Estrada Impeachment December 18, 2000 Transcripts

December 18, 2000

AT 2:42 P.M., THE HONORABLE CHIEF JUSTICE HILARIO G. DAVIDE, JR., PRESIDING OFFICER, CALLED THE IMPEACHMENT TRIAL TO ORDER.

THE SERGEANT AT ARMS. (MR. LEONARDO LOPEZ). Please all rise for the arrival of the Senator Judges.

The Honorable Hilario G. Davide, Jr. Chief Justice and the Honorable Aquilino Q. Pimentel, Jr., Senate President.

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

We shall be led in prayer by the Honorable Senator Judge Teresa Aquino Oreta.

SEN. ORETA. Let us bow our heads in prayer.

P R A Y E R

Heavenly Father, 2000 years ago, Jesus Christ your Son was judged by a man more eager to please the crowd than to see justice carried out. Today, we sit in this august chamber who sit as judges in an Impeachment Court are being asked to do the same render judgment on the President amidst the protest of a hysterical mob.

Lord, bless us so we may act with courage, have the wisdom to discern right from wrong so that ultimately the truth may be revealed for justice to be served.

Your will oh! Lord, not ours, be done.

Amen.

THE PRESIDING OFFICER. Thank you. Please be seated.

The Secretary will call the roll.

ROLL CALL

THE SENATE SECRETARY (MR. LUTGARDO BARBO). Roll call of Members.

THE SECRETARY. (Reading)

Senator Teresa Aquino Oreta……..…………… Present

Senator Robert Z. Barbers……….……………. Absent

Senator Rodolfo G. Biazon……….……………. Present

Senator Renato L. Compañero Cayetano……….Present

Senator Anna Dominique M.L. Coseteng………Present

Senator Miriam Defensor Santiago………………Present

Senator Franklin M. Drilon……………………….Present

Senator Juan Ponce Enrile……….………………..Present

Senator Juan M. Flavier……………………………Present

Senator Teofisto T. Guingona, Jr………………..Present

Senator Gregorio B. Honasan…….………………Present

Senator Robert S. Jaworski……..………………..Present

Senator Loren B. Legarda Leviste………………Present

Senator Ramon B. Magsaysay, Jr…..……………Present

Senator Blas F. Ople…………..……………………Present

Senator John Henry R. Osmeña…………………..Present

Senator Sergio R. Osmeña III…….………………Present*

Senator Ramon B. Revilla………..………………..Present

Senator Raul S. Roco……………………………….Present

Senator Vicente C. Sotto………..………….……..Present

Senator Francisco S. Tatad……………………….Present

The Senate President………………………………Present

*Arrived after the roll call

THE PRESIDING OFFICER. With 20 Senator-Judges being present, the Chair declares the presence of a quorum. The Sergeant at Arms will 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 MAJORITY LEADER. Mr. Chief Justice, I move that we dispense with the reading of the Journal of this Impeachment Court on Wednesday, 13th of December 2000 and consider the same as approved.

THE PRESIDING OFFICER. Is there any objection? (Silence.) There being none, the motion is approved.

THE MAJORITY LEADER. Mr. Chief Justice.

THE PRESIDING OFFICER. The Majority Leader.

THE MAJORITY LEADER. At this point, may I ask that Senator-Judge Teresa Aquino-Oreta be recognized for a short manifestation?

THE PRESIDING OFFICER. The Honorable Senator-Judge Oreta is recognized for a manifestation.

SEN. AQUINO-ORETA. Yes, Mr. Chief Justice, I respectfully request the permission of this Court to make a manifestation for the record without prejudice to a further legal action I may take.

THE PRESIDING OFFICER. The request is granted.

SEN. AQUINO-ORETA. In today’s issue of the Philippine Daily Inquirer under the caption “Sonny O Won’t Question Davide Ruling to Open Bank Documents,” found on pages 1-20 of the said newspaper, Representative Clavel Asas Martinez, a member of the prosecution panel was quoted to have said that “there are senator-judges who frequent Malacañang to discuss with the defense lawyers the strategies that they will use during the impeachment proceedings.” Further, Representative Martinez was cited to have identified these senator-judges and named this representation as one of them.

I strongly except to this malicious, malevolent, reckless and irresponsible statement of Representative Martinez. Since I took my oath as judge of this imperial tribunal, I have been to Malacañang only once on December 7, 2000 and this was to attend the ceremonial signing into law by the President of the bill I authored and sponsored regarding early childhood care and development. But even before I attended that ceremony, I, being conscious of my role as judge in this Impeachment Tribunal, solicited the advice of the Honorable Senate President if I can do so without unduly compromising my role as a judge. The Honorable Senate President, and this Your Honor should be able to confirm, advised me to proceed since it merely involved a legislative matter. This should be daylight clear to Representative Martinez, she being also a member of the House of Representatives who must have also attended her share of bill-signing ceremonies.

The statement of Representative Martinez serves only one purpose. That is to malign and discredit this representation as judge of this Tribunal, not only before this Tribunal but also before the Filipino people. Since Representative Martinez is a member of the Panel of Prosecution of the House of Representatives in this impeachment proceedings, her conduct, to my mind, constitutes misbehavior of an officer of the court in the performance of her official duties. And indeed, an improper conduct tending directly or indirectly to impede, obstruct or degrade the administration of justice, both of which are punishable under our Rules of Court are in direct contempt.

To protect, preserve and maintain the integrity and honor of this Tribunal and its members like this representation, an order should be issued by the Honorable Presiding Judge, commanding Representative

Clavel Asas Martinez to explain within twenty-four hours why she should not be cited in direct contempt for making such malicious, malevolent, reckless and irresponsible statement.

I am constrained to make this motion, Mr. Chief Justice, for I cannot afford to have anybody, especially the participants of this important trial, cast doubt on the ability of the senator-judges to dispense impartial justice in this case.

Thank you, Presiding Officer.

THE PRESIDING OFFICER. Is the Honorable Prosecutor Martinez around?

REP. APOSTOL. Mr. Chief Justice, she has not arrived yet.

THE PRESIDING OFFICER. The Chair will make a ruling on the oral motion sometime later upon the arrival of the Honorable Prosecutor Martinez since it is, in effect, a motion to cite her in contempt of court.

SEN. SOTTO. Mr. Chief Justice.

THE PRESIDING OFFICER. Yes, the Honorable Judge Tito Sotto.

SEN. SOTTO. Yes, thank you very much, Mr. Chief Justice. I would just like to inquire on the development on the question that I raised last week.

THE PRESIDING OFFICER. Yes, as a matter of fact, Your Honor, the Presiding Officer had distributed to the members of the Impeachment Court a pleading entitled “Clarification,” consisting of three pages. I wonder if His Honor has received a copy of the clarification. If not, I can read the clarification for purposes of record.

SEN. SOTTO. I have just received it. I can go through it, Mr. Chief Justice.

THE PRESIDING OFFICER. So you can dispense with the reading of the clarification?

SEN. SOTTO. Yes.

THE PRESIDING OFFICER. And will be satisfied with the clarification you received.

SEN. SOTTO. As long as we include it into the records.

THE PRESIDING OFFICER. Yes. The secretariat is directed to include in the …

SEN. SOTTO. Would it be then necessary, Mr. Chief Justice, for me to move for a reconsideration of Journal 7 and 8 so that this can be included? Is that the proper …

THE PRESIDING OFFICER. A reconsideration of the journal may not be appropriate at this stage, and that was the reason why a clarification was granted you. And this is now the clarification without, in anyway, modifying or revising any portion of the journal.

SEN. SOTTO. May I then ask that this be included in today’s journal?

THE PRESIDING OFFICER. It will be included in today’s journal.

SEN. SOTTO. Okay.

THE PRESIDING OFFICER. As a matter of fact, the Chair was about to give the instruction that this clarification prepared and promulgated by the Presiding Officer, must be included in the journal for today’s proceedings, as well as in the record of the Impeachment Court later.

SEN. SOTTO. Therefore this representation is satisfied, Your Honor.

Thank you.

THE PRESIDING OFFICER. The Secretary will now please call the case before the Impeachment Court.

THE SENATE SECRETARY. In the Matter of Impeachment against 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.

REP. APOSTOL. The same appearance for the prosecution.

THE PRESIDING OFFICER. The Majority Leader?

THE MAJORITY LEADER . The Chief Justice, may I now invite the parties to this trial to enter their appearance each side indicating the name of examining and assisting counsel.

THE PRESIDING OFFICER. As so requested, the parties are directed to enter their appearance.

REP. APOSTOL. The same appearance for the prosecutor.MR. DAZA. The same appearances for the defense.

THE PRESIDING OFFICER. In the agenda for today, we have the item, Consideration of Pending Issue. What is referred to as the pending issue was an issue which arose out of the order dictated by the Presiding Officer last Friday, in the matter of inter alia, the opening of the sealed envelope containing certain alleged documents brought to the Court pursuant to the subpoena duces tecum, the inclusion of which inside a sealed envelope was also by virtue of the order of the Presiding Officer.

I was informed by the Senate President, that at the caucus of the Senators, an hour or so earlier, there was an agreement that the consideration of any incident relating thereto should be taken up tomorrow afternoon to give an opportunity to the members of the Court, as well as to the prosecution and the defense, to study the extended order. The Presiding Officer, pursuant to the reservation made by him, after dictating the order last Friday, indicated a reservation to write or promulgate an extended order. And copies of the extended order had been circulated and been given to the members of the Impeachment Court, and also to the prosecution and to the defense.

May I request for an acknowledgment by both sides that copies of the extended order were actually received by the prosecution on the one hand and by the defense on the other?

REP. APOSTOL. Mr. Chief Justice, for the prosecution, we have received a copy of the extended order.

THE PRESIDING OFFICER. What about for the defense?

MR. MENDOZA. We have received a copy of the extended order, if Your Honor please. And, if I may, make an additional manifestation and motion?

THE PRESIDING OFFICER. In addition to what you said last Friday?

MR. MENDOZA. No, Your Honor. Last Friday, the Presiding Officer, the Honorable Chief Justice, indicated that we may if we desire, file a motion for reconsideration today. However, upon studying the transcript which was available only last Saturday noon, we felt that perhaps, because of the importance of the order we should await the extended order before filing a motion for reconsideration.

With the announcement of Your Honor today, that members of the Senate or of the Impeachment Court might also be submitting separate opinions, I assume whether concurring or dissenting, May we request that we be given time after receipt of those separate opinions, to file our motion for reconsideration?

The issue is of such importance that perhaps it needs not only time for study, but also time for reflection as to what we should do under the circumstances. Apart from that, the deposition taking that is we received a notice has been postponed by the prosecution continued by the prosecution to Thursday, December 21, 2000.

I assume that if tomorrow, there will be separate opinions, we would be getting copies of those by tomorrow. But if not, then perhaps we should be given time after receipt of those separate opinions to file our motion for reconsideration. In our view, Your Honor, this would not certainly unduly delay the proceedings because the records have been are already in the custody of the Senate President, duly sealed and evidence on Article II would not be forthcoming until after evidence on Article I shall have been concluded, and evidence on Article I has not yet been concluded.

So, may I request, if Your Honor please, after we shall have received the copies of the separate opinions, if any, we be given three days within which to file our motion for reconsideration. I would also like to add, perhaps on a personal note, that we come here to court everyday from two o’clock to seven o’clock, then we need time to study the proceedings for the following day, in the morning. So, we are really hard put to put in any more time for anything more than what we are required to do from day to day.

So, I hope while we share the desire of everybody to expedite these proceedings, we be given a little more time to do what we have to do, so that we may assure, not only our client, but ourselves as well as the Impeachment Court, that whatever we file and arguments we present have been are the product of a deliberate research and study.

Thank you very much.

THE PRESIDING OFFICER. As to the latter…

Yes, Honorable Arroyo.

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

However we may commiserate with the defense, the fact of the matter is that the prosecution is the one presenting the evidence. Therefore, any kind of suspension in the normal course of the proceeding whether it be in the trial, in the compulsory processes or in the modes of discovery, impairs and prejudices us because we cannot proceed.

Now, hanging is the issue of whether we could take the depositions on matters which have reference to the bank, more particularly the check, it is unresolved, we cannot move. So, in the situation this morning, for instance, Westmont Bank objected to the deposition. Why? They would like to await the ruling of this Court on this issue. So, we couldn’t gather our evidence. Then here comes a letter which is… we take it as a scrap of paper, but nevertheless it is a letter addressed to the Chief Justice from the lawyer of a certain Jaime Dichaves who claims now to be the owner of that controversial account.

Now, when we cannot present witnesses or evidence, we don’t want it said that it is because we are unable to present our witnesses or our evidence. It is simply because that our hands are tied because of several unresolved issues. So we leave it entirely to the Court that sometimes we are I don’t know what to say but the pressure is on us to produce evidence. And I hope that the Court will not blame us unduly if we are unable to do so in the future because many things are still unresolved.

Thank you, Mr. Chief Justice.

THE PRESIDING OFFICER. The Chair will make this observation which will actually partake of the nature of a ruling. On the request of the defense that it be given time until receipt of the dissenting or concurring opinions of the Honorable Members of the Impeachment Court to file the corresponding motion to reconsider the main extended order. I think that is very speculative in the sense that there maybe no concurring, no dissenting opinion at all. So the Chair orders the defense to prepare this pleading if it is to desire to ask for a reconsideration, to submit that reconsideration on the basis yet of the extended order to be submitted tomorrow. And in the event that there will be concurring or dissenting opinions to be filed tomorrow and it is the desire of the defense to also submit some comments thereon or reconsideration insofar as concurring opinions are concerned, you will be given until the following day to do so. So, we will not be wasting our time.

And on the matter of some kind of difficulty regarding the actions which the lawyers may have because of the time that we are spending here for trial, I think both the prosecution and the defense must adopt some kind of a system whereby they can work together separately then later together so there should be a division of labor. So, nobody could claim later on that we had no time to attend to this particular work. The Court notices that there are 11 prosecutors and also there are many counsel for the defense. They should divide the work. A division of labor may become necessary. And considering the sense of the members of the Impeachment Court for a deferment of a ruling on any incident arising out of the dictated order and now on the expanded order until tomorrow, this matter will be called again tomorrow.

Yes, the Honorable Senator Judge Enrile.

SEN. ENRILE. Mr. Chief Justice, permit me to rise on a matter of personal privilege. I just got this afternoon a copy of the December 18, 2000, Monday issue of `the Philippine Daily Inquirer. And on Page A20 of this issue, there is a statement to the effect, Judges Visit Palace – Cebu Representative Clavel Asas Martinez, a member of the prosecution panel confirmed that she too heard that “There are senator judges who frequent Malacañang to discuss with the defense lawyers the strategies that they will use during the impeachment proceedings.” She identified the senator judges as John Osmeña, Tessie Aquino Oreta, and Juan Ponce Enrile.

I just want to make it of record, Mr. Chief Justice and distinguished members of the Senate, and ladies and gentlemen, that I have never been to this palace at any time whether day or night, morning, afternoon, noon since this hearing started.

I am not going to make an issue about this, but I just want the public to know that I know how to play my role in this particular proceeding.

And I hope that you will not cast any judgment on my impartiality without any actual evidence to that effect.

Thank you.

THE PRESIDING OFFICER. Your Honor would not be joining the motion of the Honorable Senator Judge Coseteng? So…

SEN. ENRILE. Well…

THE PRESIDING OFFICER. Excuse me…

SEN. ENRILE. If there is a pending…

THE PRESIDING OFFICER. Aquino Oreta.

SEN. ENRILE. If there is a pending matter on this, Mr. Chief Justice, I may just as well join in order to settle this issue once and for all.

In fact, as members of this Court, we are entitled to a certain degree of concession in the sense that we should not be booed when we stand up here. It is contumacious for anyone in this hall to boo a judge. You can not do that in ordinary courts. And I have not raised this issue before, but if anybody will boo any judge here again, I will ask the Court to hold the persons or person in contempt.

THE PRESIDING OFFICER. We will consider that matter and manifestation as soon as the Honorable Prosecutor Martinez shall have arrived.

REP. MORENO. Mr. Chief Justice.

THE PRESIDING OFFICER. Yes, Honorable Prosecutor Moreno.

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

This representation would like to request the Honorable Court, if it could make action, Mr. Chief Justice, with respect to the subpoena that we have sought in respect to the Westmont Bank accounts, Mr. Chief Justice.

THE PRESIDING OFFICER. Would you do that later, please, so, we’ll have order in the agenda?

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

THE PRESIDING OFFICER. There is still a pending incident arising out of the dictated order. The defense mentioned… Yes.

REP. APOSTOL. Mr. Chief Justice. The defense is asking 24 hours and this Court has given the defense 24 hours to file a motion for reconsideration. May we be given, at least, the same…

THE PRESIDING OFFICER. The same.

REP. APOSTOL. …number of hours to file an opposition.

THE PRESIDING OFFICER. Upon receipt.

REP. APOSTOL. Upon receipt of the motion.

THE PRESIDING OFFICER. The request is very, very reasonable, and granted. And the defense is directed to immediately furnish the prosecution with a copy of a motion to reconsider, if at all one is filed.

The prosecution through the Honorable Arroyo mentioned of a letter supposedly written for and in behalf of one Dichaves who now claims to be the owner of the challenged account number. Would the prosecution also ask for time to respond to that letter? Because it involves now Section 2, of Republic Act 1405.

REP. ARROYO. Mr. Chief Justice, this is not a pleading. That’s why I mentioned earlier that, as far as we’re concerned, that’s a scrap of paper because it is not a pleading, it’s just a letter.

Now, you see, we’re afraid of this kind of setup because we see now a very clear tendency of a certain person agreeing to be the owner, the holder of that account through a simple letter. He would like to save the President because that’s the thrust of the letter, that he would now just like to say that that 142 million check is his, that is his. A simple letter and it hamstrungs the proceeding. As far as we are concerned, that is the President’s. Now, somebody comes here and tells us, “No, that is mine.”

I think it’s a cheap shot, Mr. Chief Justice. It’s a cheap shot. And I am not accusing the defense or what. But how far are we going in this proceeding? The respondent here is the President. We have asked that it be examined.

Now, out of the blue comes a Dichaves and says “that is mine,” late just after this Court had issued a resolution that “Yes, we could open the account.” But before, he kept quiet. And what standing does he have here to say that he is? Well, if he wants to, then perhaps a formal pleading or whatever. But as far as we’re concerned, let a better defense be made that 142 million check is owned by someone who, out of the blue. We have been discussing this for almost two weeks and he comes belatedly and says he owns the account and muddles the whole picture. I mean, we find that a little …

THE PRESIDING OFFICER. Yes.

REP. ARROYO. … kind of …

THE PRESIDING OFFICER. The Presiding Officer will consider the manifestation as, in fact, an objection or opposition to the letter.

And the ruling of the Chair is, the letter is simply noted until some kind of an appropriate pleading may be filed.

Another, before we go into the trial proper, the Senate President also informed the Presiding Officer that during the caucus of the senators, the honorable senators as judges of the Impeachment Court had decided to cancel the scheduled hearings on 26, 27, 28, 29 of December. But upon consultation with the prosecution and the defense, am I correct in this statement, from the prosecution and also from the defense?

REP. ARROYO. That’s correct, Mr. Chief Justice.

THE PRESIDING OFFICER. And you agreed?

REP. ARROYO. Yes.

THE PRESIDING OFFICER. And also from the defense, you agreed?

So cancelled, provided, however that we should make up for this lost time days by having the hearings starting on 2nd January 2001 at two o’clock until eight o’clock in the evening, meaning two to eight, starting January 2. So avail of your time during the holidays so you’ll be ready to face again the ordeal of the proceedings here and you will have all the time to prepare, especially the defense and the prosecution. So that would be the new calendar.

Yes, what is the pleasure of the Honorable Daza?

MR. DAZA. Well, we heard that the prosecution has agreed. But we beg the indulgence of the Court. May we be given one minute to consult among ourselves and …

THE PRESIDING OFFICER. About what?

MR. DAZA. … inform the …

THE PRESIDING OFFICER. I thought …

REP. ARROYO. Well, Mr. Chief Justice, we agreed because we thought that the defense agreed, otherwise, then there are going …

MR. DAZA. Yes. We I’ve just been told. I’ve just been told that the defense panel …

THE PRESIDING OFFICER. … agreed.

MR. DAZA. … agreed.

REP. ARROYO. Don’t make it look like as if we I mean, this is don’t put one over us. We …

THE PRESIDING OFFICER. Probably, you would like really to continue with the trial on 26, 27, 28, 29, and even 30. It’s not a problem for the Presiding Officer.

REP. ARROYO. Mr. Chief Justice.

THE PRESIDING OFFICER. Yes, Your Honor.

REP. ARROYO. Just an incidental matter. During the recess, if we would like to request for the issuance of, let’s say, subpoena or subpoena duces tecum, to whom do we go to? I mean, because we’ll be working …

THE PRESIDING OFFICER. You mean, to whom would you direct it …

REP. ARROYO. Yes, sir.

THE PRESIDING OFFICER. … for the approval of the for the issuance of the subpoena?

REP. ARROYO. Yes, sir.

THE PRESIDING OFFICER. The Chief Justice will be in his office starting on the 26th.

REP. ARROYO. Thank you very much.

THE PRESIDING OFFICER. For as long as it will not involve matters which could still be covered by the issue in question.

The Majority Leader.

THE MAJORITY LEADER. Well, Chief Justice, we are now ready to resume the presentation of witnesses. The prosecution will call the next witness to the stand. Both sides, as requested earlier, will please identify their respective examining and assisting counsel.

THE PRESIDING OFFICER. The prosecution.

REP. APOSTOL. May we call our next witness, Mr. Jay Sonza?

THE PRESIDING OFFICER. How many witnesses do you have for this afternoon?

REP. APOSTOL. We have five available witnesses.

THE PRESIDING OFFICER. Five available witnesses.

REP. APOSTOL. We are supposed to have six, but …

THE PRESIDING OFFICER. They are all in the holding room?

REP. APOSTOL. Yes, Mr. Chief Justice.

THE PRESIDING OFFICER. And so, who will be the first of the five?

REP. APOSTOL. Mr. Jay Sonza.

THE PRESIDING OFFICER. And we will request for the announcement of the examining counsel, the assisting counsel for the prosecution and also the cross examining counsel and assisting counsel for the defense.

REP. APOSTOL. Yours truly will be the examining counsel and assisting counsel is Atty. Augusto.

THE PRESIDING OFFICER. Augusto San Pedro.

REP. APOSTOL. A private prosecutor.

THE PRESIDING OFFICER. Call the witness.

MR. MENDOZA. Mr. Chief Justice …

THE PRESIDING OFFICER. For the defense.

MR. MENDOZA. So that in line with your suggestion, we may start working out among ourselves who stays in court and who goes to the office to do some pleadings. May I inquire who the witnesses are going to be for the whole afternoon so that we can decide whether some of us are the ones who should stay and some of us may excuse themselves?

THE PRESIDING OFFICER. That is a very good suggestion and I hope that both would adopt that.

REP. APOSTOL. Our next witness …

THE PRESIDING OFFICER. Probably only the examining counsel and the assisting counsel and two or three others may stay behind for the prosecution and also for the defense while the rest may be assigned to do other some work to accomplish.

REP. APOSTOL. Well, we have the following: our next witness will be the representative of President Vergara, in the person of Annie Ngo; then, we have the bank managers.

MR. MENDOZA. Of what bank?

REP. APOSTOL. The bank branch managers of Equitable Bank Equitable PCI Bank.

THE PRESIDING OFFICER. The testimony of that witness will not be covered by the pending incident yet.

REP. APOSTOL. No, Mr. Chief Justice.

THE PRESIDING OFFICER. With that assurance, he can be presented.

MR. MENDOZA. Nothing more? No more?

REP. APOSTOL. No more.

THE PRESIDING OFFICER. They have five.

MR. MENDOZA. I thought five.

THE PRESIDING OFFICER. Would you just …

REP. APOSTOL. We have another one …

THE PRESIDING OFFICER. Yes, you mention the five because they are supposed to be ready for this afternoon, unless you do not want to disclose the names …

REP. APOSTOL. The other witness is Mr. …

THE PRESIDING OFFICER. … subject to the agreement you had before.

REP. APOSTOL. Mr. Chief Justice, our other witness is Mr. Raul de Guzman, but I understand that he wrote a letter to you.

THE PRESIDING OFFICER. Yes, we received a letter from Raul de Guzman and according to him, he cannot appear because he has been in the hospital for a week now and his present medical condition constrains him from personally performing the task. Enclosed to this is a medical report, but he will try his best to present himself to the Court as soon as circumstances would allow.

And the Chair would request the Legal Counsel, the Chief of the Legal Office or the Secretary of the Court to furnish the prosecution with copies of the letter, the return, and the annexes to the letter, anyway, you have enough witnesses in the meantime.

Administer the oath on the witness.

REP. APOSTOL. All bank’s managers.

THE PRESIDING OFFICER. All managers.

REP. APOSTOL. I mean, one is the representative of the president of the bank, Equitable PCI Bank, and the others are bank managers, but one of them is not involved in the so called issue which was discussed a while ago.

MR. MENDOZA. This refers to exhibits already marked, copies of which have been furnished us?

REP. APOSTOL. Yes.

MR. MENDOZA. Examining counsel for the defense will be Atty. Jose Flaminiano and the assisting counsel will be Atty. Cleofe Versola, Your Honors.

THE PRESIDING OFFICER. Make that of record.

The Secretary will administer the oath on the witness.

THE SECRETARY. Please raise your right hand.

You, Jay Sonza, 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. SONZA. I do.

THE SECRETARY. Okay, please sit down.

THE PRESIDING OFFICER. You can sit.

REP. APOSTOL. Mr. Chief Justice, Your Honors.

THE PRESIDING OFFICER. Honorable Apostol.

REP. APOSTOL. We are presenting this witness to prove that President Estrada received 200 million in jueteng protection money collected by Governor Singson.

Second, President Estrada knew when the said amount was delivered to his lawyer, Atty. Eduardo Serapio.

Now, Mr. Witness, will you please state your name?

MR. SONZA. My name is Jose Yumang Sonza.

REP. APOSTOL. Age.

MR. SONZA. I am 45 years old.

REP. APOSTOL. Civil status.

MR. SONZA. I am single by decree of court, annulment.

REP. APOSTOL. Address.

MR. SONZA. Number 32, October Street corner Senatorial Drive, Congressional Village, Phase I, Barangay Bahay Toro, Quezon City.

REP. APOSTOL. And your occupation.

MR. SONZA. I’m a journalist by profession.

REP. APOSTOL. You mentioned that you are a journalist, with what agency or agencies are you connected with?

MR. SONZA. I do regular programs for DZRH, the flagship AM station of Manila Broadcasting Company. I also co host a regular weekly talk show over GMA Network, Partners Mel and Jay. I also do a daily evening program Erap on Trial, Hatol ng Kasaysayan over ABC 5. I’m also the program host producer for Tapatan over RPN 9. And I’m also a program consultant for Manila Broadcasting Company. And I also write a regular column Mondays, Wednesdays and Fridays over Monica Publication, Abante.

REP. APOSTOL. Well, do you know the respondent President Ejercito Estrada in this case?

MR. SONZA. Come again, Your Honor?

REP. APOSTOL. Do you know the respondent President Joseph Ejercito Estrada?

MR. SONZA. Yes, Your Honor.

REP. APOSTOL. On why do you know him?

MR. SONZA. He is the President of the Republic of the Philippines.

REP. APOSTOL. Well, sometime on November 9, 2000, did you have any occasion to meet or see him?

MR. SONZA. No, Your Honor.

REP. APOSTOL. On November 13, did you have any occasion to interview the President?

MR. SONZA. Yes, Your Honor.

REP. APOSTOL. Now, where was the interview conducted?

MR. SONZA. It was conducted over MBC, DZRH at between 8 to 10 in the morning of same date.

REP. APOSTOL. Well, during the that November 13, 2000 interview, will you please tell this body what was the subject matter of the first questions of your interview to President Estrada?

MR. SONZA. The interview was relative to the burning issues of those days. It has something to do with issues raised during the investigation of the Senate Committee on Public Accountability, otherwise known as the Senate Blue Ribbon Committee. It has also something to do with the allegations made by the Governor of Ilocos Sur, Luis Singson, alleging among others the implication of the President on several other alleged graft and corruption and other misdemeanor.

REP. APOSTOL. During that interview, was there any occasion where a so called P=200 million was mentioned?

MR. SONZA. Yes, Your Honor.

REP. APOSTOL. How was it mentioned?

MR. SONZA. Well, my co anchor, Mr. Deo Macalma and I I remember we specifically asked the President of the Republic whether he has any reaction to the allegations of Mr. Singson, among others, the receipt of 200 million by a certain Atty. Eduardo Serapio.

REP. APOSTOL. And do you know was Eduardo Serapio mentioned as being connected with the President?

MR. SONZA. Yes, Your Honor.

REP. APOSTOL. How?

MR. SONZA. The question actually was I remember asking him whether if it is true that the amount mentioned, 200 million, was indeed received by Atty. Eduardo Serapio whom reports attribute as the personal lawyer of the President.

REP. APOSTOL. Now, that interview, was there any transcript taken?

MR. SONZA. Yes, Your Honor.

REP. APOSTOL. Showing to you this transcript Mr. Chief Justice.

THE PRESIDING OFFICER. Yes.

REP. APOSTOL. This has been previously marked conditionally as Exhibit “NNN.” Will you please look at this transcript and tell this Honorable Body what is the relation of that transcript you mentioned a while ago with the transcript now shown to you?

MR. FLAMINIANO. Mr. Chief Justice.

THE PRESIDING OFFICER. Yes, Atty. Flaminiano.

MR. FLAMINIANO. We have no copy of the transcript being sought to be identified by the prosecution.

REP. APOSTOL. It has been distributed.

THE PRESIDING OFFICER. Well, we had an agreement earlier that copies of these three marked exhibits should be given to the defense?

REP. APOSTOL. Yes. Mr. Chief Justice, we distributed it.

THE PRESIDING OFFICER. But anyway, give him a copy now.

REP. APOSTOL. The page has just given a copy to Atty. Versola.

THE PRESIDING OFFICER. Anyway, there are only three pages for Exhibit “NN.”

REP. APOSTOL. Yes, Mr. Chief Justice because it’s a very short interview on the pertinent questions-and-answers portion.

THE PRESIDING OFFICER. Triple. NNN.

REP. APOSTOL. Yes.

THE PRESIDING OFFICER. Okay.

REP. APOSTOL. Which has been marked — may I now repeat the question, Mr. Chief Justice?

Showing to you this transcript of the tape taken on Nov. 13, 2000 previously marked as Exhibit “NNN,” what is the relation of this transcript to that transcript of the tape which you mentioned a while ago?

MR. SONZA. This is exactly how the interview went on between me and Mr. Estrada and Mr. Macalma, Your Honor.

REP. APOSTOL. Now, for the record, will you please read the transcript.

MR. SONZA. (Reading the transcript.)

“JAY. Yes, sir, mabuti naman po at pinaunlakan ninyo ang tawag namin sapagkat noong kinabukasan pagkatapos po ng interbyu namin sa inyo, may mga naglabasang balita tungkol sa interpretation nila ay ina-admit n’yo raw po na tinanggap n’yo iyong 200 million bribe money ni Mr. Singson. Ano pong paliwanag dito kasi kami rito, tsine-check din po namin iyong sinabi n’yong ganoon. Mukhang saliwa iyong ano… iyong pagkakasulat sa diyaryo?

“MR. ESTRADA. Oo nga, pareng Jay, talagang nakikita mo, deliberate iyong paninira nila at gusto nila kaming baligtarin at puro dis-impormasyon iyong binibigay sa ating mga taong bayan. Maliwanag na maliwanag naman ang sinabi ko noong tinanong mo ako, eh kung noong mayor ako hindi ko… hindi ko pinatulan iyang jueteng, ngayon pang presidente ako.

“JAY.Opo.

“MR. ESTRADA. Eh maliwanag na maliwanag naman na sinabi ko iyon o sinabi ko sa iyo na iyong 200 milyon, hindi ko alam na pinadeposito ni Chavit Singson doon sa foundation. Wala akong kaalam-alam diyan. Noon na lang bandang huli dahil sinabi niya doon sa kay Atty. Serapio, iyong corporate secretary ng foundation, na huwag ng sabihin kay presidente iyan, ako na ang magsasabi. Sosorpresahin ko siya.

“JAY.Ah, may pasubali siya.

“MR. ESTRADA.Kaya hindi naman nasabi sa akin kaagad ni Atty. Serapio kaya noong bandang Agosto noong nag ah… noong kumukuha sila ng mga application para doon sa mga… sa foundation, sa mga muslim na ipadadala sa Amerika, eh nabanggit niya sa akin kung mayroon bang… kung mayroon daw nasabi sa akin si Chavit Singson. Eh, sinabi ko wala. Eh ngayon ang sinasabi niya sa akin, nag-donate ng 200 milyon. Eh basta… baka kako… baka kung saan galing iyan. Ang mabuti pa huwag n’yong gagalawin iyang perang iyan.

“JAY.Ah, so inutos ninyo na huwag ninyong galawin?”

Iyan po iyong bahagi ng talastasan sa pagitan ng inyong lingkod at ng Pangulo noong ika-13 ng Nobyembre.

REP. APOSTOL Do you affirm and confirm the truth and veracity of the contents of this transcript?

MR. SONZA. Yes, Your Honor.

REP. APOSTOL. Now, are you willing to sign this transcript at the back of the third page?

MR. SONZA. Yes, Your Honor.

THE PRESIDING OFFICER. What was the request, Honorable Apostol?

REP. APOSTOL. The November 9 is not included, so I am requesting him to sign at the end of the November 13 transcript.

Now, is there any tape of this proceedings?

MR. SONZA. Yes, Your Honor.

REP. APOSTOL. Why is it taped?

MR. SONZA. Because it’s a standard operating procedure for MBC stations to tape our programs. We call it “Tape-on-Air” and keep it in preparation for our annual report which we usually air at the end of the year.

REP. APOSTOL. Now, do you have a copy of that tape?

MR. SONZA. I have submitted it to the prosecution, Your Honor.

REP. APOSTOL. Showing to you this tape for purposes of identification, may we request that this be marked as “NN-2”. What is the relation of that tape to that tape which you mentioned a while ago?

THE SENATE PRESIDENT. Excuse me, Chief…

THE PRESIDING OFFICER. Excuse me. “NN-2”?

REP. APOSTOL “NN-2.”

THE SENATE PRESIDENT. Triple N.

THE PRESIDING OFFICER. Triple N.

REP. APOSTOL. Triple N. That’s why I said, “NNN-2.”

THE PRESIDING OFFICER. Ah! The Presiding Officer’s copy already includes Exhibit “NNN-2”, which is the page of the transcript of 13 November.

REP. APOSTOL. By virtue of the testimony of the witness that he does not remember about the November 9 interview, we are now withdrawing the other pages.

THE PRESIDING OFFICER. Which pages would be withdrawn?

REP. APOSTOL. The page on the November 9 interview.November 9, 2000.

THE PRESIDING OFFICER. So, in other words, you are withdrawing Exhibits “NNN-1” and “NNN-2”.

REP. APOSTOL. Just a minute, Mr. Chief Justice. I’ll just ask a question.

Now, you mentioned that there was – you conducted an interview sometime in November 13, 2000?

MR. SONZA. Yes, Your Honor.

REP. APOSTOL. Now, a while ago you also said that you did not meet the President on November 9?

MR. SONZA. Yes, Your Honor.

REP. APOSTOL. Did you have any occasion of interviewing the President before November 13, 2000?

MR. SONZA. Yes, Your Honor.

REP. APOSTOL. When was that?

MR. SONZA. On the 9th of November, Year 2000.

REP. APOSTOL. May I show you now the – Do you have a transcript of that November 9 interview?

MR. SONZA. Yes, Your Honor.

REP. APOSTOL. Now, showing to you this transcript of the November 9 interview which for purposes of identification has been previously marked as Exhibit “NNN-1”.

THE PRESIDING OFFICER. Triple N?

REP. APOSTOL. Triple N-1. Will you please look at the transcript and tell this Honorable Body what is the relation of this transcript to the transcript of the interview of November 9, which you mentioned a while ago?

MR. SONZA. Your Honor, this transcript is the transcript of the actual interview made between Mr. Macalma, Mr. Estrada and this representation, Your Honor.

REP. APOSTOL. Now, for purposes of record, will you please look and read the transcript for the record?

MR. SONZA. The transcript goes like this:

“DEO MACALMA. Alam niyo po, Mr. President, mayroon din pong binabanggit itong – nabanggit din po itong si Atty. Ed Serapio na dito sa hearing sa Blue Ribbon Committee, ano po ang alam niyo o alam niyo po bang sinasabing napunta sa kanya ang 200 milyon daw, Mr. President.

“SAGOT PO NI GINOONG ESTRADA. “Ah, totoo ‘yan. ‘Yan na nga ang ating ite-testigo. Eh ‘yan ang sinasabi ni Mr. Singson na ‘yun daw ay ibinibigay o ibinigay sa akin. ‘Yang perang ‘yan ay intact ‘yan, nasa bangko.

“SUMINGIT PO AKO NG TANONG, Ah, talagang may ibinigay siyang 200 milyon.

“SAGOT PO NG PANGULO. Alam mo ‘yan ang pinipilit niyang ibigay sa akin noon.

“ANG SABI KO – Nag-follow-up po ako ng tanong, “Iniaabot po sa inyo?”

“SUMAGOT PO ANG PANGULO. Hindi ako. Hindi ko papatulan ‘yan sapagkat noon, noong mayor ako hindi ko pinatulan ‘yan jueteng money ngayon pang presidente ako. ‘Yan iniipon-ipon niya ‘yan kung saan-saan niya ipina-deposito. Nitong huli ko na lamang nalaman.

“SUMAGOT PO AKO O NAGTANONG PO AKO. Tapos pinabibigay sa inyo?

“ANG SAGOT PO NI MR. ESTRADA. Noong umabot na ng 200 milyon, noong mga Abril pa raw ‘yan, ay noong nakaraang Abril lamang at Mayo ay inutusan niya ‘yong Yolly kay Atty. Serapio na siya ang corporate secretary, corporate secretary ng Muslim Youth Scholarship Foundation. Doon niya pinadi-deposit ito at ‘yong perang ‘yan ay intact. Kahit isang pera wala pang nagagasta. Marami na ngang –“

“AND THEN PUMASOK PO AKO SA TANONG. So gagawin niyo po itong katibayan ito, sir, laban sa kanya?

“ANG SAGOTPO NI MR. ESTRADA. Isa ‘yan sa mga katibayan natin kaya ‘yan ay talagang panlilinlang sa taong bayan ang ginagawa niya o ginagawang ‘yan.”

REP. APOSTOL. You affirm the truth and veracity that these questions were asked and those are the answers given by President Estrada?

MR. SONZA. Yes, Your Honor.

REP. APOSTOL. Are you willing to sign this transcript at the bottom of page 2 which is marked as Exhibit “NN 2″?

THE PRESIDING OFFICER. Triple.

REP. APOSTOL. “NNN 2″.

MR. SONZA. Ang nabasa ko lang ho, Your Honor, ay hanggang “NNN 1″. I cannot sign under Exhibit “NNN 2″.

REP. APOSTOL. I will ask the question.

Now, go to the other page which is now marked as “NNN 2″.

For the record, will you please read the same.

MR. SONZA. Ito po iyong continuation ng sinabi ni Mr. Estrada doon sa tanong kong, “So gagawin ninyong katibayan ito, sir, laban sa kanya?”

“Ang sagot po ni Mr. Estrada bilang kadugtong, “Huwag ninyong gagalawin ‘kako at mabuti pa maisauli iyan at imbestigahin kung saan nanggaling ‘yan. Kaya naman iyong pera hanggang ngayon ay intact doon, hindi ginagalaw, pero wala akong kinalaman noon. Hindi ko nalaman noon noong dineposito iyan diyan. Ang nakakaalam lang iyong inutusan ni Chavit Singson na si Yolanda at saka si Atty. Serapio. Maliwanag na maliwanag naman iyon kung ‘yon eh. Eh pagkatapos sasabihin ng mga ibang pahayagan, ah, ‘Erap admits bribe.’ Talagang binabaliktad, niloloko at nililinlang ang taong bayan.”

REP. APOSTOL. Do you affirm the truth and veracity that that is the answer given to the question on page 1?

MR. SONZA. Let me clarify, Your Honor. This page 2, Exhibit “NNN 2″ is actually a continuation of Exhibit “NNN” in answer to the question, “Ah, so iniutos ninyo na huwag galawin?” It is not a continuation of the transcript of November 9, 2000 interview.

REP. APOSTOL. Again, do you affirm the truth that this answer was given by President Estrada…

MR. SONZA. Yes, Your Honor.

REP. APOSTOL. … during the interview of November 13?

Now, I go back to “NNN 1″. Are you willing to sign…

MR. SONZA. Yes, Your Honor.

REP. APOSTOL. … this transcript at the bottom of the same?

Please sign.

THE PRESIDING OFFICER. At the bottom. May I request that it should be at the bottom, directly under the last word.

REP. APOSTOL. Yes, Your Honor.

THE PRESIDING OFFICER. Not to leave any space.

REP. APOSTOL. At the bottom, directly under the last words “bayan ang ginagawa niyan.”

MR. SONZA. Yes, Your Honor.

REP. APOSTOL. Now, on Exhibit “NNN 2″, are you willing to sign the same as being true and correct as the answer given by President Estrada?

MR. SONZA. Yes, Your Honor.

REP. APOSTOL. Please sign at the bottom, immediately, “at nililinlang ang taong bayan.”

THE PRESIDING OFFICER. And would you kindly indicate the date you had affixed your signature. (Pause) Also for the previous pages.

REP. APOSTOL. Now, a while ago when a question was asked about the tape, you answered that the proceedings were taped. Do you have a copy of the tape on the November 9, 2000 interview, if you have?

MR. SONZA. Yes, Your Honor.

REP. APOSTOL. Showing to you this tape, which for purposes of identification, may we request that this be marked as Exhibit “NNN 3″, the November 9 tape.

THE PRESIDING OFFICER. Let it be so marked.

REP. APOSTOL. Will you please look at the same and tell this Honorable Tribunal what is the relation of this tape as to that of the tape which you mentioned a while ago.

MR. SONZA. This tape, Your Honor, contains exactly, were part of… or contains the transcript I just read a moment ago.

REP. APOSTOL. Now, about….

THE PRESIDING OFFICER. The Presiding Officer would request the witness to initial below the exhibit number and to put the date.

May we also request a representative of the prosecution and the defense to make the initials, their own initials.

REP. APOSTOL. Witness is attaching his signature to the tape itself and …

THE PRESIDING OFFICER. Counsel may proceed.

REP. APOSTOL. Now, about the November 13, 2000 inter¬view, do you have any tape of that interview?

MR. SONZA. Yes, Your Honor.

REP. APOSTOL. Now, showing to you this tape, which for purposes of identification we request that this be marked as Exhibit “NNN 4″. Will you please look at this tape and tell this Honorable Tribunal what is the relation of this tape to that of the tape which you mentioned a while ago?

MR. SONZA. Ito po iyong tape na na kung saan nalala¬man iyong bahagi po nuong mga binasa ko kanina, Your Honor.

REP. APOSTOL. Please sign this tape to prove that this is the tape really taken during this time?

THE PRESIDING OFFICER. Representatives of the prosecu¬tion and the defense, also affix your initials on the newly marked exhibit.

REP. APOSTOL. The witness signing … attaching his signature on the tape. And may I request that the Secre¬tary General sign attach the number of exhibit.

THE PRESIDING OFFICER. The Secretary of the Senate is directed to do that, as requested.

REP. APOSTOL. Your Honor please, I am sorry we failed to make the necessary arrangement to bring in the tape recorder for the playing of the tape. Perhaps some other times when the decision will be due …

THE PRESIDING OFFICER. Replaying?

REP. APOSTOL. Yes, Your Honor.

THE PRESIDING OFFICER. You already have the transcript anyway.

REP. APOSTOL. Okay.

THE PRESIDING OFFICER. The questions and the answers were already read into the record.

REP. APOSTOL. We are through, Mr. Chief Justice. Thank you very much, Your Honors.

THE PRESIDING OFFICER. Cross-examination, Atty. Flamin¬iano.

MR. FLAMINIANO. Mr. Chief Justice, sir, may I proceed.

THE PRESIDING OFFICER. You may.

MR. FLAMINIANO. Mr. Sonza, what appears in these Exhib¬its “NNN”, “NNN 1″, “NNN 2″, are merely extracts or excerpts from that program.

MR. SONZA. Yes, Your Honor.

MR. FLAMINIANO. These are not actually transcripts?

MR. SONZA. Yes, these are extracts from the interview I conducted.

MR. FLAMINIANO. Yes, but you have been referring to them as transcripts.

MR. SONZA. I stand corrected on that, Your Honor.

MR. FLAMINIANO. So, you stand corrected.

Now, who prepared these extracts?

MR. SONZA I did prepare for this, Your Honor.

MR. FLAMINIANO. When did you prepare these extracts?

MR. SONZA. This morning, Your Honor.

MR. FLAMINIANO. Only this morning?

MR. SONZA. Yes.

MR. FLAMINIANO. Now, you identified two tapes.

MR. SONZA. Yes, Your Honor.

MR. FLAMINIANO. Did you have anything to do with the recording of this interview?

MR. SONZA. I didn’t have anything to do with that.

MR. FLAMINIANO. So you have no participation at all in the tape recording of this particular interview?

MR. SONZA. By standard operating procedure of the station, it is the master control technician who taped the show, Your Honor.

MR. FLAMINIANO. So you have no personal knowledge about who actually recorded this interview?

MR. SONZA. The technician on board at the time I can identify, Your Honor.

MR. FLAMINIANO. Yes, but you were not the one who assisted the technician in taping this interview?

MR. SONZA. That’s not my job, Your Honor.

MR. FLAMINIANO. It is not your job.

MR. SONZA. Actually.

MR. FLAMINIANO. That will be all with the witness, Your Honor.

THE PRESIDING OFFICER. Redirect, Prosecutor Apostol?

REP. APOSTOL. No redirect, Mr. Chief Justice, Your Honors.

THE PRESIDING OFFICER. Thank you, The witness is now excused. Call the next witness.

REP. APOSTOL. Our next witness is Mrs. Annie Ngo. The prosecutor conducting the direct examination is Prosecutor Oscar Moreno and assisting him is Prosecutor Eduardo Antonio Nachura.

THE PRESIDING OFFICER. For the defense? Who will be the cross-examining counsel for the defense? The same? For the next witness, Atty. Flaminiano, you will handle for it, for the defense?

MR. FLAMINIANO. Cross examining counsel will be this representation, Your Honor, and the assistant examining counsel will be Atty. Versola.

THE PRESIDING OFFICER. So, the same.

Administer the oath of the witness, Mr. Secretary.

THE SECRETARY. Kindly stand up.

You, Annie Ngo, 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. NGO. I do.

THE SECRETARY. Sit down.

THE PRESIDING OFFICER. Were you able to record the answer of the witness, stenographers?

The Presiding Officer was not able to hear.

Prosecutor Moreno, you may now proceed.

REP. MORENO. The name of the witness, Mr. Chief Justice, is Ms. Annie Ngo.

Mr. Chief Justice.

THE PRESIDING OFFICER. Yes, Prosecutor Moreno.

REP. MORENO. May I please ask the indulgence of the Court to allow our colleagues to distribute the documents, Mr. Chief Justice, which are already…

THE PRESIDING OFFICER. What are these documents? Exhibits to be identified by the witness?

REP. MORENO. Yes, Mr. Chief Justice.

THE PRESIDING OFFICER. That should have been distributed much earlier. So we might be again compelled to call for a suspension for the judges to be able to read them and follow through the testimony of the witness as she identifies the documents.

REP. MORENO. They are now ready for distribution, Mr. Chief Justice.

Mr. Chief Justice, some of the documents were given to us by the witness only during lunch, Mr. Chief Justice. We beg for the court’s indulgence.

THE PRESIDING OFFICER. You may proceed now.

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

The testimony of Ms. Annie Ngo is being offered to prove the following, Your Honors:

1) That Mrs. Yolanda Ricaforte opened various accounts deposit and other bank accounts with five branches of Equitable PCI Bank, namely: 1) Timog-Scout Tobias Branch; 2) Diliman Matalino Branch; 3) Pedro Gil Robinsons Branch; 4) T.M. Kalaw Luneta Branch; 5) Quezon Avenue Scout Albano Branch, and the Isidora Hills Branch of Equitable Savings Bank, a wholly-owned subsidiary of Equitable PCI Bank;

2) Mr. Chief Justice, Your Honors, is to prove the various transactions of Mrs. Yolanda Ricaforte with these branches in relation to these accounts;

Third would be to prove that among said transactions, Mrs. Yolanda Ricaforte purchased from these branches, six branches, six cashier’s checks, one cashier’s check per branch, in the total amount of 200 million all payable to Cash;

Fourthly, that said six cashier’s checks were received by Mrs. Yolanda Ricaforte from the respective issuing branches;

Fifthly, to identify the bank documents relating to the foregoing transactions; and,

Lastly, that Cellular Phone No. 09189021847 previously testified on by prosecution witness Ms. Menchu Itchon, belonged to Mrs. Yolanda Ricaforte.

If I may please proceed, Your Honor.

THE PRESIDING OFFICER. You may proceed.

REP. MORENO. Your Honor, before I do, may I ask for a leave to allow us to use the projector, Your Honor. These are bank documents and I think it is very important that as we go along, these documents are shown on the screen, Your Honor.

THE PRESIDING OFFICER. Any objection from the defense?

MR. FLAMINIANO. Mr. Chief Justice, we have to interpose an objection to the aid of this screen.

THE PRESIDING OFFICER. What’s the basis?

MR. FLAMINIANO. Our basis is that this is an attempt to again unduly prejudice the respondent, Your Honor. This would be, in effect, trial by publicity because the proceedings in this case are being monitored outside, Your Honor.

THE PRESIDING OFFICER. What would be projected on the screen?

REP. MORENO. The transactions, Your Honor, as recorded in the documents.

THE PRESIDING OFFICER. You refer to the exhibits already marked?

REP. MORENO. … Yes, Your Honor. All of it, Your Honor.

THE PRESIDING OFFICER. If these are exhibits already marked, the request may be granted.

REP. MORENO. Thank you, Your Honor.

Now, if I may please proceed, Mr. Chief Justice.

Now, Miss Ngo, can you please…

MS. NGO. Sir.

REP. MORENO. … give your name and personal circumstances.

MS. NGO. I am Annie Ngo. I am a resident of No. 15 Manga Road, New Manila, Quezon City. I am the First Vice President and Head of the Western Metro Division, Retail Banking Group of Equitable PCI Bank.

THE SENATE PRESIDENT. Mr. Chief Justice, may we just…

THE PRESIDING OFFICER. Yes, the Senate President.

THE SENATE PRESIDENT. … have this issue clarified.

What’s your last name again?

MS. NGO. Ngo, N G O.

THE SENATE PRESIDENT. N G O.

MS. NGO. Yes, sir.

THE SENATE PRESIDENT. Your first name is Annie?

MS. NGO. Annie.

THE SENATE PRESIDENT. A N N I E.

MS. NGO. A N N I E.

THE SENATE PRESIDENT. And then, N G O?

MS. NGO. Yes, sir.

THE SENATE PRESIDENT. All right. Thank you.

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

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

Now, Miss Ngo, this Court has issued a subpoena addressed to Mr. Wilfrido Vergara or his duly authorized representative, to appear in today’s hearing and to bring with him the certain documents.

Now, have you been authorized by Mr. Wilfrido Vergara?

MS. NGO. Yes, I was authorized by our beloved Bank President, Mr. Wilfrido Vergara, to be his authorized representative.

REP. MORENO. And what are the reasons for your being a competent representative of Mr. Vergara?

MS. NGO. Well, the subpoena covers various transactions involved in six bank branches and I used to be a branch manager before I became a division head. So I am very familiar and very well versed with the day to day processes of bank transactions and how the bank documents such. And besides, I was also authorized by our Bank President to gather the pertinent records and documents regarding the various deposits of Miss Yolanda Ricaforte and to conduct an in depth study on how to present this briefly and clearly to this august body without taking too much of your time. But if necessary, I have with me the six bank managers right now so you may direct the questions to them.

REP. MORENO. How long have you been with Equitable PCI Bank?

MS. NGO. I have been with the bank for 12 years.

REP. MORENO. And prior to Equitable PCI Bank, were you connected with any banking institution?

MS. NGO. I used to be a branch manager of Security Bank.

REP. MORENO. Your Honors, I’d like to manifest that Miss Ngo had submitted seven batches of documents. And as a preliminary matter, Your Honor, each of the first six batches, these are from Exhibit “LLL” to Exhibit “LLL 3″, Exhibit “LLL 4″, Exhibit “LLL 5″, Exhibit “LLL 6″, Exhibit “LLL 7″ up to the end of the stapled bunch of documents, respectively, Your Honors, pertain to the six branches. And the documents contained and previously marked as Exhibit “LLL 8″ up to Exhibit “LLL 36″ is a bunch of documents that pertain to the six branches. They were not able to insert some of these documents in the respective branch files because the respective branch files had earlier been submitted, Your Honor.

Now, Miss Witness…

THE PRESIDING OFFICER. So what is your proposal?

REP. MORENO. So I am going to take up, Your Honor, with the witness on a per branch file each of these exhibits.

THE PRESIDING OFFICER. That would be very orderly.

REP. MORENO. Thank you, Your Honor.

THE PRESIDING OFFICER. You may now proceed.

REP. MORENO. Now, Miss Witness, you said that you conducted an in depth study?

MS. NGO. Yes, Your Honor.

REP. MORENO. And have your prepared something out of that study?

MS. NGO. I have prepared a summary.

REP. MORENO. I am showing to you Exhibit “LLL.” This is a one page document. What is the relation of this document with the summary that you have mentioned?

MS. NGO. This is exactly the summary that I prepared, Your Honor.

MS. VERSOLA. Excuse me, Mr. Chief Justice. We do not know what they are talking about. We were not furnished a copy of these documents. May I ask that the prosecutor furnish us, at least, a copy of what they have furnished.

THE PRESIDING OFFICER. Again, that was supposed to be the understanding. I reiterate again compliance, faithful compliance, with your understanding providing copies of your exhibits to the other party, not only to the members of the Impeachment Court so that we will not be wasting our time.

REP. MORENO. I’m sorry, Your Honor. My understanding was that, our staff would already provide to everyone copies of these documents, Your Honor.

THE PRESIDING OFFICER. Provide the defense now with a copy.

REP. MORENO. Yes, Your Honor.

MS. VERSOLA. Thank you, Your Honor.

THE PRESIDING OFFICER. As a matter of fact, the Presiding Officer also suggest that it would be the defense which should be immediately provided with copies since during the markings, the defense was represented. These are all documentary exhibits.

REP. MORENO. I beg your indulgence, Mr. Presiding Officer.

Many of these documents came only during lunch. And, anyway…

Now, I am referring to you, Ms. Witness, a one page document titled … first line reads.. this is Exhibit “LLL.” First line reads: “Equitable PCI Bank, Timog, Scout Tobias Branch.” Could you tell me… could you tell the Court what this Exhibit “LLL” is all about?

MS. NGO. Miss Yolanda Ricaforte opened her first account on September 1, 1999 at Timog, Scout Tobias Branch. And the accounts that were opened are under Current Account No. 010700638 9 and under Savings Account No. 015704227 0.

REP. MORENO. Now, would you have copies of the supporting documents pertaining to this Current Account No. 0107 00638 9?

MS. NGO. Yes, I have, Your Honor. I have copies of her specimen signature cards.

MR. DAZA. Ah, Your Honor.

THE PRESIDING OFFICER. Yes?

MR. DAZA. I noticed that the witness …

THE PRESIDING OFFICER. Just for a while.

MR. DAZA. Yes.

THE PRESIDING OFFICER. I understand that the cross examining counsel for the defense for this witness would be Atty. Flaminiano.

MR. DAZA. Yes.

THE PRESIDING OFFICER. What is the pleasure of defense counsel Daza?

MR. DAZA. Yes, Your Honor. I will just bring it to the attention of the assisting counsel.

THE PRESIDING OFFICER. Yes. Atty. Flaminiano or Atty. Versola.

MS. NGO. This is exactly the same copy, except I have marked the exhibits because I have a separate folder. Yes, sir.

MS. VERSOLA. Your Honor, we were furnished a copy of Exhibit “LLL”, but what Atty. Daza noticed is that, while the witness was making the answers, she was reading from a document which is not this one, which is not a copy of this one. She was reading from another document which is quite confusing to us because we were following her statements. So, may we request that the witness be cautioned to use only the copy of our own Exhibit “LLL.”

THE PRESIDING OFFICER. That should be addressed to counsel for the prosecution to be fair to the defense. But better yet for the defense, especially for the assisting counsel, to be there near the witness so at the time that the document is presented, you can see the document.

REP. MORENO. Thank you, Your Honor. Let me explain because all these bunches of documents could be confusing, Your Honor. The markings are meant to identify the relevant pages of these bunches.

THE PRESIDING OFFICER. So, everytime that you present a document to the witness, indicate the exhibit number …

REP. MORENO. Yes, Your Honor.

THE PRESIDING OFFICER. … so the defense can also be on guard against any surprise.

THE MAJORITY LEADER. Mr. Chief Justice.

THE PRESIDING OFFICER. The Majority Leader, in the meantime, is recognized.

THE MAJORITY LEADER. Mr. Chief Justice, to allow the parties to thresh this point better, perhaps a 20 minute break would be in order?

THE PRESIDING OFFICER. Twenty minutes would be given to the parties to thresh out the matter. So, we shall have a break for 20 minutes.

THE TRIAL WAS SUSPENDED AT 4:03 P.M.

AT 4:29 P.M., THE TRIAL WAS RESUMED.

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. Trial is resumed.

Prosecutor Moreno, you may proceed now.

REP. MORENO. Thank you, Your Honor.

Now, Miss Witness, before the break we were taking up Exhibit “LLL”, a document previously marked as Exhibit “LLL” which is a summary of the Timog Scout Tobias Branch. And you mentioned that this refers to two savings ano, the Current Account. No. 0107 00638 9 and Savings Account No. 157 004227 0.

Now, let me ask you, Miss Witness, do you have copies of the documents pertaining to the opening of these accounts?

MS. NGO. I have with me the original copy of the specimen signature cards pertaining to these two accounts.

REP. MORENO. Now, Your Honors, I’d like to manifest that the originals of all these documents that the witness has carried have all been in her possession and these have not been turned over yet, Mr. Chief Justice. However, we will be comparing these originals with the photocopies which have been premarked already. For instance…

THE PRESIDING OFFICER. What were premarked?

REP. MORENO. Premarked documents…

THE PRESIDING OFFICER. Not the original documents?

REP. MORENO. Not the original documents, Your Honor.

THE PRESIDING OFFICER. But the premarking was done in the presence of counsel for the defense?

REP. MORENO. Yes, Your Honor.

THE PRESIDING OFFICER. Go ahead.

REP. MORENO. Attorney Tecson was so what was these documents on the basis of this is contained in Exhibit “LLL”. Could you take a look at Exhibit “LLL 2B” “LLL 2C” and “LLL 2D” and tell the Court what these documents have in relation to the original documents that you have brought with you?

MS. NGO. These are exactly the photocopies of this original specimen signature that I have with me under CA Number, Current Account Number 01700638 9 and Savings Account Number 0157 004227 0.

THE SENATE PRESIDENT. Mr. Chief Justice.

THE PRESIDING OFFICER. The Honorable Senate President.

THE SENATE PRESIDENT. Mr. Counsel, Congressman Moreno…

REP. MORENO. Yes, Your Honor.

THE SENATE PRESIDENT. … would it be possible for you to go, you know, one exhibit at a time so we can follow it more systematically?

REP. MORENO. Yes, Your Honor, I’d be willing to do that, Your Honor, however, these documents are not arranged chronologically.

Let me tell, Your Honors please, that the witness had earlier prepared these documents and arranged them in the order that she had deemed fit. As I went over these documents, I realized that perhaps a better approach would be to indicate the deposits and then the withdrawals. And in so doing, Your Honor, there would be a we would be jumping from one annex to another but we can approach that on a per document basis, if the court wishes.

So, for instance, Miss Witness, so Exhibit “LLL” is a summary of the deposits and withdrawals. Would you tell the court what these deposits and withdrawals are? And I should add that the supporting documents in respect of all these transactions will have to be taken up as we go along in the subsequent documents.

MS. NGO. The initial deposit that was made on September 1st, 1999 was 17,210,000 and this is represented by Metrobank Ayala Center Check No. 1360. And after that…

THE SENATE PRESIDENT. Excuse me, Mr. Chief Justice.

THE PRESIDING OFFICER. Yes, the Honorable Senate President.

THE SENATE PRESIDENT. Is the check that the witness has mentioned, is that marked already? So, if we can refer to the marking rather than just a bare statement of the check, about the check?

REP. MORENO. This has already been premarked, Your Honor. It is in…

MS. NGO. It’s under Exhibit “J 23.”

THE SENATE PRESIDENT. “J”, “J 23″?

MS. NGO. “J”, “J” as in Jaworski.

REP. MORENO. No, no, if I may please.

MS. NGO. 23.

REP. MORENO. Your Honor, we’re having some problems because the witness has her own marking. She had marked but what… We had changed the markings and came up with our own markings consistent with the procedure of the court.

THE PRESIDING OFFICER. So, the witness should refer herself to the documents as marked by the Secretary of the Senate. Meaning, the premarkings must control now.

MS. NGO. It’s under Exhibit “LLL 30″, Your Honor, 30, 3 0.

REP. MORENO. Your Honor, please, this exhibit is in the last batch which is stapled, Exhibit “LLL 30.”

THE SENATE PRESIDENT. Mr. Chief Justice, just for clarification. You are referring to Metro Ayala Check Number 1360, is that correct?

MS. NGO. Yes, Your Honor.

THE SENATE PRESIDENT. Marked as Exhibit “LLL 30.”

MS. NGO. Yes, Your Honor.

REP. MORENO. And the dorsal portion of that check is marked as…

MS. NGO. “LLL 30 A.”

REP. MORENO. Would you like to read this check?

MS. NGO. The check was issued by Governor Luis “Chavit” Singson and this is payable to Cash in the amount of 17,210,000. Notice at the dorsal side of the check the Account No. 0157-04227-0 was indicated. And also the Current Account No. 107-00638-9 was also indicated.

The bank endorsement of Equitable Banking Corporation dated September 1st was also stamped on the dorsal side of the check.

REP. MORENO. And now going back to the summary — Exhibit “LLL” that you’ve testified on, there is a second item which reads – “Add: twelve additional cash deposits made for the period September 7, 1999 to January 11, 2000.” Would you tell this Honorable Court about these additional cash deposits?

MS. NGO. After the initial check deposit was made on September 1st, Ms. Yolanda T. Ricaforte made twelve additional cash deposits covering the period September 7 up to January 11. Please see Annex “A”.

REP. MORENO. May I please advise the witness that, again, Annex “A” is only with respect to her file and not to the exhibits as previously marked for the Court.

MS. NGO. I am sorry.

REP. MORENO. Annex “A”, Your Honor, is Exhibit “LLL-1”.

MS. NGO. I stand corrected, Your Honor.

REP. MORENO. And would you like to read what are the contents of Exhibit “LLL-1”?

MS. NGO. The twelve additional cash deposits marked in Exhibit “LLL-1” are as follows: September 7, a cash deposit of 10,400,000 was made; on September 15, 5,775,000 deposit was made; on September 17, 1999, 750,000 cash deposit was made; on October 4, 1999, cash deposit of 9,050,000 was made; on October 19, 1999, a cash deposit of 6,650,000 was made; on November 4, 1999, a cash deposit of 6,930,000 was made; on November 16, 1999, a cash deposit of 4,600,000 was made; and on November 19, 1999, a cash deposit of P1,711,000 was made; on December 2, 1999, a cash deposit of 4,600,000 was made — ah, P4,000,000. And on December 7 … December 7, 1999, a cash deposit of P989,150 was made. On January 10, 2000, 3,000,000 cash deposit was made; and on January 11, 2000, cash deposit of 2,460,000 was made.

REP. MORENO. And for a total amount of how much?

MS. NGO. For a total amount of P56,315,150.00.

REP. MORENO. Were these deposits, the twelve cash deposits covered by any documentation covering or evidencing the act of the deposits?

MS. NGO. This is covered by the bank statements for the period covering the months September up to January of year 2000.

REP. MORENO. I am showing to you Exhibits “LLL-2” … LLL- … I am sorry… “LLL-2-UU” up to “LLL-2-HHH”. Would you like to take a look at these documents and tell this Honorable Court what these documents are?

MS. NGO. This represents the bank statement of the savings account of Yolanda T. Ricaforte under the Savings Account No. 015704227-0 covering the months September, 1999 up to January, year 2000. And on these documents are the cash — it reflects the cash deposits that were made, the twelve additional cash deposits that were made that I enumerated earlier, Your Honor.

REP. MORENO. In the 12 deposits that were made, were there deposit slips that were filled up and submitted by Mrs. Ricaforte?

MS. NGO. Yes. Deposit slips were filled up by Ms. Ricaforte, Your Honor.

REP. MORENO. And could you tell the Court where these deposit slips are?

MS. NGO. The deposit slips are with our Operations Support Division.

REP. MORENO. And would you be willing to submit these deposit slips?

MS. NGO. Yes, Your Honor.

REP. MORENO. Thank you.

Now, in Item Number 3 of Exhibit “LLL,” it says, “Add seven additional check deposits made for the period September 7 to June 14, 2000, in the amount of nine million forty three thousand.” Now, could you tell the Court what this is all about?

MS. NGO. Kindly refer to Exhibit “LLL 2.” There were subsequently after the initial check deposit and after the 12 additional cash deposits were made, there were seven additional check deposits that were made to the savings and current account of Yolanda T. Ricaforte, and these are as follows:

On September 7, a check deposit drawn against Metrobank Ayala Center, Check No. 1369 in the amount of three million seven hundred thousand, was made under Savings Account No. 0157 04227 0. And then September 30, 1999, another check deposit was made. This is drawn against PNB Naga, Check No. 16135 in the amount of one million six hundred ninety seven thousand, which was deposited under Savings Account 015704227 0.

REP. MORENO. Would you tell the Court about where the microfilm the copy of the microfilm of that check is in relation to the exhibits that have been submitted and premarked?

MS. NGO. The first check which was drawn against Metrobank Ayala Center, is marked on Exhibit “LLL 31.” This is issued in the amount of three million seven hundred thousand. The drawer is Governor Luis “Chavit” Singson.

REP. MORENO. To whom is it payable and drawn, and what is the date of the check, and what is the amount of the check?

MS. NGO. It was made payable to Cash, and the date of the check is September 6. Please also refer to Exhibit “LLL 31 A” which represents the dorsal side of the same check, and on the dorsal side of the check is marked Savings Account No. 15704227 0, and on the dorsal this is also signed by … endorsed by Mrs. Yolanda Ricaforte. And also on the dorsal side of the check stamped the bank endorsement and the date and this bank endorsement is September 7, 1999.

REP. MORENO. And what about Item No. 3 of Exhibit “LLL 2″?

MS. NGO. The third check that was deposited was a PNB Check No. 16132 in the amount of one million seven hundred eleven thousand, and this was subsequently returned on November 12, 1999, for the reason “stopped payment.”

REP. MORENO. Which branch of PNB issued this check ah, was the drawee of this check?

MS. NGO. We don’t have the microfilm copy of the check, but we have the debit memo for the returned check.

REP. MORENO. And which is where is that debit memo?

MS. NGO. It’s marked as Exhibit “LLL 2 III.”

REP. MORENO. And what does that debit memo say?

MS. NGO. It says, “PNB Check No. 16132 Naga Branch” and the reason is “payment stopped”, and it was deposited on November 9, 1999. And the returned check was duly received by Ms. Ricaforte at 9:20 a.m.

REP. MORENO. What does that debit memo signify? Ano ang ibig sabihin niyan?

MS. NGO. That means the check was returned and was not honored by PNB, Naga Branch.

REP. MORENO. And so, what does that debit memo have to do in relation to the account of Ms. Ricaforte?

MS. NGO. The amount of one million seven hundred eleven thousand has to be debited from her savings account.

REP. MORENO. And how about No. 4 of Exhibit “LLL 2″?

MS. NGO. The fourth check that was deposited to the this time, to the CA No. 0107 0638 9 is a regional check in the amount of one million, eight hundred ninety thousand pesos.

REP. MORENO. Issued by whom and…?

MS. NGO. Unfortunately, we don’t have the microfilm copy of the check. We are still trying to retrieve a copy from the Philippine Clearing House Corporation.

REP. MORENO. And would you be willing to deliver this submit this microfilm copy?

MS. NGO. It depends on how soon the PCHC can forward the copy to us.

REP. MORENO. Have you sought for the copy from the PCHC?

MS. NGO. Yes, we requested. We made the formal written request to PCHC asking for this particular check.

REP. MORENO. It’s a microfilm copy…

MS. NGO. Yes, Your Honor.

REP. MORENO. …of checks that are either negotiated or…

MS. NGO. Deposited.

REP. MORENO. … deposited to it?

MS. NGO. Yes, Your Honor.

REP. MORENO. In the case of this transaction, do you have a microfilm copy of that check?

MS. NGO. Yes, we have a microfilm copy of this check, But unfortunately, when it was being developed, the frame in which this check belongs to was overexposed, so it was really not clear, it was blurred. So, we have to request for another copy at the Philippine Clearing House Corporation since they also microfilm all the checks that the banks deliver to them for clearing.

REP. MORENO. Your Honor please, Your Honors, I’d like to manifest that at the proper time, we will ask for the subpoena of this microfilm copy of this regional check that was deposited to Current Account No. 01070638 9 on November 17, 1999.

Your Honor please, on Exhibit “LLL 2″, this is Item No. 4, it does not even identify which bank this check was drawn against.

Now, if I may please continue, Your Honors.

THE PRESIDING OFFICER. Continue.

REP. MORENO. Item No. 5, Exhibit “LLL 2,” would you like to read this item, please?

MS. NGO. Yes. On April 17, Ms. Yolanda Ricaforte deposited under her Savings Account No. 0157 004227 0, a local check in the amount of fifteen thousand, and on May 16, 1999, she deposited the same amount, ‘no, fifteen thousand. It’s also a local check. And on June 14, 1999, she deposited another fifteen thousand local check. Unfortunately again, we don’t have the microfilm copies of these three fifteen thousand checks these three pieces of fifteen thousand check.

And again, we are also requesting for the microfilm copies from the Philippine Clearing House Corporation.

REP. MORENO. Your Honors, Exhibit “A” which is the summary the enumeration of the twelve additional cash deposits… Ah, I’m sorry, I’m sorry. This is Exhibit “LLL 1, 1″ the additional cash deposits in the total amount of fifty six million, 315 thousand, 150 and Exhibit “LLL 2″, the total amount is 7,332,000. These are the deposits that were actually made to Current Account No. 0107 00638 9 and Saving Account No. 0057 004227 0.

Now, Your Honor, Ms. Witness, there is an item No. 4 in Exhibit “LLL” that reads “Less Returned Check, PNB Check No. 16132 in the amount of 1,711,000″, would you tell the Court what this is all about?

MS. NGO. As I said earlier, this check was returned by PNB, Naga Branch for the reason “stop payment.” So, we have to deduct this amount from the total deposits made by Ms. Yolanda T. Ricaforte.

REP. MORENO. And then item No. 5 of the same Exhibit “LLL”… would you like to read what is appearing on item No. 5?

MS. NGO. Yes. Ms. Yolanda T. Ricaforte made additional cash deposits under Special Savings Account No. 3157 0073 9 in the amount P9,700,000.

REP. MORENO. And what about item No. 6, of the same Exhibit “LLL”?

MS. NGO. She also made another cash deposit under Special Savings Account No. 3157 000 80 1 in the amount of P1.9 million.

REP. MORENO. And what about item No. 7?

MS. NGO. She also made another cash deposit under SSA or Special Savings Account No. 3157 000 88 7 in the amount of P2 million, Your Honor.

REP. MORENO. Now, Ms. Witness, puwede bang sabihin mo sa Korte kung ano itong mga SSAs? What do the letters SSA mean?

MS. NGO. SSA represents Special Savings Account and this is a fixed deposit instrument which earns a higher interest rate than an ordinary regular savings account. Now, this has a fixed tenor and has a fixed interest rate. And the interest rate varies depending on the amount of the placement and the tenor.

REP. MORENO. So, Exhibit itong items No. 5, 6, and 7 of Exhibit “LLL”, itong tatlong SSAs na ito namely, 3157 00073 9 in the amount of 9,7000,000. Second is, SSA No. 3157 00080 1 in the amount of 1,900,000; and thirdly, SSA No. 3157 000 88 7 in the amount of 2 million, what relation if any, do these SSAs have with the Current Account No. 0107 00638 9 and Savings Account No. 0157 004227 0 which are in the name of Mrs. Yolanda T. Ricaforte with Timog Scout Tobias Branch?

MS. NGO. These three SSA accounts represents direct cash deposits made. This was not funneled into the current account nor neither into the savings account but these were again direct cash deposits made to the three particular SSA accounts that I mentioned earlier.

REP. MORENO. Now, aside from these three SSAs which are separate from the regular current and the regular savings…

MS. NGO. Yes, Your Honor.

REP. MORENO. …were there other accounts if any, SSAs or otherwise maintained by Mrs. Ricaforte with Timog-Scout Tobias Branch?

MS. NGO. There were four additional SSA accounts that were opened by Ms. Yolanda T. Ricaforte covering the dates December 2, February 7, March 29, and April 27. These were not reflected here because the funds were transferred directly from the savings regular account. So, they were debited from the regular savings account and transferred to the special savings account. So, these were already accounted for in Number two in Item two, and Item three, Exhibit “LLL.”

REP. MORENO. But upon maturity of these four SSAs that you’ve mentioned, what happened to the deposit balances of all these SSAs?

MS. NGO. On April 13, the four SSA accounts that I mentioned earlier were preterminated and the proceeds were credited to the regular Savings Account Number 0157004227 0, Your Honor.

REP. MORENO. Again, we are still on Exhibit “LLL”. With respect to withdrawals made, Item Number one says, “Withdrawal in the form of Cashier’s Check No. 0107 13064 in the amount of 91 million.” This is Exhibit “LLL” at the bottom. Would you like to tell the Court what this is all about?

MS. NGO. Yes. On April 13, after preterminating the four SSA accounts that I mentioned earlier, the proceeds were credited then to her Savings Account Number 4227 0, and then what she did was to withdraw 91 million from this savings account and with the cash she purchased a cashier’s check in the amount of 91 million, Your Honor.

REP. MORENO. I am showing to you Exhibit “LLL 2 RR,” “LLL 2 SS,” and “LLL 2 TT,” what do these documents cover in relation to that withdrawal?

MS. NGO. The first document that you mentioned is a Cashier’s Check Application Form and this was duly signed by Ms. Yolanda P. Ricaforte.

REP. MORENO. What was the amount applied for?

MS. NGO. The amount applied for was 91 million and the payee is made payable to Cash.

REP. MORENO. And then what about “LLL 2 SS?”

MS. NGO. This is a photocopy of the receiving copy of the cashier’s check that was issued to Ms. Yolanda P. Ricaforte.

MS. VERSOLA. Excuse me, Compañero. Excuse me, Your Honors.

THE PRESIDING OFFICER. Yes, Atty. Versola.

MS. VERSOLA. Our bundle of documents do not include “LLL 2 RR,” “LLL 2 SS.”

REP. MORENO. I am sorry.

MS. VERSOLA. “LLL 2 TT”.

REP. MORENO. Your Honor please, those documents are towards the end of the last batch.

MS. VERSOLA. We have looked for them. They are not there.

THE PRESIDING OFFICER. Would you kindly immediately provide Atty. Versola with these annexes to expedite the proceedings.

MS. VERSOLA. Thank you, Pañero.

THE PRESIDING OFFICER. The Honorable Senator Judge Biazon.

SEN. BIAZON. We also have the same problem, Mr. Chief Justice. We can not follow the proceedings because there are exhibits given to us that are not even marked.

THE PRESIDING OFFICER. There you are, Prosecutor Moreno. Probably you can adopt a system where you already correlate the exhibits. So, when you speak upon exhibit in “LLL” and you would want to go to the detail of that particular entry, put that exhibit of the latter very, very close to what had been identified in Exhibit “LLL.”

REP. MORENO. Yes, Your Honor. Actually, it’s only the first branch that is quite complex, all the other branches the documents are very…

THE PRESIDING OFFICER. Already arranged.

REP. MORENO. Yes, Your Honor.

THE PRESIDING OFFICER. So…

REP. MORENO. I would like to beg for the indulgence of the Honorable…

THE PRESIDING OFFICER. So, perhaps with the indulgence of the Court, Prosecutor Moreno may be able to expedite the movement of the presentation of this complicated arrangement of the exhibits.

REP. MORENO. Now, Ms. Witness, there is an Item Number 2 in Exhibit “LLL” at the bottom…

MS. NGO. Yes, Your Honor.

REP. MORENO. …which reads: “Ms. Ricaforte issued a Check Number 0150651, payable to Fil East Travel and Tours Corporation in the amount of P79,664.80. We will perhaps be able to reach this, Your Honor, as we move. Now, what we’ll do is we will address each and every exhibit after this last item, Your Honor.

So, Ms. Ngo, at the bottom …

MS. NGO. Yes, Your Honor.

REP. MORENO. I’m sorry. What’s the answer, please?

MS. NGO. This was the last check this was the first and last check that Ms. Ricaforte issued from her current account 0107 00638 9. And the check was made payable to Fil East Travel and Tours Corporation.

REP. MORENO. And then at the bottom of Exhibit “LLL” total the numbers P97,998,734.27. What does this total represent?

MS. NGO. This represents the total withdrawals made, plus the outstanding balance as of November 29 Year 2000.

REP. MORENO. Your Honor, this will be a bit easier because we will now go to the documents one by one, Your Honors.

THE PRESIDING OFFICER. All right.

REP. MORENO. Exhibit “LLL 2 A”, could you tell the court what this is all about?

MS. NGO. Yes. This is an index of the documents that we were able to retrieve from our Timog-Scout Tobias Branch.

REP. MORENO. And the index is …

MS. NGO. And the index is from 1 to 25, as shown in Exhibit “LLL 2 A 4″, from “LLL 2 A” to “LLL 2 A 4″.

REP. MORENO. Now, let us now proceed to Exhibit “LLL 2 B”. This has earlier been asked but for orderly presentation, could you tell the Court what this is all about?

MS. NGO. The first exhibit that was marked “LLL 2 B” represents the specimen signature card of the current account opened by Ms. Yolanda T. Ricaforte under CA No. 0107 0638 9.

REP. MORENO. And it …

MS. NGO. And for the exhibit marked “LLL 2 B 1″, this is the dorsal side of the specimen signature card which was also signed by Ms. Yolanda T. Ricaforte.

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

MS. NGO. These are the signatures of Ms. Yolanda T. Ricaforte.

REP. MORENO. And then Exhibit “LLL 2 C”?

MS. NGO. This represents the specimen signature card of the Savings Account 015704227 0 that was opened last September 1st, 1999.

REP. MORENO. And what about “LLL 2 C 1″?

MS. NGO. This is also the specimen the dorsal side of the specimen signature card under SA No. 157 04227 0.

REP. MORENO. And what about “LLL 2 C 2″?

MS. NGO. On it the cell No. 09189021847 of Yolanda T. Ricaforte, it was stipulated in the specimen signature card marked “LLL 2 D”.

REP. MORENO. And let’s now go to Exhibit “LLL 2 D”, could you tell the Court what this is all about?

MS. NGO. This is the authority to debit and transfer funds.

REP. MORENO. And this authority to debit and transfer funds is in relation to what account?

MS. NGO. Everytime you open a regular savings account with an automatic transfer facility, the bank will ask you to execute these documents so that the bank could automatically transfer from your regular savings account funds to your current account in the event that the checks drawn against your current account does not exceed the amount of the balance under current account, provided, of course, there is sufficient balance maintained in your regular savings account.

REP. MORENO. And now, let’s go to Exhibit “LLL 2 E” and “LLL 2 E 1.” Could you tell the Court what these are all about?

MS. NGO. This is the credit advice representing the pre termination proceeds made by Yolanda T. Ricaforte on April 13 when she pre terminated the first SSA, special savings account, under SA No. 3157 00039 9, in the amount of the pre termination proceeds is in the amount of 71,390,875.08.

REP. MORENO. What about Exhibits “LLL 2 F” and “LLL 2 F 1?”

MS. NGO. This is again the credit advice representing the pre termination proceeds again of the second SSA placement that was made last March 29 in the amount of 2.5 million.

REP. MORENO. And what about Exhibits “LLL 2 G” and “LLL 2 G 1?”

MS. NGO. This represents again the credit advice made in relation to the pre termination proceeds of the SSA placement of Ms. Yolanda T. Ricaforte under SSA No. 3157 00073 9.

REP. MORENO. And how about Exhibits “LLL 2 H” and “LLL 2 H 1?”

MS. NGO. This is again this represents again the credit advice representing the pre termination proceeds of SSA No. 3157 00062 3 which were all credited to her savings account 157004227 0.

REP. MORENO. Ms. Witness, itong credit advice — advices beginning from “LLL 2 E” hanggang “LLL 2 H,” to whom are they addressed, the credit advice?

MS. NGO. They were all addressed under the name of Yolanda T. Ricaforte.

REP. MORENO. And now, let’s go to Exhibit “LLL 2 I” up to “LLL 2 T.” Could you tell the Court what these documents are?

MS. NGO. This represents the bank statements of Ms. Yolanda T. Ricaforte under her Current Account 010700638 9 covering the period November up to October of this year, up to October 31, year 2000.

REP. MORENO. This is in respect of the savings or the current account?

MS. NGO. These are the bank statements of her Current Account No. 638 9.

REP. MORENO. And how much is the balance of this account as of the latest statement period?

MS. NGO. The outstanding balance stood at P5,000.

REP. MORENO. Now, Ms. Witness, we go now to Exhibit “LLL 2 U” as well as Exhibit “LLL 2 U 1″. And can you tell the Court what these exhibits are all about?

MS. NGO. Exhibit “LLL 2 4″ is a photocopy of the check that she issued last October 5 in favor of Cash, Fil East Travel and Tours Corporation, in the amount of 79,664.80 and the one marked Exhibit “LLL 2 U 1″ is the dorsal side of the same check..

REP. MORENO. You are saying that she issued it. Who was “she”?

MS. NGO. Ms. Yolanda T. Ricaforte, Your Honor.

REP. MORENO. And the date is?

MS. NGO. And the date is October 5, 2000.

REP. MORENO. Now, let’s go now to Exhibit “LLL 2 V” and “LLL 2 V 1″, and can you tell this Court, this Honorable Court, what these exhibits are all about?

MS. NGO. These represent the PCI Bank Emerald Fund. After opening the various special savings account, she lumped it altogether on September 4, year 2000 and then transferred it to a higher yielding instrument known as PCI Bank Emerald Fund.

REP. MORENO. So, outside of the seven special savings accounts,…

MS. NGO. Yes, Your Honor.

REP. MORENO. …Mrs. Yolanda Ricaforte also opened other accounts. Could you tell this Court what these other accounts were?

MS. NGO. The three SSA accounts that were opened after she withdrew the 91 million last April 13, 1999. These were subsequently opened on April 27, on May 4 and June 1. And after opening these three special savings account, these were all lumped together on September 4 and on October 4, this is the rolled over amount. And this is represented by Emerald Fund Number 581126.

REP. MORENO. And let us now go to Exhibit “LLL 2 W”.

MS. NGO. This represents the rolled over certificate of the previous exhibit.

REP. MORENO. And is it…

MS. NGO. And yes, Your Honor, this is validated November 6 and the maturity date is December 6, 2000.

REP. MORENO. Also under the PCI Bank Emerald Fund?

MS. NGO. Yes, Your Honor.

REP. MORENO. And could you tell the Court showing to you Exhibit “LLL 2 X 1″ up to Exhibit “LLL 2 001″, and can you tell this Honorable Court what these documents are all about?

MS. NGO. These represent the photocopies of the various special savings accounts that were opened by Ms. Yolanda T. Ricaforte covering the period December 2, 1999 up to September 3, 1999.

REP. MORENO. Why do we have so many passbooks? Could you tell could you describe to the Court the relationship between an SSA and a passbook?

MS. NGO. Yes. Special savings account is evidenced by a passbook and everytime you made a placement, we give you a passbook. And upon maturity, this is again rolled over and we have to issue another passbook which will wherein the principal amount plus the interest will be stipulated in the new passbook.

REP. MORENO. And I am showing to you Exhibit “LLL 2 TT”, could you tell this Honorable Court what this document it is not quite clear, Your Honors. This is the best that the witness could come up with but perhaps our witness can tell us what this exhibit is all about, Exhibit “LLL 2 TT.”

MS. NGO. This is the Deed of Undertaking executed by Ms. Yolanda T. Ricaforte when she purchased the cashier’s check in the amount of 91 million last April 13, 1999. We require all clients to execute this Deed of Undertaking if the cashier’s check being purchased is made payable to Cash so that the bank will be indemnified against any liability that might arise later on with the said purchase.

REP. MORENO. And did Mrs. Ricaforte sign this?

MS. NGO. Yes, she signed the document.

REP. MORENO. I am showing to you Exhibit “LLL UU”, “LLL 2 VV”, “LLL 2 WW”all the way to “LLL-2-HHH.” Could you tell this Honorable Court what these documents are all about?

MS. NGO. This represents the banks statements of the savings account opened by Ms. Yolanda T. Ricaforte under SA No. 0157-04227-0 covering the period September 1999 up to January 31, 2000 — ah, no, up to October 31, 2000.

REP. MORENO. Ms. Witness, let me go back to Exhibit “LLL.” You’ve mentioned here at the bottom that there is an outstanding balance of 6,909,069.47. This outstanding balance is in relation to what particular account or accounts?

MS. NGO. This is composed of three accounts. The current account under CA No. 01700638-9 and under her Savings Account No. 0157-04227-0 and, of course, under the emerald fund that was shown earlier.

REP. MORENO. And the date here, outstanding balance as of November 29, 2000, could you tell the Court what the balance, outstanding balance is as of today?

MS. NGO. The total outstanding balance of the three accounts that I mentioned earlier is 6,919,069.47.

REP. MORENO. Were there any withdrawals, if any?

MS. NGO. None as of today, sir.

REP. MORENO. Would withdrawals be allowed?

MS. NGO. No.

REP. MORENO Why?.

MS. NGO. We received the notice of garnishment last October 16 which was issued by the Honorable Senator Pimentel.

REP. MORENO. Could you show this Court that letter? Your Honor, I have not photocopied this. I had wanted to — would have thought that the Impeachment Court would take judicial notice of this having been issued by the Honorable Senate President who was then Chairman of the Committee on Accountability of Public Officers and Investigations, the Blue Ribbon Committee. It’s a letter dated October 16, 2000 addressed to Mr. Edelfin G. Nantes, manager, Equitable PCI Branch, Scout Tobias Branch, Scout Tobias Street, Quezon City. May I ask the witness to read this for the record, Your Honor.

THE PRESIDING OFFICER. Are you not going to mark that in evidence?

REP. MORENO. We will, Your Honor. After, after the…

THE PRESIDING OFFICER. You need it to be marked. The best evidence should be the document itself. Since you are asking for judicial notice to be taken over it.

REP. MORENO. Yes, Your Honor. We propose that this will be marked as Exhibit “LLL-37,” Your Honor.

THE PRESIDING OFFICER. Let it be so marked as Exhibit “LLL-37.”

REP. MORENO. I would like to confirm, Your Honor, that we will furnish the defense panel with the copy of that letter.

Now, Madam — If I may please proceed, Your Honor.

THE PRESIDING OFFICER. You may.

REP. MORENO. We now go to the second branch. This is the Equitable Bank, Equitable PCI Bank, Diliman-Matalino Branch. Now, Madam Witness, I am showing to you Exhibit “LLL-3” consisting of one page, could you tell this Honorable Court what this Exhibit “LLL-3” is all about?

MS. NGO. Miss Yolanda T. Ricaforte opened an account with our Diliman, Matalino Branch on November 19, 1999 under Savings Account 0288-02031-0 and she made an initial cash deposit of P500,000.

REP. MORENO. Then would you like to continue as…

MS. NGO. Yes. This account was subsequently closed on November 22, 1999, whereupon she opened another current account and another savings account under CA No. 0238-00853-0 and Savings Account No. under 0288-02037-0. She made an initial deposit again of two PCIB, MOB check in the amount of 35 million each.

REP. MORENO. And what do you mean by MOB?

MS. NGO. Main Office Branch. The two check numbers are 617706 and 617707 and both checks were issued by Mr. William Gatchalian.

REP. MORENO. And, these are Check Numbers 617706 and 617707. I am showing to you a photocopy which had earlier been premarked as Exhibit …

(Pause)

THE PRESIDING OFFICER. What exhibit number?

REP. MORENO. Exhibit No. “LLL-23” and “LLL-24”. And, could you tell this Honorable Court what these exhibits are all about?

MS. NGO. Exhibit “LLL-23” represents a photocopy of the first check that was deposited by Ms. Yolanda T. Ricaforte and this check is drawn against PCI Bank, the Check Number is 0617706 in the amount of 35 million payable to Cash. The drawer is William T. Gatchalian.

REP. MORENO. And Exhibit “LLL-23-A”, which is the dorsal portion of Exhibit “LLL-23”.

MS. NGO. On the dorsal portion of that check is written the Savings Account No. 288-02037-0.

REP. MORENO. And to whom does that account belong?

MS. NGO. The account belongs to Ms. Yolanda T. Ricaforte.

REP. MORENO. And, would you tell this Court about “LLL-24” and “LLL-24-A”?

MS. NGO. Again, this is a photocopy of the microfilm copy of the second check that was deposited. This is drawn against PCI Bank, the check number is 0617707 in the amount of 35 million. This is made payable to Cash and the drawer is William T. Gatchalian.

REP. MORENO. And again, at the dorsal portion of that check which is marked Exhibit “LLL-24-A”, what does it read?

MS. NGO. The Account No. 288-02037-0 is indicated in the dorsal side.

REP. MORENO. What is the significance of that account number designation?

MS. NGO. The account belongs to Ms. Yolanda T. Ricaforte.

REP. MORENO. What relation does that account have, if any, with respect to the proceeds of this check?

MS. NGO. That means that the two checks were deposited to her account.

REP. MORENO. And let me now go back to Exhibit “LLL-3” and Item No. 2, additional cash deposits, would you tell this court about these three additional deposits you have indicated in your summary?

MS. NGO. Additional cash deposits were made after the initial deposit was made last November 19. First, we have December – On December 2, 1999, a cash deposit of three million fifty thousand was made. On January 26, Year 2000, one million in cash deposit was made and on April 11, 2000, three hundred thousand cash deposit was made.

REP. MORENO. And Item No. 3, again of Exhibit “LLL-3” it reads: “additional check deposits made,” would you tell this Court what these additional deposits were all about?

MS. NGO. Two additional check deposits were made. The first was made on November 23, 1999. A Metro Ayala Bank Check No. 1480 was deposited and the amount is one million; and the second check deposit was made on December 16, 1999, and what was deposited was a check drawn against PNB Naga. The Check No. is 16141, and the amount is P1,680,000.

REP. MORENO. And could you tell us where these… if you have photocopies of these two checks, namely: Metro Ayala Check No. 1480 for one million, and PNB Naga Check No. 16141 for 1,680,000.

MS. NGO. The first check that was deposited last November 23, 1999 which is drawn against Metrobank Ayala Center is marked Exhibit “LLL 26″, and the dorsal side is marked Exhibit “LLL 26 A”. And on the dorsal side of the check is written the Savings Account No. 288 02037 0 which belongs to Ms. Yolanda T. Ricaforte.

And the second check deposit that was made on December 16, 1999 is an Exhibit “LLL 25″. The check is drawn against Philippine National Bank, Naga Branch, the Check No. 00016141, and the amount is 1,680,000, and the dorsal side of the same check is marked as Exhibit “LLL 25 A”, and on the dorsal side of the check is written the Savings Account No. 288 02037 1.

REP. MORENO. Ms. Ngo, again in Exhibit “LLL 3″ on item No. 5 I’m sorry Item No. 4, there is a mention of cash deposit made on August 14, 2000. Could you tell this Court what this transaction was?

MS. NGO. Ms. Yolanda T. Ricaforte made the direct cash deposit in the amount of 500,000 to a Special Savings Account under the Number 328800148 0 last August 14, 2000.

REP. MORENO. So again, aside from the regular, current and the regular savings accounts which Ms. Ricaforte had opened and maintained with Diliman-Matalino Branch, were there other accounts, SSAs or by any other name which Ms. Ricaforte had opened and maintained with the said branch?

MS. NGO. Aside from the SSA No. 148 0 in the amount of 500,000 that I mentioned earlier, she also opened three special savings acounts and these were made on January 25, February 24 and also on April 28. However, these three SSA accounts were debited. The funds placed under these three special savings accounts were debited under her Regular Savings Account No 0288 02037 0. So it’s not indicated here since the funds came from her regular savings account. And the amounts that were placed under the three SSA accounts that were not mentioned here are… the first amount — the first placement that was made on January 25 was 70 million, the second placement that was made on February 24 was 7 million and the third placement that was made on April 14 is one million four hundred thousand pesos.

REP. MORENO. And going now to the item Withdrawals Made at the bottom of Exhibit “LLL 3″, would you tell this Court what this withdrawal was all about?

MS. NGO. She made a withdrawal on April 13, in fact she preterminated two of these special savings account that I mentioned earlier, and she asked the bank to credit the proceeds of the two SSA to her savings account and then she withdrew a total amount of 77 million in cash and she used this cash to purchase a cashier’s check in the amount of 77 million, which is made payable to Cash.

REP. MORENO. And at the bottom of the same Exhibit “LLL 3″ it reads: “Add outstanding balance as of November 29, 2000 in the amount two million fifty two thousand six ninety eight pesos and twenty eight centavos (P2,052,698.28). Again, this is a balance as of November 29, 2000. Have there been any withdrawals from this ac¬count?

MS. NGO. None, Your Honor.

REP. MORENO. Is this account also subject to a similar freeze order?

MS. NGO. Yes, Your Honor.

REP. MORENO. And do you have a copy of that freeze order?

MS. NGO. I’ll check, Your Honor.

REP. MORENO. Because, Mr. Chair, Mr. Chief Justice, Your Honors, the earlier letter was addressed to that par¬ticular branch. I’m sorry, Mr. Chief Justice, Your Honors, because I came to know of this only right before the hearing began.

THE PRESIDING OFFICER. And so?

REP. MORENO. And so, we will be submitting this …

MS. NGO. I don’t have the copy, Your Honor.

REP. MORENO. Would you be willing to submit that letter?

MS. NGO. Yes, Your Honor.

REP. MORENO. Now, Miss Witness, let’s now go this will be a bit faster, Mr. Chief Justice, Your Honors.

Exhibit “LLL 3 A”, refers to up to Exhibit “LLL 3 A 1″, can you tell this Honorable Court what these two page exhibits are all about?

MS. NGO. These are the documents submitted by our Diliman Matalino Branch in relation to the deposits made … in relation to all the transactions made by Ms. Yolanda T. Ricaforte under all her accounts with Diliman Matalino Branch.

REP. MORENO. And Exhibit “LLL 3 B”, can you tell this Honorable Court what this is all about?

MS. NGO. The first is a photocopy of the specimen signature card of the Special Savings Account that was opened last April 28, 1999 ah, April 28, year 2000.

REP. MORENO. There are three signatures … specimen signatures. Whose specimen signatures are these?

MS. NGO. The signatures belong to Ms. Yolanda T. Ricaf¬orte.

REP. MORENO. I’m showing to you Exhibit “LLL 3 C 1″. can you tell this Court what is this?

MS. NGO. This is a photocopy of the passbook under SSA No. 3288 00113 7. This was the third SSA account that was opened last April 28 year 2000.

REP. MORENO. By whom?

MS. NGO. By Ms. Yolanda T. Ricaforte.

REP. MORENO. And Exhibit “LLL 3 2″, I’m sorry,

“LLL 3 D”, can you tell this Court what this exhibit is all about?

MS. NGO. This is a photocopy of the specimen signature card of the last SSA account that was opened by Ms. Yolanda T. Ricaforte under SSA No. 3288 00148 0 and the amount that was opened was 500 thousand and the signatures appearing therein belongs to Ms. Yolanda T. Ricaforte.

REP. MORENO. Again, Exhibit “LLL 3 E 1″, can you tell this Honorable Court what this is all about?

MS. NGO. Yes, Your Honor. This represents the photo¬copy of the SSA passbook that was issued to her under 328800148 0.

REP. MORENO. How about Exhibit “LLL 3 F”?

MS. NGO. This is a photocopy of the specimen signature card of her regular Savings Account 0288 02037 0.

REP. MORENO. And how about Exhibit “LLL 3 F 2″?

MS. NGO. On it was written the I think this is the cell phone number of Ms. Yolanda T. Ricaforte and her Cell No. 09189021847.

REP. MORENO. And how about “LLL 3 F 1?

MS. NGO. This represents the dorsal side of the specimen signature card, and on it are three of her specimen signatures.

REP. MORENO. Now, I am showing to you, Ms. Witness, Exhibit “LLL 3 G” up to Exhibit “LLL 3 N”, and can you please tell this Honorable Court what these documents are all about?

MS. NGO. Yes. These are the bank statements of Ms. Yolanda T. Ricaforte under her Savings Account 0288 02037 0 covering the period November 1999 up to September 30, 2000.

REP. MORENO. And how about Exhibit “LLL 3 0″?

MS. NGO. This represents her bank statement under her current Account 0238 00853 0 covering the period September 2000.

REP. MORENO. And we have here Exhibit “LLL 3 P” as well as “LLL 3 Q” and “LLL 3 R”, can you tell this Honorable Court what these exhibits are all about?

MS. NGO. The first is a photocopy of the cashier’s check application form which was duly signed by Ms. Yolanda T. Ricaforte in the amount of 77 million which she wanted to be made payable to Cash.

REP. MORENO. This is dated when?

MS. NGO. This was dated April 13, 2000.

REP. MORENO. And?

MS. NGO. And the second is a photocopy of the receiving copy of the Cashier’s Check No. 0238 000941 in the amount of 77 million which was made payable to Cash.

REP. MORENO. Received by whom?

MS. NGO. Received by Ms. Yolanda T. Ricaforte herself.

REP. MORENO. And Exhibit “LLL 3 R”?

MS. NGO. This represents a photocopy of the Deed of Undertaking that was executed by Ms. Yolanda T. Ricaforte indemnifying the bank from any liabilities that might arise with the purchase of a cashier’s check that is made payable to Cash in case this purchased cashier’s check is lost, stolen or destroyed.

REP. MORENO. And what about, lastly, Exhibit “LLL 3 S” to “LLL 3 4″? What do these documents cover?

MS. NGO. These are bank statements of her Special Savings Account No. 3288 00148 0 which was opened last August 14, 2000, and this covers the period August 2000, September 2000 and Exhibit marked “LLL 34″ represents the bank statement of her third SSA placement that was made last April 28, 2000 under SA No. 3288 00113 7 covering the period September 2000.

REP. MORENO. Now, Ms. Ngo, I’m showing to you for the record, Your Honor, the last named exhibit should have been “LLL 3 U”, the witness read it as “LLL 34″.

MS. NGO. I stand corrected. I’m sorry, Your Honor.

THE PRESIDING OFFICER. So what is the correct exhibit number?

REP. MORENO. Now, I am showing to you Exhibit “LLL 4,” could you tell this Honorable Court what this is all about?

MS. NGO. Ms. Yolanda T. Ricaforte again opened another account with our Pedro Gil Robinson’s Branch on January 6, 2000, and the initial deposit that was made under her regular Savings Account 0276 02029 3 is 6 million in cash after which she made three additional check deposits and the first check deposit was made on January 13. The check deposit that was made was drawn against Metro Ayala Check No. 1584 and the amount is 2,965,000.

The second check deposit was made on January 25 and the check that was deposited was drawn against PNB and the check number is 16143 and the amount is 1,540,000.

And the third check deposit was made on April 11 on March 1, Year 2000 and the check deposit that was made was drawn against Metro Ayala Center and the check number is 1668 in the amount of 1,340,000.

REP. MORENO. Now, Miss Witness, I am showing to you Exhibit “LLL 8″ which is a deposit slip. What relation, if any, does this deposit slip have with that Metro Ayala Check No. 1584 in the amount of 2,965,000?

MS. NGO. This refers to the first check deposit that was made last January 13, Year 2000 and the check that was deposited is drawn against Metrobank and the check number is 001584 and the amount is 2,965,000 and this was deposited to her Savings Account 0276 02029 3.

REP. MORENO. Do you have a copy of the microfilm of this check?

MS. NGO. Yes, Your Honor.

REP. MORENO. Where is it?

MS. NGO. Please refer to Exhibit “LLL 28.”

REP. MORENO. This check was issued by whom and drawn on whom?

MS. NGO. The drawer is Governor Luis “Chavit” Singson and this was made payable to Cash. This was issued last January 12, 2000 and the amount was made in the amount the amount is 2,965,000 and on the dorsal side of the check, per Exhibit “LLL 28 A” is written the SA Number of Ms. Ricaforte, 276 02029 3.

REP. MORENO. And going now to PNB Check No. 16143, do you have with you copies of the or have the documents been premarked that would show this particular check deposit?

MS. NGO. We only have the deposit slip, Your Honor. We don’t have the microfilm copy although we also requested for a microfilm copy from the Philippine Clearing House Corporation.

REP. MORENO. Is this a regional check or a Metro Manila check?

MS. NGO. This is a regional check.

REP. MORENO. Okay. Now, how about the Metro Ayala Check No. 1668 for 1,340,000?

MS. NGO. We have a microfilm copy, Your Honor.

THE PRESIDING OFFICER. May we know what are those noises at the back of the witness?

MS. NGO. Please refer to Exhibit “LLL…

THE PRESIDING OFFICER. Excuse me. What is the answer of the counsel?

REP. MORENO. I am sorry, Your Honor.

THE PRESIDING OFFICER. I hear some noises at the back at your back.

REP. MORENO. Your Honor, there were some discussions that I overheard, Your Honor.

THE PRESIDING OFFICER. What did you overhear?

REP. MORENO. Telephone call, Your Honor.

THE PRESIDING OFFICER. Yes. May we request anyone in the gallery not to use their cell phones. Sometimes it would bother us here. I could even hear the voices.

REP. MORENO. And so we are now in Exhibit…

MS. NGO. On the third check that was deposited, please refer to Exhibit “LLL 27″. The check is drawn against Metrobank-Ayala Center Branch and the drawer is Governor Luis “Chavit” Singson; that the check was dated February 24. It was made payable to Cash and the amount is 1,340,000.

REP. MORENO. And at the back of the check which is Exhibit “LLL 27A”, can you describe to this Honorable Court if there are markings.

MS. NGO. Yes. The Saving Account No. 027 02029 3 is indicated at the dorsal side of the check.

REP. MORENO. Whose account does that belong?

MS. NGO. The account belongs to Ms. Yolanda T. Ricaforte, Your Honor.

REP. MORENO. Thank you. And with respect to the withdrawals, again, we go back to Exhibit “LLL 4″, there are two items here. Would you tell this Court what these items were all about?

MS. NGO. On April 13, she again withdrew funds amounting to 11,000,000 and purchased a cashier’s check made payable to Cash. And on October 5, she withdrew from her regular savings account cash totalling P240,000.00, Your Honor.

REP. MORENO. We will go to the first withdrawal later. But as regards the second withdrawal, October 5, 2000, do you have copies of the withdrawal slip?

MS. NGO. I regret to say that I don’t have a copy, although the copies are with our Operations Support Division, and we’ll try to get a copy for you, Your Honor.

REP. MORENO. Thank you. And is that reflected in the statement of account?

MS. NGO. Yes, Your Honor.

REP. MORENO. Thank you.

Now, Your Honors, we now go to Exhibit “LLL 4 A” to “LLL 4 A 1″, two page document entitled “Index of Documents.” Ms. Witness, would you tell this Honorable Court what these two exhibits are?

MS. NGO. These are the pertinent documents that was submitted by our Pedro Gil Robinsons Branch in relation with the various transactions made by Ms. Yolanda T. Ricaforte with Pedro Gil Robinsons Branch.

REP. MORENO. Now, in relation to this branch at Pedro Gil Robinsons Branch, aside from the Savings Account, was there any other account that was opened by Ms. Ricaforte?

MS. NGO. Yes. On January 31, she instructed the branch to debit her regular Savings Account in the amount of 8,900,000 and this was transferred to a Special Bills Placement. And then subsequently on February 29, she instructed the branch again to debit an amount of 1,051,000 something to make a total placement of 10 million under a Special Savings Account.

REP. MORENO. But the funds that were deposited to this SSA did not come from fresh sources?

MS. NGO. No, they were all debited from her regular Savings Account under 276 02029 3.

REP. MORENO. Okay. Now, we now go to Exhibit “LLL 4 B.” Can you please tell this Honorable Court what is this all about?

MS. NGO. Yes, Your Honor. This represents a photocopy of the application form for the cashier’s check in the amount of 11 million. This was duly signed by Ms. Yolanda T. Ricaforte.

REP. MORENO. And to whom is it payable?

MS. NGO. It was made payable to Cash, Your Honor.

REP. MORENO. And what was the date of the application?

MS. NGO. April 13, Year 2000, Your Honor.

REP. MORENO. And what other documents do you have with respect to this purchase of the cashier’s checks…this cashier’s check?

MS. NGO. Please refer to Exhibit “LLL 4L” which represents a photocopy of the receiving copy of Cashier’s Check No. 0226 000949 in the amount of 11 million which was made payable to Cash and duly received by Ms. Yolanda T. Ricaforte, Your Honor.

REP. MORENO. This is Exhibit “LLL 4 L.” Was there other documents that were signed by Ms. Ricaforte?

MS. NGO. Yes. Again, she executed a Deed of Undertaking and this is reflected in Exhibit “LLL 4 M.”

REP. MORENO. Whose signature is this, above the name “Yolanda Ricaforte”?

MS. NGO. This is the signature of Ms. Yolanda Ricaforte, Your Honor.

REP. MORENO. Now, let’s go to Exhibit “LLL 4 C” up to “LLL 4 K”, can you please tell this Honorable Court what these exhibits are all about?

MS. NGO. These represent the bank statements of Miss Yolanda T. Ricaforte under her Savings Account 0276 02029 3 covering the period January 2000 up to September 29, year 2000.

REP. MORENO. And showing to you Exhibit “LLL 4 N”, what does this document tell?

MS. NGO. This is the placement that I mentioned earlier which was made by Miss Yolanda T. Ricaforte last January 31 in the amount of eight million nine hundred thousand when she requested the branch to debit her regular savings account and place it under special bills instrument.

REP. MORENO. And I am showing to you Exhibits “LLL 4 O 1″ up to “LLL 4 S 1″, can you please tell this Honorable Court what these exhibits are all about?

MS. NGO. Yes. These are the photocopies of the special savings account that was made on February 29 when she requested the branch to debit 1,051,000 together with the 8.9 million that was placed earlier under special bills and this covers the period February 29 up to November, year 2000.

REP. MORENO. And finally, with respect to this account, this branch, Exhibits “LLL 4 T” and “LLL 4 U”, can you tell this Honorable Court what these exhibits are?

MS. NGO. The first exhibit refers to a photocopy of the specimen signature card under her Special Savings Account No. 327600001 1.

REP. MORENO. And whose signatures are these?

MS. NGO. These are the signatures of Miss Yolanda T. Ricaforte.

REP. MORENO. And how about Exhibit “LLL 4 U”?

MS. NGO. This represents the photocopy of the specimen signature card under her Savings Account No. 0276 02029 3, Your Honor.

REP. MORENO. You mean these are two separate special savings accounts. Now, can you tell me, could you tell this Court …

MS. NGO. Your Honor, the first is the Special Savings Account. The second is the regular Savings Account.

REP. MORENO. Okay. On Exhibit “LLL 4 T”, can you tell this Honorable Court the numbers that are encircled and marked as “LLL 4 T 1″?

MS. NGO. The numbers are 0918 9021847, Your Honor.

REP. MORENO. And what do these numbers represent?

MS. NGO. This represents her telephone number.

REP. MORENO. And how about Exhibit “LLL 4 U”, again there are numbers that are encircled and marked as Exhibit “LLL 4 U 1″, can you please tell this Honorable Court what these encircled numbers are?

MS. NGO. This is again her cell phone number 0918 9021847.

REP. MORENO. I am showing to you Exhibit “LLL 5″, can you please tell this Honorable Court what this exhibit is?

MS. NGO. She opened another account at the 4th branch at our T.M. Kalaw Luneta Branch which is headed by Manager Mr. Vergel Pabillon. And this was opened on February 8, year 2000. The initial deposit that was made under her SA No. 19364196 8 and under her SSA Special Savings Account No. 193 15050 3 is a PNB Cashier’s Check No. 7601 in the amount of 10,777,000.78. And she also made an initial deposit of 1.4 million cash she also made a cash deposit of 1.4 million.REP. MORENO. And this 10,777,000.78 represented covered by PNB Cashier’s Check No. 7601, do you have a copy of this?

MS. NGO. Yes, Your Honor. Please refer to Exhibit “LLL-33.”

THE PRESIDING OFFICER. “LLL…?

MS. NGO. “-33,” Your Honor.

THE PRESIDING OFFICER. 33.

REP. MORENO. Mr. Chief Justice, the copy is not quite clear. Again, we would like to beg for your indulgence, Your Honors. But, Ms. Witness, can you read what these entries are? Or, what is this Exhibit “LLL-…?

THE PRESIDING OFFICER. What are you referring to?

REP. MORENO. Exhibit “LLL-33.”

THE PRESIDING OFFICER. According to you it is not clear.

REP. MORENO. But some portions are readable, Mr. Chief Justice.

THE PRESIDING OFFICER. Probably for the witness, but not for the Honorable Judges. I cannot even read my own copy.

REP. MORENO. But if the Honorable Court will allow, probably I can ask the witness to explain subject to her submission of a clearer copy of this document, Mr. Chief Justice.

THE PRESIDING OFFICER. The witness may be allowed.

MS. NGO. This is a photocopy of a cashier’s check. The word “cashier’s check” is indicated on the left portion of the check; and this is drawn or issued by Philippine National Bank; and the word “Philippine National Bank” is indicated on the upper portion of the check; and the cashier’s check number is indicated on the upper right portion of the check and the numbers read “95-0000007601” and this is made payable to the order of — this is indicated at the middle portion of the check — Yolanda T. Ricaforte; and the date is indicated on the upper right portion of the check, just beside the check number and the date that was indicated there is February 7, 2000; and the amount is indicated on the middle right portion of the check, and the amount in figures read as follows: “10,007,777.78”; and the words is indicated in the middle portion of the check, and it reads as follows: “Pesos – Ten Million Seven Thousand Seven Hundred Seventy Seven and 78 centavos;” and then, the words “proceeds of peso Mint Number 072-02956”; and then there were two authorized signatures appearing on the frontal side of the check and this is on the lower right portion of the check, Your Honor.

REP. MORENO. Let me bring you now to the items on withdrawals. There were two items stated in this Exhibit “LLL-5.” Could you tell this Honorable Court what these withdrawals were?

MS. NGO. On April 13, 2000, Ms. Yolanda T. Ricaforte again made a withdrawal under her Savings Account No. 0193-64196-8 and she withdrew a total amount of P11 million; and she used this to purchase a cashier’s check in the same amount which is made payable to Cash.

THE MAJORITY LEADER. Mr. Chief Justice.

THE PRESIDING OFFICER. The Majority Leader.

THE MAJORITY LEADER. I’m getting some signals from the prosecution. I move for a 20-minute suspension.

THE PRESIDING OFFICER. Were you able to get properly the signal from the prosecution?

THE MAJORITY LEADER. Very clear, Your Honor.

REP. MORENO. Your Honor, we will be… If the Majority Floor Leader will please allow, the Senator-Judge, because we will be taking two more items, just for this branch.

THE PRESIDING OFFICER. And after that, you will be through with the direct testimony?

REP. MORENO. There will be two other branches, Your Honor. Just for this branch, two more questions, Your Honor.

THE PRESIDING OFFICER. Yes, you finish with that.

THE MAJORITY LEADER. I then defer the motion, Mr. Chief Justice.

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

And marked as Exhibit “LLL-33-A,” you have here a signature and the number, can you tell this Honorable Court what these are? This is at the dorsal portion of the PNB cashier’s checks.

MS. NGO. The number indicated on the dorsal side of the check is 02 0193 15050 3. This represents her special savings account that was opened last February 8, 2000. And the signature belongs to Ms. Yolanda T. Ricaforte, Your Honor.

REP. MORENO. Whose special account is that?

MS. NGO. It’s the special savings account of Ms. Yolanda T. Ricaforte, Your Honor.

REP. MORENO. And then, we are now at the second withdrawal. Appearing on “LLL 5,” for P=250,000 via Cashier’s Check No. 0359 000188, can you tell this Honorable Court how these withdrawals was effected?

MS. NGO. She filled up a withdrawal slip under her regular Savings Account No. 0193 64196 8, and she withdrew the amount ofP= 250,000, and she used this to purchase a cashier’s check in the same amount made payable to her name.

REP. MORENO. And do you have copy, microfilm copy of that check?

MS. NGO. We have this photocopy of the receiving copy of the cashier’s check.

REP. MORENO. And this is marked as exhibit?

MS. NGO. This is marked as Exhibit “LLL 5 L,” and the cashier’s check number is 0359 000188, and this was duly received by Ms. Yolanda T. Ricaforte. The cashier’s check was made payable to Yolanda Ricaforte.

REP. MORENO. In the amount of P=250,000, is that correct?

MS. NGO. In the amount of P=250,000, that is correct, Your Honor.

REP. MORENO. Now, Exhibit “LLL 5 A,” is the index of documents, can you tell this Court what this is all about?

MS. NGO. This represents the pertinent document that was submitted by our TM Kalaw, Luneta Branch, in relation to the various transactions made by Ms. Yolanda T. Ricaforte with Luneta Branch.

REP. MORENO. Mr. Chief Justice….

THE PRESIDING OFFICER. Yes, what is the pleasure of Prosecutor Moreno?

REP. MORENO. If the Honorable Court would wish to take a break, I’ll be willing to suspend and then….

THE PRESIDING OFFICER. Are you suggesting a break?

REP. MORENO. Yes, Mr. Chief Justice.

THE PRESIDING OFFICER. For how many minutes?

REP. MORENO. Ten minutes would be fine, Mr. Chief Justice.

THE PRESIDING OFFICER. As requested, five minutes. But I think the Majority Leader was about to propose 20 minutes. So, we’ll have half way, 15 minutes. (Laughter.)

Break for 15 minutes.

THE PRESIDING OFFICER ANNOUNCED

A BREAK AT 6:05 P.M

THE IMPEACHMENT TRIAL WAS RESUMED AT 6:17 P.M.

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

THE PRESIDING OFFICER. Trial is resumed.

REP. APOSTOL. Mr. Chief Justice.

THE PRESIDING OFFICER. The Honorable Prosecutor Apostol.

REP. APOSTOL. May I make a manifestation. In the testimony of the previous witness, we have deposited our exhibits “MMM” and up to “NNN 4″ with the Secretary General.

THE PRESIDING OFFICER. Let it be so recorded.

We will hear from the Senate Secretary if he has all these exhibits now in his custody? We can do that later.

In the meantime,

REP. APOSTOL. We are calling for Prosecutor Oscar Moreno.

In the meantime, Mr. Chief Justice, may we announce that we will be recalling tomorrow Governor Chavit Singson, this time to testify on Article 2.

THE PRESIDING OFFICER. On Article II already?

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

THE PRESIDING OFFICER. That would be the first witness for Article 2?

REP. APOSTOL. Yes, so he can be cross examined…

THE PRESIDING OFFICER. You mean this witness would be the last for Article 1?

REP. APOSTOL. We have more witnesses but…

THE PRESIDING OFFICER. Why don’t we complete first Article 1?

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

THE PRESIDING OFFICER. So, we will not be moving from one Article to the other.

REP. APOSTOL. Our problem is he is the same witness on Article II; secondly, his life is always in danger.

THE PRESIDING OFFICER. Well, would you want security?

REP. APOSTOL. Well…

THE PRESIDING OFFICER. Because if a witness’ life is actually in danger, make the proper move so the Court can give the protection instead of merely manifesting it to the Court or to anybody else.

REP. APOSTOL. Yes, Mr. Chief Justice. Our problem is, the security is given to him, the following day it’s withdrawn then it is returned. We have a little problem on this security problem.

THE PRESIDING OFFICER. We would have no problem if the authority was actually obtained from the Court.

REP. APOSTOL. Yes, we’ll do that. But in the meantime, if you will allow this body will allow us to present tomorrow the governor…

THE PRESIDING OFFICER. You have already announced five witnesses.

REP. APOSTOL. Yes, they are here.

THE PRESIDING OFFICER. Available?

REP. APOSTOL. Available. But most of the testimony will be merely corroborative to the testimony of this witness.

THE PRESIDING OFFICER. So you are going to dispense with the testimony of the others whose testimony would only be corroborative?

REP. APOSTOL. Yes, Mr. Chief Justice.

THE PRESIDING OFFICER. Would you announce now the witnesses whose testimony may be dispensed with because their testimony would only be corroborative?

REP. APOSTOL. The branch manager…

THE PRESIDING OFFICER. And corroborative to what? To whose testimony?

REP. APOSTOL. The branch manager whom we subpoenaed not subpoenaed, requested to come of the different branches of the Equitable PCI Bank.

THE PRESIDING OFFICER. All the other branches?

REP. APOSTOL. All the other branches.

THE PRESIDING OFFICER. Would now be?

REP. APOSTOL. We will dispense with their testimony and the other witness that we have, I think we can…

THE PRESIDING OFFICER. Just for the record. Who are the names who are these witnesses whose testimony would now be dispensed with for being only corroborative?

REP. APOSTOL. May I refer you…

THE PRESIDING OFFICER. Yes.

REP. APOSTOL. … Mr. Chief Justice,…

THE PRESIDING OFFICER. So we can have it on record.

REP. APOSTOL. … to Prosecutor Moreno.

THE PRESIDING OFFICER. This is for Article 1 ha?

REP. APOSTOL. Yes, Mr. Chief Justice.

THE PRESIDING OFFICER. Okay. Give us the names of the witnesses.

REP. APOSTOL. Is there a possibility if we can just ask the witness who are these with her now, the branch managers? She knows them all.

THE PRESIDING OFFICER. But that should come from the prosecution but not from the witness.

REP. APOSTOL. That’s the problem.

THE PRESIDING OFFICER. Probably later on the prosecution may disown the answer of the witness. Let’s get it from the prosecution. You can confer with the witness. But it should be an announcement from the prosecution.

MR. DAZA. Your Honor, our understanding is that the witnesses who will be named by the witness will only be testifying in a corroborative manner and that these witnesses will be dispensed with.

THE PRESIDING OFFICER. That is the reason why the Presiding Officer had asked for the names of these witnesses whose testimony would be merely corroborative and therefore these witnesses may not be presented anymore. So, their testimony may be dispensed with. Perhaps we can also dispense with the testimony of other witnesses for the other articles and so we can shorten further the proceedings.

REP. APOSTOL. Mr. Chief Justice…

THE PRESIDING OFFICER. Yes.

REP. APOSTOL. … if we will not be allowed to present Governor Singson tomorrow, may I withdraw our manifestation that we are withdrawing the testimony of the branch managers.

THE PRESIDING OFFICER. There was no ruling made by the Chair on that issue. The Chair was only suggesting that perhaps it will be best for you, as was agreed upon, that you should, first, terminate the evidence for Article 1 so we will have a very orderly proceeding. That was the understanding. Unless you have no other witness to support your allegations in Article 1, then we can move to Article 2.

REP. APOSTOL. Yes, Mr. Chief Justice, but, for instance, one of our witnesses cannot testify today because he is very sick.

THE PRESIDING OFFICER. No, but you enumerated about five, only one could not be, Raul de Guzman. So, you still have three more. Unless you would really dispense with the testimony of the three others.

REP. APOSTOL. Our other witnesses are subject of subpoena for Friday. So, in the meantime, because of the three day period requirement, and…

THE PRESIDING OFFICER. Yes. No, no, we are not talking about the other witnesses, we are talking about the witnesses you enumerated at the start of the trial this afternoon.

REP. APOSTOL. Yes, yes, Mr. Chief Justice, they are available, they are here.

THE PRESIDING OFFICER. And they are here.

REP. APOSTOL. They are here. And I manifested that in the meantime we will withdraw the testimony of these witnesses because of my manifestation that we will be presenting Governor Singson tomorrow.

THE PRESIDING OFFICER. In short, you will even if the testimony would only be corroborative, you will still present the witness.REP. APOSTOL. Tomorrow.

THE PRESIDING OFFICER. Tomorrow. If Governor Singson will not be…

THE PRESIDING OFFICER. So, in the meantime, you are withdrawing your manifestation to dispense with the testimonies of witnesses whose testimony would be merely corroborative.

REP. APOSTOL. Yes, Mr. Chief Justice.

THE PRESIDING OFFICER. You may proceed.

REP. APOSTOL. So, may I now refer the matter to Prosecutor Oscar Moreno?

THE PRESIDING OFFICER. Prosecutor Moreno may continue with the direct testimony of the witness, Annie Ngo.

REP. MORENO. Thank you, Mr. Prosecutor.

THE PRESIDING OFFICER. You have two more branches, did I get you correctly on that, records of two more branches?

REP. MORENO. Three more branches but these are not as complicated as the earlier branches, Mr. Chief Justice.

THE PRESIDING OFFICER. Okay.

REP. MORENO. Although the third will just be identifying the exhibits which have been documents which have been earlier premarked, Mr. Chief Justice.

Now, Madam Witness, can you tell this Court what Exhibit “LLL 5 B” is about?

MS. NGO. This represents a photocopy of the application form for cashier’s check in the amount of 11,000,000 and the applicant is Yolanda T. Ricaforte.

REP. MORENO. Ang again to whom was the cashier’s checks sought to be payable?

MS. NGO. It was sought to be made payable to Cash, Your Honor.

REP. MORENO. And does that cashier’s check applied for been actually issued?

MS. NGO. Yes, Your Honor.

REP. MORENO. And who received that cashier’s check, the original copy of that cashier’s check for 11,000,000 payable to Cash issued by this branch?

MS. NGO. It was duly received by Ms. Yolanda T. Ricaforte.

REP. MORENO. When was that, Ms. Witness?

MS. NGO. This was received on April 13, 2000.

REP. MORENO. Ms. Ngo, I am showing to you Exhibits “LLL-5-D” up to Exhibit “LLL-5-I”. Can you tell this Honorable Court, what these documents are all about?

MS. NGO. This represents the photocopies of the bank statements of her Savings Account No. under 0193-64196-8 covering the period February 2000 up to July 2000.

REP. MORENO. And have you prepared statements of account covering the period after July 2000?

MS. NGO. Yes. We will get a copy from our Operations Support Division, Your Honor.

REP. MORENO. And with respect to Exhibits “LLL-5-J”, “LLL-5-K”, can you tell this Honorable Court what these documents are all about?

MS. NGO. The first is a photocopy of the Savings — regular savings signature card under SA No. 0193-64196-8 and this account was opened by Yolanda T. Ricaforte. And under Exhibit “LLL-5-K”, this is the dorsal side of the same specimen signature card and the account holder again is Yolanda T. Ricaforte.

REP. MORENO. There are numbers that are encircled, “LLL-5-J” and marked as “LLL-5-J-1”, what are these numbers and what do they represent?

MS. NGO. This represents the cell phone number of Ms. Yolanda T. Ricaforte and her cell phone number is 09189021847.

REP. MORENO. Again there are numbers encircled in “LLL-5-K” and marked as “LLL-5-K-1”, what do these numbers represent?

MS. NGO. These represent her cell phone number stipulated in the specimen signature card, Your Honor.

REP. MORENO. I am showing to you Exhibit “LLL-5-L”, can you tell this Honorable Court what this document is all about?

MS. NGO. Again this represents a photocopy of the receiving copy of the manager’s check that was issued last August 31, 2000 and this was made payable to Yolanda Ricaforte in the amount of 250,000. The Cashier’s Check No. 0359000188 and this was duly received by Ms. Yolanda T. Ricaforte.

REP. MORENO. Has this cashier’s check been encashed or deposited?

MS. NGO. We don’t have the microfilm copy of the negotiated check but we will retrieve the copy from our Operations Support Division, Your Honor.

REP. MORENO. And who has received the cashier’s check as applied for?

MS. NGO. The cashier’s check was duly received by Ms. Yolanda Ricaforte, Your Honor.

REP. MORENO. I am showing to you Exhibit “LLL-5-M” and “LLL-5-N”, what do these documents represent?

MS. NGO. Again, this represents the bank statement of Yolanda T. Ricafore under her savings account covering the period September 2000 … covering the period August 2000 to September 2000, Your Honor.

REP. MORENO. Now, Ms. Witness, in this branch, T.M. Kalaw-Luneta Branch, aside from the SS, the regular savings No. 0193-64196-8 and the SSA No. 193 15050 3, was there any other SSA or other account that was opened by Mrs. Ricaforte?

MS. NGO. Yes. Subsequently, she opened another SSA account last May 30, 2000, and the amount that was deposited was debited from her regular Savings Account 0193 64196 8, and the amount that was debited from her regular savings account is 500,000.

REP. MORENO. Now, let’s go to Exhibit “LLL 6.” Could you tell this Honorable Court what this exhibit is all about?

MS. NGO. Yes. Ms. Yolanda T. Ricaforte went to the fifth branch which is our Quezon Avenue Scout Albano Branch, and this branch is headed by Mr. Edgardo Alcaraz, and she opened a current account, a savings account and a special savings account on March 2, 2000. And the initial deposit that was made was four million in cash.

REP. MORENO. Broken down into? How much?

MS. NGO. Yes, broken down into 5,000 was deposited under her current account, 1,995,000 was deposited under her regular savings account, and the remaining balance of 2,000,000 was deposited under her special savings account.

REP. MORENO. And were there withdrawals against this account?

MS. NGO. Yes. On March 14, 2000, she issued a check under Check No. 221152 in the amount of 500,000, Your Honor. And then on April 12, she made a withdrawal in the amount of 3,000,000, and she used these funds to purchase a cashier’s check in the amount of 3,000,000 made payable to bearer, Your Honor.

REP. MORENO. Does this first withdrawal, Check No. 011 00221152, issued by Mrs. Ricaforte on March 14, 2000, to whom was this payable?

THE SENATE PRESIDENT. Mr. Chief Justice, before the witness will answer.

THE PRESIDING OFFICER. Yes, the Senate President, with the permission of Prosecutor Moreno.

THE SENATE PRESIDENT. Would it not be possible for counsel for the prosecution and counsel for the defense to stipulate on these issues, because we’ve been sitting here for the last four hours, Mr. Chief Justice, just talking about matters that have been identified as exhibits. I wonder if we cannot shorten the proceedings by stipulating on these facts.

THE PRESIDING OFFICER. Yeah. Probably, we can inquire first from the parties if they can the prosecution, if you can stipulate on some of these matters.

MR. DAZA. It’s the turn of the prosecution to present evidence. And, as always, in order to speed up the process of this trial, we are open to any offer to stipulate. But no such offers has been made, and I have been wondering myself why these bank documents and the contents thereof were not offered by way of stipulation to us. We cannot take the initiative for stipulation, Your Honor.

THE PRESIDING OFFICER. How long would your direct examination be? How long more?

REP. MORENO. It will take not more than 30 minutes, Your Honor.

THE PRESIDING OFFICER. Not more than 30 minutes.

REP. MORENO. Nonetheless, Mr. Chief Justice, I think the witness’ testimony on these facts are very material to us because of the offered reasons for the offer that we have indicated at the beginning, Mr. Chief Justice.

THE PRESIDING OFFICER. The Honorable Senator Judge Guingona.

SEN. GUINGONA. Mr. Chief Justice, the prosecution offered the testimony for certain purposes and that was clear. But in the presentation of the exhibits, the documents, we got lost somewhere along the way because the exhibits were not numbered, at least, as far as our copy is concerned, Mr. Chief Justice. So I was wondering whether the prosecutor can summarize the first, as far as the purpose, and then the exhibits later on.

THE PRESIDING OFFICER. As a matter of fact, about an hour ago, the Honorable Senator Judge Drilon submitted to the Presiding Officer, a proposal but which can be taken by the which can be considered by the Court, probably after the direct testimony.

SEN. GUINGONA. Yes, thank you.

THE PRESIDING OFFICER. And for the record, this is the proposal:

“I believe all of us are having difficulty understanding this complicated testimony of Madam Ngo. After the direct testimony, would you endorse the motion I will make to require counsel to:

1) Restate the purpose for which the testimony is offered;

2) Narrate factually in writing, without arguments, how the testimony related to the purposes, citing specific exhibits to assist everyone.”

We will cross the bridge when we come to it. Let’s finish first with the direct testimony. You may proceed…

REP. MORENO. Mr. Chief Justice. At the end of the direct testimony, Mr. Chief Justice, this representation wishes to summarize what Miss Ngo will have testified on, Mr. Chief Justice.

In the meantime, I would have to beg for the indulgence of our Senator Judges because these are very complex documents, Mr. Chief Justice, Your Honors, and…

THE PRESIDING OFFICER. Yes, I thought you can finish it in 30 minutes as you promised.

REP. MORENO. Now, Miss Witness, can you tell this Honorable Court what “LLL 6″ is all about?

THE PRESIDING OFFICER. “LLL 6″?

REP. MORENO. Dash 6, Mr. Chief Justice.

THE PRESIDING OFFICER. Okay, go ahead.

MS. NGO. As I said earlier, Ms. Yolanda T. Ricaforte opened three various accounts with our fifth branch which is our Quezon Avenue Scout Albano Branch. On March 2, 2000, she opened a regular savings account, a current account and a special savings account. And her initial deposit was four million, and out of the four million, five thousand went to her current account; one million nine hundred ninety five thousand went to her regular savings account, and two million went to her special savings account. And subsequently, on March 14, she issued a check under Check No. 221152 in the amount of five hundred thousand and also subsequently, on April 12, she withdrew a total amount of three million under her regular savings account and bought a cashier’s check in the amount of three million which was made payable to bearer.

REP. MORENO. Can you identify Exhibit “LLL 6 A”, and “LLL 6 A 1″?

MS. NGO. This represents the pertinent records and documents that we retrieved from our Scout Albano Quezon Avenue branch.

REP. MORENO. And how about Exhibit “LLL 6 B”?

MS. NGO. Ah, this is a photocopy of the individual account record. This is the record that a client has to fill up every time she opens a new account.

REP. MORENO. And there are numbers here that are encircled and marked as “LLL 6 B 1.” Can you tell this Honorable Court what these numbers are?

MS. NGO. What is stipulated in the individual account record marked as Exhibit “LLL 6 B”, is her cell phone number 0918 902 1847, Your Honor.

REP. MORENO. And Exhibit “LLL 6 C”, can you tell this Honorable Court what this is?

MS. NGO. This is again a photocopy of the specimen signature card under her Savings Account 573315154 3 which she opened with our Quezon Avenue Scout Albano Branch, Your Honor.

REP. MORENO. And how about Exhibit “LLL 6 D”?

MS. NGO. This represents a photocopy of her specimen signature card under CA Current Account No. 5732 01975 8, Your Honor.

REP. MORENO. How about Exhibit “LLL 6 E” up to

Exhibit “LLL 6 I”?

MS. NGO. This represents the bank statements of Ms. Yolanda T. Ricaforte under her regular Savings Account, 5733 1515 4 3, Your Honor, covering the period March to July year 2000, Your Honor.

REP. MORENO. And do you have the statement covering the period subsequent to July of 2000?

MS. NGO. Yes, Your Honor, it’s with our Operation Support Division, Your Honor.

REP. MORENO. And what about Exhibit “LLL 6 J”?

MS. NGO. This represents again her bank statement under her regular savings account…no, this is covering the period September year 2000.

REP. MORENO. And how about Exhibit “LLL 6 K” to Exhibit “LLL 6 N”?

MS. NGO. This represents the photocopies of her bank statements under her Current Account 5732 01975 7 covering the period March 2000 up to June 2000, Your Honor.

REP. MORENO. And have you prepared the statement of account for the period subsequent to June 2000?

MS. NGO. Yes, Your Honor.

REP. MORENO. And where is it?

MS. NGO. For the current account covering the month September year 2000, it is marked as Exhibit “LLL 6 0″, Your Honor.

THE PRESIDING OFFICER. What’s the number of the exhibit?

MS. NGO. “LLL 6 0″, Your Honor.

THE PRESIDING OFFICER. Thank you.

REP. MORENO. And how about Exhibit “LLL 6 P”

MS. NGO. This covers the same period, Your Honor, September.

REP. MORENO. And Exhibits “LLL 6 Q” and “LLL 6 R”, what do these documents say?

MS. NGO. “LLL 6 Q” represents a photocopy of the receiving copy of the manager’s check that was issued in favor of bearer in the amount of 3 million which was issued last April 12, year 2000 and this was duly received by Ms. Yolanda T. Ricaforte.

REP. MORENO. And how about the other one, “LLL 6 R”?

MS. NGO. This represents a photocopy of the MC or Cashier’s Check Application Form duly signed by Ms. Yolanda T. Ricaforte, Your Honor.

REP. MORENO. And how about “LLL 6 S”?

MS. NGO. This represents the trust placement that was made on November 22. Subsequently, the SSA placement in the amount of 2 million that was opened last March 2 was preterminated on April 12 and then she made another placement on May 23 under a trust placement. And this is just the rolled-over certificate.

REP. MORENO. So, altogether, how many accounts regular, current, regular savings, SSAs or any other account did Ms. Ricaforte maintained with that branch?

MS. NGO. She maintained a current account, a regular savings account and a trust placement with our Quezon Avenue Scout Albano Branch, Your Honor.

REP. MORENO. I’m showing to you Exhibit “LLL 7″. Can you please tell this Honorable Court what this is all about?

MS. NGO. She visited our Equitable Savings Bank Isidora Hills Branch on March 15 and she opened a special savings account on March 15 under SSA No. 0770 90497 8 and her initial deposit was a 500,000 cash deposit, and subsequently on March 16, she returned again and made another placement under SSA No. 0770 90498 6 in the amount of 7 million. And what was deposited under this account is a Metrobank Ayala Center Check No. 1707 in the amount of 7 million. And subsequently, she made a withdrawal on April 14 and she withdrew she preterminated her second SSA account that was opened last March 16 and withdrew a total amount of 7 million and she used this to purchase a cashier’s check in the amount of 7 million payable to Cash dated April 14, year 2000, Your Honor.

REP. MORENO. I am showing to you Exhibit “LLL 29″ and “LLL 29 A.” Now, in relation to Item Number 2 in the deposits, in “LLL 7,” which talks about March 16, 2000 deposit Metro Ayala Center, Check Number 1707, for 7 million, what do these Exhibits “LLL 29,” and “LLL 29 A” tell us?

MS. NGO. These show that the check is drawn against Metrobank Ayala Center Branch and that the drawer or issuer of the check is none other than Governor Luis Chavit Singson, and this is dated March… It’s not really clear, it’s either March 15 or 16, 2000, and the amount is made in the amount of 7 million. It’s made payable to Cash, Your Honor.

REP. MORENO. And Exhibit “LLL 29 A” the dorsal portion of the check, can you please tell this Honorable Court there are numbers that are indicated there, what…

MS. NGO. What is written in the dorsal portion of the said check is the Account Number 77090498 6 which corresponds to the SSA number that I said earlier regarding the second placement that was made and that was opened last March 16, 2000.

REP. MORENO. By whom?

MS. NGO. By Ms. Yolanda T. Ricaforte, Your Honor.

REP. MORENO. I am showing to you Exhibit “LLL 7,” can you please tell this Honorable Court this is the last branch, what this exhibit is all about?

MR. NGO. Again, as I said earlier, Yolanda T. Ricaforte visited our Equitable Savings Bank Isidora Hills Branch last March 15, and opened…

REP. MORENO. I am sorry, Your Honor, that has earlier…

THE PRESIDING OFFICER. That was testified to already.

REP. MORENO. That’s right, Your Honor. Exhibit “LLL 7 A,” can you please tell this Honorable Court what is this all about?

MS. NGO. This refers to the documents and records that was submitted by our Equitable Savings Bank Isidora Hills Branch pertaining to the various transactions made by Yolanda T. Ricaforte with our Isidora Hills Branch.

REP. MORENO. And Exhibit “LLL 7 B” and “LLL 7 B 1,” can you please tell this Honorable Court about these documents?

MS. NGO. The first is a photocopy of the specimen signature card of the first SSA account that was opened last March 15, 2000, under SSA Number 07709 90497 8, and the second is the photocopy of the dorsal side of the same specimen signature card.

REP. MORENO. Ms. Witness, there are numbers again, but before these numbers there are words “Cell” and then the signed number which are encircled together with these numbers as “LLL 7 B 2,” can you please tell this Honorable Court what these markings are?

MS. NGO. What is stipulated and that’s photocopy of the specimen signature card of Yolanda T. Ricaforte, under SSA Number 0770 90497 8 are the word “Cell number” and the numbers are “0918902 1847,” Your Honor.

REP. MORENO. Ms. Witness, Exhibit “LLL 7 C,” what is this?

MS. NGO. This is again a bank statement of the second SSA account that was opened last March 16, under SSA Number 077090498 6, Your Honor, and this covers the period April 2000.

REP. MORENO. And how about Exhibit “LLL 7 D?”

MS. NGO. This is a photocopy of the deposit slip that was made on the second SSA placement that was opened last March 16, Your Honor.

REP. MORENO. And how about Exhibit “LLL 7 E?”

MS. NGO. This is a photocopy of the SSA passbook that was opened last March 16, Your Honor.

REP. MORENO. And how about Exhibit “LLL 7 F?”

MS. NGO. This represents the withdrawal slip, ‘no, representing the proceeds of the pretermination made on the second placement that was made under SSA Number 077090498 6, Your Honor.

REP. MORENO. And how about Exhibit “LLL 7 G” and “LLL 7 H?”

MS. NGO. The first refers to a photocopy of the application form for a cashier’s check in the amount of 7 million made payable to Cash and the applicant is Yolanda T. Ricaforte, Your Honor.

REP. MORENO. Payable to whom?

MS. NGO. Made payable to Cash, Your Honor.

REP. MORENO. I am sorry. And “Exhibit LLL 7 H” is what?

MS. NGO. Is a photocopy of the receiving copy of Cashier’s Check Number 0720 00422 in the amount of 7 million made payable to Cash, Your Honor, and this was duly received by Ms. Yolanda T. Ricaforte, Your Honor.

REP. MORENO. And can you tell this Honorable Court what exhibit “LLL 7 I” up to Exhibit “LLL 7 Q” are?

MS. NGO. This represents the bank statement of the first SSA placement that was made March 15 Year 2000 under SSA No. 0770 90497 8 covering the period April 2000 to September 2000.

And then for Exhibit marked “LLL 7 N”, this represents the bank statement of another regular savings account that was opened last April 14 under the regular Savings Account No. 0770 00937 5 and this covers the period April Year 2000 when the account was opened up to September Year 2000, Your Honor.

REP. MORENO. Thank you, Ms. Witness. And finally, I now go to “LLL 8″. Can you tell this Honorable Court, beginning from “LLL 8″ up to “LLL 21″ what these documents are all about?

MS. NGO. The first is a photocopy of the check that was deposited to our third branch, Pedro Gil-Robinsons Branch under the management of Ms. Ciaquira Yu and this is a Metrobank check deposit under Check No. 158 for 2,965,000.

The second is also a second check deposit made under our Pedro Gil-Robinsons Branch.

The third is a debit memo debiting the account of Yolanda T. Ricaforte for a placement to be made under special bills. This is also a transaction made under our third branch, Pedro Gil-Robinsons Branch.

And the fourth is a placement that was made the placement was shifted to SSA under 27690238 5 dated February 29. This transaction was also made at our Pedro Gil Robinsons Branch.

And then the fourth the fifth Exhibit marked “LLL 12″ is a cash deposit made with our Diliman Matalino Branch, our second branch which was dated January 26.

And Exhibit “LLL 13″ is a cash. It’s a deposit made under our Diliman Matalino Branch when Ms. Yolanda T. Ricaforte withdrew 70 million from her regular savings account and transferred this to a special savings account. This was dated January 25th.

THE PRESIDING OFFICER. What date is that?

MS. NGO. This was dated January 25 Year 2000, Your Honor, when she shifted 70 million from her regular savings account maintained with our Diliman-Matalino Branch under Savings Account 288 2037 0 and transferred this to Special Savings Account under 3288 00079 3.

And then Exhibit “LLL 14″ represents the withdrawal slip that I mentioned earlier when she withdrew 70 million from the SA No. 2037 0 under our Diliman-Matalino Branch.

And then Exhibit “LLL 15″ represents the 10 million cash deposit that was made with our Timog-Scout Tobias Branch under Special Savings Account 315700062 3. This was again transferred from her regular savings account maintained with our Timog-Scout Tobias Branch under Regular Savings No. 4227 0. This was the second SSA placement that she made with our Timog-Scout Tobias Branch but this 10 million was transferred from her regular Savings Account Number 4227 0.

THE PRESIDING OFFICER. What’s the date? We cannot read.

MS. NGO. This was dated February 7, Your Honor, year 2000.

And then Exhibit “LLL 16″ represents the proceeds of the pre terminated SSA placement with our first branch, with our Timog-Scout Tobias Branch. I stand corrected, Your Honor, this is just a rollover, SSA rollover. This SSA placement was made with our Timog-Scout Tobias Branch last December 2, 1999 and she requested the branch to debit 70 million from her savings account under SA Number 4227 0 and this was transferred to her SSA Account Number 31570039 9.

And then Exhibit “LLL 17″ represents a withdrawal made on March 29. This is made with our Diliman-Matalino Branch and this with our Timog-Scout Tobias Branch and this was withdrawn from her regular Savings Account 15704227 0 and these proceeds were transferred to a special savings account, Your Honor, on the same date, March 29 with our Scout Tobias Timog Branch which is headed by Miss Edel Nantes, Your Honor.

Again, Exhibit “LLL 18″ represents withdrawal slip in the amount of 10 million under SS under regular Savings Account 0157 04227 0 when she transferred again 10 million from her regular savings account and transferred this to a special savings account on February 7.

And Exhibit “LLL 19″ represents the 3 million cash deposit that was made on January 10. This is part of the 12 additional cash deposit that was made with our Timog-Scout Tobias Branch after she made an initial deposit of 17,210,000, Your Honor. This was the eleventh cash deposit that was made.

And then Exhibit “LLL 20″, this is another deposit that was made with our Timog-Scout Tobias Branch. This is the final and the twelfth cash deposit that was made under Savings Account Number 01574227 0 in the amount of 2,460,000 and this was made on January 11, year 2000.

And Exhibit “LLL 21″, this represents the SSA maturity of her 70 million placement that was made on December 2, 1999 with our Timog-Scout Tobias Branch. This represents the rolled over maturity.

REP. MORENO. And can you tell the Court about “LLL 22″?

MS. NGO. This is the deposit that was made with our Timog-Scout Tobias Branch in the amount of P=2.5 million when she transferred 2.5 million from her regular Savings Account 15704227 0 and transferred these funds to a special savings account under SSA Number 315700071 2, Your Honor.

REP. MORENO. And how about Exhibit “LLL 34″, what is this?

MS. NGO. This represents a photocopy of the specimen signature card of her regular savings account that was opened with our T.M. Kalaw-Luneta Branch which is headed by Mr. Vergel Pabillon.

REP. MORENO. And there are numbers here and before the numbers the word “cell” and the signed number which are encircled and marked as Exhibit “LLL-34-A.” Can you please tell this Honorable Court what these numbers represent?

MS. NGO. What is stipulated in the specimen signature card are the number 0918… Cell No. 09189021847, Your Honor.

REP. MORENO. And what does that mean?

MS. NGO. This represents the cell phone number of Yolanda T. Ricaforte, Your Honor.

THE MAJORITY LEADER. Mr. Chief Justice.

REP. MORENO. Final two questions.

THE PRESIDING OFFICER. The Majority Leader.

THE MAJORITY LEADER. May we inquire from counsel how much longer will it take him to wind up his direct?

REP. MORENO. Two questions. Final two questions, Your Honor, because these numbers are quite — the numbers are quite relevant as have been indicated in the offer.

THE PRESIDING OFFICER. Before you proceed, Prosecutor Moreno, in Exhibit “III-34,” you have an entry above it, “J-26.” Is that an exhibit number too?

REP. MORENO. No, Your Honor. This number was the number earlier put by the witness because she had her own index and table, and her index was based on the letters. This was done before the premarking, Your Honor.

THE PRESIDING OFFICER. With the agreement of counsel, will we just cross this entry “J-26” so it will not confuse us? Put a line across it. Do you agree?

REP. MORENO. We agree, Your Honor.

THE PRESIDING OFFICER. Defense and prosecution? Meaning, delete “J-26” in Exhibit “III-34.” Proceed to Exhibit…

MR. DAZA. I am sorry, Your Honor. I did not follow the flow of the statements here.

THE PRESIDING OFFICER. There are anyway — anyway, we have two more questions.

MR. DAZA. Well, any change or tampering on the exhibits, we have no objection.

THE PRESIDING OFFICER. No, no, it’s not. It’s not a change.

MR. DAZA. As far as the markings are concerned, we have no objection.

THE PRESIDING OFFICER. It is just trying to cross or delete “J-26,” a number…an entry made by the witness herself. So, delete that.

REP. MORENO. Last two items, Your Honor, if I may.

THE PRESIDING OFFICER. Also in Exhibit “III-35,” the “J-26” on the upper right-hand corner, cancel it. Also in Exhibit “III-36,” delete the entry above at the upper right-hand corner, “J-26.” You may now continue.

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

Madam Witness, Exhibit “LLL-35” and “LLL-36,” what do these exhibits tell us?

MS. NGO. Exhibit “LLL-35” represents a photocopy of the dorsal side of the specimen signature that was earlier mentioned in Exhibit “LLL-34,” and these were duly signed by Ms. Yolanda T. Ricaforte. Exhibit “LLL-36” is a photocopy of the individual account record filled up by Ms. Yolanda T. Ricaforte when she opened an account with our T.M. Kalaw-Luneta Branch, Your Honor.

REP. MORENO. Thank you, Ms. Witness. Now, do you have — Did you bring with you the original copies of the documents that you had testified on earlier?

MS. NGO. Yes, Your Honor.

REP. MORENO. Now, Mr. Chief Justice, Your Honors, I may please ask that these originals be turned over and so as to spare this Honorable Court from the time and trouble of having to witness the comparison between the originals and the photocopies earlier marked as exhibits. May I ask that this be done, Your Honor, after the Court shall have been adjourned for the day, if that would be okay with the Honorable Chief Justice.

MR. DAZA. We join in the request, Your Honor.

THE PRESIDING OFFICER. The original documents should now be deposited with…

MR. DAZA. We join. We join in the request.

THE PRESIDING OFFICER. … the Secretary of the Senate.

MR. DAZA. We join in the request because we are going to need them for cross-examination, Your Honor.

THE PRESIDING OFFICER. Yes, and that should be made ready at all times for the cross-examination. The cross-examination should be made on the basis of the original documents.

MR. DAZA. Preferrably, Your Honor.

REP. MORENO. And Mr. Chief Justice, before the cross-examination begins, may I ask that the honorable counsel for the defense manifest that the originals and the photocopies of these originals earlier premarked as exhibits are genuine reproductions, Mr. Chief Justice. This will be done through that process.

THE PRESIDING OFFICER. Well, I don’t think that would be proper at this stage. They have not yet seen the originals. Probably, at the start of the cross-examination or some time later in the course of the cross-examination.

REP. MORENO. Thank you, Mr. Chief Justice. And finally, Mr. Chief Justice, for the record, Your Honors, I would like to respectfully manifest that the telephone number which reads 0918-9021847, appearing in Exhibits “LLL-2-C; “LLL-3-F”; “LLL-4-T”; LLL-4-U; LLL-5-J; “LLL-5-K; “LLL-6-B: “LLL-7-B; and, “LLL-34” and previously marked as Exhibits “LLL-2-C-2”; “LLL-3-F-2; “LLL-4-E”; “LLL-4-1 – I’m sorry, 4-U-1 “LLL-5-J-1”; “LLL-5-K-1”; “LLL-6-B-1”; “LLL-7-B-2”; and, “LLL-4-A”; all of which were executed by Mrs. Yolanda Ricaforte corresponds to the cellular phone number belonging to Mrs. Yolanda Ricaforte as testified to by prosecution witness, Marichu Itchon, Mr. Chief Justice.

MR. DAZA. That’s not, Your Honor — That’s not proof .

THE PRESIDING OFFICER. The Court will only take note of that not as evidence because you are not under oath as a witness.

MR. DAZA. That’s not proof, Your Honor. That’s argument.

THE PRESIDING OFFICER. That’s why the Court cannot take it as evidence.

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

Mr. Chief Justice…

THE PRESIDING OFFICER. So counsel is admonished not to make an immediate summary about that and make a conclusion of his own. The witness has not yet been cross-examined on that. That should be the proper scope of cross-examination.

REP. MORENO. I’m sorry.

THE PRESIDING OFFICER. Of course, during your submission of a memorandum.

REP. MORENO. I’m sorry, Mr. Chief Justice. Just wanted because there are so many of these exhibits.

THE PRESIDING OFFICER. Yes, but that should not be done that way.

Yes, the Honorable Senator-Judge Drilon.

SEN. DRILON. If the direct testimony is already finished, Mr. Chief Justice…

THE PRESIDING OFFICER. Yes, the direct testimony has been concluded.

SEN. DRILON. Before we go to the cross, Mr. Chief Justice, as the Chief Justice has earlier indicated, I suggested to the Chief Justice with the concurrence of the Impeachment Court, that the counsel now be required to restate in writing the purpose for which the testimony is offered and point to the testimony of the witness which would correspond or relate to the purposes for which it was being offered. The testimony is very complicated. For the last four hours, we have been sitting down here, Mr. President, we could hardly follow the markings. The markings are not even accurate and – I mean, are not even sequential and, therefore, it was very difficult. With the concurrence of both counsels, for the benefit of all the parties here including the Court, may we propose to the Impeachment Court that a summary of the testimony be made without arguments, without that warning, Mr. President, without any arguments just point to the testimony which will correspond to the purpose for which it was offered. I’m sure it would also benefit the cross-examiner.

MR. DAZA. If I understand the Senator .. he’s proposing that at the end of the testimony of the witness, a formal offer be made in regard to…

SEN. DRILON. No.

MR. DAZA. …in regard to the documents or evidence relating that.

SEN. DRILON. There was already an offer…There was already an offer of evidence.

MR. DAZA. No, no, I’m saying documentary evidence.

SEN. DRILON. Including the documentary evidence.

MR. DAZA. Well, in which case if the Court will permit it, then at that time we should be also allowed to state our objection to the offer of the documentary evidence.

THE PRESIDING OFFICER. By the way, there was no offer of evidence yet.

MR. DAZA. Yes, I’m just talking about the proposal.

THE PRESIDING OFFICER. There was only identification of documents. This is not yet the proper time for an offer of exhibits.

MR. DAZA. That’s why I was trying to understand the proposal of the Senator.

SEN. DRILON. Yes, if you will allow me to repeat it. At the start of this testimony, the counsel manifested the purpose for which the testimony is being offered. That was clear on the record. Because of the length of the testimony, we already could no longer relate the documents and the testimony to the purpose for which it is stated. All that we are asking for to guide everyone, including the counsel for the defense, is for the prosecutor now just to restate in writing what is the purpose and now tell us which portions of the testimony would be for that particular purpose for which it was being stated. That’s all. There is no offer. It’s just for the guidance of everyone so that we can…

MR. DAZA. In other words, during the direct examination of the witness, as the testimony proceeds, the prosecutor will state the purpose for which that particular testimony is going to relate…

SEN. DRILON. It was already offered at the start of his testimony.

MR. DAZA. Yes, yes. I’m just clarifying. In other words, as the direct testimony goes on, the prosecutor will state.

SEN. DRILON. No, it was already stated. The testimony was already…

MR. DAZA. Well, in that case, there is no problem if the offer If the purpose if the offer has been made.

SEN. DRILON. Yeah, okay. If that is with the concurrence…

MR. DAZA. I mean, we are open to any proposal as long as we understand what the proposal is all about.

SEN. DRILON. Well, all right. So if you understand it now, can we now find out if that proposal is possible.

MR. DAZA. If Your Honor, can… We are just asking this. For us to understand clearly the proposal, we understand that during the direct testimony, the prosecutor will state what the coming testimony will be in relation to a purpose stated in the offer. Is it how it is or is it in a different manner?

SEN. DRILON. Well, it was… The testimony was already given. The testimony of this witness for the last four hours she was testifying, and we could… I was just trying… as an aid for us to understand the whole testimony.

MR. DAZA. Well, this particular testimony.

SEN. DRILON. Yes, yes.

MR. DAZA. So then the proposal is, now because the direct testimony is finished,…

SEN. DRILON. Yes.

MR. DAZA. … the prosecutors should be allowed to dissect and categorize the whole testimony relating them to the purposes.

THE PRESIDING OFFICER. The Chair will help the parties. Here are the written proposals of the Honorable Senator Judge Drilon: One, after the conclusion of the testimony on direct examination, for the prosecution to restate the purposes for which the testimony of Ms. Ngo was offered. Meaning, it’s practically a rereading of the offer before the commencement of the direct testimony.

Secondly, narrate factually. Meaning, this is addressed to the prosecutors. Narrate factually in writing without argument how the testimony of the witness relates to the purposes citing specific exhibits to assist everyone.

So, these are the proposals. As to the first, it’s not a problem because we can just simply read the transcripts. As to the second, I think you have to agree.

MR. DAZA. Yes, we are in agreement. Provided that we should be given also the opportunity to make a written comment on the statement of the purpose or whatever is stated in that pleading.

THE PRESIDING OFFICER. Okay, let us put it this way.

MR. DAZA. Yes.

THE PRESIDING OFFICER. Assuming that you can agree on this, how much time would be needed by the prosecution to put in writing the second proposal?

REP. MORENO. We can do that, Mr. Chief Justice…

THE PRESIDING OFFICER. Taking into account the length of the testimony of the witness.

REP. MORENO. The summary can be done actually, Mr. Chief Justice, in less than five hours.

THE PRESIDING OFFICER. Less than five hours.

REP. MORENO. However, in fact, now I can verbalize already the summary, Mr. Chief Justice, if you will allow me.

THE PRESIDING OFFICER. You can verbalize it in five hours, it will be up to midnight?

REP. MORENO. No, no. Just a one-page summary, Mr. Chief Justice, of the deposits, the cash as well as the check deposits, the interest earnings, the withdrawals made by Mrs. Ricaforte.

THE PRESIDING OFFICER. Yes. If it will be in writing, how much time would you need to respond?

MR. DAZA. We need equal time from the time we receive whatever they file.

THE PRESIDING OFFICER. In short, we will be wasting 10 hours. Would you start 10 hours from 7:16 this evening? Or it might start only tomorrow. We better start with your cross examination tomorrow.

How long would be the cross examination?

MR. DAZA. Well, we’ll try to have a short, circumspect cross examination.

THE PRESIDING OFFICER. It will be very, very short. Probably…

MR. DAZA. We can assure the Court that it will not take us more than half the time that the direct examination was conducted. It will be less than one half the time it took them to present the testimony in chief. THE PRESIDING OFFICER. Well, in the meantime, you can try preparing, since you are agreed on the second, you can try approaching the issue by starting to prepare the sum¬mary under proposal number two and probably early tomorrow morning, you could furnish the other party with a copy of the summary for the latter to be able to submit its own comments or observations before noon.

REP. MORENO. It’s fine with us, Mr. Chief Justice.

THE SENATE PRESIDENT. Okay, good.

THE PRESIDING OFFICER. Yes, that would be fine enough. What’s the pleasure of the Majority Leader?

THE MAJORITY LEADER. Mr. Chief Justice, before making my customary motion at this time of the day, may I state briefly that because of reports of heavy electronic surveil¬lance allegedly being conducted illegally on the senator judges and other members of this Impeachment Court by certain parties and the serious implications to the dignity and safety of this Court and all its members, the senators earlier today agreed on caucus to meet tomorrow, as a Court, tomorrow morning…

THE PRESIDING OFFICER. As a Court?

THE MAJORITY LEADER. … as a Court, to consider an appropriate response to this reported assault on the dignity and safety of the Court and its members. It is not intended to supplant or to advance our regular sitting at two o’clock in the afternoon, which will take place, as scheduled.

So with that understanding, Mr. Chief Justice, I now move to suspend this impeachment trial until 10:30 tomorrow morning, Tuesday, for the purpose so stated; thereafter, to resume at two o’clock in the afternoon of the same day for the continuation of the trial proper.

THE PRESIDING OFFICER. You are saying that the 10:30 meeting or session tomorrow will not be a special meeting. It is a regular meeting of the Court Impeachment Court, to be continued in the afternoon.

THE MAJORITY LEADER. Yes, Mr. Chief Justice. But the business in the morning …

THE PRESIDING OFFICER. Upon the request of the Senate President, the subpoenas had already been issued to the parties who are to appear tomorrow morning. But before we adjourn, …

SEN. SOTTO. Mr. Chief Justice.

THE PRESIDING OFFICER. The Honorable Sotto.

SEN. SOTTO. Just for clarification. May we ask the Senate President what about the ten o’clock regular ses¬sion?

THE SENATE PRESIDENT. With the permission of the Chief Justice.

THE PRESIDING OFFICER. Yes. The Senate President.

THE SENATE PRESIDENT. The regular session of the Senate will also take place at ten o’clock so that we can dispose of the calendar of business for tomorrow’s session.

SEN. SOTTO. Thank you, Your Honor. Just for informa¬tion also, the Committee on Public Services has postponed the hearing for tomorrow in lieu of the 10:30 Impeachment Court schedule. Thank you.

THE PRESIDING OFFICER. Thank you.

SEN. CAYETANO. Mr. Chief Justice.

THE PRESIDING OFFICER. Yes, the Honorable Senator Cayetano.

SEN. CAYETANO. Just a matter of administrative affair, Mr. Chief Justice, begging the pardon of my colleagues.

We are in receipt of a letter from the Secretary of the Senate, Atty. Lutgardo Barbo, December 18, providing us with copies of the Journal of the Senate on November 15, 2000, in relation to the order of the Presiding Officer on December 14, 2000.

Mr. Chief Justice, I just want to put on record that this particular Journal has been questioned by this repre¬sentation as being tampered and what we have been given is precisely the Journal that I have questioned and so far, this matter is under investigation, as ordered by the Senate President, and being investigated by the Minority Leader Senator Guingona.

So I suggest that if we have to be furnished a copy, the other copy which I claimed to be genuine should also be furnished the members of the prosecution and as well as the defense and the members of the Senate, as tribunal. Thank you.

THE PRESIDING OFFICER. Probably that can be taken up tomorrow before the Senate can immediately after the Senate is converted into an Impeachment Court. There will be an Impeachment Court at 10:30,but it will be the Senate at ten o’clock. Is that the understanding of the Chair?

THE MAJORITY LEADER. That’s correct, Mr. Chief Justice.

THE PRESIDING OFFICER. Before the Chair would act on the motion to suspend, in the beginning, on a question of privilege by the Honorable Senator Judges Oreta and Enrile, the Chair reserved action on their motion to cite in contempt of court Prosecutor Congresswoman Martinez and the Chair withheld any action thereon until after the arrival of Her Honor, Prosecutor Martinez, but she has not appeared this afternoon.

During the break, the Presiding Officer suggested to the Honorable Senator Judges Oreta and Enrile that the motion to cite Prosecutor Martinez in contempt shall be put in writing and filed with the Impeachment Court so it can be taken up tomorrow. So the request made during the break is reiterated.

Yes, Honorable Oreta.

SEN. ORETA. Mr. Chief Justice, we have done what you have asked us and we have already filed it with the Secretary.

THE PRESIDING OFFICER. Yes. And the Secretary of the Impeachment Court is directed to include that motion in the agenda for tomorrow afternoon.

The Majority Leader, are you reiterating your motion to suspend?

THE MAJORITY LEADER. I reiterate my motion to suspend until ten thirty tomorrow morning.

THE PRESIDING OFFICER Any objection? (Silence)

There being none, the trial is suspended until ten thirty tomorrow morning.

REP. APOSTOL. Mr. Chief Justice.

THE PRESIDING OFFICER. Yes.

REP. APOSTOL. May I request that the witness be allowed to be excused.

THE PRESIDING OFFICER. Yeah. The witness is now excused to return tomorrow.

REP. APOSTOL. Thank you.

THE PRESIDING OFFICER. Two o’clock tomorrow, Madam Witness.

THE TRIAL WAS SUSPENDED AT 7:24 P.M.