE SERGEANT AT ARMS [MR. LEONARDO LOPEZ]. Please all rise for the arrival of the Senator-Judges, the Honorable Chief Justice, Hilario G. Davide, Jr. and the Honorable Senate President, Aquilino Q. Pimentel, Jr.

THE PRESIDING OFFICER [CHIEF JUSTICE DAVIDE]. The impeachment trial of His Excellency, the President of the Republic of the Philippines, is called to order.

The honorable Senator-Judge Teofisto Guingona, Jr. will lead us in prayer.

PRAYER

SEN. GUINGONA.

Dear God in heaven, help us in this crucial hour of impeachment
Guide us, strengthen us, enlighten us
Crisis brings out the worse
It may also bring out the best
And serve as a new beginning for us all, for the nation, for the Filipino.

May we rebuild a new economy thereafter that responds to the people’s needs.
May we renew the values of honesty and humble toil
May we overcome this crisis with head bloody but ever unbowed
May the nation triumph in the end.

Amen.

THE PRESIDING OFFICER. Please be seated.

The Sergeant at Arms may now make the proclamation.

THE SERGEANT AT ARMS. All persons are commanded to keep silent, on pain of imprisonment, while the Senate is sitting for the trial on the Articles of Impeachment against Joseph Ejercito Estrada, President of the Philippines.

THE PRESIDING OFFICER. The Majority Leader.

THE JOURNAL

THE MAJORITY LEADER [SEN. TATAD]. Mr. Chief Justice, I move that we dispense with the reading of the Journal of this Impeachment Court of Monday, 18 December 2000, and consider the same as approved.

THE PRESIDING OFFICER. Is there any objection? [Silence] There being none, the motion is approved. The Journal of Monday, 18 December 2000, is now approved.

SEN. SOTTO. Mr. Chief Justice.

THE PRESIDING OFFICER. The honorable Senator-Judge Sotto.

SEN. SOTTO. I am sorry to be a little late. But we just received a copy and it took me a few seconds to look into the records if the clarification that you issued was reflected. I do not see it here, Mr. Chief Justice.

THE PRESIDING OFFICER. It is in the annex. Annex “A”.

SEN. SOTTO. Annex. Thank you, then. I have no objections.

THE PRESIDING OFFICER. Thank you, Your Honor.

The Secretary will now call the case before the Court.

THE SECRETARY. In the matter of the Impeachment of His Excellency Joseph Ejercito Estrada, President of the Philippines, Case No. 001-2000 for Bribery, Graft and Corruption, Betrayal of Public Trust and Culpable Violation of the Constitution.

THE PRESIDING OFFICER. The Majority Leader.

THE MAJORITY LEADER. Mr. Chief Justice, may I invite the parties to this Impeachment trial to now enter their appearances.

MR. DAZA. For the Defense, Your Honor, we are ready.

THE PRESIDING OFFICER. The parties are directed to make their appearances.

REP. APOSTOL. Same appearances for the Prosecution,

Mr. Chief Justice, Your Honors.

MR. DAZA. Same appearances for the Defense.

THE PRESIDING OFFICER. Thank you. Before we proceed to the trial proper for the continuation of the evidence for the Prosecution, the Chair would like to make of record the following documents: the first is the concurring opinion of the honorable Senator-Judge Renato Compañero Cayetano to the extended order issued by the Presiding Officer on 18 December 2000; the second is the concurring opinion of the honorable Senator-Judge Rodolfo Biazon to the same extended order; the third is the concurring opinion to the extended order submitted by the honorable Senate President Aquilino Q. Pimentel, Jr.

If there have been any other concurring opinion, the same will be included in the agenda for tomorrow. Unless, there is another one. The other one is the concurring opinion of the honorable Senator-Judge Franklin Drilon to the same extended order of 18 December 2000.

We shall now proceed to the trial proper.

The Majority Leader.

THE MAJORITY LEADER. Mr. Chief Justice, we are now ready to resume the presentation of witnesses. We invite counsel on both sides to identify their respective examining assistant counsel as the Prosecution calls its next witness.

THE PRESIDING OFFICER. The….

REP. APOSTOL. Mr. Chief Justice, Your Honors, our next witness is Mrs. Rosario Bautista, the branch manager of Matalino, Diliman branch of Equitable PCI Bank. The examining counsel is Prosecutor Oscar Moreno; assisting Counsel is private prosecutor

Joey Tenefrancia.

THE PRESIDING OFFICER. For the Defense?

MR. MENDOZA. Mr. Chief Justice, before I indicate our examining counsel, may I make one inquiry from the Prosecution which I believe is somewhat relevant.

THE PRESIDING OFFICER. You may now ask the Prosecution.

MR. MENDOZA. One of the witnesses the Prosecution presented on December 7, 2000 was Mrs. Yolanda Ricaforte. But her direct testimony was very brief. She was simply asked to produce what we call the ledgers, identify them, and then after that, the direct testimony was suspended. These ledgers which were produced by Mrs. Ricaforte have been marked as exhibits and were, in fact, subject of the testimony of Governor Singson.

I would like to inquire from the Prosecution what their intention is with respect to Mrs. Ricaforte.

On the part of the Defense, we would like to have her direct testimony concluded so that we may cross-examine, especially so since her testimony and the ledgers she produced were the subject of the testimony of Governor Singson.

THE PRESIDING OFFICER. Prosecutor Apostol.

REP. APOSTOL. We will decide, Mr. Chief Justice, Your Honors, after the cross-examination of Governor Singson whether to present her or withdraw her from the witness stand.

MR. MENDOZA. I do not think it would be appropriate for the Prosecution to withdraw her testimony because the documents she precisely produced have already been utilized by the Prosecution in the examination in chief of Governor Singson.

THE PRESIDING OFFICER. The Presiding Officer recalls very well that two or three trial days ago, that matter was brought up because there was a request that her testimony should be taken on deposition on oral examination. But the Defense insisted that since she has already appeared and produced the documents, she should testify in open court and not by way of deposition on oral examination. The ruling of the Chair was, she should be produced here for that purpose.

So, it is now a question of as to when would she be produced by the Prosecution.

REP. APOSTOL. Mr. Chief Justice, I think we also deserve when to decide when to present our witnesses. We cannot be at the mercy of the Defense.

THE PRESIDING OFFICER. That is what the Presiding Officer just said. It is up for you to determine when will you produce her because you have the request of the Defense now.

REP. APOSTOL. Yes, we will decide when.

THE PRESIDING OFFICER. When?

REP. APOSTOL. After the testimony and cross-examination of Governor Singson.

THE PRESIDING OFFICER. So you have the assurance now, Atty. Mendoza, that the Prosecution will produce her. But as to when, that is still to be determined by the Prosecution.

MR. MENDOZA. There is one other witness, Mr. Prieto, whose direct testimony was also suspended, Your Honor.

THE PRESIDING OFFICER. The suspension was because the Prosecution asked for subpoena duces tecum to be issued to the PNB-Naga City for the production of the documents or checks which evidently were allegedly involved, and the Prosecution felt that it cannot produce him before the documents would be brought to Court.

We would like to inquire from the Prosecution if it had already applied for a subpoena duces tecum to the branch manager of PNB-Naga for the purpose.

REP. APOSTOL. Yes, Mr. Chief Justice.

THE PRESIDING OFFICER. Have been issued already?

REP. APOSTOL. Not yet, Mr. Chief Justice.

THE PRESIDING OFFICER. So, when will you procure the issuance of a subpoena duces tecum for the purpose so we can be properly guided. We should not be moving from one witness to another. It will confuse the records.

REP. APOSTOL. The Defense opposed it.

THE PRESIDING OFFICER. Pardon.

REP. APOSTOL. They have an omnibus opposition on our application for subpoena duces tecum.

THE PRESIDING OFFICER. Was the subpoena for the Naga branch included in the omnibus opposition?

REP. APOSTOL. It is an omnibus opposition to all subpoena duces tecum.

THE PRESIDING OFFICER. No, no, the opposition enumerates the subpoena duces tecum. So I think the Prosecution should adopt some kind of a system where anyone of them will take care of the subpoenas so we can facilitate and expedite the proceedings.

REP. APOSTOL. We will do that, Mr. Chief Justice.

THE PRESIDING OFFICER. Thank you.

MR. MENDOZA. Thank you very much, Your Honor. For the examining counsel in this afternoon’s session, particularly as regards the witness, Atty. Jose Flaminiano and Atty. Cleofe Verzola, Your Honor.

THE PRESIDING OFFICER. Call the witness in. The Secretary, administer the oath on the witness.

THE SECRETARY. Please raise your right hand and answer me. You, ROSARIO BAUTISTA, do swear that the evidence you shall give in the case now pending between the Philippines and Joseph Ejercito Estrada, President of the Philippines, shall be the truth, the whole truth, and nothing but the truth, so help you, God?

MS. BAUTISTA. Yes, Your Honor.

THE PRESIDING OFFICER. Please be seated. Prosecutor Moreno, the witness is yours.

REP. MORENO. Thank you, Mr. Chief Justice. Your Honors, we are offering the testimony of Mrs. Rosario S. Bautista, the branch manager of Diliman, Matalino Branch of PCI Equitable Bank, in order to authenticate the signatures of Yolanda Ricaforte and the relevant documents earlier marked as exhibit; to identify the depositor Yolanda Ricaforte; to testify on the circumstances in the opening of the accounts with this branch, and the withdrawals made; and the purchase of cashier’s check previously marked and this is a cashier’s check for P77 million, Cashier’s Check No. 0238-00941, payable to cash.

THE PRESIDING OFFICER. Marked as exhibit what?

REP. MORENO. Marked as Exhibit “LLL-3-Q”, Your Honor.

If I may please proceed, Your Honor.

THE PRESIDING OFFICER. You may proceed. The honorable Senator-Judge Miriam Defensor Santiago.

SEN. DEFENSOR SANTIAGO. Mr. Chief Justice, I believe that this is the second branch manager to be presented by the Prosecution and I recall that it has been testified to before that there were six accounts opened in different branches. Therefore, there would be six different branch managers who would conceivably be called by the Prosecution.

My question is: Does the Prosecution intend to call the four other branch managers after this second branch manager?

REP. MORENO. Yes, Your Honor.

SEN. DEFENSOR SANTIAGO. If that is the case, my expectation is that all six branch managers will basically testify along parallel lines. If that is the case, rather than devote extended periods of time to what after all will be the same testimony, testimony which has not so far been contradicted by the Defense, would it not be possible for the Prosecution to offer the terms of a stipulation that Defense might either accept or comment on so that we can short circuit the testimony of all six branch managers on virtually the same topic?

REP. MORENO. Your Honor, the suggestion is well-taken. However, Your Honor please, Mrs. Ricaforte opened accounts in six different branches and she dealt with six different people, and one of the things that we would like to establish is the circumstance under which these deposits were opened. So we will focus more, Your Honor, given your suggestion on the circumstances under which the dealings between Mrs. Ricaforte and these branch managers were about, and deal as fast as we could with respect to the cashier’s check issuance, Your Honor.

SEN. DEFENSOR SANTIAGO. I humbly submit that even these circumstances from branch manager to branch manager might properly be the subject of stipulation. I have no impression that Defense has raised any major opposition to the circumstances alleged by the Prosecution. Would you like to make the attempt to see whether a stipulation can be mutually agreed upon at this point so we can save time?

THE PRESIDING OFFICER. The matter of stipulation had been suggested as early as during the first preliminary conference. The Court was of the impression that the parties will really explore this area of agreement which will eventually shorten the proceedings. If it would just be a matter of circumstances, the parties can even stipulate if the circumstances are similar. If not, then they can also agree on the other circumstances in each given case.

Anyway…..

SEN. CAYETANO. Mr. Chief Justice.

THE PRESIDING OFFICER. The honorable Senator-Judge Cayetano.

SEN. CAYETANO. Mr. Chief Justice, for myself, I would like to hear the testimony of each of the branch manager of the PCI Equitable Bank not only because they may be different over that matter, even similar circumstances, but that would deprive the Senator-Judges

an opportunity, if they so wish, to ask questions of the witnesses.

And I think that is quite important in this hearing, Mr. Chief Justice.

THE PRESIDING OFFICER. Yes. The suggestions and the observations are noted and are made part of the record.

Witness may now be examined after she shall have been properly qualified. Prosecutor Moreno now.

REP. MORENO. Thank you very much, Mr. Chief Justice, Your Honors.

Madam witness, can you please tell this honorable Court your name and personal circumstances?

MS. BAUTISTA. I am ROSARIO SALCEDO BAUTISTA, senior manager of Diliman Matalino Branch, Equitable PCI Bank; married; 46 years of age; resident of 41 T. Bernardino Street, Nagbalon, Marilao, Bulacan.

REP. MORENO. Sinabi mo na ikaw ay manager ng Diliman, Matalino branch ng Equitable PCI Bank. Ilang taon ka na bang naging manager niya?

THE PRESIDING OFFICER. Mr. Prosecutor, the witness was answering very well in English. Why don’t you ask questions in English?

REP. MORENO. You mentioned that you are the branch manager of Diliman-Matalino branch. How long have you been such manager?

MS. BAUTISTA. I have been with Diliman-Matalino branch and with Equitable PCI Bank for five years, Your Honor.

REP. MORENO. And prior to joining Equitable PCI Bank, have you been connected with any other bank?

MS. BAUTISTA. Yes, Your Honor.

REP. MORENO. And which bank was this?

MS. BAUTISTA. I have been with Far East Bank and Trust Company for 18 years prior to my employment with EBC-Equitable, Equitable PCI Bank.

REP. MORENO. And as such manager, there was an account that was opened on November 19, 1999. And I am showing to you Exhibit “LLL-3” earlier testified on, and its says here, “Equitable PCI Bank, Diliman-Matalino branch, Account name, Yolanda T. Ricaforte, opened November 19, 1999.” Would you like to tell this honorable Court what this exhibit is all about?

MS. BAUTISTA. Exhibit “LLL-3”, Yolanda T. Ricaforte made an initial deposit on November 19, 1999 in the amount of Five Hundred Thousand Pesos (P500,000.00) under Savings Account No. 028802031-0.

REP. MORENO. And when she opened the account, did she personally go to your branch?

MS. BAUTISTA. Yes, Your Honor.

REP. MORENO. Who attended to her?

MS. BAUTISTA. I was the one who attended to Ms. Ricaforte, Your Honor.

REP. MORENO. I am showing to you three specimen signature cards. First is “LL3-B” earlier marked,Your Honor. This is a savings account; second is “LL3-D”, also a savings account; and the third is “LLL-3-F”. Would you like to tell this honorable Court, first, as far as “LLL-3-B” is concerned?

THE PRESIDING OFFICER. Are you now showing her the original documents?

REP. MORENO. That is right, Your Honor.

MS. BAUTISTA. “LLL-3-B” is a signature card. It’s a Special Savings Account No. 3238001137 opened April 28, 2000 under the name of Yolanda Ricaforte with address at 25 Freedom Avenue, Veterans Village, Pasong Tamo, Quezon City.

REP. MORENO. And how about “LLL-3-D”?

MS. BAUTISTA. “LLL-3-D” is also a Special Savings Account with the number 328801480 under the name of Yolanda T. Ricaforte with the same address at 25 Freedom Avenue, Veterans Village, Pasong Tamo, Quezon City.

REP. MORENO. Going back to “LLL-3-B”, it says here, “Account Name: Yolanda Ricaforte”, and below the words “Authorized Signatures”, there appear three signatures. Would you like to tell this honorable Court whose signatures these are?

MS. BAUTISTA. These signatures are signatures of Yolanda T. Ricaforte, Your Honor.

REP. MORENO. And how do you know that these are the signatures of Mrs. Ricaforte?

MS. BAUTISTA. I am very sure that these are signatures of Yolanda T. Ricaforte because it was signed in my presence, Your Honor.

REP. MORENO. And in the box, at the lower right portion, there is the words “Approved By” and below these words is a signature. Would you like to tell this honorable Court whose signature is that?

MS. BAUTISTA. On the “Approved By:” portion is my signature, Your Honor.

REP. MORENO. Going now to “LLL-3-D”, again, “Account Name: Yolanda Ricaforte.” Below the words “Authorized Signatures”, there are three signatures. Would you like to tell this honorable Court whose signatures these are?

MS. BAUTISTA. The signatures appeared in the signature card is the same signatures that appear in the previous card and these are the signatures of Yolanda T. Ricaforte, Your Honor.

REP. MORENO. How do you know that these are the signatures of Mrs. Ricaforte?

MS. BAUTISTA. Because these were all signed in my presence.

REP. MORENO. And below the words “Approved By”, there is a signature again. Whose signature is that?

MS. BAUTISTA. This is my signature, Your Honor.

REP. MORENO. And showing to you the original copy of “LLL-3-F”, this is a savings account specimen signature card. “Account Name: Ricaforte Yolanda T.” At the back of this, at the dorsal portion of this card, there are three signatures below the words “Authorized Signatures” Whose signatures are they?

MS. BAUTISTA. Your Honor, these are signatures of Yolanda T. Ricaforte, the same signatures appeared on the two signature cards mentioned.

REP. MORENO. How do you know that these are the signatures of Mrs. Ricaforte?

MS. BAUTISTA. Because these were signed in my presence, Your Honor.

REP. MORENO. And again, below the words “Approved By”, there is a signature. Whose signature is that?

MS. BAUTISTA. It is my signature, Your Honor.

REP. MORENO. Now, Mrs. Witness, you mentioned that Mrs. Ricaforte went to your branch and that you attended to her when she opened this account and this account was opened on November 19 of 1999. Could you tell this honorable Court what happened on that day?

MS. BAUTISTA. On November 19, 1999, Yolanda T. Ricaforte went to the branch. She is a walk-in client and she went directly to my table and she mentioned that she wanted to open a savings account.

As a policy, we first interview the one who is opening the account. And in the course of interview, she said na she is into import and export business, her family used to live abroad but now they are settling down here in the Philippines for good, and she is into real estate investments, Your Honor.

REP. MORENO. Did you ask her if she is married?

MS. BAUTISTA. Yes, Your Honor.

REP. MORENO. And what did she tell you?

MS. BAUTISTA. She is married and the husband is also into business, Your Honor.

REP. MORENO. And did you ask her where her husband was?

MS. BAUTISTA. In the Philippines, Your Honor.

REP. MORENO. And this was November 19. How much was the initial deposit?

MS. BAUTISTA. The initial deposit, Your Honor, was P500,000 in cash.

REP. MORENO. In cash?

MS. BAUTISTA. Yes, Your Honor.

REP. MORENO. She personally brought the cash?

MS. BAUTISTA. Yes, Your Honor.

REP. MORENO. And then what happened to that deposit account?

MS. BAUTISTA. That deposit account was closed on November 22 when she appeared again, bringing with her two checks amounting to P70 million. The reason why she closed the first account because she wanted to open a combo which we, in our term, we call it as Automatic Transfer Account, with savings and current account, as the initial deposit of P70 million.

REP. MORENO. You said that she brought two checks. What were these two checks? I am showing to you Exhibit “LLL-24”. Would you like to tell this honorable Court what this exhibit is all about?

MS. BAUTISTA. “LLL-24” is a William Gatchalian check in the amount of P35 million dated November 20, 1999 drawn against PCI Bank Head Office.

REP. MORENO. And at the back of that check, the dorsal portion, “LLL-24-A” there are numbers that were written below the words “Indorse here”. Would you like to tell this honorable Court what those numbers are?

MS. BAUTISTA. At the dorsal part of the check, it was indicated account number where it would be deposited which is 28802037-0 and the bank indorsement, Your Honor.

REP. MORENO. Whose account is that?

MS. BAUTISTA. That account belongs to Yolanda Ricaforte.

REP. MORENO. I am showing to you Exhibit “LLL-25”, would you like to tell this honorable Court what this is all about?

I am sorry, Your Honor, this is Exhibit “LLL-23”. I would like to beg for your indulgence, Your Honors.

MS. BAUTISTA. Exhibit “LLL-23” is also a William Gatchalian check in the amount of P35 million dated November 20, 1999 drawn against PCI Bank Head Office, Your Honor.

REP. MORENO. And to whom is it payable?

MS. BAUTISTA. It’s payable to cash, Your Honor. Both….

REP. MORENO. And….I’m sorry.

MS. BAUTISTA. Both checks….I’m sorry. Both checks are payable to cash.

REP. MORENO. And the dorsal portion of this check, Exhibit “LLL-24-A” again, there are numbers written below the words “Indorse here”. Would you like….

MS. BAUTISTA. At the dorsal part of the check, also written is the same number as the previous check with–The account number is 28802037-0 and also the bank indorsement, Your Honor.

REP. MORENO. And what did you do when she gave you these checks?

MS. BAUTISTA. The reason why I–first, I’d like to explain the reason why she closed the first account. Because in our system if it’s a combo account you have to close the previous account because you cannot anymore link the first account which is the savings account. You have to open another savings account in order to link it with the current account. So, in the course of interview, I found out that she’s giving us another deposit in the amount of P70 million–two checks of William Gatchalian.

In the course of the interview, while I’m interviewing her, I asked my assistant to confirm with the other bank, with the drawee bank because it involves big amount. And my assistant cashier made a telephone inquiry with the other bank if it’s funded or if it’s a good or bad account, Your Honor.

REP. MORENO. What if any…did you ask any question, if any, from Mrs. Ricaforte with respect to these two checks totalling P70 million?

MS. BAUTISTA. Yes, Your Honor. I was so surprised with the amount and I asked her where did it came from, where did it come from, and she told me that it was a proceeds of a sale of a prime property in Quezon City, Your Honor.

REP. MORENO. And then, were there additional deposits made by Mrs. Ricaforte after November 22, 1999?

MS. BAUTISTA. Yes, Your Honor.

REP. MORENO. What were these, if any?

MS. BAUTISTA. There were several cash deposits made after the November 22 P70 million deposits. There were three additional cash deposits and two check deposits made, Your Honor.

REP. MORENO. When were these cash deposits made? And what were the amounts?

MS. BAUTISTA. Additional cash deposits made were on December 2, 1999 in the amount of three million fifty, and then on January 26, 2000 there’s a cash deposit of P1 million, and after that on April 11, 2000, there is another cash deposit of P300,000.

REP. MORENO. When you said that deposit made on December 2, 1999 was three million fifty are you referring to three million and fifty centavos or…?

MS. BAUTISTA. Ah, three million and fifty thousand (P3,050,000), Your Honor.

REP. MORENO. And all of these was in cold cash?

MS. BAUTISTA. Yes, Your Honor.

REP. MORENO. Where were they contained?

MS. BAUTISTA. It was in a plastic bag. And when I checked, it came from another bank, PNB, because of the wrappers, and it was all in old big bills–thousands and five hundreds, Your Honor.

REP. MORENO. What questions, if any, did you ask from Mrs. Ricaforte when she delivered the P3,050,000 for deposit?

MS. BAUTISTA. Your Honor, itinanong ko po sa kaniya kung saan po galing at napakalaki ng amount na dinideposito niya. Ang sinabi po niya sa akin, simula po noong nag-open siya, she had the intention to transfer all her accounts to Equitable-Diliman Branch. So, that day,

I presumed that she withdrew her money from the other bank to transfer to Equitable-Diliman Branch, Your Honor.

REP. MORENO. And then noong January 26, 2000, you said that may additional deposit na P1,000,000?

MS. BAUTISTA. Yes, Your Honor.

REP. MORENO. Again, in cash?

MS. BAUTISTA. Yes, Your Honor.

REP. MORENO. Paano ho itong cash na dala niya?

MS. BAUTISTA. Dala niya uli ho ito sa isang envelope. This time in an envelope, big bills in thousands, and it came from another bank.

REP. MORENO. Which bank was that?

MS. BAUTISTA. PNB, Your Honor.

REP. MORENO. And anong sinabi niya…tinanong mo ba, by the way, kung saan galing iyong P1,000,000?

MS. BAUTISTA. Sinabi nga po niya na ito ay kaniyang mga accounts na isa-isa niya pong kino-close at inililipat niya sa Equitable Bank, Your Honor.

REP. MORENO. And then again, on April 11, 2000, there was a cash deposit of P300,000. Cash na naman ito?

MS. BAUTISTA. Pareho pa rin po ang sinasabi niya na ito po ay galing din sa ibang bangko na ang intention niya is to consolidate in my branch all her deposits with other banks.

REP. MORENO. So, tuwang-tuwa po kayo at lumalaki ang deposit base mo?

MS. BAUTISTA. Syempre po. Ako po’y tuwang-tuwa at lumalaki ang deposit ng branch ko.

REP. MORENO. Si Mrs. Ricaforte ho, is she the…ano bang status niya then as the depositor of your branch?

MS. BAUTISTA. She’s a very simple woman….

REP. MORENO. ‘Di, ang ibig sabihin, in terms of amount, what was the…. how would you compare the level of her deposits with…

MS. BAUTISTA. Because of the substantial amounts that she is depositing, then she is considered as one of my top depositors, Your Honor.

REP. MORENO. Was she your largest individual depositor?

MS. BAUTISTA. As an individual depositor that time, she was the largest. But as for the total deposits maintained in my branch, we still have corporate accounts which maintain more than what she is maintaining that time.

REP. MORENO. Pero corporate po iyon?

MS. BAUTISTA. Opo, Your Honor.

REP. MORENO. And pagkatapos ng tatlong cash deposits, mayroon pa bang deposits? Nabanggit mo kanina na meron na namang check deposits?

MS. BAUTISTA. Meron po, Your Honor.

REP. MORENO. Kailan ho ito nagawa, nangyari?

MS. BAUTISTA. After opening on November 22, she came again November 23 and handed to me a P1,000,000 check deposit of Chavit Singson, Your Honor.

REP. MORENO. I am showing to you Exhibit “LLL-26”. This is a check drawn by Governor Luis “Chavit” Singson. Ano bang relasyon nitong tseke na ito doon sa diniposito niya noong November 23, 1999?

MS. BAUTISTA. Ito pong tsekeng ito ay drawn against Metrobank, Ayala Avenue Branch. Account name is Gov. Luis “Chavit” Singson, dated November 23, 1999, in the amount of P1,000,000, payable to cash, Your Honor.

REP MORENO. And then again, sa likod nitong tseke, Exhibit “LLL-26-A,” mayroon na namang numerong nakasulat.

MS. BAUTISTA. Ang numero pong nakasulat dito, Your Honor, ay iyon pong account number niya sa savings account.

REP. MORENO. And I am showing to you Exhibit “LLL-27”–I am sorry-“LLL-25” dahil binanggit mo kanina na dalawang check deposits, no? The second was December 16, 1999. I am showing to you Exhibit “LLL-25,” this is a check drawn on PNB. Would you like to tell the Court what this check is all about?

MS. BAUTISTA. Exhibit “LLL-25” is a check drawn against PNB, Naga, in the amount of P1,680,000. Check No. 16101, Your Honor.

REP. MORENO. And then sa dorsal portion ng tseke na iyan, Exhibit “LLL-25-A,” may numero na naman po na nakasulat diyan.

MS. BAUTISTA. Ang numero pong nakasulat dito ay in the same savings account number maintained by Yolanda T. Ricaforte, Your Honor.

REP. MORENO. Ilang accounts ho ba ang na-open ni Mrs. Ricaforte sa Diliman-Matalino branch?

MS. BAUTISTA. Ang lahat pong accounts ay umabot po ng pitong accounts, 7 accounts, Your Honor.

REP. MORENO. Now, anu-ano itong mga accounts na ito?

MS. BAUTISTA. Ang una ko pong nabanggit ay iyong savings account. After three days, she came again and opened another two accounts which is the current and savings account. At pagkaraan po noon, after a few months, after several deposits made, she decided to put it in a money market placement rather than staying it in the savings account after three months. So, nag-open na naman po siya ng special savings account transferring P70 million to the special savings deposit account on January 26. And then, on February 24 she came again and transferred the P7 million, part of the savings account, to a placement which is the special savings deposit account.

REP. MORENO. Pag mayroon kang savings account, mayroon kang regular current account, and then mayroon kang special savings account, all the respective balances of these deposits are reflected only in that particular account, is that correct?

MS. BAUTISTA. Yes, Your Honor.

REP. MORENO. So that not a single deposit account would reflect the total amount of all the deposit accounts in that branch, is that correct?

MS. BAUTISTA. Yes, Your Honor.

REP. MORENO. Anong diperensiya ng regular savings account sa iyong tinatawag na SSA or Special Savings Account?

MS. BAUTISTA. Ang regular savings account, the interest is only 2%, Your Honor, while if you place it on a special savings deposit account, you earn at least 8.25% to 10% gross.

REP. MORENO. And Mrs. Bautista, mayroon doon sa summary again….

THE PRESIDING OFFICER. Be consistent, Mr. Prosecutor, in the use of the language so we will have no difficulties in the recording.

REP. MORENO. I am sorry, Mr. Chief Justice. Let me go back to Exhibit “LLL-3.” There was a withdrawal made in the form of Cashier’s Check No. 0238-000941. I am showing to you the original of “LLL-3-Q.” Would you like to tell this honorable Court what is this all about?

MS. BAUTISTA. I am holding now the cashier’s check duplicate copy No. 00941, dated April 13, 2000, payable to cash in the amount of P77 million, Your Honor.

REP. MORENO. And in the left portion, there’s a box that says, “Cashier’s check received.” There is a signature below the word “received.” Whose signature is that?

MS. BAUTISTA. It is the signature of Yolanda T. Ricaforte, Your Honor.

REP. MORENO. How do you know that it is the signature of Mrs. Ricaforte?

MS. BAUTISTA. It is the same signature appeared on the signature card, Your Honor, and it was signed in my presence.

REP. MORENO. And then at the lower right portion of this exhibit, below the words “department head,” there is a signature. Whose signature is that?

MS. BAUTISTA. It’s my signature, Your Honor.

REP. MORENO. So, the check was payable to cash. When she applied for the the issuance of the check, what discussions, if any, took place between you and Mrs. Ricaforte?

MS. BAUTISTA. Of course, I was convincing him not to make the check because it will reduce my deposit level. But she was in a hurry that time and prior to the pretermination–actually it’s a pretermination–she called me up and she told me to prepare the cashier’s check and she is going to use it to purchase another prime property, Your Honor.

REP. MORENO. And you told….you have mentioned that you asked her to maintain her deposit with you?

MS. BAUTISTA. Of course, Your Honor.

REP. MORENO. What did you tell her aside from that?

MS. BAUTISTA. Well, I was just interviewing her. If it’s just being deposited to other banks, we might settle for a bigger or a higher rate. But she said that she is going to give it back to me after three months, Your Honor, and she is just going to use it to purchase a prime property.

REP. MORENO. And the check that she applied for, the cashier’s check that she applied for would be payable to cash. Now, let us discuss first, for purposes of clarity, the implications of a cashier’s check. Who is liable in respect of the cashier’s check that is issued–is it the purchaser or is it the bank that issues the cashier’s check?

MS. BAUTISTA. In this case, Your Honor, since she executed the Deed of Undertaking, it is the purchaser, Your Honor.

REP. MORENO. No, but…the cashier’s check. Let’s say you issue a cashier’s check as the Branch Manager of Diliman-Matalino.

MS. BAUTISTA. Yes, Your Honor.

REP. MORENO. I buy that cashier’s check. Let’s say that it is payable to Atty. Mendoza. As far as that cashier’s check, who is liable, is it you or is it me?

MS. BAUTISTA. The holder, Your Honor.

REP. MORENO. No, no. Who is liable?

MS. BAUTISTA. The….

REP. MORENO. Who is bound to pay that cashier’s check?

MS. BAUTISTA. That cashier’s check, in case of….

THE PRESIDING OFFICER. Atty. Flaminiano?

MR. FLAMINIANO. Mr. Chief Justice, Sir, the Counsel is asking for the witness….for the opinion of the witness.

REP. MORENO. Well, Your Honor,….

MR. FLAMINIANO. It calls for an opinion, Your Honor.

THE PRESIDING OFFICER. It is not only a matter of opinion, it is a matter of law.

MR. FLAMINIANO. It is a legal opinion. He is asking for a legal opinion.

THE PRESIDING OFFICER. Under the Negotiable Instruments Law, I think there is no need to ask that question.

MR. FLAMINIANO. That’s right, Your Honor.

THE PRESIDING OFFICER. The objection is sustained.

REP. MORENO. Thank you, Mr. Chief Justice.

Now, since Mrs. Ricaforte applied for a check payable to cash, did you in any way try to resist the issuance of that cashier’s check payable to cash?

MS. BAUTISTA. Yes, Your Honor. In fact, I’m discouraging her to make it payable to cash because of the risk she is into. But she told me that the person she is paying it to didn’t want to appear the name in the check.

REP. MORENO. You talked about the risks. What are these risks?

MS. BAUTISTA. In case of loss, Your Honor.

REP. MORENO. And what are the other risks, if any?

MS. BAUTISTA. In case it is damaged or destroyed, Your Honor.

REP. MORENO. Now, Madam Witness, in all of these dealings, in all of these transactions with Diliman-Matalino Branch, who dealt with that branch, on the part of the depositor?

MS. BAUTISTA. Pardon, Your Honor?

REP. MORENO. In all of these dealings–the deposit, the withdrawals, the purchase of the cashier’s check–who dealt, who was the person who dealt with the branch?

MS. BAUTISTA. The manager or his….The manager, myself, Your Honor. I was the one who assisted her. But the one…. You mean, the one who comes to the branch? It was Yolanda Ricaforte herself, Your Honor.

REP. MORENO. So it was Yolanda Ricaforte herself–

MS. BAUTISTA. Herself, your Honor.

REP. MORENO. –who dealt with the branch?

MS. BAUTISTA. Yes.

REP. MORENO. In all of these transactions?

MS. BAUTISTA. Yes, Your Honor.

REP. MORENO. Deposits, withdrawals, purchase of the cashier’s check?

MS. BAUTISTA. Yes, Your Honor. Everything, Your Honor.

REP. MORENO. And who attended to her in all of these transactions?

MS. BAUTISTA. In all of these transactions, she didn’t want to deal with anybody except the manager, Your Honor.

REP. MORENO. And who is this manager?

MS. BAUTISTA. Myself, Your Honor.

REP. MORENO. That’s all for the…. I’m sorry.

THE PRESIDING OFFICER. Any cross-examination?

REP. MORENO. I’m sorry, Mr. Chief Justice.

THE PRESIDING OFFICER. Yes.

REP. MORENO. I’m sorry, Mr. Chief Justice.

Madam Witness, during the Blue Ribbon Committee hearings pertaining to the exposé, somebody appeared and was identified as Mrs. Yolanda Ricaforte. Did you see in the TV or did you see that in the newspapers?

MS. BAUTISTA. Yes, Your Honor.

REP. MORENO. And was she the same Yolanda Ricaforte that you have dealt with in your branch?

MS. BAUTISTA. She is the same Yolanda T. Ricaforte that opened an account with the branch, Your Honor.

REP. MORENO. And what was your reaction when you saw the TV footages?

MR. FLAMINIANO. Objection, Mr. Chief Justice.

THE PRESIDING OFFICER. What is the basis?

MR. FLAMINIANO. The question is not only irrelevant. It also calls for the opinion of the witness, Your Honor.

THE PRESIDING OFFICER. Objection sustained. Make another question.

REP. MORENO. And when you saw Mrs. Ricaforte on TV, did you make any report, if any, to your superiors in Equitable PCI Bank?

MS. BAUTISTA. It was only when she appeared on the television. When Gov. Chavit Singson revealed about the jueteng, Yolanda T. Ricaforte’s name was already printed in all newspapers, I knew then that she was my client. Most especially I confirmed when I saw her on television, Your Honor.

REP. MORENO. And did you make any report to your superiors?

MS. BAUTISTA. It was reported ever since she opened an account to the division head because it affects my budget variance, Your Honor.

REP. MORENO. And who is this division head?

MS. BAUTISTA. My division head is Mrs. Cecilia Lantin,

Your Honor.

REP. MORENO. That is all for the witness, Mr. Chief Justice.

THE PRESIDING OFFICER. Any cross-examination question?

MS. VERZOLA. Yes, Your Honor, please.

THE PRESIDING OFFICER. Atty. Verzola, you may now proceed for the cross.

MS. VERZOLA. May I ask for a copy of the original of Exhibit “LL-3”.

THE PRESIDING OFFICER. Show the original of these exhibits, Prosecutor Moreno, to the cross-examining Counsel.

(Note: The original copy of the exhibit was handed to Counsel Verzola.)

MS. VERZOLA. Thank you, compañero.

With the permission of the honorable Court.

THE PRESIDING OFFICER. Granted.

MS. VERZOLA. Looking at Exhibit “LL-3”, I would be correct if I say that this is the summary of all the transactions of Yolanda Ricaforte in your branch.

MS. BAUTISTA. Yes, Your Honor.

MS. VERZOLA. According to this Exhibit “LL-3”, the initial deposit was made on November 22, 1999 which was subsequently closed and a new combo account was opened on the same date. Right?

MS. BAUTISTA. May I correct, Your Honor. The first initial deposit was made on November 19, 2000.

MS. VERZOLA. I see. And it was closed on November 22, 1999 when the combo account was opened.

MS. BAUTISTA. Yes, Your Honor.

MS. VERZOLA. When you talk of a “combo” account, you refer to two accounts, one, a current account and a savings account. This is usually resorted to so that when one is maintaining a current account or a checking account and the funds in the checking account runs out, the check will not be dishonored but it will be charged against the savings account.

MS. BAUTISTA. Yes, Your Honor.

MS. VERZOLA. In other words, this combo account is resorted to to facilitate withdrawal.

MS. BAUTISTA. Yes, Your Honor.

MS. VERZOLA. All right. I noticed that from this Exhibit “LL-3”, the account maintained by Mrs. Yolanda Ricaforte from November 22, 1999, which were all deposits, amounted to P79,052,698.28. Right?

MS. BAUTISTA. Yes, Your Honor.

MS. VERZOLA. And since this run from November 19, 1999 to August 2000, that would be a period of nine months?

MS. BAUTISTA. Yes, Your Honor.

MS. VERZOLA. In this period of nine months, since this is quite a big account, was there ever…You would agree with me that there was never a withdrawal in the amount of P5 million every 15 days?

MS. BAUTISTA. None, Your Honor.

MS. VERZOLA. There was never a withdrawal amounting to P10 million a month?

MS. BAUTISTA. None, Your Honor.

MS. VERZOLA. I am asking you this, Mrs. Bautista, because Mr. Chavit testified that….

REP. MORENO. Objection, Your Honor, it is totally misleading.

THE PRESIDING OFFICER. There is no question yet.

MS. VERZOLA. All right, Your Honor, I will withdraw. I have no question yet but it seems they are afraid of my question, so I will just withdraw it. I have not even finished, you are already objecting.

Now, in this account of Mrs. Yolanda Ricaforte there is nothing here which would link it to His Excellency, the President of the Philippines?

MS. BAUTISTA. None, Your Honor.

MS. VERZOLA. But there is a check here deposited by

Mr. Chavit Singson which is in the amount of P1 million, Metro-Ayala Check No. 1480, deposited on November 23, 1999, one day after the opening of the combo account?

MS. BAUTISTA. Yes, Your Honor.

MS. VERZOLA. Now, if you scrutinize astutely as your Vice President once said, the account, you will notice that not a single peso of the amounts deposited here were ever directed to the personal interest of His Excellency, the President of the Philippines?

MS. BAUTISTA. None, Your Honor.

MS. VERZOLA. No cashier’s check in his name, no withdrawals by anybody for him was made?

MS. BAUTISTA. None, Your Honor.

MS. VERZOLA. Despite the fact that the amount totalled P79,052,698.28 no withdrawals whatsoever was made?

MS. BAUTISTA. Only one withdrawal was made, Your Honor.

MS. VERZOLA. That was after the August 14, 2000?

MS. BAUTISTA. Yes, Your Honor.

MS. VERZOLA. Thank you very much, Your Honor. I think we have no further questions. Thank you, Ms. Bautista.

THE PRESIDING OFFICER. Nothing further? Any redirect from the Prosecution?

REP. MORENO. No redirect, Your Honor.

THE PRESIDING OFFICER. Yes, let’s have a listing of the honorable members of the Court who will ask questions. We will have first the honorable Senator Cayetano, the honorable Senator-Judge Leviste, and the honorable Senator-Judge Drilon, and the honorable Senator-Judge Magsaysay.

SEN. CAYETANO. Thank you, Mr. Chief Justice.

Ms. Bautista, pagkatapos na makita ninyo si Ms. Ricaforte sa telebisyon, did you have an opportunity to talk to her again?

MS. BAUTISTA. Hindi na po, Your Honor.

SEN. CAYETANO. Hindi mo na siya tinawagan?

MS. BAUTISTA. Tinatawagan ko po siya sana, pero hindi ko po siya ma-contact at answering machine na po ang sumasagot sa bahay niya, Your Honor.

SEN. CAYETANO. Ano ang tinatawagan ninyo, cellphone or home phone number?

MS. BAUTISTA. Home phone number, Your Honor.

SEN. CAYETANO. Home phone number?

MS. BAUTISTA. Opo.

SEN. CAYETANO. Dito ho sa application niya ay may lumalabas na cellphone number, ito iyong Exh. “LLL-3F”?

MS. BAUTISTA. Ang kanya pong cellphone na nandito sa signature card, Your Honor?

SEN. CAYETANO. Yes.

MS. BAUTISTA. Is 0918-9021847, Your Honor.

SEN. CAYETANO. Sino ho ang sumulat niyan?

MS. BAUTISTA. Ito po ay sinulat ko based on my interview with her. Ito po ay handwritten ko.

SEN. CAYETANO. Okey, hindi mo ginamit iyan sa pagtawag sa kanya?

MS. BAUTISTA. Hindi na po, Your Honor.

SEN. CAYETANO. Okay. Sa laki ng mga deposito sa iyo, hindi ka ba nagtataka na single signatory lamang?

MS. BAUTISTA. Hindi po unusual, Your Honor, so hindi po ako nagtaka.

SEN. CAYETANO. Hindi ka nagtataka?

MS. BAUTISTA. Hindi po.

SEN. CAYETANO. Bigyan mo nga ako ng…mayroon ka bang kliyente na may asawa na may deposito sa iyo na P77 million?

MS. BAUTISTA. Mas mahigit–mayroon po, Your Honor, mayroon po.

SEN. CAYETANO. Na may asawa?

MS. BAUTISTA. May asawa po, Your Honor.

SEN. CAYETANO. Na isa lamang ang ano–single signatory?

MS. BAUTISTA. Yes, Your Honor.

SEN. CAYETANO. Ngayon, dito sa–ang sabi mo ay ang business ni Mrs. Ricaforte ay export and import at saka iyong asawa niya ay real estate business?

MS. BAUTISTA. Opo, Your Honor.

SEN. CAYETANO. Noong makita mo siya sa telebisyon, hindi ka ba nakipagusap sa regional head mo?

MS. BAUTISTA. Hindi na po, Your Honor. Ina-asume ko na rin po siguro na nabasa nila at hindi po naman namin napagusapan yoon.

SEN. CAYETANO. Hindi ka nagtataka ngayon, sa sarili mo kung bakit ito napakaraming pera ay nanggaling yata…?

MS. BAUTISTA. Ngayon ko po naiisip na lahat ng dineposito niya, ngayon ko po naisip na kaya po siya maraming pera, kaya nagde-deposit sa account ko, na siya pala yoong si Yolanda Ricaforte.

SEN. CAYETANO. Na ina-akusahan ni Singson na jueteng money ‘yon?

MS. BAUTISTA. ‘Yon po ang sabi nila, Your Honor.

SEN. CAYETANO. Dito sa cashier’s check na P77 million, hindi ba pambihira na ang isang tao ay kukuha ng ganyang kalaki na cashier’s check?

MS. BAUTISTA. Hindi naman po, Your Honor, kasi marami po naman talagang nag-a-apply na cashier’s check na payable to cash na hindi lang po ganito ang halaga.

SEN. CAYETANO. May mas mahalaga pa?

MS. BAUTISTA. Mayroon po, Your Honor.

SEN. CAYETANO. Sa branch mo?

MS. BAUTISTA. Hindi po sa branch ko pero sa ibang branch ko po na pinagtra….

SEN. CAYETANO. Hindi, sa branch mo?

MS. BAUTISTA. Sa branch ko po, wala po, Your Honor.

SEN. CAYETANO. Wala. Sabi mo kinumbinsi mo siya na…

THE PRESIDING OFFICER. The two-minute rule will apply.

SEN. CAYETANO. I am sorry. It is already finished. Thank you.

THE PRESIDING OFFICER. Thank you, Your Honor.

MS. BAUTISTA. Thank you.

THE PRESIDING OFFICER. Then the honorable Senator-Judge Leviste.

SEN. LEVISTE. Thank you, Mr. Chief Justice. Ms. Bautista, kaunting katanungan lang po.

Noong nagbukas ng account si Mrs. Ricaforte sa inyong banko, hindi ba kayo nagtaka na nagbukas siya ng several accounts. Ilan ba ang accounts sa kaniya?

MS. BAUTISTA. Ang una po niyang binuksan ay isang savings account which is only for P500,000. At iyon po naman ay hindi kataka-taka sa isang branch na katulad ko na may mag-open po ng ganoon sapagkat mayroon pa pong ibang account na nag-o-open na mas mataas pa po sa in-open niyang amount.

SEN. LEVISTE. At pagkatapos noon?

MS. BAUTISTA. At pagkatapos noon, doon na lang po ako nag…. I made additional interview sapagkat nagde-deposito na po siya ng malalaking amounts.

SEN. LEVISTE. Isang account lang ang kanyang binuksan sa iyo?

MS. BAUTISTA. Seven accounts, a total of seven accounts, Your Honor.

SEN. LEVISTE. Total of seven. Noong simula ay hindi kayo nagtaka dahil isa pa lamang?

MS. BAUTISTA. Opo.

SEN. LEVISTE. Ngunit nang nagbukas siya ng pangalawa, pangatlo, hangang the seventh account, kayo ay nagtaka na at sabi ninyo na gumawa kayo ng karagdagang interview, hindi ba ho?

MS. BAUTISTA. Hindi naman po sa nagtataka ako ngunit gusto ko lang magkaroon ng sufficient information on all these checks she is depositing. At noon nga po ay nakikita ko na malalaki na ang mga amount, ini-interview ko po siya, tinatanong. Sapagkat pag siya ay pumupunta sa harapan ko, siya naman po ay nagkukuwento. So aming pagkukuwentuhan ay nababangit niya, siya nga po ay nagbebenta ng mga lupa at gusto na ninyang ilipat ang kaniyang mga accounts sa Equitable. Lalo na po sa branch ko, Your Honor.

SEN. LEVISTE. Nabanggit ba niya sa inyo na siya ay ni-refer ng isang PCI , Equitable PCI executive sa inyong bangko?

MS. BAUTISTA. Wala po, Your Honor.

SEN. LEVISTE. Mayroon ba kayong tinanong kung mayroon bang nag-refer sa kaniya sa inyo?

MRS. BAUTISTA. Hindi po, Your Honor.

SEN. LEVISTE. Sa inyong mga binigay sa amin na exhibit, itong “LLL-3-F” sa box na marked “ID Presented – Number”. There appears to be a stamp pad mark No. 023530, something like that, mahabang number. Ano bang ibig sabihin nito? Yong “ID presented number”. Anong numero ito, anong ID ito?

MS. BAUTISTA. Hindi po ID No. ito. Ito po ay ang kanyang current account number na kaya po namin itinatak doon para po ipakita na sa signature card 0238003530 ay nandoon, naka-indicate po doon ang California International Driver’s License na iprinisenta niya sa amin.

SEN. LEVISTE. So hindi niya ID ang nakalagay sa “ID presented”, iyong number, hindi iyon?

MS. BAUTISTA. Hindi po, yon po ay account number ng ka-combo account niya po, itong ka-link ng savings account, Your Honor.

SEN. LEVISTE. Finally, usually ang mga bangko ay may favored client sa malalaki ang mga deposito ay nagiging malalapit sa mga branch manager at mayroon kayong mga provision for PR. Kayo ba ay nagkaroon ng pagkakataon, maski minsan man lamang bago ninyo madiskubre kung sino siya talaga, na lumabas at makipagusap sa kanya tungkol sa kaniyang negosyo?

MS. BAUTISTA. Ang sa katunayan po, Your Honor, kahit na ano pong imbita ko ang gawin sa kaniya ay hindi po siya sumasama, Your Honor.

SEN. LEVISTE. Maraming salamat sa iyo.

THE PRESIDING OFFICER. Thank you. We will now have the honorable Judge-Senator Drilon.

SEN. DRILON. Thank you very much, Your Honor.

Madam Witness, may I refer you to Exhibit “LLL-3-R”.

THE PRESIDING OFFICER. Show the exhibit to the witness.

SEN. DRILON. If you have the exhibit now. You failed to identify this in the course of the direct-examination.

MS. BAUTISTA. Yes, sir.

SEN. DRILON. What is this all about?

MS. BAUTISTA. This Deed of Undertaking is…in case that the client wants a Manager’s check purchase payable to cash, we let the client or the purchaser execute a Deed of Undertaking, Your Honor.

SEN. DRILON. And whose signature appears below or above the printed name “Purchaser’s Signature”?

MS. BAUTISTA. The purchaser’s signature is the signature of Yolanda T. Ricaforte, Your Honor.

SEN. DRILON. Why do you know that is her signature?

MS. BAUTISTA. Because this was signed in my presence and this is the similar and the same signature which appeared in the Signature Card, Your Honor.

SEN. DRILON. There is a signature appearing in an encircled stamp, whose signature is this?

MS. BAUTISTA. It is my signature, Your Honor, signifying that I verified the signature. It was stamped as “Signature verified by”, Your Honor.

SEN. DRILON. Is this Deed of Undertaking usually done or is it done as a matter of course when a Manager’s check is purchased?

MS. BAUTISTA. Whenever when a Manager’s check is purchased payable to cash, Your Honor.

SEN. DRILON. Only when it is payable to cash?

MS. BAUTISTA. Yes, Your Honor.

SEN. DRILON. If it is payable to a specific person or company, no such undertaking is required?

MS. BAUTISTA. No, Your Honor.

SEN. DRILON. Now, you also mentioned…okay, let us go to another point. You said you reported to Mrs. Lanting on this deposit, your division head? Is that a correct name?

MS. BAUTISTA. Yes, Your Honor. We have a weekly report wherein you report all the deposits during the week. Of course, it affects my deposit variance and I reported at the end of the week which is on Fridays that a certain Yolanda T. Ricaforte made a deposit in the amount of almost P77 million plus, Your Honor.

SEN. DRILON. In the amount of almost P77…?

MS. BAUTISTA. No. The first was P70,500,000, Your Honor.

SEN. DRILON. So this report was done verbally?

MS. BAUTISTA. It was done in a report, in a form. It is a weekly report, Your Honor.

SEN. DRILON. So, there was a written report?

MS. BAUTISTA. A written report, Your Honor.

SEN. DRILON. And what did that report indicates since it is not before you? If you recall.

MS. BAUTISTA. Well, it indicates the…per branch basis, we are required to report to the division head all accounts opened during the week, Your Honor.

SEN. DRILON. So, it was just one of those names that you reported?

MS. BAUTISTA. Yes, Your Honor.

SEN. DRILON. And you said it affected your variance on your deposit. Did your report elicit any reaction from Mrs. Lanting?

MS. BAUTISTA. None, Your Honor.

SEN. DRILON. It was considered as usual and part…was it a usual or an ordinary course of your banking transactions?

MS. BAUTISTA. Yes, Your Honor.

SEN. DRILON. It did not surprise her that such a big amount was deposited?

MS. BAUTISTA. No, Your Honor.

SEN. DRILON. So what did you mean when you say it had affected…there was a variance in your deposit budget?

MS. BAUTISTA. Because every branch has a deposit budget. It affects, it increases my deposit level when the time it was made in my branch.

SEN. DRILON. Was the increase unusual?

MS. BAUTISTA. In my branch, of course, Your Honor, because it is only four years in existence.

SEN. DRILON. And in fact…what was your average daily deposit?

MS. BAUTISTA. Average daily deposit in my branch?

SEN. DRILON. Yes.

MS. BAUTISTA. Around P1 million to P2 million a day, Your Honor.

SEN. DRILON. P1 million to P2 million a day. And in this particular day, you got a P70-million deposit?

MS. BAUTISTA. Yes, Your Honor.

SEN. DRILON. And it was not considered unusual?

MS. BAUTISTA. No, Your Honor, because as I said, I still have corporate accounts who make substantial amount of deposits, Your Honor.

SEN. DRILON. That is all, Your Honor.

THE PRESIDING OFFICER. Thank you. The honorable Senator-Judge Magsaysay. And after him, the honorable Senator-

Judge Biazon.

SEN. MAGSAYSAY. Thank you, Chief Justice.

Just two questions. I think Senator Drilon already mentioned this but I would like to know what is your average cash on hand everyday in your branch.

MS. BAUTISTA. In my branch, we are only allowed to maintain at least P5 million.

SEN. MAGSAYSAY. Five million. Is your branch–

MS. BAUTISTA. That is cash in vault insurance-covered.

SEN. MAGSAYSAY. Is your branch big branch, a medium-sized or a small branch?

MS. BAUTISTA. It is a small branch, Your Honor….medium-sized, Your Honor.

SEN. MAGSAYSAY. All right. Now, when you issued the cashier’s check of P77 million, your branch, right?

MS. BAUTISTA. Yes, Your Honor.

SEN. MAGSAYSAY. What was your daily balance at that date, same date?

MS. BAUTISTA. At the day, Your Honor, we have to maintain at least on the minimum level, otherwise, we will exceed our insurance coverage, Your Honor.

SEN. MAGSAYSAY. Which is P3 million?

MS. BAUTISTA. Which is P5 million.

SEN. MAGSAYSAY. Now, theoretically, once I bring out this P77 million cashier’s check when I go out somebody else will get it from me and come back and try to withdraw P77 million. Right?

MS. BAUTISTA. Yes, Your Honor.

SEN. MAGSAYSAY. Do you have the P77 million?

MS. BAUTISTA. Prior….if in case that he encashed it, Your Honor?

SEN. MAGSAYSAY. Somebody….

MS. BAUTISTA. You are referring it for the encashment, Your Honor?

SEN. MAGSAYSAY. Right.

MS. BAUTISTA. Well, we have to get it from our cash hub which is very near and….we….of course, if it was not announced prior to the visit or prior to the encashment, the client has to wait for the delivery of the cash, Your Honor, or we direct it to the cash hub, the nearest cash hub for the withdrawal, Your Honor.

SEN. MAGSAYSAY. This is a cash hub….

MS. BAUTISTA. The cash hub which is open….

SEN. MAGSAYSAY. H-u-b?

MS. BAUTISTA. Yes, Your Honor.

SEN. MAGSAYSAY. You are near the BSP. Right?

MS. BAUTISTA. Yes, Your Honor.

SEN. MAGSAYSAY. And they have a lot of cash there.

MS. BAUTISTA. Yes, Your Honor.

SEN. MAGSAYSAY. Would it not be possible that you issued that P77-million check knowing that theoretically, at least, within the minute she leaves, somebody else will get it and try to cash it in in the same branch, and you do not have it because you have only P5 million so you have to call either your cash hub….

MS. BAUTISTA. Yes.

SEN. MAGSAYSAY. ….or the BSP to encash the P77 million check?

MS. BAUTISTA. Yes, Your Honor.

SEN. MAGSAYSAY. What did you do?

MS. BAUTISTA. In case it happens?

SEN. MAGSAYSAY. Yes. What will you do?

MS. BAUTISTA. Well, I have to advise the client that he has to wait and I call up the branch head, the division head, that there is a withdrawal of P77 million, encashment of the cashier’s check and then, wait for the armored car for the delivery of the cash, Your Honor.

SEN. MAGSAYSAY. You did not call anybody other than Lantin, the division area head, that a P77-million cashier’s check was going out and you would like this particular check to be encashed anytime by the receiver?

MS. BAUTISTA. It is only done on the division area, on a division head level.

SEN. MAGSAYSAY. Not beyond the division?

MS. BAUTISTA. No. No, Your Honor. Because we have respective divisions. Each division consists of 36 branches.

SEN. MAGSAYSAY. When was that cashed? The P77 million from the day you issued the check.

MS. BAUTISTA. It was not cashed in my branch, Your Honor. It was issued payable to cash….

SEN. MAGSAYSAY. But eventually….

MS. BAUTISTA. ….it was a manager’s check.

SEN. MAGSAYSAY. –eventually the cancelled check comes back to you?

MS. BAUTISTA. Yes, Your Honor.

SEN. MAGSAYSAY. Is there no way that you will see that who, which of your branch or bank, cashed it where?

MS. BAUTISTA. Well, it can be seen at the dorsal back of the check where it was deposited.

SEN. MAGSAYSAY. What does it say? I am almost two minutes. What does it say? Where was it cashed?

MS. BAUTISTA. I am sorry, Your Honor, because I did not verify the time when it came in because all checks, that is inward checks, are already at the OSD in our head office because our clearing is centralized, Your Honor. It did not come back to my branch, Your Honor.

SEN. MAGSAYSAY. Thank you, Mr. Chief Justice. But I would like to know where was it cashed. Thank you.

MS. BAUTISTA. Sorry, Your Honor.

THE PRESIDING OFFICER. What was the last question, Your Honor?

SEN. MAGSAYSAY. I just wanted to know where it was cashed and when?

MS. BAUTISTA. It was not cashed. It was deposited, I think, Your Honor.

SEN. MAGSAYSAY. It was not encashed.

MS. BAUTISTA. Yes. It was not encashed, Your Honor. I think it was deposited. I am not quite sure.

THE PRESIDING OFFICER. The honorable Senator-Judge Biazon.

SEN. BIAZON. Thank you, Mr. Chief Justice. Ms. Bautista, had Ms. Ricaforte deposited amounts in check?

MS. BAUTISTA. Yes, Your Honor.

SEN. BIAZON. How much?

MS. BAUTISTA. There are two checks. Actually, there are four checks.

SEN. BIAZON. Yes.

MS. BAUTISTA. Two P35-million check, one P1-million check, and the other one is P1,680,000.

SEN. BIAZON. All of these checks came from your own branch?

MS. BAUTISTA. No, Your Honor.

SEN. BIAZON. What is the process in….you are a branch manager, right?

MS. BAUTISTA. Yes, Your Honor.

SEN. BIAZON. In accepting a check to be deposited, do you not send it for clearing?

MS. BAUTISTA. We do, Your Honor. It is an inward check, Your Honor.

SEN. BIAZON. How long does it normally take for a check to be cleared?

MS. BAUTISTA. If it is a local check, it takes three days for clearing.

SEN. BIAZON. Three days.

MS. BAUTISTA. On the third day, it can be encashed. Whereas if it is a regional check, it takes five days. On the seventh day, it is cleared.

SEN. BIAZON. And, therefore, when a walk-in depositor tries to deposit, let us say, P35 million, do you immediately accept it without the benefit of the three-day clearing process?

MS. BAUTISTA. Well, we have to clear it, Your Honor. Even if I have confirmed it with the other bank, I still have to clear it.

SEN. BIAZON. Yes. Did you do this in the case of the deposit of P70 million by…

MS. BAUTISTA. Yes, Your Honor. It was done, Your Honor.

SEN. BIAZON. How come in your records, the deposit had been accepted in the same day?

MS. BAUTISTA. Sorry? It was accepted on the same day?

SEN. BIAZON. On the same day.

MS. BAUTISTA. Yes, Your Honor. It was accepted on the same day.

SEN. BIAZON. Right. But you still had it cleared.

MS. BAUTISTA. Yes, Your Honor.

SEN. BIAZON. And the transaction had already been completed in the same day?

MS. BAUTISTA. The transaction is completed, but it is not yet cleared, Your Honor. It is not yet clean balance, Your Honor.

SEN. BIAZON. All right, I still have a few seconds anyway.

THE PRESIDING OFFICER. You still have less than a minute–37 seconds.

SEN. BIAZON. Yes. When the deposit had been made, did you have to ask for permission or clearance from any senior bank officials?

MS. BAUTISTA. No, Your Honor.

SEN. BIAZON. Are you authorized to do this?

MS. BAUTISTA. Of course, Your Honor.

SEN. BIAZON. Is this the general banking practice in the Philippines?

MS. BAUTISTA. That is the usual practice. The branch is responsible for everything that is happening in their branch, Your Honor.

SEN. BIAZON. Is this process or procedure peculiar to your bank? Or this is general banking practice.

MS. BAUTISTA. This is general banking practice, Your Honor.

SEN. BIAZON. Thank you, Your Honor.

THE PRESIDING OFFICER. The honorable Senator-Judge Miriam Defensor Santiago. And after that, the honorable Senator-Judge Oreta.

SEN. DEFENSOR SANTIAGO. Ms. Witness, I find you to be a fairly straightforward witness testifying only as to the regular discharge of your normal functions. And so, I am a little perplexed on why certain questions have been raised which tend to impeach your credibility as a prosecution witness. And therefore, just to be fair to you, I will attempt to, what lawyers call, make an effort to rehabilitate you as a witness so that you will regain your level of credibility to which you were originally entitled.

Ginang Testigo, may nagtanong dito. Bakit itong si Ricaforte may asawa pero tinanggap mo ang kanyang pirmang mag-isa lang siya. Mayroon ka bang alam na batas o regulasyon ng Central Bank na oras na may taong pumasok sa iyong bangko kinakailangan ay pusasan mo ang tao at dadalhin mo sa city hall, sa Office of the City Registrar, para i-check mo kung nakasal siya o hindi, o kaya dadalhin mo sa NBI. Mayroon ka bang batas na alam na ganun?

MS. BAUTISTA. Wala nga po, Your Honor.

SEN. DEFENSOR SANTIAGO. Wala. Mayroon naman isang tanong. Bakit hindi ka nagulat na malaki itong halaga na pinagdeposito sa bangko mo at ang sagot mo, “Kasi mayroon pa nga mas malaking mga halaga na dinideposito ang ibang mga tao o ibang mga korporasyon.”

Ngayon ang tanong ko na naman sa iyo ay ganito: Mayroon ka bang alam na batas o regulasyon ng Central Bank na pag mayroong halaga na sa tingin mo ay malaki, kinakailangan ay magulat ka o himatayin ka? Mayroon bang ganun?

MS. BAUTISTA. Wala po, Your Honor.

SEN. SANTIAGO. Thank you very much.

MS. BAUTISTA. Thank you.

THE PRESIDING OFFICER. Yes, the honorable Senator-Judge Oreta. Then after that, the honorable Senator-Judge Juan Flavier.

SEN. ORETA. Madam Witness, isa lang po ang tanong ko sa inyo.

MS. BAUTISTA. Opo.

SEN. ORETA. Today is December 21, the year 2000. Puwede ko ho bang malaman kung mayroon pang outstanding balance itong account ni Yolanda Ricaforte?

MS. BAUTISTA. Mayroon po, Your Honor.

SEN. ORETA. Puwede ho bang malaman kung magkano iyong balance na iyon?

MS. BAUTISTA. Nasa listahan ko po ngayon at ito’y hindi pa updated. Ang nandito po ang kanyang outstanding balance as of November 29, 2000. It is P2 million.

SEN. ORETA. Two million. Ito ho bang P2 million na ito ay P2,052,698?

MS. BAUTISTA. Two million fifty two…Opo.

SEN. ORETA. Ganun pa rin ho ba ang balanse as of today?

MS. BAUTISTA. As of today, ito po ay nagkaroon na ng interest nang dumaang araw.

SEN. ORETA. Nadagdagan pa ho.

MS. BAUTISTA. Opo, nadagdagan na po ito.

SEN. ORETA. Mr. Chief Justice.

THE PRESIDING OFFICER. Yes, you may proceed, Your Honor.

SEN. ORETA. I would like to make the manifestation again, like what I did yesterday, and I followed your advice to look over the transcript, and we went over the transcript. If the Court is interested, it is on pages 65 and 66 of December 19, wherein the branch manager, Mrs. Nantes, said that there was an outstanding balance as of that time of P6 million. And then today we found out there is an outstanding balance of about P2 million plus in their branches and it seems that these funds are already being shown as leading to jueteng money. I was just wondering if this Impeachment Court has any jurisdiction, or if none, if we can just ask other government agencies for the government to take over this money considering that it came from jueteng money. I am asking, Mr. Chief Justice.

THE PRESIDING OFFICER. The Presiding Officer is not prepared to answer the question because, definitely, there should be certain procedures before the intended purpose may be achieved.

SEN. ORETA. Yes. May I ask if the Impeachment Court can ask other government agencies to go over the balances so that the government can at least have use for this money?

THE PRESIDING OFFICER. Perhaps the Court, in an executive session, may consider the suggestion. But the Chair regrets that it cannot make any ruling at this time nor at any time later unless after a caucus shall have been considered in relation thereto.

SEN. ORETA. I see. So thank you, Mr. Chief Justice. We were just trying to preserve…. At least we were trying to preserve the money that is under the Equitable Bank because it is there only under the jurisdiction of the legal counsel of Equitable Bank.

Thank you.

THE PRESIDING OFFICER. Thank you, Your Honor.

SEN. ORETA. Thank you, Mrs. Witness.

MS. BAUTISTA. Thank you.

THE PRESIDING OFFICER. The Chair recognizes now the honorable Senator-Judge Juan Flavier.

SEN. FLAVIER. Mr. Chief Justice, may I ask one small question of the witness.

THE PRESIDING OFFICER. It can be bigger.

SEN. FLAVIER. Yes, thank you.

Mrs. Bautista, huwag po kayong hihimatayin sapagkat ito po’y simple lang na tanong.

MS. BAUTISTA. Opo, Your Honor.

SEN. FLAVIER. Sa dorsal side ng cashier’s check na “LLL-3-Q” which is the check for P77 million, mayroon pong marka doon sa lugar na iyon, puwede po bang sabihin ninyo sa amin, kung masasabi n’yo, dahil sa ito’y indikasyon kung saan idi-deposit kung anong bangko iyon?

MS. BAUTISTA. Opo, Your Honor, kukunin ko lang po iyong records, Your Honor, wala po akong kopya.

SEN. FLAVIER. Sige po.

THE PRESIDING OFFICER. Show the record, if available.

SEN. FLAVIER. Ito po’y sasagot din sa tanong ni Senator Magsaysay yata kanina na gusto niyang tuntunin kung saan po napunta.

THE PRESIDING OFFICER. It is related to that.

MS. BAUTISTA. Your Honor, wala po kaming kopya dito noong cashier’s check na ni-negotiate na po, Your Honor. Ang narito po ay duplicate copy of the application, Your Honor.

THE PRESIDING OFFICER. Can the prosecution help the witness? Had the prosecution marked earlier the returned cashier’s check?

SEN. FLAVIER. Ang alam ko po ay mayroon ng marked “cancelled check” at sa likod nga noong “LLL-3-Q”, doon mayroong stamp indicator of where it was deposited.

THE PRESIDING OFFICER. Prosecutor Moreno, can you show to the witness the original document already marked as exhibit–

REP. MORENO. Yes, Your Honor.

THE PRESIDING OFFICER. –the exhibit number indicated by the Honorable Flavier. [Pause] Do you have it now?

REP. MORENO. Your Honor, this is one of the checks where the originals were not delivered, but this is the same check which was testified to by Mr. Frank Yap of Philippine Clearing House. I understand the exhibit number is “W” or “XYZ”, Your Honor.

Let me look, Your Honor, with your indulgence.

THE PRESIDING OFFICER. Yes, go over it and let the witness be confronted on the basis thereof. An exhibit identified by the president of the clearing house?

SEN FLAVIER. Masyado na po yatang matagal ang Kamera sa mukha ko. Mukhang two minutes na po, in aid of reelection. Salamat po.

THE PRESIDING OFFICER. We will deduct that period of time, Your Honor.

REP. MORENO. If, Your Honor, please. If we can…..

THE PRESIDING OFFICER. There is no question yet. The timekeeper should deduct that period from the two minutes.

Atty. Navarette here had indicated Exhibit “BB-2”. Try to look over Exhibit “BB-2”, the original thereof, if that would be the document in question.

REP. MORENO. That is, indeed, Your Honor, but it is not in the possession now of the Clerk of this honorable Court.

THE PRESIDING OFFICER. The copy of Atty. Navarette is not even very legible, but he had a double vision, so he was able to see that it could be the one referred to.

Atty. Navarette, you can have yours.

Would the honorable Senator-Judge Flavier have any other question, so while the Prosecution will be looking for that particular document we can proceed to other points?

SEN. FLAVIER. The two minutes exposure in the camera is enough, Mr. Chief Justice.

THE PRESIDING OFFICER. Are you withdrawing then the question?

SEN. FLAVIER. No. I am just bothered that it is taking too much time, and I can wait for the answer later.

THE PRESIDING OFFICER. I see. Okay. Well and good then.

SEN. FLAVIER. Even off-camera would be all right, Mr. Chief Justice.

THE PRESIDING OFFICER. Thank you very much, Your Honor.

So, I think nobody else would be asking questions. The honorable Senator-Judge Enrile; and after that, anyone else would make a reservation? So we will close after that.

SEN. ENRILE. Mr. Chief Justice, I just want to test the recollection of this lady witness. I am amazed that her memory, considering that the events she testified to in this Court happened more than a year ago.

And so, I would like to find out, Lady Witness, did you confer with the Prosecutors before you testified here?

MS. BAUTISTA. Sorry, Your Honor.

SEN. ENRILE. Did you confer with the Prosecutors before you testified here?

MS. BAUTISTA. The Prosecutors, Your Honor?

SEN. ENRILE. Yes.

MS. BAUTISTA. Yes, Your Honor.

SEN. ENRILE. How long?

MS. BAUTISTA. For how long?

SEN. ENRILE. Yes.

MS. BAUTISTA. Several days, Your Honor.

SEN. ENRILE. Several days. And your recollection of the events were the product of your reeducation of the facts as they happened, at the time they happened.

MS. BAUTISTA. The conference were made for all the documents, the documents needed, they need.

SEN. ENRILE. And your reconstruction of your conversation with your depositor were also a product of your reeducation of what happened, regarding what happened when they happened.

MS. BAUTISTA. Not all, Your Honor.

SEN. ENRILE. Which one was a reeducation and which one was not?

MS. BAUTISTA. As to the opening of the accounts, Your Honor.

SEN. ENRILE. But the conversation with the depositor was a reconstruction of what you thought were the conversations when they happened?

MS. BAUTISTA. Yes, Your Honor.

SEN. ENRILE. Did you go to your office last Monday?

MS. BAUTISTA. Sorry, Your Honor?

SEN. ENRILE. Did you go to your office last Monday?

MS. BAUTISTA. Last Monday is … What day is last Monday, 18? We are here, Your Honor. We were summoned here. We were staying at the holding room, Your Honor.

SEN. ENRILE. When were you last in your office performing your job?

MS. BAUTISTA. In my office?

SEN. ENRILE. Yes.

MS. BAUTISTA. I have been here for….My last… everyday I am in my office except in the afternoon, Your Honor.

SEN. ENRILE. Last week?

MS. BAUTISTA. Last week I was in my office, Your Honor.

SEN. ENRILE. Monday last week, who was your first caller?

MS. BAUTISTA. Monday last week, I can’t remember. It’s December 11, Your Honor?

SEN. ENRILE. I don’t know. I am just talking of Monday last week.

MS. BAUTISTA. Monday last week, we were in the head office, Your Honor.

SEN. ENRILE. Who was your first caller in your office?

MS. BAUTISTA. My first caller is my husband, Your Honor. [Laughter]

SEN. ENRILE. And what was your conversation with your husband?

MS. BAUTISTA. You need to know, Your Honor? [Laughter]

SEN. ENRILE. Of course, I would like to know.

MS. BAUTISTA. It was a personal conversation, Your Honor.

SEN. ENRILE. And who was your last caller?

MS. BAUTISTA. My last caller was my daughter, Your Honor.

SEN. ENRILE. Thank you. You are very good. You have good memory.

MS. BAUTISTA. Thank you, Your Honor.

THE PRESIDING OFFICER. Thank you very much. Madam witness Rosario Bautista is now excused from the witness stand and thank you for your cooperation.

MS. BAUTISTA. Thank you, Your Honor.

THE PRESIDING OFFICER. Next witness for the prosecution. Yes, Atty. Mendoza.

MR. MENDOZA. Mr. Chief Justice, earlier, Senator-Judge Defensor Santiago suggested a possible stipulation. I would like to explore the possibility of a stipulation which goes farther than that and which, perhaps, will save the time of the Court and expedite proceedings.

We would like to explore the possibility, if the Prosecution would consider, of stipulating not only as to the testimony of a witness but that the transactions reflected in the document identified by the witness actually took place.

THE PRESIDING OFFICER. Many things can really be the subject of stipulation if only the parties would exert extra effort and patience to arrive at certain facts which they really could admit and submit the same to the Court to save the time of the Court as well as of the parties. I hope that you really would not only explore the possibility but to eventually submit the stipulation of facts. The Chair has no doubt that you can agree on many points.

MR. MENDOZA. For example, what I was suggesting, if all of these deposit slips are intended to show the fact of a deposit, we can stipulate on the fact of the deposit. On the fact of withdrawal, we can stipulate on that. In short, we are willing to stipulate that all the transactions reflected in the various documents identified by the witnesses actually took place so as to dispense with the testimonies of these witnesses.

THE PRESIDING OFFICER. As the Presiding Officer had observed on the basis of the testimony of Madam Rosario Bautista, if the testimony of the other branch managers, I think five more, would be almost of the same nature, you could reduce the time of the Court to the extent of 75%.

And so, if you can just cooperate with the Court, we will reduce the number of hours for these other five witnesses to the extent of 75%.

REP. MORENO. Mr. Chief Justice.

THE PRESIDING OFFICER. Yes, Prosecutor Moreno.

REP. MORENO. Indeed, Mr. Chief Justice, you may have recalled, the focus was more on what happened between Mrs. Ricaforte.

THE PRESIDING OFFICER. Even then. Even with that focus alone, that would only be the 25%. That is why I said 75% can be agreed upon. And now on the focus on these points, only the remaining 25%, and that is the observation of the Presiding Officer.

REP. APOSTOL. Well, Mr. Chief Justice, if you can give us time to confer with our co-prosecutors. However, some Senator-Judges says that they would like to observe the demeanor of these witnesses.

THE PRESIDING OFFICER. Yes, on the remaining 25%

REP. APOSTOL. So we will be happy.

THE PRESIDING OFFICER.
which would be the subject of an open…. There will be no limit to the…except the two-minute rule for each member of the Impeachment Court. With the remaining 25%

which should be testified on by the witness, then I am sure the

members of the Tribunal will be able to know, in light of the earlier testimony of Bautista, as to what other areas may be explored in the interpellations or examination by the members of the Tribunal.

REP. APOSTOL. Mr. Chief Justice, during the recess, we will discuss among ourselves on what area will be…

THE PRESIDING OFFICER. Yes. The Chair would welcome that and the Court, I am sure, would welcome that effort.

THE SENATE PRESIDENT. Mr. Chief Justice.

THE PRESIDING OFFICER. Yes. The Senate President, in the meantime, is recognized.

THE SENATE PRESIDENT. This is actually on a peripheral matter, Mr. Chief Justice, and concerns an interview that Prosecutor Moreno gave to media yesterday where there was an insinuation that the documents which were unsealed yesterday from the sealed envelope coming from Equitable PCI Bank were allegedly or–there were insinuations that they were tampered. I’d like to find out from Prosecutor Moreno if he is attributing the tampering to the Impeachment Court?

REP. MORENO. Mr. Chief Justice, Your Honor, Mr. Senate President-Judge, certainly there was no statement nor insinuation nor any intimation that the Senate as an Impeachment Court or as a legislative body was involved in any way in any tampering, if there was any. And if there may have been any suggestion, I would beg for the indulgence of the honorable Court, Your Honor.

Thank you, Mr. Chief Justice.

THE PRESIDING OFFICER. In addition to that, during the marking or rather, during the marking of the documents taken out from the sealed envelopes, the Chair allowed the representatives of the Prosecution and the Defense to make some comments. The comments were clearly intended just for the record before the documents will be put back to the envelope and to be sealed again.

Unfortunately, there were also comments later on to the effect of alleged doctoring or what. It might not be fair to the Court if counsel will make evaluations or pronouncements thereon not to the Court but outside the Court because it might reflect upon the dignity of the Court itself. And it is I think the responsibility and duty of Prosecutors and Defense counsels as officers of the Court, to observe strictly, and faithfully and religiously the canons or rather the Code of Professional Responsibility as to the duties and obligations of the lawyers. The Court will consider the Prosecutors and the Defense here as officers of the Court. And therefore, they should be bound by the canons of the Code of Professional Responsibility.

The Majority Leader.

THE MAJORITY LEADER. Mr. Chief Justice, at this point may I move for a 20-minute suspension.

THE PRESIDING OFFICER. Before the Chair would act on that, the request of the Prosecution and the Defense to meet and to probably explore, to make, to consider the possibility of stipulation of facts may be done by them during that period. And also before doing that, the Chair, the Presiding Officer will approach the lawyers there to show to them a draft of a subpoena ad testificandum et duces tecum, the form. This will be a new form in conformity with the earlier agreement.

And so if you will agree on this, this will be the form which will be issued by the Presiding Officer in all succeeding applications for subpoena duces tecum.

THE MAJORITY LEADER. Mr. Chief Justice, since the parties may need a little more time, perhaps, a 30-minute break would be more appropriate.

THE PRESIDING OFFICER. Probably, a 30-minute break to include already the caucus with the Presiding Officer.

Yes, the honorable Senator-Judge Miriam Defensor Santiago.

SEN. DEFENSOR SANTIAGO. Mr. President, may I please be allowed to instruct the Secretary General of the Senate, as, in effect, the Clerk of our Impeachment Court, to furnish every Senator-Judge of the Impeachment Court a copy of the Code of Judicial and Professional Responsibility, Philippine version.

THE PRESIDING OFFICER. The Secretary is so instructed to comply with the request.

The Majority Leader now. Are you reiterating the motion?

SUSPENSION OF TRIAL

THE MAJORITY LEADER. Yes, I reiterate my motion for a 30- minute suspension.

THE PRESIDING OFFICER. Any objection? There being none, the trial is suspended for 30 minutes.

The Chair would like to request the Prosecution and the Defense to meet the Chief Justice near the witness box.

It was 3:40 p.m.

THE TRIAL WAS RESUMED AT 4:25 P.M.

RESUMPTION OF TRIAL

THE SERGEANT AT ARMS. Please all rise. The Honorable Hilario G. Davide Jr., Chief Justice; and the Honorable Aquilino Q. Pimentel Jr., Senate President.

THE PRESIDING OFFICER. The trial is now resumed.

The Court would like to hear from the parties what happened during the caucus that they had at the time when the trial was suspended. One, on the matter of the possibility of stipulation of facts on matters which may be the subject of the testimony of four other branch managers of branches of the PCI-Equitable Bank; and secondly, on the draft of the subpoena duces tecum.

REP. APOSTOL. First, on the subpoena duces tecum, Mr. Chief Justice, we are still studying the form. Our problem, Mr. Chief Justice,

I think we will be requesting for modification of the previous agreement because if it is in open court, there is no need for us to state relevancy and materiality because that can easily be objected. So if we request for subpoena and subpoena duces tecum and the witness will testify in open court for us to state there the relevancy and materiality, I think it is not in accordance with the rules.

THE PRESIDING OFFICER. Since it is indeed for the production of certain documents, there is still the necessity of establishing the relevancy and materiality because that will be part of the offer.

REP. APOSTOL. Yes, Mr. Chief Justice, but….

THE PRESIDING OFFICER. Yes, in other words, there is no need to modify the previous agreement that the request should contain the purposes and the materiality of the desired documents. It is in the application because the application will be deemed referred to in the subpoena duces tecum to be issued later.

Anyway, since you need a little time, the Presiding Officer will give you time for that. And there is also an observation by the counsel for the Defense, Atty. Mendoza, on the possibility of modifications of some of the items proposed in the draft.

MR. MENDOZA. On the part of the Defense, Your Honor, we are prepared to accept the draft, except the clause “and all other documents” which we feel, in accordance with the previous agreement, should no longer be part.

THE PRESIDING OFFICER. That is a correct observation because we agreed already that we should avoid the use of this “catchall” or “shotgun allegation” on a request for documents.

REP. MORENO. Mr. Chief Justice.

THE PRESIDING OFFICER. Yes, Prosecutor Moreno.

REP. MORENO. On the part of the Prosecution, Mr. Chief Justice, we will try as much as we could to avoid using general phrases. However, we should note that many of these forms have different

names depending on the bank, although they do have generic terms,

Mr. Chief Justice.

And the second point is that with respect to our motion for request for inspection and production of documents with respect to the Pacific Star and Strata branches of Equitable Bank, Mr. Chief Justice, we are afraid that we may not be able to have these documents sent to the Senate given that there may be some examination or inspection of computers, Mr. Chief Justice. So….

THE PRESIDING OFFICER. Inspection of what?

REP. MORENO. Inspection and production of documents,

Mr. Chief Justice.

THE PRESIDING OFFICER. Yes.

REP. MORENO. There may be a need, in fact, we are afraid that there may be a need, Mr. Chief Justice, that this thing be done at the branch or branches concerned.

THE PRESIDING OFFICER. Well, you can probably consider that as an exception. Now, we were only trying to propose the general form to avoid further debate on the issue. If there are instances where the possibility of a modification would become necessary, you can make the appropriate application therefore for a modification of the form, but it is always with due notice to the other party.

REP. MORENO. Yes, indeed, Mr. Chief Justice, because I notice that in the draft, all these documents are supposed to be delivered to the Senate. So, probably, this is one area where…

THE PRESIDING OFFICER. That is why, as I said, because that was the agreement– it should be delivered to the Senate Secretary for premarking. So it is indicated, the hour is indicated for the premarking.

The item that you have in mind is entirely different. And as I said, the Court will not hesitate to allow some kind of modification if it is really… there are compelling reasons for that.

REP. MORENO. Thank you very much, Mr. Chief Justice.

THE PRESIDING OFFICER. And how much time would you need within which to submit the proposed modification for the general subpoena duces tecum? Until tomorrow?

REP. MORENO. Yes, Mr. Chief Justice. In fact, they are now compiling these.

THE PRESIDING OFFICER. Yes. The Court would highly appreciate that if it can even be done immediately after the suspension of the session for this evening or perhaps, tomorrow morning so the Presiding officer will also be given a little time to collate the recommended modifications and to be able to arrive at a possible compromise which would be acceptable to both later in the afternoon.

MR. MENDOZA. On our part, we have no other suggestion other than what I have already made.

THE PRESIDING OFFICER. So I only await the proposed modifications still under study from the Prosecution.

So the second…..Another witness now?

REP. APOSTOL. Our last witness, Mr. Chief Justice, is

Mrs. Sharika Yu. Not last, next witness is Shakira Yu.

THE PRESIDING OFFICER. Where is the witness?

REP. APOSTOL. It is Mrs. Shakira Yu. She is the branch manager–

THE PRESIDING OFFICER. Well, anyway, we will get the correct name of the witness as soon as she is produced and qualified.

REP. APOSTOL. –Pedro Gil, Robinsons branch of Equitable Bank.

THE PRESIDING OFFICER. Bring in the witness.

Madam Witness, remain standing for the administration of the oath. The Secretary should administer the oath now on the witness.

THE SECRETARY. Please raise your right hand and kindly answer me.

You, SHAKIRA YU, do swear that the evidence you shall give in the case now pending between the Philippines and Joseph Ejercito Estrada, President of the Philippines, shall be the truth, the whole truth and nothing but the truth, so help you, God?

MS. YU. I do.

THE PRESIDING OFFICER. You may now make yourself very comfortable in that chair, Madam Witness.

Prosecutor Moreno.

REP. MORENO. Thank you, Mr. Chief Justice.

THE PRESIDING OFFICER. Get the correct name of the witness now.

REP. MORENO. Shakira Yu, Mr. Chief Justice.

Before I begin, Mr. Chief Justice, may I suggest the stipulation which the honorable Court, the Presiding Officer had earlier mentioned. We would like to request that we stipulate that with respect to Pedro Gil Robinsons branch of which the witness is the manager and was the manager at the time the relevant transactions took place, Mrs. Yolanda T. Ricaforte made…..This is Exhibit “LL-4”, Mr. Chief Justice.

THE PRESIDING OFFICER. There was a proposal before during the caucus as suggested by Atty. Mendoza. If you will just follow that proposal, it might even be faster for purposes of stipulation.

REP. MORENO. Okay then, Mr. Chief Justice.

Mr. Chief Justice, again, the purpose of our presenting the testimony of Ms. Shakira Yu is to establish, to authenticate the signature of Mrs. Ricaforte, to identify said depositor and to testify on the circumstances: in the opening of the accounts, the deposits and withdrawals, and the purchase by Mrs. Ricaforte of Cashier’s Check

No. 0226-000949 dated April 13, 2000, payable to cash in the amount of P11 million, Mr. Chief Justice.

Ms. Witness, can you please tell the honorable Court your name and your personal circumstances?

MS. YU. I am Shakira Yu, 31 years old, and presently the Branch Manager of Equitable PCI Bank, Pedro Gil, Robinson’s Branch.

REP. MORENO. I am showing to you….

THE PRESIDING OFFICER. Is it the understanding of the Court that you will have the same examining counsel and assisting Counsel and cross-examining counsel and assisting cross-examining Counsel?

REP. APOSTOL. Mr. Chief Justice, we will have the same examining Counsel and the same assisting counsel.

THE PRESIDING OFFICER. The same manifestation for the Defense?

MR. FLAMINIANO. Mr. Chief Justice, we have the same manifestation for the Defense.

THE PRESIDING OFFICER. Meaning, you as the cross-examining counsel–

MR. FLAMINIANO. Yes, Mr. Chief Justice.

THE PRESIDING OFFICER. –and the assisting counsel, Atty. Verzola?

MR. FLAMINIANO. Yes, Mr. Chief Justice.

THE PRESIDING OFFICER. You may now proceed, Prosecutor Moreno.

REP. MORENO. Thank you very much, Mr. Chief Justice, Your Honors.

Now, Miss Witness, I am causing to be shown to you Exhibit “LLL-4”…

THE PRESIDING OFFICER. Show the documents, the marked documents, the original.

REP. MORENO. Yes, Your Honor.

THE PRESIDING OFFICER. The Majority Leader first is recognized, with the permission of Prosecutor Moreno.

THE MAJORITY LEADER. Mr. Chief Justice, before that, all we heard was the name and we didn’t hear the address and the other personal circumstances. Maybe Counsel would want her to tell us a little bit more about herself.

REP. MORENO. Thank you very much, Mr. Majority Leader.

I also heard somebody at my back asking whether the witness is single

or married.

MS. YU. I am married, Your Honor, and I am a resident of 310 Buenavida Homes, Merville, Parañaque.

REP. MORENO. And you are the Branch Manager of Pedro Gil’s Robinson’s Branch of Equitable PCI Bank?

MS. YU. Yes, Your Honor.

REP. MORENO. And since when did you become the manager of that branch?

MS. YU. Since it opened last August 1997.

REP. MORENO. And how long have you been in the banking industry?

MS. YU. Since 1990, Your Honor.

REP. MORENO. You were connected with what bank?

MS. YU. I am connected with Far East Bank & Trust Company and with International Exchange Bank before, Your Honor.

REP. MORENO. Now, I am showing to you Exhibit “LLL-4”.

It is a one-page document that shows the name of the branch, the

account name, the date when opened, and the transactions with respect to deposits as well as withdrawals.

Do you confirm that these transactions, as contained, listed in this one-page Exhibit, “LLL-4”, are true and correct?

MS. YU. Yes, Your Honor.

REP. MORENO. I am showing to you the original copy of Savings Account Opening Form. “Account Name: Yolanda Ricaforte.” This is “LLL-4-U”. Would you like to tell the honorable Court what this is all about?

MS. YU. This is the Regular Savings Account Specimen Signature Card of Miss Yolanda Ricaforte, with Savings Account

No. 0276-02029-3, with opening date January 6, 2000.

REP. MORENO. And whose signatures are these? There are three signatures, below the words “authorized signatures”.

MS. YU. Your Honor, these are the signatures of Ms. Yolanda Ricaforte.

REP. MORENO. Mr. Chief Justice, if the Defense panel would be willing to stipulate that all these specimen signature cards had indeed been signed by Mrs. Yolanda T. Ricarforte, the account owner, and that Yolanda T. Ricaforte was known to the managers of these branches at the time these accounts were opened.

MR. MENDOZA. I would be willing not to ask any question relating to that, Mr. Chief Justice.

THE PRESIDING OFFICER. Any comment thereon,

Atty. Mendoza?

MR. MENDOZA. We are willing to stipulate beyond that, Your Honor. We are willing to stipulate that all of the transactions referred to in these exhibits which this witness has identified all took place.

THE PRESIDING OFFICER. Meaning you are willing to stipulate as…..

MR. MENDOZA. As reflected in the documents.

THE PRESIDING OFFICER. Meaning, you are willing to stipulate as proposed and you would even go beyond that?

MR. MENDOZA. Yes, Your Honor.

THE PRESIDING OFFICER. Do you agree beyond that, Attorney-Prosecutor Moreno?

REP. MORENO. Well, we would appreciate that. We certainly appreciate, that Mr. Chief Justice, and if I may add one more thing, if the Defense panel would be willing to accept, that the Mrs. Yolanda Ricaforte that the witness knows as the owner of this account is the same Yolanda Ricarforte who appeared during the Blue Ribbon Committee hearings.

MR. MENDOZA. Not during the Blue Ribbon Committee but as a witness for the Prosecution and who appeared before the Senate Impeachment Court.

THE PRESIDING OFFICER. Do you agree as modified?

REP. MORENO. I agree, Mr. Chief Justice.

THE PRESIDING OFFICER. The stipulation proposed by the Prosecutor and the other items even beyond that as qualified later on have been agreed upon by the parties. And so, you can go to other points now, Prosecutor Moreno.

REP. MORENO. Thank you very much, Mr. Chief Justice.

Now, with respect to the opening of the account, how many accounts did Mrs. Ricaforte open with Pedro Gil, Robinson’s Branch?

MR. MENDOZA. I think that’s covered by the stipulation already. We just count how many account….

THE PRESIDING OFFICER. Already covered.

REP. MORENO. Okay. The initial deposit was in the amount of P6 million. Were there any discussions between you and Mrs. Ricaforte with respect to that initial deposit?

MS. YU. Yes, Your Honor.

REP. MORENO. And what took place during those discussions?

MS. YU. I asked her what her business are and she told me that she’s connected with Fil-East Travel, which is located at the Second Floor of Manila Midtown just in front of my branch. And she said that that’s–the money came from a proceed of a sale of property.

REP. MORENO. In that regard, Your Honors, I’d like to manifest that Exhibit “LLL-4-U”, the address is care of Fil-East Travel and Tours, 207 Manila Midtown Hotel.

THE PRESIDING OFFICER. Make it of record.

REP. MORENO. “LLL-4-U” is the specimen signature card for Savings Account No. 0276-02029-3. And aside from being involved

with Fil-East Travel and Tours, what other businesses, if any, did

Mrs. Ricaforte tell you that she was engaged in?

MS. YU. Wala na po, Your Honor. ‘Yon lang, she’s connected with Fil-East Travel.

REP. MORENO. The initial deposit was in cash, P6 million. Did she tell you what the money, or where the money come from?

MS. YU. Sabi po niya, proceed ng sale of property.

REP. MORENO. And then when the deposits, the check deposits were made, these were dated January 13, Metro Ayala Check No. 1584, P2,965,000; January 25, PNB Check No. 16143, P1,540,000; March 1, 2000, Metro Ayala Check No. 1669, P1,340,000. Were these checks deposited personally by Mrs. Ricaforte?

MS. YU. Yes, Your Honor.

REP. MORENO. And who did she see in your branch with respect to these additional check deposits?

MS. YU. Ako po, Your Honor, and the other cash officer ang nag-assist po sa kaniya.

REP. MORENO. And then what happened when you attended to her? Did you ask any questions with respect to these deposits?

MS. YU. Wala po, Your Honor. During na ginagawa niya itong check deposit, masyado pong maraming transaction sa branch. At hindi po siya nagtatagal sa branch every time na magtse-check deposit siya.

REP. MORENO. And aside from the current and savings

and SSA accounts, what other accounts, if any, did Mrs. Ricaforte

open with you?

MS. YU. Your Honor, wala po siyang current account sa branch ko po. Mayroon po siya regular savings account. And from that regular savings account po, gusto niya ng mas mataas na interest. Nag-place po siya sa special bills na RRIP, and then pagkatapos noon, nag-place po siya sa special savings din.

REP. MORENO. Can you explain…. I am showing to you Exhibit “LLL-Y-N.” This is a certificate of Participation without Recourse in the amount of P8,900,000 in the name of Mrs. Yolanda Ricaforte. Would you like to tell this honorable Court what this is all about?

MS. YU. Ito po iyong P8,900,000 na pinlace ni Mrs. Yolanda Ricaforte sa Reverse Repurchase Agreement namin.

REP. MORENO. Magkano ang interest rate nitong instrument

na ito?

MS. YU. Eight point five gross po, Your Honor.

REP. MORENO. Magkano iyong interest rate sa savings account?

MS. YU. Two percent po, Your Honor.

REP. MORENO. I am sorry, Your Honor, the exhibit number is “LLL-4-N.” That is the exhibit number of the special bill placement. “LLL-4-N,” Norway. “N” as in Norway.

So, on April 30, 2000, Mrs. Ricaforte bought from your branch cashier’s check P11 million, No. 0226-000949, payable to cash. Can you please tell the honorable Court the circumstances with respect to that transaction?

MS. YU. Your Honor, nagpunta po siya sa branch at sinabi niya na gusto niyang i-take out iyong P11 million at mag-a-apply siya ng cashier’s check or manager’s check, payable to cash, amounting to P11 million.

REP. MORENO. So, ano ang nangyari after that?

MS. YU. I informed her about the risk of applying a manager’s check payable to cash. But she submitted or she signed a Letter of Undertaking for the manager’s check payable to cash. And she said that she is going to use that money to buy a property.

REP. MORENO. And did you agree to issue the cashier’s check?

MS. YU. Yes, Your Honor, dahil nag-submit po siya ng Letter of Undertaking.

REP. MORENO. Who cleared that transaction? Did somebody clear that transaction aside from yourself?

MS. YU. Dalawa po iyong pumirma sa manager’s check. Ako po at saka iyong isang cash officer.

REP. MORENO. And then, kanino mo ibinigay iyong cashier’s check?

MS. YU. Sa kaniya po mismo, Your Honor.

REP. MORENO. And this was payable to cash?

MS. YU. Opo, Your Honor.

REP. MORENO. And in-acknowledge niya na natanggap niya iyon?

MS. YU. Opo, Your Honor.

REP. MORENO. Now, on October 5,2000, under this Exhibit “LLL-4”, there is a second withdrawal in the form of cash, in the amount of P240,000. Sino ba ang nag-withdraw nito?

MS. YU. Siya po mismo, Your Honor.

REP. MORENO. Again, you attended to her on this?

MS. YU. Opo, Your Honor.

REP. MORENO. Leaving the balance of her accounts in the amount of P631,000. So, were you worried that the balance was getting thinner with these two withdrawals?

MS. YU. Hindi naman po masyado, Your Honor.

REP. MORENO. Tinanong mo ba siya if….?

MS. YU. Sinabi po niya, ibabalik niya after a while.

REP. MORENO. That’s all for the witness, Your Honor.

MR. MENDOZA. The Defense has no cross-examination.

THE PRESIDING OFFICER. Thank you. From the members of the Impeachment Court, anyone who would like to ask questions? The honorable Senator-Judge Cayetano. And after him, anybody else? The honorable Judge Biazon later on.

SEN. CAYETANO. Miss Yu, madali lang po itong tanong ko. Sabi ninyo, nang tinanong ninyo si Mrs. Ricaforte kung saan siya nagtratrabaho o kunektado ay sa Fil-East Travel?

MS. YU. Yes, Your Honor.

SEN. CAYETANO. Tinanong ba ninyo kung anong posisyon niya roon?

MS. YU. Hindi po, Your Honor. Pero sabi po niya, sister-in-law niya iyong may-ari.

SEN. CAYETANO. Okay. Nakita mo si Mrs. Ricaforte doon sa hearing ng Blue Ribbon Committee ng Senado?

MS. YU. Opo, Your Honor. Napanood ko po siya.

SEN. CAYETANO. Siya ba iyong nakita mo roon, at iyong pumirma dito sa mga signature cards ay pareho?

MS. YU. Siya po, Your Honor.

SEN. CAYETANO. Di narinig mo rin na sinabi ni Ricaforte ang kanyang employer ay si Gov. Chavit Singson, hindi ba?

MS. YU. Sabi po niya, Your Honor.

SEN. CAYETANO. Pero sabi niya, kunektado pa siya sa Far East?

MS. YU. Fil-East po, Your Honor.

SEN. CAYETANO. Oo, sa Fil-East, no? O, anong naging opinyon mo nang marinig mo na sabi niya sa Blue Ribbon ang employer niya si Chavit Singson, pero dito sa application sa iyo, ang sabi sa iyo ang business niya ay kunektado siya sa travel agency at dito sa Far

East Travel?

MS. YU. Noong nakita ko po siya sa Senate Blue Ribbon saka sa mga newspapers, nagulat na lang po ako, Your Honor, kasi ang alam ko po connected siya sa Fil-East. Pero noong nagdedeposito po kasi siya ng tseke, iyong tseke dito na Metro Ayala check is issued by Gov. Luis “Chavit” Singson.

SEN. CAYETANO. Nagpunta ka ba sa opisina ng Fil-East? Sapagkat kaharap mo lang iyon.

MS. YU. Yes, Your Honor.

SEN. CAYETANO. O, hinanap mo si Mrs. Ricaforte?

MS. YU. Yes, Your Honor. Tinawagan ko rin po iyong Fil-East, pero ang nakakasagot po sa akin iyong mga empleyado lang doon.

SEN. CAYETANO. Tinanong mo kung talagang kunektado si Mrs. Ricaforte roon?

MS. YU. Iyong sister-in-law niya once ko pa lang nakausap.

SEN. CAYETANO. Hindi. Pakisagot lang: Tinanong mo kung kunektado si Mrs. Ricaforte?

MS. YU. Hindi po, Your Honor.

SEN. CAYETANO. Hindi mo tinanong?

MS. YU. Hindi po, Your Honor.

SEN. CAYETANO. Doon sa pirma sa application signature card, noong makita ko mayroon yatang cellphone number doon?

MS. YU. Yes, Your Honor, mayroon po.

SEN. CAYETANO. Sino ho ang sumulat noon?

MS. YU. Ah, dinictate po niya doon sa cash officer namin. Ang sumulat noon iyong cash officer ko po.

SEN. CAYETANO. Pakisabi lang po kung ano iyong numero ng cellphone base roon sa rekord?

MS. YU. Your Honor, wala po akong kopya noong exhibit. Thank you. Iyong Exhibit No. “LLL-4-U,” ang cellphone number po na nakalagay doon ay 0918-902-1847.

SEN. CAYETANO. Tinawagan mo ba siya riyan pagkatapos noong hindi mo siya makita sa Fil-East?

MS. YU. Opo, Your Honor.

SEN. CAYETANO. Nakausap mo siya?

MS. YU. Nakausap ko po siya, Your Honor.

SEN. CAYETANO. Anong sabi niya?

MS. YU. Ang pinag-uusapan lang po namin, Your Honor, noong tinatawagan ko siya dito, tungkol doon sa rate ng special savings niya.

SEN. CAYETANO. Hindi, pagkatapos noong makita mo siya sa Blue Ribbon Committee?

MS. YU. Hindi ko na po siya nakakausap noon. Pagkatapos po niyang mag-withdraw ng P240,000.

SEN. CAYETANO. Hindi na rin siya bumalik sa inyo?

MS. YU. Hindi na rin po, Your Honor.

SEN. CAYETANO. Maraming salamat sa iyo, Ms. Yu.

MS. YU. Salamat din po, Your Honor.

THE PRESIDING OFFICER. The honorable Senator-Judge Biazon.

SEN. BIAZON. Thank you, Mr. Chief Justice. Ms. Yu, are you aware of Circular No. 251, series of 2000, from the Bangko Sentral ng Pilipinas?

MS. YU. Your Honor, 251 po?

SEN. BIAZON. Yes, 251.

MS. YU. Hindi po, Your Honor.

SEN. BIAZON. This is issued July 6, 2000. You are not yet aware of this?

MS. YU. No, Your Honor.

SEN. BIAZON. Then something is wrong. Anyway, I will shift my question. When Ms. Ricaforte walked in with P6 million, are you aware that….were you aware that Ms. Ricaforte did similar deposits in other branches of Equitable Bank?

MS. YU. No, Your Honor.

SEN. BIAZON. You are not. The initial deposit was January of the year 2000?

MS. YU. Yes, Your Honor.

SEN. BIAZON. Right. And according to other records and testimonies, Ms. Ricaforte did similar deposits in other branches of the….your bank? You were not aware of this?

MS. YU. I’m not aware, Your Honor.

SEN. BIAZON. Did you do any checking of the identity of Ms. Ricaforte as she was depositing an unusually large amount in cash?

MS. YU. No, Your Honor.

SEN. BIAZON. No. You did not check with other branches of your bank?

MS. YU. No, Your Honor.

SEN. BIAZON. Is this good banking practice?

MS. YU. Your Honor, based on my knowledge, wala po kaming policy na every time na may magdedeposito ng P6 million or any cash–

SEN. BIAZON. Yes, yes.

MS. YU. –na dapat po naming itanong sa ibang branch kung meron ding nagdedeposito ng….

SEN. BIAZON. Yes, I agree with you. But the circular from the bank requires the establishment of identification of depositors. Until Circular 251 was published, even before that there is already this requirement by law or by the circular of the Bangko Sentral ng Pilipinas. The question is: Did you, other than asking questions, try to establish the identity of the depositor?

MS. YU. In some instances, Your Honor, when she presented the California driver’s license, yes, Your Honor. And when she said that she’s connected with Fil-East Travel.

SEN. BIAZON. I ran out of time. But for the record, Mr. Chief Justice, my–

THE PRESIDING OFFICER. Yes, Your Honor.

SEN. BIAZON. –point is, this procedure of accepting deposits without having to thoroughly check the identity.

MS. YU. That would be the concern of the bank, Your Honor.

SEN. BIAZON. Yes. Thank you, Mr. Chief Justice. I will raise this again with the other witnesses.

THE SENATE PRESIDENT. Okay.

THE PRESIDING OFFICER. The witness is now excused. And thank you, Madam Witness.

MS. YU. Thank you, Your Honor.

THE PRESIDING OFFICER. Next witness for the Prosecution.

REP. APOSTOL. Our next witness is Mr. Vergel Pabillon, Branch Manager, Equitable PCIBank, T.M. Kalaw, Luneta Branch.

THE PRESIDING OFFICER. Call him in.

The same examining counsel and assisting counsel for the Prosecution and the same cross-examining and assisting counsel for the Defense?

REP. APOSTOL. Yes, Mr. Chief Justice. The same examining counsel and assisting counsel.

THE PRESIDING OFFICER. Thank you.

Mr. Witness, remain standing. The Clerk shall administer the oath to the witness.

THE SECRETARY. Please raise you right hand and kindly answer me.

You, VERGEL PABILLON, do swear that the evidence you shall give in the case now pending between the Philippines and Joseph Ejercito Estrada, President of the Philippines, shall be the truth, the whole truth, and nothing but the truth, so help you, God?

MR. PABILLON. I do.

THE PRESIDING OFFICER. Please sit down. Prosecutor Moreno.

REP. MORENO. Thank you very much, Mr. Chief Justice.

We are offering Mr. Vergel Pabillon to confirm the stipulation earlier made with respect to T. M. Kalaw, Luneta Branch, the transactions pertaining to this branch entered into by the depositor, Mrs. Yolanda T. Ricaforte. These transactions involved the deposit of PNB Cashier’s Check No. 7601. This is Exhibit “LLL-5”, Your Honor, the deposit of PNB cashier’s check, payable to cash in the amount of P10,007,777.78 and withdrawal in the form of cashier’s check payable to cash, dated April 13, 2000, in the amount of P11 million, and the withdrawal also in the form of a cashier’s check in the amount of P250,000, Your Honor.

The stipulation also includes the identity of the depositor. And Mr. Pabillon’s testimony will also cover the circumstances under which the accounts were opened, the deposits made, and the withdrawals were made. And these were again summarized in Exhibit “LLL-5” as well as the issuance of a cashier’s check for P11 million, or including, rather, the issuance of a cashier’s check for P11 million payable to cash.

Again, subject to the stipulation, Your Honor.

Now, Mr. Witness, could you please tell the honorable Court your name and your personal circumstances.

MR. PABILLON. I am…

REP. MORENO. Before I begin, Mr. Chief Justice, may I ask the Defense panel to confirm the stipulation, if it would be needed. Otherwise…

THE PRESIDING OFFICER. The stipulation had been made earlier.

MR. MENDOZA. We similarly stipulate that the transactions reflected in the exhibits confirmed by the witness as authentic took place.

THE PRESIDING OFFICER. You have the word of the Defense.

REP. MORENO. And also, again, Mr. Chief Justice, the identity of Mrs. Yolanda T. Ricaforte, the same Mrs. Yolanda T. Ricaforte who appeared in this Impeachment Court last week, is the same Mrs. Yolanda T. Ricaforte who had maintained accounts with the T. M. Kalaw, Luneta Branch of Equitable PCI Bank, Mr. Chief Justice.

MR. MENDOZA. We confirm that she would be the same Yolanda Ricaforte who came to this Impeachment Court as a prosecution witness.

THE PRESIDING OFFICER. The stipulations would be binding upon the parties.

REP. MORENO. Thank you very much.

Mr. Witness, could you please tell this honorable Court your name and personal circumstances.

MR. PABILLON. I am Vergel Pabillon, legal age, 49 years old, assigned as branch manager at T. M. Kalaw, Luneta Branch since

March 1997.

REP. MORENO. And how long have you been in the banking sector, Mr. Witness?

MR. PABILLON. Twenty-five years already, Your Honor.

MR. MORENO. And you have been a manager since when?

MR. PABILLON. Since 1985, Your Honor.

REP. MORENO. And in this branch, you were a manager since when?

MR. PABILLON. Like I said, I was assigned here in this branch last March 1997.

REP. MORENO. How many accounts did Mrs. Ricaforte open in your branch?

MR. PABILLON. Initially, she opened two accounts.

REP. MORENO. And then, after that?

MR. PABILLON. And after that, the third account was a continuation of the one which was closed under Special Savings Account.

REP. MORENO. And on February 8, 2000 when the initial deposit was made, did you attend to Mrs. Ricaforte?

MR. PABILLON. Yes, Your Honor.

REP. MORENO. And what were the circumstances that existed at the time the deposit was opened?

MR. PABILLON. When she approached my table, I asked her what did she want. So she told me she wants to open an account, and I asked her what kind of account: Savings Account and Time Deposit or Special Savings Account. And I asked my new accounts clerk to assist her in filling up the forms like, the account opening form and the two signature cards. And then, she presented a check for initial deposit in the amount of P10,007,077.78 plus an additional cash of–cold cash of P1,400,000.

REP. MORENO. Mr. Chief Justice, at this juncture, let me manifest that we have caused to be replaced Exhibit “LLL-33” with a clearer copy of the front and dorsal portions of the check. And we have…this has been premarked and distributed to the Defense panel as well as to all the Senator-Judges, and, of course, the Presiding Officer, Mr. Chief Justice.

THE PRESIDING OFFICER. Was the substitution done with the permission of the other counsel and the Clerk of the Senate?

REP. MORENO. Yes, Mr. Chief Justice.

THE PRESIDING OFFICER. You may go ahead now on the substitute document.

REP. MORENO. Mr. Witness, when the deposit was opened, Mrs. Ricaforte deposited this PNB check, Exhibit “LLL-33,” PNB Cashier’s Check No. 95-0000007601 dated February 7, 2000 payable to Mrs. Yolanda T. Ricaforte in the amount of P10,007,777.78. What is the relationship between that check which was initially deposited or deposited to you, with you and this Exhibit “LLL-33”?

MR. PABILLON. This was the check that Mrs. Ricaforte handed to me for her initial deposits, Your Honor.

REP. MORENO. And what did you do when you received the check?

MR. PABILLON. I asked her where this check came from and she told me this is a proceeds of her placement with PNB, as also, it is shown in the face of the check: “Proceeds of Peso Mint No. 07-02956,” Your Honor.

REP. MORENO. And these are found, Your Honors, below–at the middle of the check, Exhibit “LLL-33” were the words “Proceeds of Peso Mint No. 072-02956 appear.

And what questions, if any, did you ask Mrs. Ricaforte because it is fundamental in banking that a bank must know its depositors?

MR. PABILLON. I asked her if she is connected to any company. So, she told me she is connected at Fil-East Travel and Tours which is located or holding office at Manila Midtown Hotel, Manila.

REP. MORENO. And did you ask her about business, her family or any other circumstance that you felt had to be asked?

MR. PABILLON. When I start to request from her the identification card, which is a normal or first step in banking to identify the one who make deposits, she handed to me a driver’s license, California Driver’s License. And, I think, she told me she also goes to the United States. So, for me, California Driver’s License is a valid and a primary ID. So, I jot down the details of the ID, Your Honor.

REP. MORENO. And did you ask her about her family, her husband?

MR. PABILLON. No, Your Honor.

REP. MORENO. You don’t normally ask that of your depositors?

MR. PABILLON. No, Your Honor.

REP. MORENO. And were you aware at that time that Mrs. Ricaforte had opened accounts with Equitable PCI Timog branch, Equitable PCI Diliman-Matalino branch, Equitable PCI Pedro Gil Robinson’s branch?

MR. PABILLON. No, Your Honor.

REP. MORENO. Your were not aware of these deposits?

MR. PABILLON. I am not aware, Your Honor.

REP. MORENO. Did you ask her?

MR. PABILLON. No, Your Honor.

REP. MORENO. Is it not normal in account opening discussions that you would ask your depositor whether he or she maintains other accounts with other banks?

MR. PABILLON. Not in all cases.

REP. MORENO. And you did not ask, Mrs. Ricaforte?

MR. PABILLON. I did not ask her. Your Honor.

REP. MORENO. So you were contented with the California ID and her having told you that she was involved with Fil East Travel, is that correct?

MR. PABILLON. What I did is, considering that the check is P10 million, as added feature or protection on the part of the bank and also on the part of the client, I made a confirmation or verification from the issuer of the check which is PNB as shown in this document, Your Honor.

REP. MORENO. Your Honor, I am showing to you Exhibit “LLL-33-A”. Now, this document shows two things. One is, on top of the document is the dorsal portion of the check, the PNB Cashier’s Check, is that correct?

MR. PABILLON. Yes, Your Honor.

REP. MORENO. And there is a signature here so signed by Mrs. Ricaforte, is that correct? Just for the purpose of identity.

And below “LLL-33-A” are words, handwritten. Could you please explain to the Court why there are handwritten words on this Exhibit “LLL-33-A” and not on the dorsal portion of the check?

MR. PABILLON. These were the handwriting of my assistant manager whom I requested to do confirmation of the issuance of the check from PNB, Your Honor.

REP. MORENO. And what are those handwritings if you may read for the record?

MR. PABILLON. It is written here, “Confirmed with Miss Miradel Joven , Financial Account Specialist 2/9/2000.”

REP. MORENO. And who is this Miradel Joven?

MR. PABILLON. I think, she is the person in charge of the checks issued by PNB.

REP. MORENO. And what about the handwritings on the left portion of Exhibit “LLL-33-A”?

MR. PABILLON. It states here that “Confirmed signature with Eleodora Robles, Investment Specialist 2/9/2000.”

REP. MORENO. And in all the transactions entered into entered into by Mrs. Ricaforte with your branch, did she personally go to your branch?

MR. PABILLON. Yes, Your Honor.

REP. MORENO. Who attended to her in all of these transactions?

MR. PABILLON. The initial opening, I attended to her, together with my new accounts clerk and the investment clerk. So, we were three who attended to her, Your Honor.

REP. MORENO. How about her purchase of cashier’s check for P11 million made on April 13, 2000 payable to cash, Check No. 019L61146. Who attended to her?

THE PRESIDING OFFICER. Atty. Mendoza, what is your pleasure?

MR. MENDOZA. If Your Honor please, there does not seem to be any more need for stipulation because the Prosecutor is going through all of the transactions all over again. We had offered a stipulation with the view of abbreviating the proceedings. But if the Prosecutor is going through the same thing all over again, we will have to withdraw the proposed stipulation.

THE PRESIDING OFFICER. Perhaps the Prosecutor may have forgotten the last portion of the stipulation. You may allow him to ask that question.

REP. MORENO. If Your Honor please, I don’t think I deviated from the stipulation. But anyway, the relevant thing here, Your Honor, is that on April 13 Mrs. Ricaforte bought many–between April 12 and April 14– Mrs. Yolanda Ricaforte bought six cashier’s checks all payable to cash from six different branches of Equitable PCI Bank.

THE PRESIDING OFFICER. Is it not covered by the stipulation? The stipulation before was all the entries there and all the transactions enumerated earlier were admitted to have taken place.

REP. MORENO. Yes, Your Honor.

THE PRESIDING OFFICER. So, there seems to be no need to repeat a fact which had been admitted during the stipulation, or an entry already admitted during the stipulation. Just go to another point.

REP. MORENO. Yes, but we would like to know the circumstances under which what Mrs. Ricaforte told her or told the witness.

THE PRESIDING OFFICER. Then, directly address the circumstances. No longer that portion admitted in the stipulation.

REP. MORENO. I am sorry, Your Honor.

So, Mr. Witness, what were the circumstances with respect to the purchase made by Mrs. Ricaforte of cashier’s checks payable to cash for P11 million on April 13, 2000?

THE PRESIDING OFFICER. Do you understand the question?

MR. PABILLON. Can I have the question?

REP. MORENO. What happened on April 13 when

Mrs. Ricaforte applied for the issuance of a cashier’s check for P11 million payable to cash? Did you have any discussion with Mrs. Ricaforte?

MR. PABILLON. When she approached me, she told me she need already the P11 million which is placed on Special Savings Account. Then she requested me if she can have the manager’s check payable to cash. Initially, I told her we don’t normally issue manager’s check payable to cash for protection purposes. But she insisted, so I told her I have to request for an approval as far as the issuance of Manager’s check is concerned. And my request for approval was granted by my division head, Annie Ngo, and so I proceeded to her request in issuing a cashier’s check and I let her sign an undertaking as far as the issuance of Manager’s check is concerned, which she personally signed.

REP. MORENO. And what explanation, if any, did she make, did she give you, that she needed a cashier’s check payable to cash for P11 million?

MR. PABILLON. She told me she will use it. Then I didn’t inquire any further considering that P11 million…considering my branch is a big branch, P1.7 billion in deposit, so, it is just a normal transaction as far as my branch is concerned, Your Honor.

REP. MORENO. And on August 31, 2000, Your Honor please, we have also submitted to the Presiding Officer and to the Senators-Judges copies of Exhibit “LLL-5-L”, copies were also earlier given to the Defense panel. I just would like….this is a new submission from the witness, Your Honor, “LLL-5-L”.

I am showing to you Exhibit “LLL-5-L”. Can you please tell this honorable Court what is this all about? This is a copy of the cashier’s check. Would you like to tell this honorable Court what is that all about?

MR. PABILLON. Yes. This is a copy of the manager’s check purchased by Yolanda Ricaforte as partial withdrawal from her remaining P500,000 money placed on special savings account, Your Honor.

REP. MORENO. And who attended to Mrs. Ricaforte when she made that withdrawal?

MR. PABILLON. August 31, I wasn’t the one who attended to her. Maybe it is my assistant manager who attended to her. As it appears on the face of the check, it’s the signature of my assistant manager.

REP. MORENO. And there is a box at the left portion “received”. There is a signature. Whose signature is this? I have to ask this question because this has not been asked earlier from Ms. Annie Ngo.

MR. PABILLON. Considering na I did not witness the signing of this signature, compared to her signature, it seems….Can I have a copy of the signature, please?

REP. MORENO. Specimen signature.

MR. PABILLON. Yes. It is Mrs. Ricaforte’s signature, Your Honor.

REP. MORENO. Were you informed by your subordinate about the issuance of this cashier’s check for P250,000 after the fact?

MR. PABILLON. No, Your Honor.

REP. MORENO. When did you know or find out as to the fact of the issuance of this check for P250,000?

MR. MENDOZA. If Your Honor please, since the issuance of the check is stipulated upon, we do not see any relevance to this question.

REP. MORENO. Your Honor please, this has not been identified yet, Your Honor.

THE PRESIDING OFFICER. Was it not covered by the stipulation that all the transactions covered by the exhibits were deemed admitted insofar as their existence is concerned?

REP. MORENO. I think it is covered, Your Honor.

THE PRESIDING OFFICER. Yes. I think that was part of the stipulation. Move on now to another point.

REP. MORENO. And so, final question, Mr. Witness.

MR. PABILLON. Yes, Your Honor.

REP. MORENO. When you allowed the cashier’s check to be issued payable to cash, did you, in fact, know to whom that cashier’s check payable to cash, in bearer form, would be given?

MR. PABILLON. No, Your Honor.

REP. MORENO. That is all, Mr. Chief Justice.

THE PRESIDING OFFICER. Any cross-examination question? Atty. Flaminiano or Atty. Verzola?

MR. FLAMINIANO. Mr. Chief Justice, we have no cross.

THE PRESIDING OFFICER. No cross-examination?

MR. FLAMINIANO. No cross-examination.

THE PRESIDING OFFICER. From the honorable members of the Impeachment Court. Any question? The honorable Senator-Judge Cayetano.

SEN. CAYETANO. Mr. Pabillon, maiksi lang po ito.

MR. PABILLON. Yes, Sir.

SEN. CAYETANO. Pakitingnan po lang iyong Exhibit “LLL-5-J-1” and “LLL-5-K”.

THE PRESIDING OFFICER. “LLL-J-1”.

SEN. CAYETANO. “LLL-5-J-1”, “LLL-5-K-1”.

THE PRESIDING OFFICER. Do you have the documents now, Mr. Witness?

MR. PABILLON. Yes, Your Honor.

THE PRESIDING OFFICER. You listen to the question.

SEN. CAYETANO. Dito sa unang dokumento merong binura yata dito: “Prepared by Vergel Pabillon”. Ito ho ba ay binura at sino ang bumura?

MR. PABILLON. Nagkaroon po kasi ng….iyong new accounts clerk ko po ang nagbura nito. So noong tsinek ko po itong signature card, I noticed na nakalagay po dito “referred by” tapos “known to Boss Vergel Pabillon.” Tinanong ko po siya, sabi niya, “Boss, kasi galing sa office mo or cubicle mo”, kaya nilagay daw po niya “referred by Vergel Pabillon.” Sabi ko, “walk-in lang ito”. So she crossed it out and wrote the word “walk-in” as seen on the lower portion po .

SEN. CAYETANO. Iyong cellphone number, sino ang sumulat noon?

MR. PABILLON. Kung hindi po ako nagkakamali, ito iyong new accounts clerk ko po ang sumulat nito o kaya po iyong investment clerk ko po . Kasi po sinabi ko sa inyo, tatlo po kaming nag-attend sa kanya noong nagbukas po siya ng account, Your Honor.

SEN. CAYETANO. Pakibasa ho lang iyong cellphone number?

MR. PABILLON. Cell No. 0918-0… I am sorry. Cell No. 0918-902-1847, Your Honor.

SEN. CAYETANO. Siguro naman nanood kayo ng Blue Ribbon hearing at nakita ninyo si Mrs. Ricaforte roon. Hindi ho ba?

MR. PABILLON. Hindi po ako nagkaroon ng panahon para nakapanood ng Blue Ribbon Committee dahil po iyong branch ko is a big branch and we have a lot of transaction.

SEN. CAYETANO. Wala ba sa branch mo na nakakita kay Mrs. Ricaforte sa Blue Ribbon Committee?

MR. PABILLON. Wala po siguro. Pero nakita ko na lang po siya noong the following day yata sa newspaper, iyong picture ni Mrs. Ricaforte.

SEN. CAYETANO. Iyon ho bang nakita ninyong mukha sa newspaper ay the same Ricaforte na humarap sa inyo at nag-open ng account?

MR. PABILLON. Palagay ko po dahil sa picture, puwede naman po kasing duktorin iyong picture sa newspaper. Kaya kung nakita ko siya in person I can say na siya mismo. Pero po sa newspaper ko lang po siya nakita, posible kasing… hindi po siya reliable iyong picture niya sa newspaper, sa palagay ko po.

SEN. CAYETANO. Okay lang. Ano daw ba ang business niya?

MR. PABILLON. Ang binanggit lang po niya, connected siya sa Fil-Estate.

SEN. CAYETANO. Doon sa newspaper…

MR. PABILLON. Sorry po. Fil-East Travel and Tours located po sa Manila Midtown Hotel.

SEN. CAYETANO. Doon sa diyaryo ninyong nabasa, palagay ko nabasa ko rin iyon, ang sinabi niya ay ang employer niya ay si Singson. Iyon ho ba ay nabasa ninyo rin?

MR. PABILLON. Nabasa ko po iyon.

SEN. CAYETANO. Hindi ho ba kayo nagulat na ang sabi niya ay konektado siya sa Fil-East Travel, tapos nabasa ninyo sa diyaryo, siya ay employee ni Governor Singson?

MR. PABILLON. Hindi naman po siguro nakakagulat iyon considering na, sabi ko sa inyo, as far as my branch is concerned nga po, maliit lang po iyong dineposit niya. Para bang hindi siya substantial as far as my branch is concerned, Your Honor.

SEN. CAYETANO. Hindi substantial iyong P11 million?

MR. PABILLON. As far as my branch is concerned, normal po kasi iyon, Your Honor.

SEN. CAYETANO. Ngayon, sabi mo noong winidraw iyong ano…

MR. PABILLON. P11 million po?

SEN. CAYETANO. Teka muna, tumatakbo iyong oras ko, wala pa akong sinasabi.

THE PRESIDING OFFICER. You still have about 24 seconds.

SEN. CAYETANO. Noong nagbigay ka ng cashier’s check for P11 million.

MR. PABILLON. Opo.

SEN. CAYETANO. Sabi ninyo tinanong ninyo muna iyong regional head ninyo.

MR. PABILLON. Hindi ko po siya tinanong. Sabi ko po kay Mrs. Ricaforte, “I have to make an approval prior to the release of that cashier’s check payable to cash”, Your Honor.

SEN. CAYETANO. Iyon ay standard operating procedure ninyo?

MR. PABILLON. As far as my branch is concerned po, case to case po iyon. Kasi po before we were merged with Equitable, ang branch ko po is a PCI Bank. So policy po namin iyon, kaming branch manager, mayroon po kaming authority to approve cashier’s check payable to cash at a certain limit, Your Honor.

SEN. CAYETANO. Kaya mo ba pina-approve?

MR. PABILLON. Opo, Your Honor. Kasi po P11 million. It exceeds my authority as branch manager as far as issuance of cashier’s check payable to cash or bearer.

SEN. CAYETANO. Okey, maraming salamat sa inyo.

MR. PABILLON. Walang anuman po.

THE PRESIDING OFFICER. Thank you. No other questions from the distinguished members of the Impeachment Court? [Silence] There being none, the witness is now excused. Thank you, Mr. Witness.

MR. PABILLON. Thank you.

THE PRESIDING OFFICER. Next witness for the Prosecution, Prosecutor Apostol.

REP. APOSTOL. Our next witness is Mr. Edgardo Alcaraz, Branch Manager, Equitable PCI Bank, Quezon Avenue, Scout Albano Branch. The same examiner, the same existing accounts.

THE PRESIDING OFFICER. What about the cross-examining counsel and assisting cross-examining counsel, the same?

MS. VERZOLA. Yes, Your Honor.

THE PRESIDING OFFICER. Call the witness in.

Administer the oath, Mr. Secretary, to the witness.

THE SECRETARY. Kindly raise your right hand and answer me.

You, EDGARDO ALCARAZ, do swear that the evidence you shall give in the case now pending between the Philippines and Joseph Ejercito Estrada, President of the Philippines, shall be the truth, the whole truth, and nothing but the truth, so help you, God?

MR. ALCARAZ. I do.

THE PRESIDING OFFICER. Take your seat, Mr. Witness.

Prosecutor Moreno.

REP. MORENO. Thank you very much, Mr. Chief Justice, Your Honors.

Mr. Chief Justice, we are offering the testimony of the witness,

Mr. Edgardo Alcaraz, the Branch Manager of Quezon Avenue,

Scout Albano Branch of Equitable PCI Bank, again, for the same

purpose of confirming the circumstances with respect to the opening

of the accounts….

THE PRESIDING OFFICER. The same purposes then covered by the stipulation?

REP. MORENO. Yes, Your Honor, and also to establish the circumstances with respect to the opening of the accounts, the deposits and the withdrawals.

THE PRESIDING OFFICER. So limited only to the circumstances?

REP. MORENO. Yes, Your Honor.

THE PRESIDING OFFICER. You may now proceed.

REP. MORENO. Thank you very much, Mr. Chief Justice.

Now, Mr. Witness….

MR. ALCARAZ. Yes, Your Honor.

REP. MORENO. Can you please tell the honorable Court your name and personal circumstances?

MR. ALCARAZ. My name is Edgardo Alcaraz, of legal age, married, and residing at 305 Champaca Street, Ayala Housing, Mandaluyong City.

THE PRESIDING OFFICER. Specify your legal age.

MR. ALCARAZ. I’m 42 years old, Your Honor.

REP. MORENO. And how long have you been the manager of Quezon Avenue, Scout Albano Branch of Equitable PCI Bank?

MR. ALCARAZ. I’m with Equitable Scout Albano Branch for one year. I started there at November 15, 1999.

REP. MORENO. And in the field of banking, how many years have you been in the banking sector?

MR. ALCARAZ. Your Honor, I have been with the bank for 21 years already.

REP. MORENO. Which banks were these, Your Honor, have you joined?

MR. ALCARAZ. Pardon, Your Honor?

REP. MORENO. Were you an original Equitable or….

MR. ALCARAZ. I am an ex-PCI banker, Your Honor.

REP. MORENO. Now, Your Honor, Mrs. Ricaforte opened accounts, the first time was on March 2, 2000, is that correct?

MR. ALCARAZ. Yes, Your Honor.

REP. MORENO. And how many accounts has Mrs. Ricaforte opened with your branch?

MR. ALCARAZ. She opened a total of four accounts, Your Honor.

REP. MORENO. And in the initial deposit, this is Exhibit “LLL-6”, Your Honors….

THE PRESIDING OFFICER.Show the document to the witness.

REP. MORENO. It’s being shown, Mr. Chief Justice. The initial deposit was broken down into three parts but all of these three parts were paid in cash, is that correct?

MR. ALCARAZ. Yes, Your Honor.

REP. MORENO. So Mrs. Ricaforte brought with her to your branch a total of P4 million cash?

MR. ALCARAZ. Yes, Your Honor.

REP. MORENO. P4 million. Can you please tell this honorable Court the circumstances that were present during the opening of the accounts? What happened?

MR. ALCARAZ. Bale, Your Honor, noong March 2, 2000, pumunta po si Mrs. Ricaforte sa branch, and then she looked for the branch manager. Sabi niya, gusto niyang mag-open ng account. Then I attended to her and I gave her the opening requirements just like the signature card. And then ang sabi ko sa kaniya we have parang ‘yong opening deposit namin for the current and savings account which is P5,000 for the current and P25,000 for the savings account, Your Honor.

REP. MORENO. And then?

MR. ALCARAZ. And then, sabi niya magde-deposito siya ng P2 million; yong P5,000 sa current account and then the remaining, sa savings account, Your Honor.

REP. MORENO. And so what happened after that?

MR. ALCARAZ. After that, sabi niya, “Mayroon ba kayong parang time deposit?” I offered nga ‘yong special savings and then she deposited P2 million in cash, Your Honor.

REP. MORENO. And what was the rate of interest that you offered pertaining to that SSA?

MR. ALCARAZ. As far as I can remember, Your Honor, I think it is 8%.

REP. MORENO. And in the case of the regular savings account?

MR. ALCARAZ. The regular is 2% per annum, Your Honor.

REP. MORENO. When the deposit was made, did you ask Mrs. Ricaforte about her personal circumstances, her business or businesses, et cetera?

MR. ALCARAZ. Actually, tinanong ko po si Mrs. Ricaforte. Hindi ko po tinanong sa kaniya kung saan nanggaling ‘yong pera, pero tinanong ko po sa kaniya kung ano po ‘yong business niya.

REP. MORENO. Anong sagot niya?

MR. ALCARAZ. Ang sabi niya po ay ‘yong business niya ay, she is engaged in prawn farming in Iloilo. Iyon po ang sinabi niya sa akin, Your Honor.

REP MORENO. And then ano pa ang sinabi niya?

MR. ALCARAZ. Tapos sabi niya nag-e-export siya ng prawn. Tapos ang sabi ko, “Kumusta naman po ‘yong business?” Ang sabi niya naman, “Okay lang po”, Your Honor.

REP. MORENO. Tinanong mo ba siya tungkol sa pamilya niya, asawa?

MR. ALCARAZ. I did not bother po, Your Honor.

REP. MORENO. And then, aside from these three accounts, there was a trust placement. This is, Your Honor, “LLL-6-S”. I am showing to the witness–

THE PRESIDING OFFICER. Show the document to the witness.

REP. MORENO. — a copy of the trust placement. Can you please tell the honorable Court what that is all about?

MR. ALCARAZ. Bale ito ‘yong isa po sa mga deposit ni Mrs. Ricaforte sa branch namin, Your Honor.

REP. MORENO. Ano ba iyang dokumento na iyan, yong confirmation. What does that mean?

MR. ALCARAZ. This means na mayroon po siyang deposit sa amin na P465,758.81 which will mature on December 22, 2000.

REP. MORENO. Ano ang interest rate nitong investment na ito compared sa interest rate sa regular savings?

MR. ALCARAZ. Ang interest rate po niyan is 1325 which is higher compared to our savings which is 2%.

REP. MORENO. What do you mean by 1325?

MR. ALCARAZ. Thirteen point twenty five-percent, (13.25%) bale po iyon, Your Honor. Per annum po iyon.

REP. MORENO. Your Honor please, there is a new document that was provided us by the witness. This is Exhibit “LLL-6-T”. This has earlier been premarked and again furnished to the Defense and all the Senator-Judges and the Presiding Officer.

THE PRESIDING OFFICER. So it is not new.

REP. MORENO. Just today, Your Honor. This was not included in the testimony of Ms. Annie Ngo.

THE PRESIDING OFFICER. Where was it premarked?

REP. MORENO. Yesterday, Your Honor.

THE PRESIDING OFFICER. In the presence of counsel for the other party?

REP. MORENO. Yes, Your Honor.

THE PRESIDING OFFICER. And done by the Secretary of the Senate?

REP. MORENO. Yes, Your Honor.

THE PRESIDING OFFICER. You may now proceed.

REP. MORENO. Exhibit “LLL-6-T” as in Tommy. Mr. Witness, can you please tell this honorable Court what this is all about?

MR. ALCARAZ. This is a check issued by Mrs. Ricaforte on March 13, 2000 in the amount of P500,000 payable to cash.

REP. MORENO. And Exhibit “LLL-6-T-1”, can you please tell this honorable Court which is the dorsal portion of that check?

MR. ALCARAZ. This was deposited at Asian Bank, Sucat Branch.

REP. MORENO. And to whose account was this check deposited at Asian Bank, Sucat Branch?

MR. ALCARAZ. There is a number here which reads “061-111-00037-5.

REP. MORENO. Mr. Witness, noong bumili na si Mrs. Ricaforte ng cashier’s check, P3 million payable to cash, anong nangyari? May pinag-usapan ba kayo?

MR. ALCARAZ. Noong bumili po si Mrs. Ricaforte nung manager’s check last April 12, 2000, wala po ako sa branch noon, Your Honor. Bale iyong dalawang officers ko iyong nag-approve ng manager’s check.

REP. MORENO. But was there a report? Pagkatapos noon, nag-usap ba kayo ni Mrs. Ricaforte?

MR. ALCARAZ. Bale nalaman na lang po iyon when I checked iyong mga ano namin, mga transactions. Sabi ko nga, noong makita ko na nag-out si Mrs. Ricaforte, sabi ko, “Okay lang iyan kasi baka kailangan ang pera.” And then, noong minsang magkausap kami ni Mrs. Ricaforte, sinabi ko sa kaniya na, “Ma’am, baka gusto nyo namang ibalik.”

REP. MORENO. Kailan iyon?

MR. ALCARAZ. Sabi niya nga, “Hayaan mo, pag mayroon uli, ibabalik ko uli”, Your Honor.

REP. MORENO. Kailan iyong minsan?

MR. ALCARAZ. Siguro, Your Honor, kung hindi ako nagkakamali, probably mga June or July po iyon of this year.

REP. MORENO. Tinawagan ka niya o siya ang tumawag sa iyo?

MR. ALCARAZ. Kasi kung minsan ho pumupunta siya sa branch to update iyong ano niya, iyong time deposit kung how much has she earned na interest for that time deposit.

REP. MORENO. So ito iyong mga rollovers ng mga SSAs.

MR. ALCARAZ. Opo. Rollover iyong transplacement po, Your Honor.

REP. MORENO. So siya mismo ang pumupunta sa branch every time there is a roll over?

MR. ALCARAZ. Siya po, Your Honor.

REP. MORENO. And ano naman ang sinabi niya noong tinanong mo siya?

MR. ALCARAZ. Ang sabi niya po, “Hayaan mo.” Pag nagkapera raw siya, ibabalik niya raw po iyong kinuha niyang P3 million, Your Honor.

REP. MORENO. And nagkita ba kayo ni Mrs. Ricaforte after that?

MR. ALCARAZ. Hindi na po, Your Honor.

REP. MORENO. That is all for the witness, Mr. Chief Justice, Your Honors.

THE PRESIDING OFFICER. Any cross-examination?

MR. FLAMINIANO. Mr. Chief Justice, we have no cross.

THE PRESIDING OFFICER. Thank you. From the other members of the Court, any question? [Silence] There being none, the witness is now excused. Thank you.

MR. ALCARAZ. Thank you, Your Honor.

SEN. OSMEÑA (S). Excuse me.

THE PRESIDING OFFICER. The observation of the Chair and the ruling on the excusing of the witness are withdrawn. The honorable Senator-Judge Osmena (S) is recognized.

SEN. OSMEÑA (S). Thank you, Mr. Chief Justice. Just a clarification. Perhaps the Prosecution can answer.

Exhibit “LLL-6-T” was just given to us today. It is a xerox copy of a check against Current Account No. 0191975-7. Is this Mrs. Ricaforte’s account?

REP. MORENO. Yes, Your Honor, as confirmed by the witness.

SEN. OSMENA (S). And then this is Mrs. Ricaforte’s signature at the bottom?

REP. MORENO. As confirmed. Subject to….

SEN. OSMEÑA (S). Now, on the reverse side of the check, it was deposited with an Asian Bank Account 0611110037-5. Have you identified the owner of that account?

REP. MORENO. Not yet, Your Honor. We will have this looked into and we suppose….

SEN. OSMEÑA (S). Just for clarification because some docu-ments here show PCIBank and some used Equitable Bank but this is after the merger already. So PCI and Equitable had merged by the time this check was issued?

REP. MORENO. Yes, Your Honor. But at this time, probably these banks were using their old forms, Your Honor.

SEN. OSMEÑA (S). Thank you.

THE PRESIDING OFFICER. The witness is now excused.

MR. ALCARAZ. Thank you, Your Honor.

THE PRESIDING OFFICER. The Prosecution’s next witness.

REP. APOSTOL. The Prosecution’s next witness is Mrs. Emma A. Gonzales, Manager, Equitable Savings Bank, Isadora Hills Branch. The same Examining Prosecutor and the same Assisting Special Private Prosecutor.

THE PRESIDING JUDGE. The Majority Leader.

SUSPENSION OF TRIAL

THE MAJORITY LEADER. Mr. Chief Justice, before we begin with the next witness, perhaps the Court would like to make use of the second regular break. I move for a 15-minute break.

THE PRESIDING OFFICER. Any objection? [Silence] There being none, the trial is suspended for 15 minutes. We will resume at exactly six o’clock.

It was 5:45 p.m.

THE TRIAL WAS RESUMED AT 6:01 P.M.

THE SERGEANT AT ARMS. Please all rise. The Honorable Chief Justice Hilario G. Davide Jr., and the Honorable Senate President Aquilino Q. Pimentel, Jr.

RESUMPTION OF TRIAL

THE PRESIDING OFFICER. The trial is now resumed.

THE SENATE PRESIDENT. Mr. Chief Justice.

THE PRESIDING OFFICER. The Senate President.

THE SENATE PRESIDENT. Mr. Chief Justice, while we are waiting for the Prosecution to arrive, this is an announcement that it is now ready to furnish all Senator-Judges with the copies of the transcript of the stenographic notes on the hearings on the jueteng and the alleged misuse of the tobacco excise tax at the Blue Ribbon Committee in four binders, Mr. Chief Justice. So, the Pages will please now distribute the copies of the transcript of the stenographic notes also to the Chief Justice.

THE PRESIDING OFFICER. Thank you very much. The distribution will be done right now, Your Honor?

THE SENATE PRESIDENT. Yes, please.

THE PRESIDING OFFICER. The honorable Prosecutor Moreno.

REP. MORENO. Thank you very much, Mr. Chief Justice.

THE PRESIDING OFFICER. Your next witness.

REP. MORENO. The Prosecution would like to call on as our next and last witness, as far as this examining counsel is concerned, Mrs. Emma A. Gonzales, Mr. Chief Justice, Your Honors, Branch Manager of Isadora Hills Branch of Equitable Savings Bank.

THE PRESIDING OFFICER. Where is Mrs. Emma Gonzales?

REP. MORENO. In the holding room, Mr. Chief Justice.

THE PRESIDING OFFICER. Let somebody call for the witness.

REP. MORENO. She’s being fetched, I understand, Mr. Chief Justice.

THE PRESIDING OFFICER. She will be the last witness for this evening?

REP. APOSTOL. Well, Mr. Chief Justice, we are agreed if we will shorten the proceedings though we have another available witness.

THE PRESIDING OFFICER. The other available witness will be for tomorrow then.

REP. APOSTOL. Yes.

THE PRESIDING OFFICER. How many will you have tomorrow?

REP. APOSTOL. Three. Because as per suggestion of the Majority Leader, if there is a possibility to shorten the proceedings tomorrow. We cannot dispute the suggestion of the Majority Leader.

THE PRESIDING OFFICER. We can shorten the proceedings by starting at one o’clock.

REP. APOSTOL. Well, we will agree, whatever is the pleasure of the Chief Justice.

THE PRESIDING OFFICER. Yes, we will go into that after your last witness. Where is Emma now?

REP. MORENO. Mr. Chief Justice.

THE PRESIDING OFFICER. Yes.

REP. MORENO. Can I be allowed to make a manifestation before…?

THE PRESIDING OFFICER. In relation to a witness?

REP. MORENO. No, Your Honor.

THE PRESIDING OFFICER. About what?

REP. MORENO. It has to do with the question that was raised earlier by the honorable Senate President.

THE PRESIDING OFFICER. Concerning?

REP. MORENO. Whether or not I have made any statement that the sealed envelope was tampered while in the possession of the Senate either as a court or as a legislative body. I was very much worried,

Mr. Chief Justice, given that the honorable Senate President and this representation come from the same place, Misamis Oriental, and I would like to make a manifestation in that regard.

THE PRESIDING OFFICER. You may proceed.

REP. MORENO. Thank you very much, Mr. Chief Justice, Your Honors.

I would like to clarify that never did I make any statement, insinuation or imputation that the envelope that was delivered to the Senate last week, Wednesday evening, to be precise, and sealed and signed by, on behalf of the Prosecution, Atty. Romy Capulong and

Atty. Valdez, that this was tampered. I have not made any statement that the envelope was tampered while in the possession of the Senate either as a legislative body or as an impeachment court. And there was no intention whatsoever, Mr. Chief Justice, Your Honors, to make any such suggestion.

In fact, I would like to confirm that the condition of the sealed envelope as signed by Attorney Capulong and Attorney Valdez was the same condition as that enclosed sealed envelope was opened yesterday in open court, Mr. Chief Justice.

THE PRESIDING OFFICER. We appreciate and commend you for making that clarification that there was nothing wrong or any tampering of the sealed documents and the contents thereof.

Thank you very much.

REP. MORENO. Thank you very much, Mr. Chief Justice, while in the custody of the Senate.

THE PRESIDING OFFICER. While in the custody of the Senate as an Impeachment Court and while in the custody of the Senate as a legislative body.

REP. MORENO. Thank you very much, Mr. Chief Justice.

THE PRESIDING OFFICER. The witness now. Administer the oath on the witness.

THE SECRETARY. Kindly stand up. Raise your right hand and kindly answer me.

You, EMMA GONZALES, do swear that the evidence you shall give in the case now pending between the Philippines and Joseph Ejercito Estrada, President of the Philippines, shall be the truth, the whole truth, and nothing but the truth, so help you, God?

MS. GONZALES. I do.

THE PRESIDING OFFICER. Prosecutor Moreno, the witness is yours.

REP. MORENO. Thank you very much, Mr. Chief Justice, Your Honors.

Again, we are presenting Mrs. Emma A. Gonzales, the Branch Manager of Isadora Hills Branch, Equitable Savings Bank, a 100% subsidiary of Equitable PCI Bank, for the purpose of establishing the circumstances under which the accounts were opened with the Isadora Hills Branch of the same bank, with the premise, Mr. Chief Justice, that as regards the transactions entered into by Mrs. Yolanda Ricaforte with this branch, are already subject to the stipulation earlier made.

Now, if I may please proceed, Mr. Chief Justice.

THE PRESIDING OFFICER. So you can focus now on the other areas of the testimony not carried by the stipulation.

REP. MORENO. Thank you, Mr. Chief Justice.

Now, Mrs. Gonzales, could you please tell this Honorable Court your name and personal circumstances.

MS. GONZALES. Before anything else, I’d like to greet everybody a Merry, Merry Christmas.

I am Emma A. Gonzales. I am the Branch Manager of Equitable Savings Bank, Isadora Hills Branch, which is located at Barangay Holy Spirit, Quezon City; I am married; I am happily married to Atty. Jacinto C. Gonzales, who is here right now.

THE PRESIDING OFFICER. Where is he?

(A man sitting at the left side of the gallery, raising his hand.)

MS. GONZALES. I’ve got five kids. I’ve been a manager of Equitable Savings Bank, Isadora Hills branch since it opened in December 1998.

REP. MORENO. Merry Christmas to you too, Mrs. Witness.

Can you please tell this Honorable Court about your experience in the banking sector?

MS. GONZALES. My first employment in the banking industry was Metrobank. I’ve been there for almost nine years and then

I transferred to Land Bank. I’ve been there for almost five years; then next was Urban Bank, I’ve been there for one and a half years before Equitable Savings Bank. I’ve been with Equitable Savings Bank for two years now.

REP. MORENO. How many accounts did Mrs. Ricaforte opened with your branch?

MS. GONZALES. Three, all in all, Your Honor.

REP. MORENO. And when she placed her initial deposit on…this was March 15, is that correct?

MS. GONZALES. Yes, Your Honor.

REP. MORENO. This is Exhibit “LLL-7,” Your Honors. The cash deposit was in the amount of P500,000. I am showing to the witness Exhibit “LLL-7”.

THE PRESIDING OFFICER. Show the original of the exhibit to the witness.

REP. MORENO. Can you please tell this Honorable Court

the circumstances under which the deposit was made; who entertained

Mrs. Ricaforte; what did you talk about?

MS. GONZALES. On March 15, 2000, Ms. Yolanda T. Ricaforte walked in in my branch early morning and then she came directly to me and told me that she is also a valued client of other branches of Equitable. So, she wanted to try my branch, that is why she wanted to open an account also with me.

REP. MORENO. And what branch or branches did

Mrs. Ricaforte tell you in or of Equitable PCI Bank that she had

deposit accounts with?

MS. GONZALES. She mentioned a lot of branches but then the only one that I remembered was Matalino Branch because that’s where my messenger usually, I usually–lagi ko pong inuutusan ang aking messenger sa Matalino branch kaya iyon po ay natandaan kong branch na ibinigay niya sa akin.

REP. MORENO. Sinabi ba sa iyo kung magkanong balanse niya sa Matalino branch?

MS. GONZALES. Ah, hindi po niya sinabi, Your Honor. I didn’t ask also, I didn’t ask her also.

REP. MORENO. And so, you conducted the regular expected interview that a bank manager should make with respect to opening of deposit accounts on the premise that a bank must know its depositors?

MS. GONZALES. Yes, Your Honor.

REP. MORENO. At anong mga tinatanong, tinanong mo kay

Ms. Ricaforte?

MS. GONZALES. I asked her what is her business or what is she into, and she told me she’s a businesswoman.

REP. MORENO. And what else did you ask, if any?

MR. GONZALES. I also asked her where she lives, where she stays. I can’t remember other more, Your Honor.

REP. MORENO. All right. The following day there was a check deposit again Exhibit “LLL-7” in the amount of P7 million. This was Metro-Ayala Center Check No. 1707, pakisabi po sa Korte kung anong nangyari with regard to the subsequent deposit?

MS. GONZALES. Yes, on March 16…

REP. MORENO. I am sorry, Your Honor, this is Exhibit “LLL-30″. That is different.

THE PRESIDING OFFICER. The statement is withdrawn?

REP. MORENO. Yes, Your Honor.

THE PRESIDING OFFICER. You make another question.

REP. MORENO. I am showing to you Exhibit “LLL-29″. Can you please tell this Honorable Court about the relation between this check and the check that was deposited on March 16, 2000?

MS. GONZALES. Exhibit “LLL-29″ was the check deposited by Ms. Yolanda T. Ricaforte in my branch last March 16, 2000 and was placed in a special savings account. The number was 077090498-6.

REP. MORENO. And, noong dineposito ni Mrs. Ricaforte yan, what questions did you ask, if any?

MS. GONZALES. When I saw that the check was issued by Governor Luis “Chavit” Singson, I asked her what is her relationship with Governor Luis “Chavit” Singson because I also come from Vigan.

REP. MORENO. And then what did she tell you?

MS. GONZALES. She did not actually answer me immediately. She just smiled at me. And when I noticed that she does not want to answer me, I just answered for her and I told her: “Most probably you have some business construction with Governor Singson”. And she answered me “yes”.

REP. MORENO. And what else happened?

MS. GONZALES. After that, Your Honor, my new accounts clerks already attended to her and she was issued a passbook for the special savings account that she opened again with us.

REP. MORENO. And what attention, if any, did you give to Mrs. Ricaforte with respect to the accounts, the three accounts, that she had opened with your branch?

MS. GONZALES. For the special savings account, I gave her special rates during those times, Your Honor.

REP. MORENO. Madam Witness, I am showing to you Exhibit “LLL-7-B”. Can you please tell this Honorable Court what…I have to ask this question, Mr. Chief Justice, because there is something in there that is not found in the other account opening forms. Exhibit No. “LLL-7-B”, pakisabi po sa korte kung ano ito?

THE PRESIDING OFFICER. Which are you referring to?

REP. MORENO. The savings account specimen signature card, earlier marked as Exhibit “LLL-7-B”, Mr. Chief Justice.

THE PRESIDING OFFICER. So, you are making reference to the entire document as marked?

REP. MORENO. As marked, Mr. Chief Justice.

MS. GONZALES. Eto po yong…Exhibit “LLL-7-B” ay ang savings account specimen signature ni Yolanda T. Ricaforte which was filled up by her last March 15, 2000 when she opened her first account with us.

REP. MORENO. And then, was this accomplished in your presence or…?

MRS. GONZALES. This was accomplished in my presence, Your Honor.

REP. MORENO. Kaninong handwriting ba iyang nandiyan?

MS. GONZALES. This is her handwriting, Your Honor.

REP. MORENO. After the word “card”, it says here; “Savings account specimen signature card.” There is a handwritten word. It says…Pakibasa Po, Mrs. Witness?

MS. GONZALES. The word is “confidential”.

REP. MORENO. Alam mo ba, nakita mo ba ito when she wrote this?

MS. GONZALES. Yes, Your Honor.

REP. MORENO. Was there any special instruction from

Mrs. Ricaforte when she wrote?

MS. GONZALES. Wala po naman, Your Honor.

REP. MORENO. Bakit? Hindi mo ba tinanong kung bakit nilagay iyong word na “confidential?”

MS. GONZALES. She just wrote the word “confidential” but

I did not ask her anymore, Your Honor. But the only instruction that she told my new accounts after that was, if ever her placement will mature, they have to call her up doon sa phone number that she gave us.

REP. MORENO. And so, any and all dealings with Mrs. Ricaforte has to be done that way?

MS. GONZALES. Yes, Your Honor.

REP. MORENO. So, sino naman ang kausap ni Mrs. Ricaforte on the part of the branch?

MS. GONZALES. Iyong aking new accounts, Your Honor. Pagkatapos po sa akin.

REP. MORENO. So, on final discussion would be between Mrs. Ricaforte and yourself, is that correct?

MS. GONZALES. Yes, Your Honor.

REP. MORENO. Anong telephone number ang tinatawagan n’yo?

MS. GONZALES. Ang cell number po na tinatawagan namin o ang telephone number na tinatawagan namin sa kaniya ay iyong kaniyang cellular phone No. 0918-9021847, Your Honor.

REP. MORENO. And noong nag-request siya ng cashier’s check, this was April 14 for P7 million payable to cash, what, if any, did you know of any similar cashier’s check application by Mrs. Ricaforte with the other branches of Equitable PCI?

MS. GONZALES. Noong April 14, Your Honor, when she preterminate her second placement with us, I was not around in the branch. I was at our head office attending a seminar. So, she was attended to by my cashier at the branch, Your Honor.

REP. MORENO. So the withdrawal, the purchase was made without your involvement?

MS. GONZALES. Not exactly without my involvement, Your Honor, because my cashier, when Yolanda Ricaforte requested that her cashier’s check be payable to cash, my cashier would not allow her to do so. That is why they called me up at head office and I was able to talk to her later.

REP. MORENO. And ano ang pinag-usapan ninyo doon sa telepono?

MS. GONZALES. She requested me that her cashier’s check should be payable to cash, anyway, all other branches had done it also with her. She was able to purchase cashier’s check payable to cash, so why should I not let her also purchase cashier’s check payable to cash, Your Honor.

REP. MORENO. Anong mga branches ito na sinabi niya na nakabili siya ng cashier’s check payable to cash?

MS. GONZALES. Hindi ko na po siya tinanong actually, Your Honor, kung anu-ano po itong mga branches na ito.

REP. MORENO. Have you issued a cashier’s check payable to cash in the amount of P7 million before April 14, 2000?

MS. GONZALES. Sa Equitable Savings Bank, hindi po, Your Honor.

REP. MORENO. That is all for the witness, Mr. Chief Justice.

THE PRESIDING OFFICER. Cross-examination, Atty. Flaminiano.

MR. FLAMINIANO. Mr. Chief Justice, we are happy to inform the witness and her husband lawyer who is present that we have no cross. We just wish to greet you also, Merry Christmas.

MS. GONZALES. Thank you very much, Your Honor.

THE PRESIDING OFFICER. The honorable members of the Court. We will have the honorable Senator-Judge Leviste, Senator-Judge Drilon. Who else? Only two. We will call first Honorable Leviste.

SEN. LEVISTE. Merry Christmas sa iyo, Mrs. Gonzales, at kay Atty. Gonzales.

MS. GONZALES. Merry Christmas din ho.

SEN. LEVISTE. Kanina po binanggit n’yo na nagbukas ng tatlong accounts si Mrs. Yolanda Ricaforte sa inyong Isadora Hills branch, hindi ba totoo iyon?

MS. GONZALES. Yes, Your Honor.

SEN. LEVISTE. Ito ba ay usual practice na ang isang kliyente ay magbubukas ng tatlong accounts sa isang branch?

MS. GONZALES. Your Honor, ganito po kasi ang nangyari. She opened an account last March 15. That was Special Savings Account. And then another account last March 16. That was also a Special Savings Account. Kapag dalawa po ang Special Savings Account, we assign two different account numbers for that.

SEN. LEVISTE. At ang pangatlong account?

MS. GONZALES. Iyong pangatlong account po ay in-open niya noong iclinose niya iyong P7 million deposit niya with us last April 14. Iyon po iyong interest proceeds noong P7 million, Your Honor.

SEN. LEVISTE. So, hindi naman kataka-taka na nagbukas ng tatlong accounts. At mayroon ba kayong mga ibang kliyente na ganoon din ang ginagawa?

MS. GONZALES. Yes, Your Honor.

SEN. LEVISTE. Nabanggit mo na mayroon siyang sinabi sa iyo mga branches na mayroon din siyang mga accounts sa Equitable PCI, at siya nga ang mismong nagsabi na siya ay isang favored client. Is that not correct?

MS. GONZALES. She is a valued client of other branches, Your Honor.

SEN. LEVISTE. A valued client, in her own words.

MS. GONZALES. Yes, Your Honor.

SEN. LEVISTE. Mayroon ka bang mga kaibigan na mga branch manager din sa mga branch na siya ay may account?

MS. GONZALES. Wala po, Your Honor.

SEN. LEVISTE. You do not mingle with other branch managers?

MS. GONZALES. Na kung saan nagdedeposito si Ms. Yolanda Ricaforte, Your Honor?

SEN. LEVISTE. Yes.

MS. GONZALES. Wala po, Your Honor. This is the first time

I met them, the managers.

SEN. LEVISTE. And, therefore, you have not discussed it because you do not know them?

MS. GONZALES. No, Your Honor.

SEN. LEVISTE. Sa kaniyang signature card ay hindi nakalagay ang kanyang business address, although you said in your testimony, na ang sinabi niya sa iyo ay siya ay isang businesswoman. She filled this up in your presence.

MS. GONZALES. Yes, Your Honor.

SEN. LEVISTE. Hindi mo ba siya ni-require na ilagay niya ang kaniyang background sa kaniyang negosyo?

MS. GONZALES. Hindi na po, Your Honor. Hindi ko na po siya ni-require.

SEN. LEVISTE. Hindi na kailangan.

MS. GONZALES. Hindi na po kailangan.

SEN. LEVISTE. Hindi ninyo tinanong sa kaniya kung anong klaseng negosyo ang kaniyang pinapasukan?

MS. GONZALES. Noong una po siyang pumunta, Your Honor, hindi ko po siya tinanong.

SEN. LEVISTE. Ano ang kaniyang identification….

MS. GONZALES. I am sorry, Your Honor.

SEN. LEVISTE. Yes.

MS. GONZALES. I have to stand corrected. I asked her but she did not….I asked her also but….tinanong ko po pala siya kung ano iyong kaniyang mga businesses pero hindi po niya ako sinagot, Your Honor. She just told me she is a businesswoman. Tinanong ko po siya.

SEN. LEVISTE. And you did not pursue the question?

MS. GONZALES. I did not pursue the question anymore, Your Honor.

SEN. LEVISTE. Yes. Ano ang kaniyang identification card na ipinakita sa iyo?

MS. GONZALES. Sa akin, Your Honor, I did not ask anymore for her identification card because when she walked in, she told me already that she is already a valued client of our other branches of Equitable.

SEN. LEVISTE. And you took that at face value and believed her that she was a valued client even without speaking to other branch managers where she had an account?

MS. GONZALES. Ang ginawa po namin, Your Honor, after niya mag-open ng account, I instructed my new accounts and my cashier to verify with the Matalino branch if she is really a valued client of that branch and they did….

MS. LEVISTE. And what did they say?

MS. GONZALES. And they did, Your Honor, and they said….somebody….they were able to talk to somebody which the name they cannot recall anymore and they said: “Yes. She is a client of Matalino branch”, Your Honor.

SEN. LEVISTE. Who spoke with whom? Could you kindly repeat that statement?

MS. GONZALES. I am sorry, Your Honor.

SEN. LEVISTE. Can you kindly repeat that statement? May nakausap na hindi mo maalala kung sino.

MS. GONZALES. Ang kumausap po kasi, Your Honor, ay iyong new accounts ko po at saka iyong aking cashier. So, hindi na rin po nila matandaan noong tinanong ko sila kung sino iyong nakausap nila, iyong pangalan, Your Honor.

SEN. LEVISTE. Wala ka bang mas mataas na officer ng bangko na nag-refer sa iyo o nag-introduce sa iyo o nagsabi sa iyo na alagaan mo ang account ni Mrs. Ricaforte?

MS. GONZALES. Wala po, Your Honor.

SEN. LEVISTE. Not the president, the vice president or any officer. Wala?

MS. GONZALES. Wala po, Your Honor.

SEN. LEVISTE. Yes. At hindi ka na kailangang humingi ng California ID because based on her statement na siya ay isang valued client ay okay na rin iyon sa iyo?

MS. GONZALES. Yes, Your Honor.

SEN. LEVISTE. Yes. Sa lahat ng kaniyang mga deposits, whether cash or check, siya ba mismo ang nagde-deposito nito sa iyong kaalaman or may mga panahon ba na messenger or maski sinong taong representante niya ang nagdeposito para sa kaniya?

MS. GONZALES. Dalawang beses lang po siyang nagdeposito, Your Honor. Pangatlo na nga po noong iwini-draw niya iyong kaniyang pera. Siya po mismo, Your Honor, ang pumunta doon, doon sa dalawang deposito niya.

SEN. LEVISTE. And only on those three transactions that she go to your bank?

MS. GONZALES. Yes, Your Honor.

SEN. LEVISTE. Is the account still open?

MS. GONZALES. She has still two accounts with me right now.

SEN. LEVISTE. And how much is the balance?

MS. GONZALES. Can I check with my documents, Your Honor?

SEN. LEVISTE. Yes, please.

THE PRESIDING OFFICER. You can refer to the exhibits.

MS. GONZALES. Per Exhibit “LLL-7”, her outstanding balance as of November 29, 2000 is P521,177.93, Your Honor.

SEN. LEVISTE. Has she returned since she appeared in the first Blue Ribbon hearing here in the Senate?

MS. GONZALES. I am sorry, Your Honor.

SEN. LEVISTE. Has she returned to your branch since she first appeared in a Blue Ribbon hearing here in the Senate?

MS. GONZALES. No more, Your Honor. She never came back to my branch anymore.

SEN. LEVISTE. Is the account frozen or under garnishment?

MS. GONZALES. Right now, Your Honor, it is being put on hold already, Your Honor.

SEN. LEVISTE. It is put on hold.

MS. GONZALES. Yes, Your Honor.

SEN. LEVISTE. Thank you very much.

MS. GONZALES. Thank you rin ho.

THE PRESIDING OFFICER. Thank you, too.

The honorable Senator-Judge Drilon.

SEN. DRILON. Thank you, Your Honor. Can I refer you, Madam Witness, to Exhibit “LLL-7-B”? At the bottom right of this specimen signature card is a printed word “soliciting unit”. There is a handwritten… something handwritten there. I cannot identify. Is this a number or is this an initial?

MS. GONZALES. It is a number, Your Honor.

SEN. DRILON. And what is that number?

MS. GONZALES. At the right side of the signature card, Your Honor?

SEN. DRILON. Yes. What is that number? Is it….?

MS. GONZALES. 720, Your Honor.

SEN. DRILON. Is it 720 or 72? Is it 720?

MS. GONZALES. 720, Your Honor.

SEN. DRILON. And what is 720? What does it stand for?

MS. GONZALES. That is the code of my officer, Your Honor.

SEN. DRILON. So it appears here that the soliciting unit is your office. Is that what that means?

MS. GONZALES. Not exactly, Your Honor.

SEN. DRILON. What does it mean then?

MS. GONZALES. Right now, Your Honor, I am not really so familiar with that soliciting unit. But they usually put their numbers there whenever they open their account.

SEN. DRILON. You said that this whole card, Exhibit “LLL-7-B” was filled up by Mrs. Ricaforte. Is that correct?

MS. GONZALES. I am sorry, Your Honor, but not the whole signature card because it has to be processed by my new accounts after it is being filled up by the depositor.

SEN. DRILON. So who filled 720 under soliciting unit?

MS. GONZALES. It is my new accounts, Your Honor.

SEN. DRILON. And your new accounts officer, does his or her signature or initial appear anywhere?

MS. GONZALES. Yes, Your Honor.

SEN. DRILON. Where is that?

MS. GONZALES. At the back of the specimen signature card, Your Honor.

SEN. DRILON. All right. Now, you also testified on Exhibit “LLL-7-B” which is the deposit slip of P7 million check under Exhibit “29″. There is what appears to be a machine print on this deposit slip just immediately below the printed word “Equitable”. Would this refer to the… I am referring to Exhibit “LLL-7-D” as in Denmark.

THE PRESIDING OFFICER. Do you have the document now, Madam Witness?

MS. GONZALES. Yes, Your Honor.

SEN. DRILON. May I know where is this specimen signature card corresponding to this special savings account? Do you have it?

MS. GONZALES. Which one, Your Honor?

SEN. DRILON. The specimen signature card corresponding to Special Savings Account No. 077090498-6 which appears there in the document. This is not among the exhibits submitted by the Prosecution.

THE PRESIDING OFFICER. The Prosecution has not marked that in evidence.

REP. MORENO. It has been marked, Your Honor.

THE PRESIDING OFFICER. Look for it.

REP. MORENO. It has earlier…It was testified on by Ms. Annie Ngo.

SEN. DRILON. Is there a specimen signature card for this? I am addressing it to counsel. Is there a specimen signature card which was marked in evidence on this?

REP. MORENO. No, Your Honor. They are using the same specimen signature card. Because if I may explain…

SEN. DRILON. All right, let the witness explain.

THE PRESIDING OFFICER. Let the witness explain.

SEN. DRILON. This has no specimen signature card?

MS. GONZALES. Which one, Your Honor?

SEN. DRILON. Exhibit “LLL-7-D”. It is a different special savings account than the previous…

THE PRESIDING OFFICER. [Addressing the Witness] Do not talk to the counsel for the Prosecution. You are being asked the question. You answer yourself.

MS. GONZALES. Right here… Papaano po iyong pagkaka-tanong, Your Honor, I hope you do not mind?

SEN. DRILON. If you look at Exhibit “LLL-7-D”, there is a machine print which appears to indicate the special savings account number which is different from Exhibit “LLL-7-B”. There is no signature card in any of these documents that were submitted. Is there a specimen signature card for this special savings account number?

MS. GONZALES. We do have, Your Honor. It is already submitted by me to Ms. Annie Ngo. I just do not know if it was submitted to the Prosecution, Your Honor.

SEN. DRILON. I have gone over the documents, Mr. Chief Justice. It is not one of them.

THE PRESIDING OFFICER. The observation is noted.

SEN. DRILON. Although it is included in the summary submitted by the Defense counsel.

THE PRESIDING OFFICER. Is it not found in the volume of the original documents as marked, Prosecutor Moreno?

REP. MORENO. No, Your Honor, it was not among the documents that were given to us by Ms. Annie Ngo.

THE PRESIDING OFFICER. In other words, that specimen signature card was never marked in evidence?

REP. MORENO. I never came to know of that specimen signature card until now, just now, Your Honor. We have asked the officers of Equitable PCI to give us all the documents and this was not included, Your Honor please.

SEN. DRILON. The same observation I would like to make, Mr. Chief Justice, insofar as Special Savings Account 0770-00937-75, again, cited in the summary of evidence as submitted but which is not among those given to us.

THE PRESIDING OFFICER. The Prosecution has to make an explanation for that summary. And in addition, an explanation why the same is not included–

REP. MORENO. Yes, Your Honor. When….

THE PRESIDING OFFICER. –in the compilation of the exhibits.

REP. MORENO. Your Honor please, when the Prosecution presented Ms. Annie Ngo as witness, we had submitted copies of what Ms. Annie Ngo had given us. And in the course of the testimony,

Ms. Annie Ngo had said that there were documents that still would be submitted by her so these must be two of the documents, Your Honor.

For instance, Your Honor, the documents that were given just today were given to us only yesterday. There are many other documents that still have to be submitted.

THE PRESIDING OFFICER. The thrust of the manifestation of His Honor, Senator-Judge Drilon, is that particular document is included in the summary, but yet, nothing can be found on that document in the compilation of the exhibits. How did it happen that it was included in the summary if the documents were not marked, much less included in the compilation?

REP. MORENO. These numbers were taken, Your Honor, from the deposit slips which are already included in the exhibits.

THE PRESIDING OFFICER. It is not responsive to the manifestation of the honorable Senator-Judge Drilon. Why was it included in the summary when actually it is not found there?

REP. MORENO. It is included in the exhibits, Your Honor.

THE PRESIDING OFFICER. The Honorable Drilon.

SEN. DRILON. Mr. Chief Justice, what was included in the exhibit is a deposit slip corresponding to Special Savings Account 0770-0904-998-6, corresponding to the deposit slip of Exhibit “29”. However, the particular specimen signature card which is found in all the other accounts is not part of the exhibit, although it is mentioned–

THE PRESIDING OFFICER. In the summary.

SEN. DRILON. –in the summary.

THE PRESIDING OFFICER. Would you need time to make an explanation?

REP. MORENO. Your Honor please, Ms Annie Ngo had committed to us that they would submit the documents that during her testimony she had said that she was not yet in possession of.

THE PRESIDING OFFICER. Again, it does not meet the observation of the honorable Senator-Judge Drilon. It is the matter of the inclusion in the summary of that document as an exhibit when actually it is not found there.

REP. MORENO. Yes, Your Honor, we will include that.

SEN. DRILON. In fairness to Counsel, Your Honor, the exhibit says, “Opening of three accounts with Isadora Hills Branch of Equitable Savings Bank.” It says, “(a) SSA 770904497-8” which is Exhibit “LLL-7-B”. And then the second one says, “SSA No. 0770-90498-6”, which is not with us.

THE PRESIDING OFFICER. So consider the observations, the additional observations when you make the explanation.

REP. MORENO. Yes, Your Honor.

THE PRESIDING OFFICER. Any further questions from the honorable members of the Court? The distinguished Senator-Judge Osmeña.

SEN. OSMEÑA (S). Mrs. Gonzales, how many accounts do you have at your Isadora Hills branch?

MS. GONZALES. I am sorry, Your Honor.

SEN. OSMEÑA (S). How many accounts do you have at your branch?

MS. GONZALES. Total number of accounts, Your Honor?

SEN. OSMEÑA (S). More or less.

MS. GONZALES. I’ve got around more than 2,000, Your Honor.

SEN. OSMEÑA (S). Two thousand?

MS. GONZALES. Yes, Your Honor.

SEN. OSMEÑA (S). And these account holders, you meet all of them, no?

MS. GONZALES. No, Your Honor. I don’t meet all of them.

SEN. OSMEÑA (S). When they come in for the first time, you ask them some questions. Among those questions would be, you’d ask them for an identification card.

MS. GONZALES. If there are depositors who want to deposit with the branch, Your Honor, they usually go directly to my new accounts. They don’t come directly to me.

SEN. OSMEÑA (S). Okay. So your new accounts officer would ask them certain questions.

MS. GONZALES. Yes, Sir.

SEN. OSMEÑA (S). And would also ask them to identify that they are… who they are.

MS. GONZALES. Yes, Your Honor.

SEN. OSMEÑA (S).. Therefore, ID card.

If they identify themselves, why is it that in your savings account specimen signature card, it does not say what ID was used?

MS. GONZALES. Because I did not request anymore the ID of Ms. Yolanda Ricaforte, Your Honor.

SEN. OSMEÑA (S). Because she told you to call up another branch?

MS. GONZALES. No, Your Honor. It was my own….Ako na po yong nag-isip na tawagan ‘yong kabilang branch, Your Honor.

SEN. OSMEÑA (S). But don’t you ask for an ID? Pag namatay ho si Yolanda Ricaforte, how would you able to identify who the heirs are when you lack an ID?

MS. GONZALES. Your Honor, she has got a signature card na signed in front of me. That is why…..

SEN. OSMEÑA (S). Signed in front of you?

MS. GONZALES. Yes, Your Honor.

SEN. OSMEÑA (S). So therefore, in the reverse of the card, and there is an initial here, “signatures authenticated by.” Is that your initial?

MS. GONZALES. No, Your Honor.

SEN. OSMEÑA (S). It is not?

MS. GONZALES. It is not, Your Honor.

SEN. OSMEÑA (S). But you just said it was signed in front of you?

MS. GONZALES. Usually, Your Honor, iyon nga po ang sinabi ko sa inyo. Pagkatapos pong fill-up-an ng depositor ‘yong signature card, it is being given to the new accounts and processed by the new accounts.

SEN. OSMEÑA (S). So, is it a matter of policy in your bank that anybody who fills out a specimen signature card must sign in front of one of the officers of the bank?

MS. GONZALES. Again, Your Honor? Ah, yes, Your Honor. Opo.

SEN. OSMEÑA (S). You must sign in front of the officers of the bank?

MS. GONZALES. Not exactly officer, Your Honor, because my new accounts is not an officer. She is a staff.

SEN. OSMEÑA (S). Any representative of the bank?

MS. GONZALES. Yes, Your Honor.

SEN. OSMEÑA (S). Do you allow anybody to bring the signature card out, have it signed elsewhere and come back to the bank?

MS. GONZALES. Not an ordinary practice, Your Honor. It is on a case-to-case basis, Your Honor.

SEN. OSMEÑA (S). What case? Why would an exception be made?

MS. GONZALES. If we know already the client, Your Honor, we do allow also sometimes the bringing out of the signature card.

SEN. OSMEÑA (S). So, therefore, if you know the client, he can take the signature card out?

MS. GONZALES. If they are very close to us, Your Honor, not in walk-in clients.

SEN. OSMEÑA (S). And can that client come in with a signature card that is different from his signature?

MS. GONZALES. We usually refer it, Your Honor, to whatever ID that she has also. My new accounts does that.

SEN. OSMEÑA (S). If the new signature does not match the ID?

MS. GONZALES. We request them to sign again another signature card, Your Honor.

SEN. OSMEÑA (S). And if still it does not match, what do

you do?

MS. GONZALES. The ID, Your Honor, the signature in the ID?

SEN. OSMEÑA (S). That is right.

MS. GONZALES. I don’t think there was an instance that they did not sign.

SEN. OSMEÑA (S). It is a hypothetical question. What if it does not match?

MS. GONZALES. We usually require the client to sign whatever ID that she presented to us, Your Honor.

SEN. OSMEÑA (S). Why do you ask the people, your new depositors, what their occupation is?

MS. GONZALES. It is a usual practice for us, Your Honor, to ask the client what is her business, what she does or what they do. It is an ordinary practice for us, Your Honor.

SEN. OSMENA (S). Why?

MS. GONZALES. To establish also her identity, Your Honor. One of them.

SEN. OSMENA (S). But you never write it down.

MS. GONZALES. We don’t usually write it down, Your Honor.

SEN. OSMENA (S). But you remember.

MS. GONZALES. I do remember the clients that I interview, Your Honor.

SEN. OSMENA (S). And if the client is a drug dealer, you don’t expect the client to admit that she is a drug dealer.

MS. GONZALES. Yes, Your Honor.

SEN. OSMENA (S). Thank you very much, Mr. Chief Justice.

THE PRESIDING OFFICER. The last question. What do you mean by “yes”? Just for clarification into the record because the question was in the negative. The answer was “yes.” What do you mean by that? [The witness is silent]. Well, never mind. Let it stay there.

The honorable Senator-Judge Cayetano.

SEN. CAYETANO. Mrs. Gonzales, Maligayang Pasko sa iyo at kay Companero Gonzales. Sabi mo, maligaya ka raw na kasal sa kaniya. Napapansin ko mas maligaya siya. [Laughter]

Nabanggit mo na natanong mo kay Mrs. Ricaforte noong nag-open ng account kung ano ang kaniyang relationship kay Governor Singson, hindi ba?

MS. GONZALES. Noong pangalawa na po, Your Honor, noong nag-deposit po siya ng P7 million check.

SEN. CAYETANO. Oo, at ang sabi niya ay medyo ngumingiti-ngiti lang siya pero later on sinabi niya baka magkasama kayo sa construction business. Tama ba iyon?

MS. GONZALES. Ako po actually, Your Honor, ang nag-suggest that most probably, she has some business construction with Governor Singson and she answered me, “Yes”, Your Honor.

SEN. CAYETANO. Sinabi ba niya na itong perang dini-deposito niya ay kay Governor Singson o galing sa kanilang dalawa?

MS. GONZALES. Hindi ko po siya tinanong, Your Honor, at hindi rin niya sinabi sa akin, Your Honor. It’s just that I saw the check. It was issued by Governor Singson.

SEN. CAYETANO. So ang assumption mo ay pera ni Mrs. Ricaforte ito?

MS. GONZALES. Because she was in possession of the check that is why my presumption it’s her, it was issued to her by Governor Singson, Your Honor.

SEN. CAYETANO. Nanood ka ba ng mga Blue Ribbon Committee hearings namin?

MS. GONZALES. Nanood po ako, Your Honor.

SEN. CAYETANO. Nakita mo ba si Mrs. Ricaforte roon?

MS. GONZALES. Iyong unang labas po niya, Your Honor, hindi ko po siya nakita.

SEN. CAYETANO. Iyong pangalawang labas?

MS. GONZALES. Hindi ko na rin po siya nakita, Your Honor.

SEN. CAYETANO. May nakita ka ba doon sa hearing? Si Mrs. Ricaforte?

MS. GONZALES. The reason why hindi ko po siya nakita, Your Honor, I have to explain, umuwi po kasi ako ng Ilocos during that time that she testified sa Senate Blue Ribbon Committee.

SEN. CAYETANO. Pero nabalitaan mo ba na nag-testify siya sa Blue Ribbon Committee?

MS. GONZALES. I only saw her picture in the newspaper, Your Honor.

SEN. CAYETANO. Okay. Now, iyong nakita mo sa newspaper na litrato, litrato?

MS. GONZALES. Yes, Your Honor.

SEN. CAYETANO. Iyon ba masasabi mo sa amin na iyon din ang Mrs. Ricaforte na nag-open sa iyo ng account sa branch mo?

MS. GONZALES. Yes, Your Honor, maa-identify ko po siya.

SEN. CAYETANO. Maa-identify mo?

MS. GONZALES. Maa-identify ko po siya, Your Honor.

SEN. CAYETANO. One and the same person?

MS. GONZALES. Yes, Your Honor.

SEN. CAYETANO. At doon ba sa diyaryong nakita mo ang mukha niya, nabasa mo ba na sinabi niya na ang employer niya ay si Governor Singson?

MS. GONZALES. Wala po kasi siyang sinabi sa akin, Your Honor, na employer niya si Governor Singson.

SEN. CAYETANO. Wala?

MS. GONZALES. Wala po, Your Honor.

SEN. CAYETANO. Okay. Maraming salamat sa inyo.

MS. GONZALES. Maraming salamat din po.

THE PRESIDING OFFICER. The honorable Senator-Judge Biazon.

SEN. BIAZON. Thank you, Mr. Chief Justice.

Mrs. Gonzales, does your bank have policies to guard against accepting deposits from fictitious persons?

MS. GONZALES. As far as Equitable Savings Bank right now, Your Honor, as far as I am concerned, wala pa po akong alam, Your Honor.

SEN. BIAZON. My question is: Do you have policies to guard against deposits from fictitious persons?

MS. GONZALES. None that I know right now, Your Honor.

SEN. BIAZON. You do not have any policy on this, the bank?

MS. GONZALES. Wala po, Your Honor.

SEN. BIAZON. Meaning, I can come up and deposit a certain amount, signing for a name that does not belong to me. Is this possible?

MS. GONZALES. There is a possibility, Your Honor, if the client will not present to us an ID.

SEN. BIAZON. Yes. But you say that you require identification to be presented by the depositor?

MS. GONZALES. Yes, Your Honor, that’s the standard operating procedure, Your Honor.

SEN. BIAZON. Yes, and possibility of one depositing under fictitious names can only happen if one presents a fake identification document?

MS. GONZALES. There’s a possibility, Your Honor.

SEN. BIAZON. There is a possibility. But to guard against that you also… Are you trained to compare signatures?

MS. GONZALES. What do you mean compare your signatures, Your Honor?

SEN. BIAZON. Well, for example, I present to you my identification card and then you ask me to sign on the specimen card. Would you be able to compare whether my signature purportedly on the identification document I am presenting would be the same as that on the specimen card that you asked me to sign in front of you?

MS. GONZALES. Yes, Your Honor.

SEN. BIAZON. Would you?

MS. GONZALES. Yes, Your Honor.

SEN. BIAZON. Thank you, Mr. Chief Justice.

THE PRESIDING OFFICER. Thank you, too.

Nobody seems to be ready to ask any other question. The Majority Leader?

THE MAJORITY LEADER. Mr. Chief Justice, at this point,

I see the Prosecution.

REP. MORENO. Yes, Mr. Chief Justice.

THE PRESIDING OFFICER. Prosecutor Moreno.

REP. MORENO. Mr. Chief Justice, with respect to the explanation that I owe to the honorable Senator-Judge Drilon, and to the Court, Mr. Chief Justice. In the summary, we mentioned only one exhibit, “LLL-7-B”, although there are three accounts indicated. The summary is based on the testimony of Ms. Annie Ngo. That’s one. She testified on this. And secondly, these accounts are also included in the statement of account that is also part of the exhibit.

But, Your Honor, for, as regards deposit slip, “LLL-7-D”, this is for the second account. But we will come up with a written explanation, Your Honor. And the specimen signature card is–we came to know of that specimen signature card only today, Your Honor. We don’t have it although the witness has it. And so…

THE PRESIDING OFFICER. You can submit the written explanation when we resume in the next millenium, 2001 or January 2?

REP. MORENO. Or tomorrow, tomorrow.

THE PRESIDING OFFICER. Oh, tomorrow, you will be ready tomorrow?

Tomorrow? Okay, you can submit the explanation tomorrow.

SEN. DRILON. Mr. Chief Justice.

THE PRESIDING OFFICER. The honorable Senator-Judge Drilon.

SEN. DRILON. Did I hear counsel say that the witness has the specimen signature card?

THE PRESIDING OFFICER. Would you answer that question, Prosecutor Moreno?

MS. GONZALES. Xerox copy, Your Honor.

REP. MORENO. She has it, Your Honor.

THE PRESIDING OFFICER. Now?

REP. MORENO. Yes, Your Honor.

MS. GONZALES. Xerox copy.

THE PRESIDING OFFICER. If she has it now…..

REP. MORENO. She says that it’s only a photocopy of the….but may I ask her if she has the original of that, Mr. Chief Justice?

MS. GONZALES. Right now, I don’t have the original.

REP. MORENO. She doesn’t have it now.

THE PRESIDING OFFICER. She doesn’t have. Do you intend to recall her tomorrow for that purpose?

REP. MORENO. Yes, Your Honor, for the purpose of identifying the original.

THE PRESIDING OFFICER. For the moment….

REP. MORENO. Subject to the schedule of this Court.

THE PRESIDING OFFICER. The honorable Senator-Judge Drilon.

SEN. DRILON. There are two signature cards which are not in our file.

THE PRESIDING OFFICER. The two signature cards.

MS. GONZALES. Yes, Your Honor.

THE PRESIDING OFFICER. You will be ready to bring these two signature cards tomorrow?

MS. GONZALES. Yes, Your Honor.

THE PRESIDING OFFICER. And you are prepared to come back tomorrow?

MS. GONZALES. Yes, Your Honor.

THE PRESIDING OFFICER. So the witness is for the moment excused but is directed to come back tomorrow and to bring with her the two specimen cards referred to by the honorable Senator-Judge Drilon.

Next witness for the Prosecution. Are you ready now with the next witness?

Honorable Apostol? Yes, what is the pleasure of Atty. Mendoza?

MR. MENDOZA. I would just like to try to save the witness the trouble of coming back tomorrow. If she will certify that this copy is an authentic copy of the original as far as the Defense is concerned, it is willing to stipulate on that. So that…..

THE PRESIDING OFFICER. You mean the xerox copy is now with her?

MR. MENDOZA. Yes, yes, Your Honor. Anyway, eventually, what will be marked are xerox copy. If she now states under oath that those xerox copies are xerox copies of the original in her possession, then the Defense is prepared to stipulate.

THE PRESIDING OFFICER. A very sound suggestion.

REP. APOSTOL. But we are the Prosecution.

MR. MENDOZA. Ha?

REP. APOSTOL. We are the Prosecution.

MR. MENDOZA. Well, if the Prosecution will propose, I am willing to agree. But if the Prosecution will not propose, then there is nothing to agree on.

THE PRESIDING OFFICER. The suggestion is very sound. The Presiding Officer will ask the question of the witness to put an end to this very simple issue.

Madam Witness, take the stand again. You declared a while ago that you have with you the xerox copies of the two specimen signatures in question. Do you have these now with you?

MS. GONZALES. Yes, Your Honor.

THE PRESIDING OFFICER. Under your oath, are you willing to certify that these two xerox copies are faithful reproduction of the original in your bank and in your possession in your bank?

MS. GONZALES. Yes, Your Honor.

THE PRESIDING OFFICER. There you are. What’s now the pleasure of the Prosecution?

REP. APOSTOL. The Majority Floor Leader stood up. We are about to…

THE PRESIDING OFFICER. No, no….

REP. APOSTOL. May we request, Mr. Chief Justice, that the exhibit be marked as …. among Exhibit?

THE PRESIDING OFFICER. Again, for a very orderly procedure, can you delegate that to the assigned examining counsel?

MS. GONZALES. Your Honor, if I may be allowed to speak.

I have some writings in the lower portion of the photocopy.

I would like that to be excluded, Your Honor.

THE PRESIDING OFFICER. What are these writings?

MS. GONZALES. The name of my new accounts, Your Honor.

THE PRESIDING OFFICER. The name of what?

MS. GONZALES. My new accounts clerk, Your Honor. There is a name hereunder. It says, “Joan B. Aranda.” I wrote it.

THE PRESIDING OFFICER. You need not delete that, because you have explained that that is an additional writing. It may remain.

MS. GONZALES. It doesn’t form part of the signature card itself, Your Honor. I just wrote it doon sa….

THE PRESIDING OFFICER. You mean, what appears to be the signature of that new account is reproduced as a part of the xerox copy?

MS. GONZALES. No, Your Honor, I just wrote it in the….

THE PRESIDING OFFICER. It is written on the xerox copy?

MS. GONZALES. On the xerox copy. It doesn’t form part of the signature card itself, Your Honor, just below the….

THE PRESIDING OFFICER. It will not pose any problem at all. We were referring only to the xerox copies.

MS. GONZALES. Yes, Your Honor. Thanks, Your Honor.

The Honorable Biazon.

SEN. BIAZON. One question to the witness, if I may.

Do you have control of the original? Is the original copy in your custody?

MS. GONZALES. Right now, Your Honor, I submitted already the original copy to Ms. Annie Ngo.

SEN. BIAZON. Yes. And therefore it is not anymore under your custody.

MS. GONZALES. Right now, Your Honor, at this moment, it’s not in my custody.

SEN. BIAZON. And you are willing to take your oath that this is…

MS. GONZALES. Yes, Your Honor, because I was the one who photocopied the original signature card, Your Honor.

SEN. BIAZON. Well, anyway, you are taking some kind of a risk here, if the original is not under your custody and under your control.

Thank you, Mr. Chief Justice.

THE PRESIDING OFFICER. Your Honor, just for the record, the witness testified that these xerox copies were taken when she was still in possession of the originals. And therefore, these would appear to be more accurate if anything is being changed on the originals.

So, Prosecutor Moreno is recognized once more.

REP. MORENO. Thank you, Mr. Chief Justice.

There are two specimen signature cards. And these are, first, Account No. 0770009375 which we will mark as Exhibit “LLL-7-R”. And at the dorsal portion, the three signatures below the words “authorized signatures” of the same card, Mr. Chief Justice, we will mark as Exhibit “LLL-7-R-1.”

THE PRESIDING OFFICER. Let the markings be done as requested.

Who is in charge of marking now, the Chief of the Legal Office of the Senate or the clerk of the Senate? The former.

THE SECRETARY. The Legal.

THE PRESIDING OFFICER. Initial it, Atty. Yap. And the second….?

REP. MORENO. And the second, Mr. Chief Justice, is the savings account specimen signature card, Account No. 0770904986, the name of Yolanda Ricaforte, and at the back, dorsal portion of the same card, three signatures below the words “authorized signatures” which will be respectively marked as “LLL-7-S”, and “LLL-7-S-1”.

THE PRESIDING OFFICER. So let it be respectively marked as such and let every marking be initialed by the one marking the exhibits. Any further questions?

REP. MORENO. Mr. Chief Justice, perhaps the, Defense panel would be willing to have this covered by the stipulation and that is, that these three signatures below the words “authorized signatures” are the signatures of Mrs. Yolanda Ricaforte.

THE PRESIDING OFFICER. The proposal was even made by the Defense.

REP. MORENO. Yes, Your Honor. I just wanted to have that again on record. And if that stipulation also covers the other exhibit, we have no more questions, Your Honor. Thank you.

THE PRESIDING OFFICER. Finally, the witness is excused. Thank you.

MS. GONZALES. Thank you, Your Honor.

THE PRESIDING OFFICER. Next witness for the Prosecution.

REP. APOSTOL. Mr. Chief Justice, the Majority Leader is standing. [Laughter] He is simply waiting for you.

THE PRESIDING OFFICER. Because of the request of the Presiding Officer on the next witness.

REP. APOSTOL. We will be ready with our next witness, but….

THE PRESIDING OFFICER. Tomorrow?

REP. APOSTOL. Tomorrow.

THE PRESIDING OFFICER. I see. We will give you time until tomorrow then. The Majority Leader is recognized.

SUSPENSION OF TRIAL

THE MAJORITY LEADER. Mr. Chief Justice, I move to suspend this Impeachment Trial until two o’ clock tomorrow afternoon.

THE PRESIDING OFFICER. Is there any objection? [Silence] There being none, the trial is suspended until two o’ clock tomorrow afternoon.

It was 7:02 p.m.