Estrada Impeachment Dec. 19, 2000 (PM) Transcripts

DECEMBER 19, 2000
AFTERNOON HEARING

AT 2:05 P.M., THE HONORABLE CHIEF JUSTICE, HILARIO G. DAVIDE, JR., PRESIDING OFFICER, CALLED THE RESUMPTION OF THE IMPEACHMENT TRIAL TO ORDER.

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

THE PRESIDING OFFICER [CHIEF JUSTICE DAVIDE]. The impeachment trial of His Excellency, the President of the Republic of the Philippines, is now ordered resumed.

We shall be led in prayer by the honorable Senator-Judge Juan Ponce Enrile.

PRAYER

SEN. ENRILE. Please bow your heads and let us place ourselves in the presence of the Lord.

Dear God,

You who are the Creator of all things,

The EternalTree of love and compassion,

The source of all progress and hope

The well of absolute knowledge and the dispenser of true justice,

We wish to offer You our work here in the Senate

As part of our desire to build a nation made from Your image

Rich in empathy, far from despair

Always questing for answers

Never lacking in fairness and equity.

Help us, guide us, lead us to the path

that will best answer our prayers

In times of plenty remind us that material things like love

have meaning only when shared in times of crisis;

Bless us with instincts of good parents so that we could see beyond our personal needs and focus on the common good;

Teach us not to be afraid of the uncertain future

for as long as You are there we know we will be all right;

For as long as we resolve things in the furtherance of Your will, truth will prevail.

As Christmas day draws near shelter us

into the warmth of Your embrace;

May we in this Chamber echo the gesture to each one

as we go about doing our work not as a forced platitude

but a sincere effort to heal relationships, to renew ties and

to find peace in ourselves.

All this we ask, through the mighty Name of Your Son,

Jesus Christ our Lord.

Amen.

THE PRESIDING OFFICER. Thank you. Please be all seated.

The Sergeant at Arms may make now the proclamation.

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

THE PRESIDING OFFICER. The Majority Leader.

THE JOURNAL

THE MAJORITY LEADER [SEN. TATAD]. Mr. Chief Justice, I move that we dispense with the reading of the Journal of this Impeachment Court of Thursday, 14th 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 Secretary will please call the case before the Impeachment Court .

THE SECRETARY. In the matter of the 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. MARTINEZ. Your Honor, Mr. Presiding Justice, the honorable Senate, I would want and I wish to be recognized.

THE PRESIDING OFFICER. Prosecutor Martinez is recognized.

REP. MARTINEZ. Over the weekend, I was in Cebu attending to my constituents and yesterday I thought that my absence would have been obscure. I asked permission from my colleagues in Team No. 4 who is attending to the fourth Article of Impeachment. I had to see my dentist and I had to do some bank transactions which could not be done on weekends. However, Your Honors, I realized that I was being paged for and this was by reason of a motion filed by the honorable Senator-Judge Oreta, along with her colleagues, Senator-Judge Osmeña and Senator-Judge Enrile.

Now, I wasn’t quite aware of it at the beginning but there had been so many calls and I tried to catch on to find out just what was the substance and the nature of the accusation hurled against me. And I found out, Your Honors, that it was in relation to an article printed yesterday by the Inquirer. So, I tried last night to get a copy. I came very late because the plane I took had technical problems and I had to move on to another plane and which, in effect, brought me to Manila at about eleven o’clock in the evening.

Now, I was able to get a copy and I realized and I found out that the particular portion which is quoted here says in paragraph No. 1, in the 18th December 2000 issue of the Philippine Daily Inquirer under the caption, “Sonny O won’t question the video ruling to open bank documents,” found on pages 1 and 20 of the said newspaper. Rep. 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.”

A copy of the subject news article is hereto attached as Annex “A” and made an integral part thereof.

Now, let me go, Your Honors, to Annex “A” of the said motion filed by…

THE PRESIDING OFFICER. With the permission of the honorable Prosecutor Martinez, the motion to cite Your Honor for contempt has been duly filed yesterday and the Chair ruled yesterday that it be included in the agenda for this afternoon’s trial.

REP. MARTINEZ. Let me get into that later, Your Honor. If you will allow me a few minutes, I just want to mention substantial…

THE PRESIDING OFFICER. You may proceed.

REP. MARTINEZ. Thank you.

If you are going to go to Annex “A-1” of the said annex, you will notice on the second column, it says here on the fourth paragraph:

His cousin Senator-Judge Serge Osmeña III said three to four pro-Estrada senators allegedly met with lawyers of the President in Malacañang on Saturday purportedly to discuss the implications of challenging Davide’s decision.

Serge Osmeña said he received a report that the pro-Estrada senators and the Defense panel in the impeachment trial of the President often meet. He, however, refused to identify his colleagues because it would be unethical. He said he was supporting Davide’s ruling. If he, Estrada, has done nothing wrong, why should he be afraid?

Now, we come to that particular paragraph in reference to my so-called interview, and it states here:

Cebu Rep. 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 they will use during the impeachment proceedings.” She identified these Senator-Judges as John Osmeña, Tessie Aquino-Oreta and Juan Ponce Enrile. But Martinez said, “John Osmeña and Oreta were not competent to discuss what would be the strategies in the proceedings because both were not lawyers. Enrile is better because he is a lawyer,” she added. Martinez warned that the prosecution…

Well, anyway, that would not be relevant anymore.

Your Honors, when I was interviewed–and the document will speak for itself, which is even made an annex to this motion–I think it should not be taken out of its context. If we talk of fairness, then let fairness prevail. When I said this, I was saying this because I wanted to confirm what I heard. I wonder…

THE SENATE PRESIDENT. Mr. Chief Justice. excuse me.

THE PRESIDING OFFICER. With the permission of the honorable Prosecutor Martinez. What is the pleasure of the Senate President?

THE SENATE PRESIDENT. Mr. Presiding Officer, Mr. Chief Justice, it looks like Prosecutor Martinez is already offering a defense to the motion to cite her for contempt, and I think that it might be better if we heard her at the proper time, meaning to say, sometime later this afternoon. Because we have witnesses to examine, I think we are going to disrupt the proceedings here unnecessarily. Because you will have a time to reply, Ms. Martinez.

REP. MARTINEZ. I agree to that, Your Honors. But let me just wind up because this is a preliminary statement to what I am going to manifest before this Court this afternoon. Now, let me just…

THE SENATE PRESIDENT. Excuse me, but–I am very sorry, Mr. Chief Justice. Because if we allow this kind of a procedure, there will be no end, there will be no system that we are following. And that is why I am appealing to you, Your Honor, to kindly do your thing at the time when we will discuss this motion to cite you for contempt which will be sometime this afternoon.

THE PRESIDING OFFICER. That was the reason earlier why the Presiding Officer had called the attention of the Prosecutor that there is an item in the agenda for this afternoon regarding the motion to cite Your Honor in contempt. So I think that would be the more appropriate stage when probably a manifestation may be made in relation to a ruling by the Chair on the motion to cite Her Honor in contempt.

REP. MARTINEZ. That being so, Your Honor, let me just make one statement. In closing, I would say that if we are going to talk of a contempt, then we should abide with Rule 71, Section 3 thereof, that it should be a proper charge and a proper hearing. So on the basis of a motion, it cannot prosper.

THE PRESIDING OFFICER. That is correct. As a matter of fact, the ruling will have to be based on Section 3 of Rule 71 of the Rules of Court on indirect contempt, and the Court will take the necessary and appropriate proceeding in relation thereto.

REP. MARTINEZ. Thank you, Your Honors.

THE PRESIDING OFFICER. The Majority Leader.

THE MAJORITY LEADER. Nasaan na tayo? Mr. Chief Justice, I move that we dispense with the reading of the Journal…

THE PRESIDING OFFICER. That was done already. Probably, the appearances of counsel.

THE MAJORITY LEADER. May I now invite the parties to this impeachment trial to enter their appearance.

THE PRESIDING OFFICER. The parties are so directed.

REP. APOSTOL. The same appearance for the Prosecutors, Your Honors.

MR. MENDOZA. The same appearance for the Defense, Your Honors.

THE PRESIDING OFFICER. Also in the agenda are the following–before we go into the trial on the merits proper.

The first is consideration of pending issues. 1) As indicated in the calendar on the matter of the Order of the Chief Justice of December 15, 2000 which, inter alia, directed the opening of the sealed envelope containing documents pursuant to the subpoena duces tecum issued on 06 December 2000.

The agreement yesterday was that the Defense, if it chooses to file a motion to reconsider, must file a motion to reconsider on the basis of the Extended Order. And in the event that there are concurring opinions which any member of the Impeachment Court will submit, the Defense may also opt to file a comment or a reply to the concurring opinion. Up to this moment, the Chair has not been given a copy of any motion to reconsider the Extended Order from the Defense. Mr. Mendoza.

MR. MENDOZA. Your Honor, we were given 24 hours and we will do that within 24 hours. We are ready to file the Motion For Reconsideration now.

THE PRESIDING OFFICER. So we will have to defer action. We will make as the last item in this afternoon’s agenda.

MR. MENDOZA. We will file it shortly, Your Honors.

THE PRESIDING OFFICER. Thank you very much.

The second…by the way, also just for the record in connection with that, the Chair was furnished copies of the following concurring opinion of the Senate President, the honorable Senate President-Judge Aquilino Q. Pimentel Jr., which is a full concurring opinion and the concurring opinion with reservation filed by Her Honor, Senator-Judge Miriam Defensor Santiago.

The second item for consideration is the Motion To Cite the Honorable Representative Clavel Asas-Martinez For Contempt. This has been, in fact, alluded to earlier by the Honorable Asas-Martinez.

The ruling of the Chair here, because this was officially filed already, would be as follows:

The Court notes the motion. And the Honorable Asas-Martinez is hereby directed to show cause within five days from notice of this Order why she should not be cited in contempt at the Impeachment Court under Section 3 of Rule 71 of the Rules of Court. And more specifically, for an improper conduct tending, directly or indirectly, to impede, obstruct, or degrade the administration of justice and for a misbehavior as an officer of the Court.

You will have five days within which to file your compliance on the show-cause order.

REP. MARTINEZ. Your Honors, may I just inquire. As I stated earlier, that is a motion.

THE PRESIDING OFFICER. That is correct.

REP. MARTINEZ. I would contend, Your Honor, that it should be a proper charge. Because indirect contempt is criminal in nature, being punitive.

THE PRESIDING OFFICER. That is correct, Your Honor.

REP. MARTINEZ. And so I would insist that a proper charge be made and I be given the time to answer and, henceforth, to have a proper hearing.

THE PRESIDING OFFICER. It is merely to show cause here. Because if you’d be able to show cause very well and it would be acceptable to the Court, there will be no complaint against you for indirect contempt.

REP. MARTINEZ. If that is the explanation of the Court, then I submit, Your Honor.

THE PRESIDING OFFICER. We are only following Section 3 of Rule 71 of the Rules of Court which has been adopted in a suppletory character to Resolution No. 68 of the Senate as an Impeachment Court.

The five-day period would begin only upon your receipt of the Order, Your Honor. It is not from this very hour. But the Secretary is directed, however, to facilitate the expeditious transcription of the stenographic notes of the Order, as stated, and to release the Order together with a copy of the motion.

REP. MARTINEZ. Thank you, Your Honor.

THE PRESIDING OFFICER. Then we shall now proceed to the trial proper.

THE MAJORITY LEADER. Mr. Chief Justice.

THE PRESIDING OFFICER. The Majority Leader.

THE MAJORITY LEADER. We are now ready to resume the presentation of witnesses. The direct examination of witness Annie Ngo was concluded yesterday. The Defense may wish to call her to the witness stand for the cross-examination under the same oath.

THE PRESIDING OFFICER. Witness Annie Ngo is directed

to be brought back to the witness stand for cross-examination, if

there is any.

An officer of the Impeachment Court should fetch the witness from the holding room.

REP. MORENO. Mr. Chief Justice.

THE PRESIDING OFFICER. The honorable Prosecutor Moreno.

REP. MORENO. Mr. Chief Justice, I would like to manifest that we have already filed the Summary of Offer Testimony on Exhibits on Prosecution witness Annie Ngo consisting of 8 pages, Your Honors, copies of which were distributed to the Defense panel and to all the members of the Impeachment Court and also, of course, the Presiding Officer, together with the annexes earlier marked as exhibits.

THE PRESIDING OFFICER. The Presiding Officer has obtained copies of the Summary of Offer Testimony on Exhibits of the witness.

MR. DAZA. Your Honor.

THE PRESIDING OFFICER. The honorable Attorney Daza.

MR. DAZA. The Defense confirms receipt of a copy of the summary at about 12:30 this noon.

THE PRESIDING OFFICER. And so?

MR. DAZA. And under the agreement that we had yesterday, we have equal time counted from yesterday. And I reckon it is about 18 hours from yesterday to file our counter-summary if we see fit to do so. And that will be until tomorrow morning.

THE PRESIDING OFFICER. Would it be all right with you if you reserve the submission of a counter-summary and to begin now the cross-examination, if you have any?

MR. DAZA. Yes. Precisely, that is what we intend to do, Your Honor.

THE PRESIDING OFFICER. I think that will be a happy compromise. You will be given the time that you had agreed upon within which to submit the counter-summary but you have to start your cross- examination of the witness now. Where is the witness?

MR. DAZA. That is what we intend to do, Your Honor.

THE PRESIDING OFFICER. Your intention is granted. We will have the witness now.

MR. DAZA. Thank you very much, Your Honor.

THE PRESIDING OFFICER. Where is the witness? Summon the witness.

REP. APOSTOL. The witness is being summoned by the court official.

THE PRESIDING OFFICER. The witness should pass that door there, that entrance.

MS. NGO. Good afternoon, Your Honor.

THE PRESIDING OFFICER. Madam Witness, you will be on cross-examination and you will testify under the same oath.

MS. NGO. Yes, Your Honor.

THE SENATE PRESIDENT. Before the cross-examination,

Mr. Chief Justice, may I just ask. How do you pronounce you last name?

MS. NGO. Ngo, Your Honor.

THE SENATE PRESIDENT. Thank you.

THE PRESIDING OFFICER. So, Madam Ngo, you have to submit yourself now to the cross-examination of lady Defense Counsel, Atty. Verzola.

MS. NGO. Yes, Your Honor.

MS. VERZOLA. With the permission of the honorable Court.

THE PRESIDING OFFICER. Permission is granted.

MS. VERZOLA. Mrs.?

MS. NGO. Miss, Your Honor.

MS. VERZOLA. Ms. Ngo, you said you are First Vice President of the Equitable Bank at present.

MS. NGO. Yes, Your Honor.

MS. VERZOLA. Before you were appointed as such, what was your previous position?

MS. NGO. Vice President, Your Honor.

MS. VERZOLA. I see. You said when you came here yesterday that you were once a Branch Manager.

MS. NGO. Yes, Your Honor.

MS. VERZOLA. What branch?

MS. NGO. Ex-EBC Soler Branch.

MS. VERZOLA. I see. So, that branch is not one of these five branches involved in the account?

MS. NGO. No, Your Honor.

MS. VERZOLA. All right. Now, since you were never involved in these branches and you are now First Vice President of Equitable Bank, you never had an occasion to meet Yolanda Ricaforte?

MS. NGO. No, Your Honor.

MS. VERZOLA. You came to know of her existence only when you answered the subpoena issued by the Court asking for the accounts you brought yesterday.

MS. NGO. Yes, Your Honor.

MS. VERZOLA. And upon receipt of this subpoena, you asked certain subordinates in the bank to prepare the documents required?

MS. NGO. Yes, Your Honor.

MS. VERZOLA. You were not the one who prepared these documents?

MS. NGO. No, Your Honor.

MS. VERZOLA. Since you have never met Yolanda Ricaforte, you are not also familiar with her signature, is it not?

MS. NGO. My familiarity….

MS. VERZOLA. Personally. You are not personally familiar with her signature?

MS. NGO. No, Your Honor. But then, Your Honor, may I be permitted to answer.

MS. VERZOLA. I will ask you further questions, if I desire.

MS. NGO. Yes, Your Honor. I am sorry.

MS. VERZOLA. Now, since you were not familiar with her signature, neither have you known Yolanda Ricaforte, you cannot come here and state that the Yolanda Ricaforte who opened the branch in Timog, Scout Tobias is the same Yolanda Ricaforte who opened the branch in Diliman, Matalino branch, and the same Yolanda Ricaforte who opened the Pedro Gil, Robinsons branch, the same Yolanda Ricaforte who opened T.M. Kalaw, Luneta branch, the same Yolanda Ricaforte who opened Quezon City Avenue, Scout Albano branch and the same Yolanda Ricaforte who opened the Isadora Hills branch of Equitable Savings Bank. You do not know that.

MS. NGO. On the contrary, Your Honor, based on my astute perusal of the specimen signature card submitted by the six branches,

I can very well verify that the signatures appearing on all the six signature cards are one and the same. And what was also written on the specimen signature card is the valid I.D. submitted by Ms. Yolanda Ricaforte, and this is a California Driver’s License No. A 9151277.

MS. VERZOLA. Thank you, Ms. Witness.

MS. NGO. Thank you, Your Honor.

MS. VERZOLA. Now, since you were only perusing astutely the records, I am asking you, please listen to the terms I am using, you have no personal knowledge of the opening of these accounts despite your astute perusal of the records?

MS. NGO. No, Your Honor.

MS. VERZOLA. Thank you.

MS. NGO. Thank you.

THE PRESIDING OFFICER. Is that all for the cross-examination?

MS. VERZOLA. Yes, Your Honor.

THE PRESIDING OFFICER. You are resting the cross-examination?

MS. VERZOLA. I will just ask my colleague here if he has other questions, Your Honor.

THE PRESIDING OFFICER. How much time would you need for that purpose?

MS. VERZOLA. I understand they have no more questions, Your Honor.

THE PRESIDING OFFICER. No more question.

MS. VERZOLA. Yes, your Honor.

THE PRESIDING OFFICER. So the cross-examination is terminated. May we recognize the honorable Senator-Judge Guingona and after that the honorable Senator-Judge Drilon and the honorable Judge….in the order.

SEN. DRILON. Just a manifestation.

THE PRESIDING OFFICER. Pardon?

SEN. DRILON. Just for an orderly proceeding. Our agreement, Mr. Chief Justice, if you recall, is that all the…or the lawyers will be allowed to finish their examination of the witness, both for the Prosecution and the Defense, before the senators would avail themselves of the two-minute rule.

THE PRESIDING OFFICER. I think the cross-examination was terminated already.

SEN. DRILON. The Counsel for the Prosecution may have some redirect.

THE PRESIDING OFFICER. I see. Okay. So following that agreement then, we will inquire from the Prosecution if there is any redirect.

REP. MORENO. No more redirect, Your Honor.

THE PRESIDING OFFICER. There being none, then it should be the turn already of the honorable members of the Impeachment Court. Earlier, the Chair had recognized the honorable Senator-Judge Guingona. After that, the honorable Judge-Senator Drilon. Then, the honorable Senator-Judge Biazon. The honorable Senator-Judge Leviste. And, finally, the honorable….not yet finally, the honorable Senator-Judge Cayetano. And, finally, the honorable Judge Miriam Defensor Santiago.

So now, it is your turn, honorable Senator-Judge Guingona.

SEN. GUINGONA. Thank you, Mr. Chief Justice. Ms. Ngo–

MS. NGO. Yes, Your Honor.

SEN. GUINGONA. –you stated that you opened, I mean, Yolanda T. Ricaforte had six accounts in your bank, is that correct?

MS. NGO. Yes, Your Honor.

SEN. GUINGONA. And this totalled P207 million plus interest. About P212 million. Is that correct?

MS. NGO. Yes, Your Honor. That is correct.

SEN. GUINGONA. And most of these funds were checks drawn by Governor Singson. Is that correct?

MS. NGO. Most of…Ah, the checks that were deposited were drawn and issued by Governor Luis Singson, Your Honor.

SEN. GUINGONA. And Governor Singson did not have any authority to withdraw from those funds. Did he?

MS. NGO. No, Your Honor. The checks that were issued by Governor Luis Singson were deposited in the account of Yolanda T. Ricaforte in the six various branches that I mentioned yesterday.

SEN. GUINGONA. And at no instance did Governor Singson withdraw.

MS. NGO. No, Your Honor.

SEN. GUINGONA. Thank you. Less than two minutes, Your Honor.

THE PRESIDING OFFICER. Yes, thank you very much. Before we go to the honorable Judge Drilon, just for the information of all concerned, the Defense, the Prosecution and the public, the honorable senators had agreed already that in the availment of the two-minute rule, they have decided to ask questions only after the termination of the examination by the Prosecution, the Defense, back to the Prosecution, if there is any redirect. So, we will be able to monitor exactly the expiration of the two minutes for each.

So, now, the honorable Senator-Judge Drilon.

SEN. DRILON. Madam witness…

MS. NGO. Yes, Your Honor.

SEN. DRILON. In the course of the direct examination of Prosecutor Oscar Moreno, you identified the signature cards.

MS. NGO. Yes, Your Honor.

SEN. DRILON. Again, can you tell us how you were able to identify these signature cards? Is this part of the records of the bank?

MS. NGO. Yes. On the specimen signature card, if you will notice on the lower left portion of the specimen signature card, are the words “signature authenticated by.” And on the lower right portion of the specimen signature card are the words “approved by.” Which means to say that the signature, specimen signatures affixed on the specimen signature cards were authenticated by a branch personnel. It could be a new accounts clerk or it could be an operations officer. And after checking, if all the data indicated on the specimen signature card are authentic, and if they really jibe with what was indicated on the valid IDs presented to the bank prior to the opening of the account, the officer then affix his or her signature on the “approved by” portion.

SEN. DRILON. And all of those procedures were followed.

MS. NGO. They were followed, Sir.

SEN. DRILON. In all of the signature cards presented.

MS. NGO. In all of the signature cards presented. Yes, Your Honor.

SEN. DRILON. And all of these signature cards are official records of your bank.

MS. NGO. Yes, Your Honor.

SEN. DRILON. Now, in the ordinary course, would the officer require some identification card?

MS. NGO. Yes. For a walk-in client like Ms. Yolanda T. Ricaforte, what was required of her is to submit what we would classify as a valid or acceptable ID.

SEN. DRILON. And in the case of Ms. Ricaforte, what was this valid ID?

MS. NGO. She presented a California driver’s license and the number is A915277.

SEN. DRILON. A California driver’s license…

MS. NGO. 9151277.

SEN. DRILON. Is a copy of the California driver’s license retained on the file, if I may ask?

MS. NGO. Unfortunately, the branch personnel did not retain a xerox copy because she was not required to. What was required of her is to compare the signature appearing on the ID submitted and to compare this with the signature affixed on the specimen signature card. And if the comparison jibes, then she will allow the opening of that particular account.

SEN. DRILON. And in the case of Yolanda Ricaforte, this procedure was followed?

MS. NGO. Yes, Your Honor.

SEN. DRILON. That is all for the witness. Thank you.

MS. NGO. Thank you, Your Honor.

THE PRESIDING OFFICER. The Chair recognizes the honorable Senator-Judge Biazon.

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

Ms. Ngo, in your testimony during the direct examination yesterday by the prosecution, there was a mention of microfilming some of the documents.

MS. NGO. Yes, Your Honor.

SEN. BIAZON. The microfilming of documents, is this a standard operating procedure in the bank?

MS. NGO. Yes, Your Honor, it is a standard operating procedure wherein all the checks that were deposited by all the bank clients are being microfilmed not only at the branch level, but these are also being microfilmed at the Philippine Clearing House Corporation, Your Honor.

SEN. BIAZON. But you also mentioned yesterday that one of the documents that was supposed to be microfilmed, the microfilm is not available for the reason that there was an overexposure of the film?

MS. NGO. Yes, the microfilm copy was available, except when we were developing that particular frame in which the check was inserted or in which the check appeared, that particular roll of film was overexposed. So what came out was a blurred photocopy of the microfilmed copy, and what the bank did, what our central clearing department did was to request for a retrieval of a microfilm copy at the Philippine Clearing House Corporation.

SEN. BIAZON. How often do the occurrences of overexposure happen in your bank of microfilms?

MS. NGO. Probably five percent.

SEN. BIAZON. Five percent?

MS. NGO. Yes, Your Honor.

SEN. BIAZON. And would you still have this spool, because I understand that in a day’s transactions, you have a spool for the day’s transactions?

MS. NGO. Yes, Your Honor, we do. We can present that.

SEN. BIAZON. Will this spool be still available?

MS. NGO. Yes, Your Honor, these are dated.

SEN. BIAZON. Now, if ask to present this spool, will you be able to present this?

MS. NGO. We will be able to present it, Your Honor.

SEN. BIAZON. And so my last question would be: The overexposure, is it for the whole spool or specific segment of the spool?

MS. NGO. It will be for the whole spool.

SEN. BIAZON. For the whole spool?

MS. NGO. Yes, Your Honor.

SEN. BIAZON. Thank you, Your Honor.

THE PRESIDING OFFICER. Thank you. The Chair recognizes the honorable Judge Leviste.

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

Madam Witness, you earlier mentioned to Senator-Judge Franklin Drilon that Ms. Yolanda Ricaforte had opened an account with her ID of her California driver’s license, is that correct?

MS. NGO. Yes, Your Honor.

SEN. LEVISTE. And you also mentioned that she did not leave it but the person in charge at the bank just compared the signature and her signature in the deposit slip?

MS. NGO. Yes, Your Honor.

SEN. LEVISTE. Is it not a usual bank procedure that the IDs and photos are left along with the specimen signature card?

MS. NGO. No, Your Honor, it is not a standard operating procedure.

SEN. LEVISTE. It is not?

MS. NGO. It is not for all banks.

SEN. LEVISTE. What form of identification had been left in your bank for Ms. Yolanda Ricaforte?

MS. NGO. None, Your Honor. What was indicated in the specimen signature card are the numbers of the ID presented to the branch personnel when an account is being opened.

SEN. LEVISTE. So the person who would have personal knowledge of Ms. Ricaforte would be the person or officer who took charge of her application, is that correct?

MS. NGO. That is correct, Your Honor.

SEN. LEVISTE. And based on the records which you had studied in the bank, the six bank accounts belong to one, only one and the same Yolanda Ricaforte?

MS. NGO. Yes, Your Honor.

SEN. LEVISTE. That is all. Thank you.

MS. NGO. Thank you, Your Honor.

THE PRESIDING OFFICER. Thank you. Then the Presiding Officer will now recognize the honorable Judge Cayetano.

SEN. CAYETANO. Ms. Ngo, good afternoon.

MS. NGO. Yes, Your Honor.

SEN. CAYETANO. Bilang head ng Western….

MS. NGO. Metro division.

SEN. CAYETANO. Yes, and having been with the bank for some time, iyon bang isang depositor na kagaya ni Mrs. Ricaforte o kung sino man na nakatira sa Quezon City at nag-open ng several accounts sa different branches ng Equitable, iyan ba ay pangkaraniwang nangyayari o pambihirang nangyayari?

MS. NGO. In this case, it is not really common. But then, we have to take into consideration that the office address given by Ms. Yolanda T. Ricaforte is reflected as Manila Midtown Hotel. So she opened accounts with our branches which are located in that area, specifically Pedro Gil, Robinsons and our Luneta branch. And since her residence is in No. 25 Freedom Avenue which is located in Quezon City, she opened four other accounts within the Quezon City area. So I think it is not uncommon for a client to open various accounts with various branches, considering that her residence is located in another area and her office is located in another area, Your Honor.

SEN. CAYETANO. Hindi ba pag nag-o-open kayo ng current account, mayroon kayong tinatawag na parang credit investigation?

MS. NGO. Yes, Your Honor.

SEN. CAYETANO. Dito sa napansin kong Exhibit “LLL-6B”, parang ito iyong customer credit information.

MS. NGO. The individual account record, Your Honor.

SEN. CAYETANO. Yes, yes.

MS. NGO. Yes.

SEN. CAYETANO. Napansin ko rito, iyong business address wala; employer, wala; occupation, wala; position, wala. Kataka-taka ba iyan o talagang nangyayari iyan sa Equitable PCI Bank?

MS. NGO. There are some clients who would not divulge the employer’s name or the office address, but I think that is only limited to one branch, Your Honor. But in other branches, I think that was also indicated in the specimen signature card.

SEN. CAYETANO. Hindi yata totoo iyan, Ms. Ngo, dahil pinag-aralan kong lahat iyong individual account record, wala akong nakita. Anyway, matatapos na iyong dalawang minuto ko.

Bakit ho tinanggap iyong ID na California driver’s license samantalang Pilipino naman siya?

MS. NGO. I think a driver’s licence is an acceptable ID in our bank. And if a walk-in client wants to make a substantial cash deposit and she could present a valid ID and the signature compares favorably with that on the ID then, usually the branch personnel and the branch officer will allow the opening of such account, considering that they also have a budget to keep.

SEN. CAYETANO. Sa laki ng account at sa dami ng account, bakit wala akong napansin dito na parang references ng mga tao o kung sinuman iyong nagrekomenda sa kanya?

MS. NGO. I think she was not referred by anyone when she opened the account with the six bank branches. Had she been referred by anyone, that information would have been indicated in the specimen signature card, Your Honor.

SEN. CAYETANO. Kahit na isang mataas na opisyal ng Equitable Bank?

MS. NGO. Yes. It would have been indicated in the specimen signature card, Your Honor.

SEN. CAYETANO. Dito sa mga tsekeng winidro, wala yatang indorsement sa likod.

MS. NGO. Which particular check, Your Honor?

SEN. CAYETANO. Iyong cashier’s check na anim na pagkatapos ay ini-negotiate.

MS. NGO. I would have no idea, Your Honor.

SEN. CAYETANO. Salamat po, tapos na ang aking dalawang minuto.

MS. NGO. Thank you, Your Honor.

THE PRESIDING OFFICER. Thank you.

We now recognize her honor, Senator-Judge Miriam Defensor Santiago.

SEN. DEFENSOR SANTIAGO. Ms. Witness, yesterday, for virtually the entire length of the session, you identified and authenticated voluminous documents, and I must say, in exemplary fashion, exhibiting a commendable state of preparedness.

MS. NGO. Thank you.

SEN. DEFENSOR SANTIAGO. I was highly impressed with your conduct and demeanor on the witness stand sometimes reciting from memory, outright, virtual, and accurate names of bank accounts, amounts deposited, amounts withdrawn, et cetera. For emphasis and just as a summary, can you please repeat to me what are the names of the personalities who are involved or were involved in all of these transactions that you testified to?

MS. NGO. First, I would like to thank you for your compliment. The account holder of the six various branches is none other than Ms. Yolanda T. Ricaforte, Your Honor.

SEN. DEFENSOR SANTIAGO. Was there any other personality involved when you were going through these bank documents apart from Yolanda Ricaforte?

MS. NGO. None, Your Honor.

SEN. DEFENSOR SANTIAGO. How about Governor Singson. I think you mentioned his name yesterday.

MS. NGO. His name appeared because he is the drawer of several checks that were deposited to the account of Ms. Yolanda T. Ricaforte, Your Honor.

SEN. DEENSOR SANTIAGO. So his name appeared too.

MS. NGO. Yes. His name appeared.

SEN. DEFENSOR SANTIAGO. So we have Yolanda Ricaforte, Luis Singson. And try and search your memory. Is there any other name that you may have overlooked no matter how marginal the connection was?

MS. NGO. Yes, Your Honor. Mr. William Gatchalian issued two checks drawn against PCIB in the amount of P35 million each and the check numbers are 617706 and 617707, Your Honor.

SEN. DEFENSOR SANTIAGO. You have just proved what I said earlier about your amazing memory for numbers.

So we have three names so far. We have Yolanda Ricaforte, we have Luis Singson, we have William Gatchalian. Do you need time to think about any other name? Do you think that you might have overlooked?

MS. NGO. I could not recall of any at this point, Your Honor.

SEN. DEFENSOR SANTIAGO. At this time. Of course, you can feel free to tell your lawyer if you remember other names.

So I will now ask my question: Is the name of President Joseph Ejercito Estrada connected in any way with these transactions on the basis of the records that you authenticated for the whole day yesterday?

MS. NGO. No, Your Honor.

SEN. DEFENSOR SANTIAGO. Thank you.

MS. NGO. Thank you, Your Honor.

THE PRESIDING OFFICER. Any further questions from the members of the Court?

The honorable Judge Roco. After Judge Roco, anybody else who would like to ask questions? [Silence]

SEN. ROCO. I will ask questions, Mr. Chief Justice, with your permission.

THE PRESIDING OFFICER. You might be the last already.

SEN. ROCO. Yes. Only so that we don’t drowse off.

Ms. Witness.

MS. NGO. Yes, Your Honor.

SEN. ROCO. You said you examined astutely the records. Did you notice the address of the witness?

MS. NGO. Yes, Your Honor.

SEN. ROCO. What was the address in that Timog, Scout Tobias branch?

MS. NGO. It’s No. 25 Freedom Avenue.

SEN. ROCO. What was the address in Diliman, Matalino?

MS. NGO. It’s also the same.

SEN. ROCO. No. 25.

MS. NGO. Freedom Avenue.

SEN. ROCO. Freedom Avenue.

MS. NGO. Yes.

SEN. ROCO. What was the address in Pedro Gil, Robinson’s?

MS. NGO. It’s also the same.

SEN. ROCO. What was the address in T.M. Kalaw?

MS. NGO. It’s also the same, Your Honor.

SEN. ROCO. No. 25 Freedom Avenue.

MS. NGO. No. 25 Freedom Avenue.

SEN. ROCO. And what was the address in Quezon Avenue, Scout Albano?

MS. NGO. It’s also the same, Your Honor.

SEN. ROCO. So you could not reach the conclusion that the person, Yolanda Ricaforte, were five different persons living in the same address, hindi ba?

MS. NGO. Yes, Your Honor.

SEN. ROCO. Hindi naman siguro limang tao ang parehong pangalan ang nakatira sa parehong address pagkatapos your conclusion is iba ano?

MS. NGO. Yes, Your Honor.

SEN. ROCO. How about the signatures. Did you look at them?

MS. NGO. Yes, Your Honor.

SEN. ROCO. Are you a trained person in looking at signatures?

MS. NGO. Yes, Your Honor. I attended several seminars, signature verification seminars, at our Central Bank.

SEN. ROCO. Yes, I went through the exhibits as well. Did you notice any difference between the signature when they opened an account in Timog?

MS. NGO. It’s all the same, Your Honor.

SEN. ROCO. Diliman?

MS. NGO. It’s the same signature, Your Honor.

SEN. ROCO. Same signature. Pedro Gil?

MS. NGO. The same signature, Your Honor.

SEN. ROCO. T.M. Kalaw?

MS. NGO. The same signature.

SEN. ROCO. Quezon Avenue?

MS. NGO. It’s the same signature, Your Honor.

SEN. ROCO. How about the telephone numbers?

MS. NGO. It’s also the same.

SEN. ROCO. So it seemed logical for you to reach the conclusion that they are one and the same person?

MS. NGO. Yes, Your Honor.

SEN. ROCO. I guess that is all.

THE PRESIDING OFFICER. Nothing further?

SEN. ROCO. Yes. Thank you, Mr. Chief Justice.

MS. NGO. Thank you, Your Honor.

THE PRESIDING OFFICER. Not yet. I am trying to look around if there are some members of the Court who would like to ask questions.

The honorable Senator Judge Enrile.

SEN. ENRILE. Ginoong Chief Justice, puwede bang pahintulutan akong magtanong ng isang tanong lamang?

THE PRESIDING OFFICER. Granted.

MS. NGO. Yes, Your Honor.

SEN. ENRILE. Base doon sa mga dokumento na i-prinesenta ng Prosecution sa ilalim ng inyong deklarasyon, masasabi ba ninyo na

iyong mga pera na dineposito ay pera ni Chavit Singson o pera ni Yolanda Ricaforte?

MS. NGO. A client who opened an account and deposited various check deposits to his account would mean to say that the funds deposited under that particular account belongs to the account holder which is none other than Ms. Yolanda T. Ricaforte.

SEN. ENRILE. Pero maaari rin na pera noong nag-issue ng tseke?

MS. NGO. It is possible, Your Honor.

SEN. ENRILE. Salamat.

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

MS. NGO. Thank you very much, Your Honor.

THE PRESIDING OFFICER. Next witness for the Prosecution.

REP. APOSTOL. Our next witness is Edelquinn Nantes. She is the branch manager of Timog, Scout Tobias Branch, Equitable PCI Bank.

THE PRESIDING OFFICER. Call the witness.

REP. APOSTOL. Examining counsel is Congressman Oscar Moreno, assisting counsel is Atty. Joey Peñafrancia, private prosecutor.

THE PRESIDING OFFICER. And for the Defense, who will be the cross-examining counsel and the assisting counsel?

MR. MENDOZA. Cross-examining counsel will be Atty. Jose Flaminiano, assisting counsel will be Atty. Cleofe Verzola, Your Honor.

THE PRESIDING OFFICER. Thank you.

Prosecutor Moreno, the witness will be identifying documents?

REP. MORENO. Yes, Your Honor.

THE PRESIDING OFFICER. And have these documents been premarked already?

REP. MORENO. From the documents which had earlier been premarked yesterday, Your Honor.

THE PRESIDING OFFICER. So, no new documents?

REP. MORENO. That’s right, Your Honor.

THE PRESIDING OFFICER. Only identification of documents already presented yesterday and testified on by a witness?

REP. MORENO. That’s right, Your Honor, to simplify because there are here six branches, 31 accounts.

THE PRESIDING OFFICER. So, this should be one branch?

REP. MORENO. This is one branch and we will be limiting our testimony, Your Honor, to the circumstances under which these accounts were opened.

THE PRESIDING OFFICER. Administer the oath to the witness, Mr. Secretary. Please rise.

THE SENATE SECRETARY (MR. LUTGARDO BARBO). You, Edelquinn Nantes, 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. NANTES. I do.

THE SENATE SECRETARY. Please sit down.

THE PRESIDING OFFICER. Take your seat, Madam Witness. Prosecutor Moreno, qualify your witness.

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

Ms. Nantes, pakisabi po ng pangalan and ‘yong mga personal circumstances ninyo.

MS. NANTES. I am Edelquinn Nantes, 42 years old, married, residing at 35 Scout Fuentebella St., Quezon City.

REP. MORENO. Your Honors please, we’re presenting Ms. Nantes for the purpose of proving the circumstances under which the account with Timog, Scout Tobias Branch of Equitable PCI Bank was opened by Mrs. Yolanda T. Ricaforte, as well as the discussions between Mrs. Nantes and Mrs. Ricarforte in respect of these accounts, including the purchase of the cashier’s checks and the receipt by Mrs. Ricaforte of the cashier’s checks payable to cash, Your Honor.

THE PRESIDING OFFICER. You have now the witness.

REP. MORENO. Mrs. Nantes, ikaw po’y manager ng Timog, Scout Tobias Branch. Ilang taon na ho kayong naging manager ng branch na ‘yan?

MS. NANTES. Seven years na po, Your Honor.

REP. MORENO. And ilang taon na kayo sa bangko, Mrs. Nantes?

MS. NANTES. I have been with the bank for 22 years, Your Honor.

REP. MORENO. Si Mrs. Yolanda Ricaforte eh kilala mo ba?

MS. NANTES. Yes, Your Honor, when she opened the account.

REP. MORENO. Kailan po ‘yan?

MS. NANTES. That was last September 1, 1999.

REP. MORENO. And pakisabi lang po, anong nangyari noong nag-open si Mrs. Yolanda Ricaforte sa branch ninyo?

MS. NANTES. Ah, sinunod ko po ‘yong bank policies wherein I asked questions on matters that the bank needs.

REP. MORENO. Ano ho ‘yong policy na ‘yan, anong ginawa? May pinirmahan bang…?

MS. NANTES. I requested her to sign the signature cards, the current and savings account forms, the authority to debit, the required forms of the bank in opening an account.

REP. MORENO. I am showing to you Exhibit LLL-2-B and LLL-2-B-1. Pakisabi po sa Korte kung ano itong dokumento na ito?

THE PRESIDING OFFICER. Are you showing the original of the document?

REP. MORENO. I am sorry, Your Honor, it’s a photocopy of… which was earlier premarked, Your Honor.

THE PRESIDING OFFICER. I understand you have the original documents. Show the original to the witness. She should be testifying on the original documents as marked.

REP. MORENO. Ito po ay may tatlong…

THE PRESIDING OFFICER. The assisting prosecutor may assist Prosecutor Moreno to expedite and facilitate the withdrawal of the exhibits from the folders of exhibits.

REP. MORENO. Mrs. Nantes, ipapakita ko po sa ‘yo ang tatlong specimen signature cards. ‘Yong una would be savings account specimen signature card Account Number 0157042270. Pakisabi po ng Korte kung ano itong dokumento na ito.

MS. NANTES. Ito po ‘yong pinirmahan niyang savings signature card just to open a savings account, regular savings account.

REP. MORENO. Ito ba’y pinirmahan in your presence?

MS. NANTES. Yes, Your Honor.

REP. MORENO. Ito naman pong isang signature card Account Number 01070-06389, pakisabi po ng Korte kung ano ‘yan.

MS. NANTES. These are checking signature card to open a regular current account.

REP. MORENO. Pinirmahan ba ‘yan ni Mrs. Ricaforte in your presence?

MS. NANTES. Yes, Your Honor.

REP. MORENO. Kaninong pirma itong nasa ibaba, approved by — may pirma diyan?

MS. NANTES. Initials ko po, Your Honor.

REP. MORENO. And dito sa dorsal portion ng unang specimen signature card na ipinakita ko sa ‘yo kanina, meron din pirma, approved by. Pakisabi po kung sino’ng pumirma niyan.

MS. NANTES. Initials ko rin po, Your Honor.

REP. MORENO. And ito pong pangatlong specimen signature card Account No. 01070-06389, pakisabi po ng Korte, kung ano ‘to.

MS. NANTES. It’s the second copy of the current account opening. Second copy.

THE PRESIDING OFFICER. Yes, what’s the pleasure of the honorable Senator-Judge Drilon?

SEN. DRILON. Can we just ask the Prosecutor to refer to the exhibit number because we are finding it difficult to follow. Unless an exhibit number is mentioned, Your Honor.

THE PRESIDING OFFICER. That is correct. The observation is well-taken. The Prosecutor is advised to do that.

REP. MORENO. The last mentioned signature card, Your Honor, is Exhibit “LLL-2-B”, and the dorsal portion is “LLL-2-B-1″. And then the earlier certificate… sorry, card that I mentioned is marked, the copy is marked as Exhibit “LLL-2-C”, and the dorsal portion is “LLL-2-C-1″. And…

THE SENATE PRESIDENT. Mr. Chief Justice.

THE PRESIDING OFFICER. With the permission of the Prosecutor, the Senate President is recognized.

THE SENATE PRESIDENT. Congressman Moreno, we would like to find out how many documents are you going to present to this witness?

REP. MORENO. Dalawa lang po, yung specimen signature and then ‘yung receipt ng cashier’s check.

THE SENATE PRESIDENT. All right. Because if you have so many of the same thing, we might as well go into a stipulation.

REP. MORENO. And then itong last, ito ‘yung application for cashier’s check. Pakisabi po ng Korte… this is Exhibit

”LLL-2-RR”, Your Honor. Pakisabi po ng Korte kung ano ito?

MS. NANTES. This is an application for cashier’s check by Yolanda Ricaforte for P9l million.

REP. MORENO. Kaninong pirma itong “approved by” na nakasulat?

MS. NANTES. Initials ko po, Your Honor.

REP. MORENO. Mayroong pirma dito, signature of purchaser or authorized signatory. Kaninong pirma iyan?

MS. NANTES. Signature of Mrs. Yolanda Ricaforte.

REP. MORENO. I am showing to you a credit cashier’s check with …This is Exhibit “LLL-2-SS”, the original I am showing to you, paki-describe po ng korte kung ano ito?

MS.NANTES. This is a duplicate copy of the cashier’s check that we issued to Mrs. Yolanda Ricaforte with Check No.13064 dated April l3, 2000 for P9l million.

REP. MORENO. There is a box at the middle portion on the left side, it says, “received” at may pirma. Kanino ho ba iyang pirma na iyan?

MS. NANTES. Yes, it was received by Mrs. Yolanda Ricaforte.

REP. MORENO. Bakit mo pirma itong… Bakit mo nasabi na pirma ni Yolanda Ricaforte ito at saka ‘yung mga earlier documents that you have identified?

MS. NANTES. Because she signed the documents in my presence.

REP. MORENO. Now, Mrs. Nantes, pakisabi po kung ano’ng nangyari noong date of opening. Nagkita ho ba kayo ni Mrs. Ricaforte or did she send somebody to open the account on her behalf?

MS. NANTES. She personally opened the account with us.

REP. MORENO. Magkano ang initial deposit niya?

MS. NANTES. Initial deposit was Pl7,210,000.00.

REP. MORENO. Cash or check?

MS. NANTES. Check-a Metrobank Ayala check.

REP. MORENO. And then, was she a walk-in client or referred to you by somebody, or did she bring with her any document that would introduce her?

MS. NANTES. She was a walk-in client, Your Honor.

REP. MORENO. And then ano’ng nangyari noong pumunta

siya sa opisina ninyo?

MS. NANTES. She asked if she could talk to the manager.

REP. MORENO. And then?

MS. NANTES. And then that’s when she inquired about the opening of a checking and savings account.

REP. MORENO. Sino’ng kausap niya noon?

MS. NANTES. Ako po, Your Honor.

REP. MORENO. And then ano’ng nangyari noong nag-uusap kayo? Usually pag mayroong depositor na pumapasok, siyempre the fundamental principle is that the bank must know its depositors. Now, did you do… What efforts if any, did you do in order to establish that familiarity with the depositors?

MS. NANTES. Well, according to… As per bank policy, we have to know our clients. We have to make interview as to the banking rules, as to the information for the bank.

REP. MORENO. So ano’ng interview ang ginawa mo kay Mrs. Ricaforte, if any?

MS. NANTES. Well, I asked about her … The residence, the occupation.

REP. MORENO. And then ano’ng sinabi niya?

MS. NANTES. And she said she’s into real estate.

REP.MORENO. Ano pa, if any?

MS. NANTES. That’s all that I can recall, Your Honor.

REP. MORENO. Magkano ‘yung deposit that .. ‘yung initial deposit that she placed?

MS. NANTES. Seventeen million, two hundred ten thousand (P17,210,000) wherein five thousand pesos (P5,000) were placed, were opened for checking account and the balance with savings account.

REP. MORENO. Is this seven zero million or one seven?

MS. NANTES. One seven.

REP. MORENO. One seven million. Then what was your reaction when you received the check, personal check drawn by somebody that ..Is Governor Singson a depositor of your bank?

MS. NANTES. Yes. Pardon, Your Honor.

REP. MORENO. Is Governor Luis “Chavit’ Singson a depositor of your branch?

MS. NANTES. No, Your Honor.

REP. MORENO. So hindi mo siya kilala?

MS. NANTES. No.

REP. MORENO. So, ano’ng reaction mo when you received the check as branch manager with respect to the request for the opening of an account?

MS. NANTES. Well, I just asked the new accounts clerk to process the deposit.

REP. MORENO. Yeah. Doon sa interview ninyo, interview mo kay Mrs. Ricaforte, aside from asking her kung saan siya nakatira, ano’ng negosyo niya, ano’ng sagot niya doon sa tanong mo kung ano’ng negosyo niya?

MS. NANTES. Well, she said she’s into a real estate and a fishpond business.

REP. MORENO. Now, si Governor Singson, subsequent to that… I am sorry. Si Mrs. Ricaforte, subsequent to that opening, placed cash as well as check deposits with your branch, is that correct?

MS. NANTES. Yes, Your Honor.

REP. MORENO. Ilan hong check deposits na iyan?

MS. NANTES. There were seven checks that were deposited.

REP. MORENO. Ilan ho iyong cash deposits na iyan?

MS. NANTES. Twelve.

REP. MORENO. And in each of these deposits, sino ba ang nagdala ng mga deposito doon sa branch ninyo, whether cash…

MS. NANTES. Siya po mismo.

REP. MORENO. Sino’ng “siya”?

MS. NANTES. Si Mrs. Yolanda Ricaforte po mismo.

REP. MORENO. And in all of these instances, sino ang kausap ni Mrs. Ricaforte doon?

MS. NANTES. Ako po at saka iyong isang officer namin, Your Honor.

REP. MORENO. And what is the ranking of Mrs. Ricaforte with respect to your branch deposit levels as an individual depositor in relation to the other depositors of your branch?

MS. NANTES. During that time, Your Honor?

REP. MORENO. Yes.

MS. NANTES. She was qualified as our valued client.

REP. MORENO. And was she your largest depositor or not? Was she your largest depositor in your branch?

MS. NANTES. Yes, Your Honor.

REP. MORENO. Tinanong mo ba si Mrs. Ricaforte kung may asawa siya at saan nakatira iyong asawa niya?

MS. NANTES. Yes, Your Honor.

REP. MORENO. Ano’ng sagot niya?

MS. NANTES. Doon din po sa address na iyon, iyong ibinigay niyang address sa ano, sa signature card.

REP. MORENO. Yeah. Ano ang sagot niya tungkol sa tanong mo kung saan ang asawa niya — may trabaho ba o wala?

MS. NANTES. A businessman, Your Honor.

REP. MORENO. Kilala mo ba si Atty. Resti Ricaforte?

MS. NANTES. Nung lumabas na lang po sa ano, sa Senate Blue Ribbon.

REP. MORENO. Prior to that, kilala mo ba siya?

MS. NANTES. No, Your Honor.

REP. MORENO. Now, doon sa pagbili ng cashier’s check ni Mrs. Ricaforte, isang cashier’s check payable to cash. When the application was presented to you, what did you do?

MS. NANTES. I processed the application.

REP. MORENO. So, is it normal for your branch to issue cashier’s check? Magkano ba iyong cashier’s check na in-issue dito ng Timog-Scout Tobias Branch?

MS. NANTES. Ninety-one million pesos (P91,000,000).

REP. MORENO. So, pagbigay sa iyo ng application, you just processed the application and issued a cashier’s check. Is that correct?

MS. NANTES. Yes, Your Honor.

REP. MORENO. And even if it’s payable to cash?

MS. NANTES. Yes, Your Honor.

REP. MORENO. You did not ask any question from Mrs. Ricaforte?

MS. NANTES. Well, I asked her what she’d be doing with it.

REP. MORENO. Is it a normal practice for a bank to issue a cashier’s check payable to cash for P91,000,000 and just ask kung saan gagamitin?

MS. NANTES. Well, actually, na-mention ko po sa kanya na iyong pay to “cash” is very risky, and that’s why we asked her to sign the Deed of Undertaking.

REP. MORENO. Ano ang sagot niya noong sinabi mo na risky iyong cashier’s check na payable to cash?

MS. NANTES. Okay lang daw po.

REP. MORENO. Tinanong mo ba siya kung saan niya gagamitin?

MS. NANTES. Tinanong ko po pero ang sabi niya gagamitin lang daw po niya talaga.

REP. MORENO. Ito bang si Mrs. Ricaforte who appeared in the middle of October or thereabout in the television in various hearings of the Blue Ribbon Committee of the Senate, is that the same Yolanda Ricaforte who is your depositor?

MS. NANTES. Yes, Your Honor.

REP. MORENO. That’s all, Your Honors.

THE PRESIDING OFFICER. Cross-examination. Atty. Verzola.

MS. VERZOLA. Yes, Your Honor. With the permission of the honorable Court.

THE PRESIDING OFFICER. You may proceed.

MS. VERZOLA. Mrs….

MS. NANTES. Nantes.

MS. VERZOLA. Mrs. Nantes, the first…the opening of the account of Mrs. Ricaforte was in September 1, 1999.

MS. NANTES. Yes, Your Honor.

MS. VERZOLA. And it was an initial deposit of P17,210,000?

MS. NANTES. Yes, Your Honor.

MS. VERZOLA. And another one, 12 additional cash deposits made for different periods?

MS. NANTES. Yes, Your Honor.

MS. VERZOLA. Now, you said the initial deposit was in Metro Ayala Check No. 1360. Would I be correct if I say that this check deposit was drawn by Luis “Chavit” Singson?

MS. NANTES. Yes, Your Honor.

MS. VERZOLA. Now, there is another check deposit in the amount of P9,043,000 and this consists of seven checks deposited for the period September 7, 1999 to January 11, 2000. Would I also be correct if I say that this check was also drawn by Luis “Chavit” Singson?

MS. NANTES. Not all, Your Honor.

MS. VERZOLA. Which. How many of these checks were drawn by Luis “Chavit” Singson?

THE PRESIDING OFFICER. You may refer to the documents.

MS. NANTES. (Witness going over the documents) I am sorry, Your Honor. May I ask for a copy of it?

THE PRESIDING OFFICER. The copy of what?

MS. VERZOLA. Copy of what?

THE PRESIDING OFFICER. The original documents?

MS. NANTES. The original document of the check deposits.

THE PRESIDING OFFICER. Produce the original documents, Prosecutor Moreno.

MS. VERZOLA. Seven additional check deposits made for the period September 7, 1999 to June 14, 2000, Exhibit “LLL”.

MS. NANTES. (Conferring with Prosecutor Moreno) Eto po.

THE PRESIDING OFFICER. Show them to the witness. Do you need a reiteration of the question, Madam Witness?

(Witness conferring with Prosecutor Moreno)

Are you now ready to answer, Madam Witness?

MS. NANTES. Yes, Your Honor.

THE PRESIDING OFFICER. You may now answer.

MS. VERZOLA. How many of these checks were drawn by Luis “Chavit” Singson?

MS. NANTES. It was that seventeen million two hundred ten and the three million seven hundred pesos from Metrobank Ayala Center.

THE PRESIDING OFFICER. With the permission of the ladies…..

SEN. DRILON. Again, Mr. Chief Justice–

THE PRESIDING OFFICER. The honorable Senator-Judge Drilon.

SEN. DRILON. –I have to do this. But again, can we request the witness and the counsel to refer to exhibits. Because of the voluminous papers in front of us, we could not follow unless you make a reference of the Exhibit.

THE PRESIDING OFFICER. The request is well-taken again. The witness is advised to make specific mention of the document if once she would testify on the document.

You were asked about the checks drawn by Luis Singson.

MR. MORENO. Your Honors, witness is referring to Exhibit “LLL-30”….

THE PRESIDING OFFICER. Could we request the witness to make the answer?

MS. NANTES. It is under Exhibit “LLL-30” and Exhibit “LLL-30-A”. First, the P17,210,000; and Exhibit “LLL-31” and “LLL-31-A” for the check for P3,700,000, Your Honor.

MS. VERZOLA. In other words, aside from the P17,210,000 check, there were three other checks issued by Luis “Chavit” Singson on the seven additional check deposited in your bank.

MS. NANTES. Attorney, ay…., dalawa lang, Your Honor,

dyan sa….

MS. VERZOLA. I thought you mentioned three.

MS. NANTES. Two–P17,210,000 and the P3,700,000….

THE PRESIDING OFFICER. Just for clarification into the records. Your answer, Madam Witness, is, there are only two checks–

MS. NANTES. Yes, Your Honor.

THE PRESIDING OFFICER. –issued by him?

MS. NANTES. Two checks only. The P17,210,000 and the P3,700,000.

MS. VERZOLA. Oh, so it’s not two.

THE PRESIDING OFFICER. Would you want your conversa-tions to be….

MS. VERZOLA. Let’s make this very clear, Ms. Witness. There were three checks issued by Luis “Chavit” Singson for the….

MS. NANTES. No, Your Honor.

MS. VERZOLA. How many?

MS. NANTES. Two checks only. The P17,210,000 for the opening, and the additional P3,700,000.

MS. VERZOLA. Is it not a fact that seven additional check deposits were made for the period September 7 to June 14, 2000 in the total amount of P9,043,000? Is this…. Are you saying that this was embodied only in one check belonging to Luis “Chavit” Singson and the six others were drawn by other people?

MS. NANTES. No, Your Honor. The P9,043,000, this would exclude the P17,000,000. I am sorry. Okay.

MS. VERZOLA. Of course, we are talking about the first P17,210,000 and then the additional seven checks deposited for the period September 7, 1999 to June 14, 2000. Please look at your Exhibit “LLL” where the seven additional checks are Item No. 3 in the total amount of P9,043,000. There are seven checks.

I am asking you. Of these seven checks, how many of them were drawn by Luis “Chavit” Singson?

MS. NANTES. One, Your Honor.

MS. VERZOLA. What amount?

MS. NANTES. The P3,700,000, Your Honor.

MS. VERZOLA. I see. Now, I would be correct then if I say that the deposit of Yolanda T. Ricaforte in your branch was initially opened by a check issued by Luis “Chavit” Singson?

MS. NANTES. Yes, Your Honor.

MS. VERZOLA. Thank you, Ms. Witness.

THE PRESIDING OFFICER. No further cross? Any redirect?

REP. MORENO. Just one question, Your Honor.

THE PRESIDING OFFICER. On redirect?

REP. MORENO. Yes, Your Honor.

THE PRESIDING OFFICER. You may proceed.

REP. MORENO. Doon sa listahan ng mga deposits, check deposits, Exhibit “LLL-“….Exhibit “LLL-2”….

THE PRESIDING OFFICER. Exhibit LLL-2.

REP. MORENO. Yes, Your Honor.

THE PRESIDING OFFICER. Was it mentioned in cross-examination?

REP. MORENO. Yes, Your Honor. The summary of the check deposits, the seven check deposits.

THE PRESIDING OFFICER. You may proceed.

REP. MORENO. Pakibanggit lang kung sinu-sino itong…. or anu-ano itong anim na mga deposits, other deposits beginning from

No. 2 to No. 7?

MS. NANTES. It’s a PNB-Naga Check No. 16135 for P1,697,000. Next is PNB Check No. 16132 for P1,711,000 which was returned on November 12, 1999 for the reason “Stop Payment;” another regional check for P1,890,000; a local check for P15,000; another local check for P15,000; and another local check for P15,000.

REP. MORENO. That’s all, Your Honors.

THE PRESIDING OFFICER. Any question from the honorable members of the Impeachment Court? The honorable Senator-Judge Cayetano; and after him, anybody else who would like to ask questions? There being none, it would only be the honorable Senator-Judge Cayetano.

SEN. CAYETANO. Ms. Nantes, sabi mo kanina noong ininterview mo si Mrs. Ricaforte, ang sabi sa iyo nasa real estate siya. At nang itinanong mo kung ano ang trabaho ng asawa niya, ang sabi ay businessman. Later on, ang sabi mo nakita mo sa telebisyon si Mrs. Ricaforte at saka si Undersecretary Orestes.

Nang makita mo sila sa telebisyon, hindi ba nagbago ang tingin mo at may pinagsabihan ka ba na iyon palang si Mrs. Ricaforte ay hindi real estate woman at si Mr. Ricaforte hindi businessman. May pinagsabihan ka ba?

MS. NANTES. Sa ano lang po, sa office.

SEN. CAYETANO. Hindi mo inireport sa matataas mong mga opisyal?

MS. NANTES. Hindi po, Your Honor.

SEN. CAYETANO. Hindi ba kataka-taka iyon, sapagkat sabi mo nga individual ano siya, highest depositor, and yet nakita mo na nagsinungaling siya, hindi ba?

MS. NANTES. Yes, Your Honor.

SEN. CAYETANO. Hindi mo inireport?

MS. NANTES. No, Your Honor.

SEN. CAYETANO. Okay, one last question. Iyong sa application forms, doon sa current at saka sa savings account, sino ang nag-fill up noon?

MS. NANTES. Ipina-type ko po doon sa New Accounts clerk namin, tapos noong pagdating po niya at saka nag-sign doon sa application form.

SEN. CAYETANO. Oo. Hindi, pero napansin ko iyong application form in handwriting. Halimbawa natin, iyong telephone number sa current account ay home number pero sa savings account ay cellphone number, but these were written in … handwritten.

MS. NANTES. Yes, Your Honor.

SEN. CAYETANO. Sino ang sumulat noon?

MS. NANTES. Iyon po kasing first copy, pinapa-fill up.

THE PRESIDING OFFICER. What is the exhibit number for that document?

SEN. CAYETANO. I know, but I don’t want that to be counted against my minute.

THE PRESIDING OFFICER. What is the exhibit number?

REP. MORENO. “LLL-2” and “LLL-3.”

THE PRESIDING OFFICER. Show the documents to the witness.

REP. MORENO. Your Honors, current account ho ba iyong itinatanong?

SEN. CAYETANO. Oo, current account at saka savings account application.

MS. NANTES. I am referring to Exhibit “LLL-2-B” wherein the….it was a handwritten….

SEN. CAYETANO. Iyong telephone number?

MS. NANTES. Handwritten po ito ng ano, handwriting po ito ng New Accounts clerk po namin.

SEN. CAYETANO. Okay.

MS. NANTES. Bale po ginaya iyong finill-up-an niya na savings account, Exhibit “LLL-2-C” for Savings Account No. 015704227-0, siya po ang nag-fill up nito. Handwriting po ni Mrs. Yolanda Ricaforte, Your Honor.

SEN. CAYETANO. Iyon ang may cellphone number?

MS. NANTES. Yes, Your Honor.

SEN. CAYETANO. Salamat po.

THE PRESIDING OFFICER. The Chair has to modify the earlier pronouncement that it would be the honorable Sen. Rene Cayetano who will ask the question. We have other reservations, the honorable Senator-Judge Drilon, and the honorable Judge-Senator Guingona. One after the other, two minutes each according to our Rules.

SEN. DRILON. Ms. Witness, how long have you been a manager of this branch that is referred to in your testimony?

MS. NANTES. Seven years and eight months.

SEN. DRILON. In seven years and eight months, how many times did you have a walk-in client depositing P17,210,000 as an initial account?

MS. NANTES. Only Mrs. Yolanda Ricaforte, Your Honor.

SEN. DRILON. Hindi ka ba nagtataka kung bakit napili niya iyong branch mo?

MS. NANTES. Naitanong ko na rin po, Your Honor, iyon. Ang sabi po niya, “I would like to try Equitable Bank.”

SEN. DRILON. “I would like to try Equitable Bank.” So, seven years ka, ika mo sa bangko?

MS. NANTES. Yes, as manager of the branch.

SEN. DRILON. And this is the only time that amount of that nature was deposited by a single personal depositor?

MS. NANTES. Yes, Your Honor.

SEN. DRILON. And you did not tell your bosses that there was this depositor?

MS. NANTES. I was asked by our division head. Kasi po may….

SEN. DRILON. When did your division head ask you?

MS. NANTES. During a meeting.

SEN. DRILON. What prompted your division head to ask you that question?

MS. NANTES. Because of the additional deposit that was made.

SEN. DRILON. And did he wonder how you got that account?

MS. NANTES. Yes, Your Honor. I told her that she was a walk-in client.

SEN. DRILON. And in your experience, is this usual that somebody walks in with P17.210 million just being deposited without the same being previously arranged?

MS. NANTES. No, Your Honor.

SEN. DRILON. Are there occasions when your President or your Vice-President or your boss would call you to ask you to accomodate a depositor?

MS. NANTES. Not once with me, Your Honor.

SEN. DRILON. So there were no occasions when your President would ask you to take care of a particular customer?

MS. NANTES. Not with me, Your Honor.

SEN. DRILON. How about with others?

MS. NANTES. I am not sure with others, Your Honor.

SEN. DRILON. But not in your particular case?

MS. NANTES. Yes, Your Honor.

SEN. DRILON. To your recollection, you said that P17.210 million was the only time that you received such an initial deposit. How about in other instances, what is the next biggest deposit, if you can recall? Initial?

MS. NANTES. For checking, savings account or for placement, Your Honor?

SEN. DRILON. In the same nature, current or savings account.

MS. NANTES. It’s P6 million, Your Honor.

SEN. DRILON. Well, my two minutes is already up.

THE PRESIDING OFFICER. Thank you very much.

The honorable Senator-Judge Guingona.

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

Mrs. Nantes, could you please clarify iyong tsekeng sinabi mong the source of the drawer was from Naga branch, PNB-Naga?

THE PRESIDING OFFICER. What is the exhibit number?

MS. NANTES. It is under Exhibit “LLL-32” and “LLL-32-A” for P1.697 million PNB-Naga check. And another PNB Check No. 16132 for P1.711 million.

SEN. GUINGONA. Would you know the drawer of those checks?

MS. NANTES. No, Your Honor.

SEN. GUINGONA. Thank you.

THE PRESIDING OFFICER. The honorable Judge-Senator Biazon.

SEN. BIAZON. Miss Ngo, this account opened by….

THE PRESIDING OFFICER. Ms. Nantes.

SEN. BIAZON. Ms. Nantes, I am sorry. Is this account still active?

MS. NANTES. Yes, Your Honor.

SEN. BIAZON. And there is still a balance there?

MS. NANTES. Yes, Your Honor.

SEN. BIAZON. Is there anybody drawing upon this deposit?

MS. NANTES. No, Your Honor.

SEN. BIAZON. Why not?

MS. NANTES. It is….

SEN. BIAZON. Is the deposit under garnishment?

MS. NANTES. It’s on hold, Your Honor.

SEN. BIAZON. By whom?

MS. NANTES. Under hold?

SEN. BIAZON. Yes.

MS. NANTES. It was hold by the branch.

SEN. BIAZON. Will you explain?

MS. NANTES. The account was on hold.

SEN. BIAZON. Yes, on whose order?

MS. NANTES. By our legal counsel.

SEN. BIAZON. So, nobody is attempting to draw upon this deposit?

MS. NANTES. Yes, Your Honor.

THE PRESIDING OFFICER. When you say “yes”, what do you mean?

MS. NANTES. Nobody can withdraw or make deposits on the account.

SEN. BIAZON. Upon the order of your… ?

MS. NANTES. Legal counsel, Your Honor.

SEN. BIAZON. What would be the basis of your legal counsel to issue such an instruction? Are you told?

MS. NANTES. Because it is now in the Court. It is in the impeachment proceedings.

SEN. BIAZON. Since when was this deposit or account was ordered to be on hold?

MS. NANTES. Yesterday, Your Honor.

SEN. BIAZON. Only yesterday?

MS. NANTES. Yesterday.

SEN. BIAZON. When was the last time, today?

MS. NANTES. Yes, Your Honor.

SEN. BIAZON. When was the last time any amount was drawn upon that deposit?

MS. NANTES. October 5, 2000, when she issued a check payable to Phileast Travel and Tourist Corporation.

SEN. BIAZON. For what amount?

MS. NANTES. For P79,664.80.

SEN. BIAZON. That was the last time any amount was drawn from that account?

MS. NANTES. Yes, Your Honor.

SEN. BIAZON. What is now the balance of the deposit?

MS. NANTES. Outstanding balance as of November 29, 2000 is P6,919,069.47, Your Honor.

THE PRESIDING OFFICER. Per exhibit what?

MS. NANTES. Under Exhibit “LLL”.

SEN. BIAZON. Thank you, Chief Justice.

THE PRESIDING OFFICER. I guess no more reservations

have been made. The witness may now be excused. Thank you,

Madam Nantes.

MS. NANTES. Thank you, Your Honor.

THE PRESIDING OFFICER. Next witness for the Prosecution.

MR. MORENO. Incidentally, Mr. Chief Justice, Your Honors, before starting with the next witness, the question raised by the honorable Judge-Senator Biazon is indeed very appropriate. Because my understanding is that…

THE PRESIDING OFFICER. Excuse me. I do not think it would be proper for you to make a comment on that. The witness has already been excused.

MR. MORENO. No, this is not related to the …

THE PRESIDING OFFICER. The Chair would declare you to be out of order. I am sorry.

MR. MORENO. I am sorry, Your Honor.

THE PRESIDING OFFICER. Next witness.

MR. APOSTOL. Our next witness is Mrs. Rosario S. Bautista, branch manager, Diliman, Matalino, Equitable/PCI Bank.

THE PRESIDING OFFICER. Call the witness in.

The Majority Leader.

SUSPENSION OF TRIAL

THE MAJORITY LEADER. Mr. Chief Justice, since it is only a few minutes before our scheduled first break, I would propose, at this point, a 20-minute break before we call the next witness.

THE PRESIDING OFFICER. Do you have the conformity from the Prosecution and from the Defense?

There is a request proposed by the Majority Leader for a suspension of about 20 minutes before the witness shall take the stand.

MR. APOSTOL. We have no objection.

THE PRESIDING OFFICER. And what about the Defense?

MR. MENDOZA. No objection, Your Honor.

THE PRESIDING OFFICER. So, the parties unanimously agreed to have a suspension of 20 minutes effective at 3:39.

Thank you.

It was 3:39 p.m.

THE TRIAL WAS RESUMED AT 4:27 P.M.

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

RESUMPTION OF TRIAL

THE PRESIDING OFFICER. The trial is resumed.

Before the resumption of the trial, upon request of the Prosecution and the Defense, the conference was had between them and together with the Presiding Justice, the Senate President and the members of the Impeachment Court for them to agree on certain matters of procedure intended, one, to further shorten the proceedings and to modify what had earlier been agreed insofar as the testimony of Gov. Luis Singson is concerned.

During the second preliminary conference, the parties agreed that Singson should testify first for Article I, after which he will be cross-examined by the Defense and his testimony to be completed thereafter for Article I. Then later, he will be called to testify as a witness for Article II. Again, after the direct testimony, the Defense was supposed to cross-examine, after which redirect, if any, and then recross, if still necessary.

The parties, however, later on agreed to modify that. And the modification was contained in the supplemental second preliminary conference order. The modification consisted in the agreement between the parties. That Mr. Singson should testify for the first Article to complete his testimony without a cross-examination yet. And then sometime later, he will be called to testify as witness for Article II or the second Article of the Articles of Impeachment. And after he shall have completed his direct testimony, the Defense will now cross-examine him both for Article I and Article II.

Before the resumption of the trial this afternoon during the conference the Chair had earlier mentioned, the Defense and the Prosecution had agreed for reasons stated during the conference that

Mr. Singson will now be called to testify as witness for the second article of the Articles of Impeachment. After that, the Defense will cross-examine him as witness for the First and Second Articles. Meaning to say, that there will be only one cross-examination time for the direct examination in Article I and the direct examination in Article II.

The cross-examination of the witness, Mr. Singson, will be on January 2 and thereafter, until completed, assuming that his testimony on direct examination for the second Article can be terminated before we will have our Christmas recess.

The second agreement was, since the motion to reconsider the ruling of the Chair on the Extended Order regarding the opening of

the sealed envelope was filed only this afternoon but within the period given the Defense yesterday, and the Presiding Officer had only about five minutes to read it when we had the break, and considering that

the Prosecution had requested for time within which to file a written opposition to the motion to reconsider which shall be within 24 hours

as agreed upon yesterday starting at this hour, the consideration

therefore will be tomorrow after the filing within the period of the opposition thereto.

If the parties will now agree that after the submission of the opposition to the motion to reconsider the incidence shall be deemed submitted for resolution without any oral argument, then that would be…the incident would thus be submitted for resolution, sans the oral argument. If the parties would decide to argue further, each would be given ten minutes.

So the third agreement was to defer the presentation of other witnesses and to call back Mr. Singson.

Any comment from the Prosecution on the summary of the agreements?

REP. ARROYO. I think, …How about the Westmont?

THE PRESIDING OFFICER. Yes. Another agreement. Insofar as the production or subpoena duces tecum on documents from other banks, the agreement was that the parties can avail exclusively only of Rule XXVII, meaning, the production of the documents–no longer by way of deposition on oral examination. A subpoena duces tecum for the production of the documents. And for banks which would voluntarily agree, the production may forthwith be done. But for banks which may avail of some other technical grounds for nonproduction, the Defense may file the appropriate pleading in connection therewith.

Yes, Attorney Mendoza.

MR. MENDOZA. With respect to the motion for production,

I believe, Mr. Chief Justice, that I requested to see first a sample motion and that I was unable to agree on that yet.

THE PRESIDING OFFICER. Yes, subject to the agreement that the document should be specified, there should be no catchall provision regarding the production of any other documents because that would really be a shotgun proposal or a catchall proposal which would

render the application rather vague and so general which may be unfair to the other party.

REP. MORENO. Mr. Chief Justice.

THE PRESIDING OFFICER. Yes, Prosecutor Moreno.

REP. MORENO. Mr. Chief Justice, the United Overseas Bank, formerly Westmont Bank, has turned over to this Honorable Court

certain documents last Thursday consistent with or to follow what the Equitable Bank has done the day before. And the bank, Westmont Bank, in fact, their representatives are here, Mr. Chief Justice, Your Honors, because they are willing to proceed with the scheduled deposition tomorrow morning. But given the announcement of the Presiding Officer, I think the Prosecution is prepared to conduct instead an inspection and production of documents rather than a deposition.

THE PRESIDING OFFICER. No more oral examination of the witness?

REP. MORENO. That’s correct, Your Honor.

THE PRESIDING OFFICER. But subject to the condition recommended by the Defense — meaning, only specified documents.

REP. MORENO. That’s right.

THE PRESIDING OFFICER. Will you kindly list down the documents from the Westmont Bank and submit the list to the other party?

REP. MORENO. If I may, Mr. Chief Justice.

THE PRESIDING OFFICER. And with proper notice, of course, for the opening, if these are in sealed envelopes, for the opening of that envelope from the Westmont Bank, now UBO?

REP. MORENO. UOB, Mr. Chief Justice.

THE PRESIDING OFFICER. UOB.

MR. MENDOZA. Subject to any objection we may raise after receiving the motion, Your Honor.

THE PRESIDING OFFICER. Of course. You are entitled to all the remedies you may have in mind under the Rules of Court.

REP. MORENO. Mr. Chief Justice, actually, in compliance with the subpoena earlier issued, Westmont Bank, now United Overseas Bank, has submitted to the Senate as an Impeachment Court last Thursday,

so these documents, Your Honors, are already in the possession of

this Court.

THE PRESIDING OFFICER. Then, you can discuss that matter with the Defense counsel after the trial is over.

REP. MORENO. Thank you very much, Your Honor.

THE PRESIDING OFFICER. Pursuant to the agreement we had before we resumed the trial.

REP. MORENO. Thank you very much, Your Honor.

THE PRESIDING OFFICER. Now, the…

REP. ARROYO. Mr. Chief Justice.

THE PRESIDING OFFICER. Prosecutor Arroyo, if Atty. Mendoza is already through.

MR. MENDOZA. Mr. Chief Justice, you suggested that after

the Opposition to the Motion for Reconsideration is filed, the parties

may agree to submit it at the same time you gave us an option to argue

for 10 minutes.

THE PRESIDING OFFICER. Ten minutes, yes.

MR. MENDOZA. We would like to avail of that option, Your Honor.

THE PRESIDING OFFICER. What about the Prosecution?

REP. ARROYO. Well, if the Defense would like to avail of that, then naturally, we would like to avail of that.

THE PRESIDING OFFICER. It all depends on whether you will really eventually avail of the ten minutes.

MR. MENDOZA. Yes. I will have to look at the opposition first, Your Honor.

THE PRESIDING OFFICER. We request the Prosecution, especially the Presiding Officer and, I am sure, the members of the Court, to file the opposition as soon as possible to give us time to read it also.

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

THE PRESIDING OFFICER. Thank you.

REP. ARROYO. Mr. Chief Justice, per agreement, then we will proceed to Article II, and our first…

THE PRESIDING OFFICER. Only insofar as the testimony of Singson is concerned.

REP. ARROYO. That’s correct, Your Honor.

THE PRESIDING OFFICER. Because after him, we have to go back and complete the evidence for Article I.

REP. ARROYO. That’s correct, Mr. Chief Justice. So, our next witness is…

THE PRESIDING OFFICER. On that understanding, you can recall the witness and bring him inside the Court to take again the

witness stand.

The honorable Senator-Judge Drilon is recognized.

SEN. DRILON. Mr. Chief Justice, while we are waiting for the witness, I have an inquiry from the Court. May we know, Mr. Chief Justice, if any member of the Impeachment Court filed a dissent to your Extended Order?

THE PRESIDING OFFICER. As I mentioned earlier, so far,

I only received the concurring opinion with reservation of the honorable Senator-Judge Miriam Defensor Santiago and the full concurrence of the Senate President.

SEN. DRILON. May I know, Your Honor, until what time would the Members of the Court be given an opportunity to file their dissent, if any? I recall that we had an agreement there so that we will know if that particular hour would have passed that your Order becomes the Order of the Court, in accordance with our rules?

THE PRESIDING OFFICER. The Presiding Officer issued an Order before regarding the filing of the Motion to Reconsider and also the dissenting or the concurring opinion. I think the message is very clear. It should have been filed not later than today.

SEN. DRILON. All right. Because if there was no filing,

Mr. Chief Justice….

THE PRESIDING OFFICER. Your Honor, since we have granted the Prosecution until tomorrow to file an Opposition to the Motion to Reconsider, any member of the Tribunal may file a concurring or dissenting opinion. In which case, if there will be a dissenting opinion, that would be an entirely different matter.

SEN. DRILON. That’s correct, Mr. Chief Justice. That’s precisely my point. The motion for reconsideration of the Defense and the opposition filed to that motion for reconsideration by the Prosecution is a completely different matter. Because the moment a dissent is filed by any member of the Court under our Rules, that matter is thrown to the entire Court, whereas a motion for reconsideration filed by the Defense would only be resolved initially by the Chief Justice.

THE PRESIDING OFFICER. That is correct. Because as the Chair had announced earlier, a dissent will be considered, in effect, as a motion to reconsider the ruling of the Chair. In which case, the movant–meaning the one who is opposing the position of the Chair–will have two minutes to support his view, and another will be entertained to speak in contra, after which there will be a voting on the motion to reconsider. In which event, therefore, we have to suspend consideration of the motion to reconsider presented by the Defense.

SEN. DRILON. That is correct, Mr. Chief Justice. So that if there is no dissent filed by any member of the Court, there would be no opportunity today for a voting by the entire Court and therefore, the Extended Order of Your Honor, the Chief Justice, is now the decision of the entire Court, subject, of course, to the motion for reconsideration that is filed by the Defense and the opposition that would be filed by the Prosecution. That is all my point, Mr. Chief Justice.

THE PRESIDING OFFICER. The point is well-taken.

SEN. DRILON. So….

THE PRESIDING OFFICER. Yes?

SEN. DRILON. So if there is no dissent yet filed as of this hour, do we take it to mean that the entire Court, that your Order is now the Order of the entire Impeachment Court?

THE PRESIDING OFFICER. Are you moving to that effect? You are moving…..

SEN. DRILON. Yes, I so move, if there is no such motion being filed. Because if I recall correctly, we have until about 4:30 today to….

I am sorry? Oh, five o’clock then. We wait for five o’clock.

THE PRESIDING OFFICER. We will for five o’clock.

SEN. DRILON. Yes. And then we will make the appropriate motion.

THE PRESIDING OFFICER. And then the motion may be reiterated at five o’clock.

SEN. DRILON. Yes, Chief Justice. Thank you.

THE PRESIDING OFFICER. The reservation for reiteration is granted.

SEN. LEVISTE. With the permission of the honorable Chief Justice.

THE PRESIDING OFFICER. Yes.

SEN. LEVISTE. We wanted to put on record that I had submitted my full concurrence to your ruling last Friday. It was received by the Court. I just mentioned it because it has not been recorded, I believe, by the Chief Justice, and not mentioned earlier.

THE PRESIDING OFFICER. I have not received a copy of that, Your Honor, but I would be very, very……

SEN. LEVISTE. Yes, around two hours ago, Mr. Chief Justice.

It was full concurrence, of course.

THE PRESIDING OFFICER. Thank you very much.

So, call now the witness.

THE SENATE PRESIDENT. Mr. Chief Justice.

THE PRESIDING OFFICER. The Senate President. For a while, Prosecutor Arroyo.

THE SENATE PRESIDENT. Would the prosecutors and the Defense need the transcript of the Blue Ribbon hearings for purposes of Mr. Singson’s testimony?

REP. ARROYO. Yes, we would be very happy to have it,

Mr. President.

THE SENATE PRESIDENT. We already have them. They have not yet been bound as suggested by the Chief Justice because of bureaucratic delays. But we have the transcripts about one foot thick.

REP. ARROYO. Blue Ribbon?

THE SENATE PRESIDENT. Blue Ribbon.

REP. ARROYO. We will get our copy, Mr. President.

THE SENATE PRESIDENT. Yes, please.

Mr. Chief Justice, with your permission, we would like to instruct the Pager of the Senate to distribute copies of the transcripts of the

Blue Ribbon hearings to the Prosecutors and to the Defense and to

the Senator-Judges.

THE PRESIDING OFFICER. To the members of the Impeachment Court. Of course, insofar as the copies of the impeachment court are concerned, the Presiding Officer would suggest that the Secretary or the Office of the Secretary should bind them into at least four volumes so it would be very, very easy for the members of the Court to refer to the pages and volumes whenever a witness is confronted of any testimony given at the hearing of the Senate Blue Ribbon Committee.

THE SENATE PRESIDENT. The Pages will please–Mr. Chief Justice, I am sorry–distribute the transcript first to the Prosecution, one copy, one full set, and another set for the Defense.

THE PRESIDING OFFICER. Provide now, the Prosecution first, with that voluminous record of the Senate Blue Ribbon Committee, and then another copy to the Defense.

THE SENATE PRESIDENT. Excuse me, Mr. Chief Justice, only one set for the Prosecution.

THE PRESIDING OFFICER. Correct.

THE SENATE PRESIDENT. You retrieve that other one. [Laughter]

THE PRESIDING OFFICER. Only one copy. Only one set for the Prosecution and for the Prosecution to consider the possibility of reproducing them for each of the members.

THE SENATE PRESIDENT. At their expense.

THE PRESIDING OFFICER. At your expense. The same ruling for the Defense, only one copy.

I think we are now ready to receive the testimony of the witness for the Second Article.

REP. ARROYO. Mr. President, our witness will be Gov. Luis “Chavit” Singson. The direct examination will be conducted by a

private prosecutor, Pablito Sanidad, assisted by Prosecutor Oca Moreno, under my control and supervision.

THE PRESIDING OFFICER. In short, you are now saying that the examining counsel will be Sanidad–

REP. ARROYO. That is correct, Mr. Chief Justice.

THE PRESIDING OFFICER. –and the assisting counsel

will be?

REP. ARROYO. Prosecutor Moreno, under my control and supervision, Mr. Chief Justice.

MR. SANIDAD. Mr. Chief Justice, Your Honor please, may we formally enter our appearance. I’m Pablito Sanidad of the Free Legal Assistance Group.

THE PRESIDING OFFICER. Are you appearing for the Free Legal Assistance Group or as a private prosecutor?

MR. SANIDAD. We are…. That is a group of private…. We are the part of the private Prosecution, Your Honor, helping the….

THE PRESIDING OFFICER. Has the group entered its appearance as a private prosecutor? Because early on, the Chair recalls there were specific names mentioned as private prosecutors.

MR. SANIDAD. No, Your Honor. It’s just the organization to which I belong. It’s just like a law firm.

THE PRESIDING OFFICER. So, you are only identifying yourself as belonging to that organization?

MR. SANIDAD. Yes, Your Honor please.

THE PRESIDING OFFICER. It is not the organization that is appearing as a private prosecutor too.

MR. SANIDAD. No, Your Honor.

Before the… Since we are waiting for the witness, Your Honor, may I take advantage of the time to clear some preliminary matters.

First of all, since we are merely recalling the witness, may we pray that we be allowed to dispense with the ritual of having to qualify him all over again.

THE PRESIDING OFFICER. That is correct. That is the clear understanding even under the Second Preliminary Conference Order.

MR. SANIDAD. And may we also be allowed to adopt his previous testimony under the First Article of Impeachment?

THE PRESIDING OFFICER. The old testimony?

MR. SANIDAD. Well, as far as they may be relevant to the Second Article–

THE PRESIDING OFFICER. Any comment from the Defense?

MR. SANIDAD. –so that we will not have to cover the same grounds, Your Honor.

THE PRESIDING OFFICER. Any comment from the Defense on that proposal? Meaning, to adopt that portion of the testimony of the witness as witness for the First Article–

MR. MENDOZA. We have no objection, Your Honor.

THE PRESIDING OFFICER. –as testimony for the Second Article so far as relevant?

MR. SANIDAD. Yes, Your Honor please.

THE PRESIDING OFFICER. Since there is no objection….

MR. MENDOZA. We have no objection.

THE PRESIDING OFFICER. There being no objection, the request is granted.

MR. SANIDAD. The witness is not yet here. But may we proceed to make the offer, Your Honor, why we are presenting this witness.

THE PRESIDING OFFICER. Make the offer now.

MR. SANIDAD. We are presenting Governor Singson, Your Honor, in connection with and to prove that portion of the Second Article of Impeachment, which states that: “President Joseph Estrada violated the Constitution and stands guilty of graft and corruption when he directly or indirectly requested or received for his personal benefit P130 million out of the P200 million released by Sec. Benjamin Diokno of the Department of Budget and allocated under Republic Act 7171.”

We are presenting the witness to prove the circumstances and manner as to how in the month of August 1998, the said amount of P130 million was released by the DBM and ultimately delivered to President Estrada and members of his family for their personal gain and benefit.

We are also presenting this witness to show that by the nature of his testimony, Gov. Luis “Chavit” Singson comes under the coverage of PD No. 749. We are also presenting him to prove the efforts exerted by persons acting in behalf of the President, as well as by President Joseph Estrada himself, to prevent the witness from publicly exposing the abovementioned acts, Your Honor.

THE PRESIDING OFFICER. The witness is now on the witness stand.

Mr. Singson, the Presiding Officer of the Court would like to advise you that you will be testifying under the same oath.

MR. SANIDAD. May we proceed, Your Honor?

THE PRESIDING OFFICER. Atty. Sanidad may now proceed.

MR. SANIDAD. Governor Singson, noong kayo po ay tumestigo rito noong nakaraan na linggo, ang sabi ho ninyo ay kayo ay kasalukuyang gobernador ng Lalawigan ng Ilocos Sur at naging Congressman din kayo ng 1st District ng probinsiyang iyan, tama ho ba iyon?

MR. SINGSON. Yes, Your Honor.

MR. SANIDAD. Puwede ho ba ninyong sabihin kung kailan kayo naging deputado o Congressman ng 1st District of Ilocos Sur?

MR. SINGSON. 1987 to 1992, Your Honor.

MR. SANIDAD. Bilang naging Congressman ng 1st District of Ilocos Sur, familiar ho ba kayo doon sa batas, Republic Act No. 7171, na nagngangalang “An Act to Promote the Development of the Farmers in the Virginia Tobacco Producing Provinces?” Familiar ho ba kayo doon sa batas na iyon?

MR. SINGSON. Yes, Your Honor. Ako po ang principal author noon, Your Honor.

MR. SANIDAD. As principal author, sa maikling salita, Governor, sa pananaw ninyo, ano ho ang pangunahing katangian nitong batas na ito?

MR. SINGSON. Mabalik iyong mga….Around 15% of all the excise taxes of cigarettes will go back to the Virginia tobacco-producing provinces para mapaunlad po namin ang kabuhayan ng mga farmers, lalung-lalo na sa mga magsasaka namin sa tabako, Your Honor.

MR. SANIDAD. Your Honor.

THE PRESIDING OFFICER. Yes.

MR. SANIDAD. We have taken the liberty of distributing copies of Republic Act 7171 to the Defense and also to the members of the Tribunal. We have no intentions of marking it as an exhibit, but we distributed copies so that there will be available for ready reference. And may we pray that Your Honor take judicial notice considering that it is an official act of the legislative body of….

THE PRESIDING OFFICER. There is not even a need for a prayer for the Court to take judicial notice of that.

MR. SANIDAD. Thank you, Your Honor.

It appears from Republic Act 7171, Governor, na ito ay naaprubahan noong Enero 9, 1992, noong panahon pa ni Pres. Cory Aquino. Sabihin nga ho ninyo kung na-implement ba itong batas na ito noong panahon ni President Aquino?

MR. SINGSON. Patapos na po iyong term ni Pres. Cory Aquino noon, Your Honor, at hindi na na-implement, Your Honor.

MR. SANIDAD. Si President Aquino ay pinalitan ni Pres. Fidel Ramos. Sabihin nga ninyo sa amin kung noong panahon ni President Ramos ay na-implement ho itong batas na ito?

MR. SINGSON. Na-implement po, Your Honor, pero na-delay for almost three years at gusto nilang amendahan noon, pero nung hindi maamendahan, naamendahan din iyong sharing, Your Honor. Instead of 100% pupunta sa probinsiya, 30% lang po ang naiwan, napunta sa congressman, napunta sa mga mayors ang iba, Your Honor, kaya hindi namin nagawa lahat iyong mga proyektong gusto namin sa probinsiya, Your Honor.

MR. SANIDAD. Pagdating naman ng kasalukuyang Pangulo, si President Joseph Estrada, ano ho ang nangyari?

MR. SINGSON. Bago po naging presidente si Pangulong Estrada, Your Honor, nangampanya sa amin sa lalawigan ng Ilocos Sur, Ilocos Norte, Abra, and La Union, at ipinangako niya na pag siya ang mahalal na presidente, ibibigay lahat iyong pondo namin sa 7171, pati interest na hindi naibigay noong nakaraang administrasyon, Your Honor.

MR. SANIDAD. Ano hong election campaign itong tinutukoy ninyo?

MR. SINGSON. 1998, Your Honor.

MR. SANIDAD. Tumatakbo ho si President Estrada para sa anong posisyon?

MR. SINGSON. For President, Your Honor.

MR. SANIDAD. Saan ho niya sinabi itong pangako na pagpapatupad nang lubusan dito sa Republic Act No. 7171?

MR. SINGSON. Sa Region I, Your Honor, especially sa Ilocos Sur, Ilocos Norte, Abra and La Union. At sinabi niya, pagka manalo siyang Presidente, ibibigay niya lahat iyong pondo pati interest.

MR. SANIDAD. Noong nanalo si Presidente Estrada, ano ho ang nangyari kung meron man?

MR. SINGSON. Noong nanalo ho, Your Honor, ipinaalala ko iyong pangako niya, dahil iyon “Ang pangako natin noong election,” ‘ikako. Sabi niya: “Oo, bakit hindi. Pero sana makatulong ka dahil marami tayong obligasyon noong nakaraang eleksiyon.” Sabi niya sa akin, Your Honor.

MR. SANIDAD. Mga kailan ho itong sinabi mong pagpapaalala mo sa kaniya noong pangako niya?

MR. SINGSON. Pag-upung pag-upo, Your Honor. Siguro July ho iyon, Your Honor.

MR. SANIDAD. Saan ho kayo noong ipinaalaala mo sa kaniya?

MR. SINGSON. Sa bahay niya sa Greenhills, Your Honor, Polk Street, Greenhills.

MR. SANIDAD. Ano ho uli iyong sagot niya doon sa sinabi mo sa kaniya tungkol sa pangako niya?

MR. SINGSON. Ang sabi niya, Your Honor, “Sana makatulong ka dahil marami tayong gastos noong nakaraang eleksiyon.” Iyon po ang sinabi sa akin, Your Honor.

MR. SANIDAD. Ano ho ang naintindihan ninyo doon sa sinabi niya?

MR. SINGSON. Ang pagkaintindi ko po, Your Honor, humihingi ng porsiyento roon. So, ‘ikako naman, “Bakit hindi?” Ang sagot ko sa kaniya, Your Honor.

MR. SANIDAD. Porsiyento ho saan?

MR. SINGSON. Sa ibibigay niya na release ng pondo namin sa 7171, Your Honor.

MR. SANIDAD. Bakit ho ganoon ang pagkaintindi ninyo, Governor?

MR. SINGSON. Iyon po ang usapan namin, Your Honor, noong tinanong ako. So, ‘ikako, “Bakit hindi?” Magkano kaagad ang tinanong, Your Honor.

MR. SANIDAD. Ano naman ho ang sagot ninyo noong nagtanong siya ng: “Magkano?”

MR. SINGSON. ‘Ikako, Your Honor, “Siguro 10%, kung ano man ang mai-release na pondo. “Dahil iyong balanse namin noong araw at that time, Your Honor, is around P4 billion ang hindi naibigay.

MR. SANIDAD. Samakatwid, sumang-ayon kayo doon sa hinihingi niyang 10%?

MR. SINGSON. Napilitan ako, Your Honor, dahil matagal nang delayed iyong project namin na iyon, Your Honor. Dahil pag napagawa namin iyon, sa buong mundo ay computerized na ang mga curing barn. Dito lang sa Pilipinas ang kahoy pa rin ang ginagamit at kawawa ang mga farmers namin, Your Honor.

MR. SANIDAD. Ten percent ho ng ano ito?

MR. SINGSON. Noong pondo na manggagaling sa release ng 7171, Your Honor.

MR. SANIDAD. Pagkatapos itong pag-uusap ninyo ni Presidente Estrada, ano ho ang sumunod na nangyari, kung meron man?

MR. SINGSON. Sabi niya, “Sige at gumawa ka ng request at aaprubahan ko.” So, gumawa kaagad ako ng request, Your Honor. Written request, Your Honor.

MR. SANIDAD. Kanino ho naka-address itong written request na ginawa ninyo na inutos ni Presidente Estrada?

MR. SINGSON. Addressed to the President, Your Honor. Kay Pangulong Estrada, Your Honor.

MR. SANIDAD. Kung ipapakita ko sa iyo ang kopya nitong sulat na ito, sa akala mo ba makikilala mo uli?

MR. SINGSON. Makikilala ko po, Your Honor, dahil iyon ang kauna-unahan na na-release sa probinsiya namin at pinirmahan niya, may marginal note sa bandang kanan ng request ko, Your Honor.

MR. SANIDAD. Ipinapakita ko sa iyo, Governor, itong sulat, liham na may petsang 30 July 1998. Tingnan nga ho ninyo kung ito ho iyong sulat na tinutukoy ninyo?

MR. SINGSON. Opo, Your Honor. Ito nga po iyon, Your Honor.

MR. SANIDAD. Your Honor, the Witness is referring to a document which had already been previously marked as Exhibit “OOO”.

THE PRESIDING OFFICER. And copies were given to the Defense and to the members of the Court?

MR. SANIDAD. Yes, Your Honor, please.

THE PRESIDING OFFICER. Triple “O”.

MR. SANIDAD. “O-O-O.” Governor, mayroon hong lagda dito sa itaas ng pangalang “Luis Chavit Singson”. Alam ho ba ninyo kung kaninong pirma iyan?

MR. SINGSON. Sa akin po, Your Honor.

MR. SANIDAD. Mayroon kayo kaninang tinutukoy na marginal note. Saan ho ba itong marginal note na sinasabi ninyo?

MR. SINGSON. Dito ho sa bandang kanan, Your Honor, addressed to the Secretary of Department of Budget and Management (DBM), Secretary Ben Diokno, Your Honor.

MR. SANIDAD. Puwedeng pakibasa na lamang ho, for the record, itong marginal note na tinutukoy ninyo?

MR. SINGSON. “To Secretary Ben Diokno: Please see if you can accommodate this request of Governor Singson.” Signed by the President, Your Honor.

MR. SANIDAD. Paano ho ninyo alam na itong pirma dito sa marginal note ay pirma talaga o lagda talaga ni Presidente Estrada?

MR. SINGSON. Ako mismo ang nagpapirma nito, Your Honor, sa bahay niya.

MR. SANIDAD. Pagkatapos hong naibigay ninyo ito kay Presi-dente Estrada at naglagay siya ng marginal note addressed to Secretary Ben Diokno, ano ang sumunod na nangyari, kung mayroon man?

MR. SINGSON. Ipinadala ko, Your Honor, kay Secretary Ben Diokno at inantay na namin ang pondo sa aking probinsiya.

MR. SANIDAD. Habang inaantay ninyo kung maaaprubahan ito o hindi, may nangyari ho ba?

MR. SINGSON. Halos araw-araw ay magkasama kami ni Atong noon, Your Honor, at pina-follow up niya kung na-release na iyong pinirmahan ni Presidente. Ikako, “Hindi pa.” So, panay ang follow-up namin sa DBM noon, Your Honor.

MR. SANIDAD. Itong Atong Ang, ito ba iyong Charlie “Atong” Ang na binanggit mo na noong huling tumestigo ka rito noong

nakaraan na linggo?

MR. SINGSON. Iyon nga, Your Honor, iyong pinakamalapit na kaibigan ng Pangulong Estrada.

MR. SANIDAD. Puwede ho ba ninyong sabihin kung bakit

bigla yatang nakialam itong Atong Ang dito sa usapan nitong release ng pondo sa 7171?

MR. SINGSON. Dahil alam niya ito, Your Honor, dahil halos araw-araw magkasama kami noon at pina-follow up niya sa akin iyan.

MR. SANIDAD. Alam mo ba kung may na-release nga dahil doon sa request ninyo na nanggaling sa pondo ng Republic Act 7171?

MR. SINGSON. Noong malapit nang magtapos ang Agosto, Your Honor, mayroon nang mga notice na dumating sa probinsiya namin, hanggang dumating ang pondo sa Land Bank, Vigan. Tapos, may notice din sa probinsiya namin, Your Honor. Doon ko na lang nalaman na

may-release na nga, na dumating na iyong pondo sa probinsiya namin, Your Honor.

MR. SANIDAD. Tingnan ninyo itong Exhibit triple “O”. Iyong hinihingi ninyong release ng pondo ay P500 million. Iyan ho ba iyang buong amount na nai-release sa inyo?

MR. SINGSON. Hindi po, Your Honor. At sabi ni Secretary Diokno ay dalawang daan muna at saka na lamang iyong ibang susunod, sabi niya. So, two hundred muna ang naibigay, Your Honor.

MR. SANIDAD. Paano uli ninyo nalaman, Governor, kung

na-release na iyong pondo o hindi?

MR. SINGSON. Dumating po sa probinsiya namin, Your Honor, una iyong SARO, tapos ay may notice na nanggaling sa Land Bank. Ipinaalam naman sa opisina ko, Your Honor. Dumating iyong P200 million na pondo namin sa bangko.

MR. SANIDAD. Noong nalaman na ninyo na dumating na iyong pondo galing sa Republic Act 7171, P200 million, ano na ang nangyari?

MR. SINGSON. Noong nalaman ko na, Your Honor, nag-usap kami ni Atong Ang at sinabi niya sa akin na P130 million ang pinapasabi ni Pangulong Estrada dahil maraming babayaran, katatapos lang ng eleksiyon. Ikako, “Ang laki naman iyan.” “Hindi, marami pa naman iyan. Ako ang bahala at bilyon naman iyan. Kailangan tayo unang makapag-deliver para tayo ang pinakamalakas.” Iyon ang sabi ni Atong Ang, Your Honor.

MR. SANIDAD. Ano ang sabi ninyo?

MR. SINGSON. Noong una, tumututol ako, Your Honor, dahil pang-down nga sa equipment namin iyon. Pero sabi niya, agad-agad, tutal susunod pa iyong iba. Sa takot ko na hindi matuloy, Your Honor, pumayag ako.

MR. SANIDAD. Magkaano ho iyong….Noong una, iyong usapan ninyo ni Presidente, ikamo, ay 10% ng release. So, magkaano na itong hinihingi ni Atong Ang para sa Presidente?

MR. SINGSON. Hundred thirty million, Your Honor.

MR. SINGSON. Maliban kay Atong Ang at saka sa iyo, may iba pa bang taong nakakaalam nito?

MR. SINGSON. Si Jinggoy, Your Honor. Alam din ito.

MR. SANIDAD. Anong huling pinag-usapan ninyo? Sumang-ayon ho ba kayo na imbes na 10% na lang ay ibibigay iyong P130 million?

MR. SINGSON. Pumayag po ako, Your Honor, sa takot ko na hindi matuloy.

MR. SANIDAD. Noong pumayag na kayo, ano ang sumunod na nangyari?

MR. SINGSON. Gumawa na kami ng appropriation–board resolution para sa appropriation ng P200 million, Your Honor.

MR. SANIDAD. Sino ho ang gumawa ng board resolution?

MR. SINGSON. Provincial Board, Your Honor, at ako po ang nag-approve, Your Honor.

MR. SANIDAD. In-appropriate ang magkano ho?

MR. SINGSON. P200 million, Your Honor–P170 million iyong cash advance; P25 million iyong infrastructure; and P5 million for the postharvest facilities, Your Honor.

MR. SANIDAD. May binabanggit ho kayong cash advance. Sino ho ang nag-cash advance?

MR. SINGSON. Ako rin po, Your Honor, P170 million, Your Honor.

MR. SANIDAD. Para ano ho itong cash advance?

MR. SINGSON. Iyong P130 million, Your Honor, papunta kay Pangulong Estrada at pamilya niya; iyong P40 million para may makita na equipment na project sa amin, Your Honor. So, P130 million napunta kay Pangulong Estrada; P40 million sa supplier, Your Honor.

MR. SANIDAD. Sabi mo P130 million para kay Pangulong Estrada. Papano ho makakarating kay President Estrada itong cash advance ninyo na P130 million na para sa kaniya?

MR. SINGSON. Noong una po, Your Honor, ang usapan namin ni Atong Ang, cash na dadalhin. So, iyong cash advance ko, nagpagawa ako ng tseke, sinubukan ko po na i-cash iyon sa probinsiya. Sabi ng bangko hindi puwede. So, tinawagan ko si Atong Ang–hindi raw puwede, kailangan may supplier.

MR. SANIDAD. Ano ho ang ginawa ninyo?

MR. SINGSON. Nagbigay siya ng mga pangalan, Your Honor, na mga supplier, tatlong pangalan. At nagpagawa ako ng cashier’s check or manager’s check, Your Honor.

MR. SANIDAD. Natuloy ho ba na naibigay itong para kay President Estrada?

MR. SINGSON. Hindi rin, Your Honor, dahil sabi ni Atong matagal iyon dahil nagmamadali ang Pangulong Estrada. So pina-cancel ko iyon, Your Honor, at interbank transfer ang nangyari. The same person, Your Honor, iyong mga binigay ni Atong Ang na pangalan.

MR. SANIDAD. Sinasabi mo may tatlong pangalan na galing kay Atong Ang. Natatandaan pa ho ba ninyo kung ano itong tatlong pangalan na ito?

MR. SINGSON. Nakalimutan ko na, Your Honor. Pero noong nakita ko ang mga records, naalaala ko, Your Honor–Alfaro, Rajas at Eleuterio Tan.

MR. SANIDAD. Kilala ho ba ninyo itong mga tao na ang pangalan ay nanggaling kay Atong Ang?

MR. SINGSON. Hindi ho, Your Honor, pero alam ko na malalapit sa kaniya dahil nga malalaking amount iyong ipapangalan sa kanila.

MR. SANIDAD. Sabi mo, naalala mo iyong mga pangalan dahil tsinek mo iyong records. May katibayan ba na napunta nga diyan talaga sa mga pangalan na iyan iyong mga sinabi mong interbank?

MR. SINGSON. Meron, Your Honor. Noong nalaman ko na sa Land Bank, kumuha kaagad ako ng certificate dated September 29 yata iyon, Your Honor.

MR. SANIDAD. Ano ho ba ang partisipasyon ng Land Bank dito sa usapan na ito?

MR. SINGSON. Doon po manggagaling iyong pondong ini-withdraw namin, Your Honor.

MR. SANIDAD. Kung makita mo uli iyong certification galing sa Land Bank, makikilala mo kaya?

MR. SINGSON. Makikilala ko, Your Honor, dahil natatandaan ko iyong date.

MR. SANIDAD. Ipapakita ko sa iyo itong dokumento na namarkahan na ng triple “RRR.” Puwede ho ba ninyong sabihin sa akin kung ito iyong certification na tinutukoy ninyo?

THE PRESIDING OFFICER. Is that an original document, Atty. Sanidad?

MR. SINGSON. Original po ito, Your Honor.

MR. SANIDAD. Yes, Your Honor.

MR. SINGSON. Galing sa Land Bank. Nakapangalan po kay Alma Alfaro – P40 million; Delia Rajas – P50 million; Eleuterio Tan – P40 million; total of P130 million signed by the Branch Manager, Elizabeth Balagot, Your Honor.

MR. SANIDAD. May we just make it of record, Your Honor, that the entry referring to Alma Alfaro has been encircled in red ink and marked triple “RRR-1”; the entry referring to Delia Rajas has been encircled likewise in red ink and marked “RRR-2″. And the entry referring to Eleuterio Tan has been encircled in red ink and has been marked as “RRR-3″.

Governor, ipapakita ko uli sa inyo itong Exhibit “RRR”. May nabanggit kayo na mga amount na tinotal ninyo para maging

P130 million. Magkano ho ba yong amount na nakatuon doon kay

Alma Alfaro?

MR. SINGSON. P40 million, Your Honor.

MR. SANIDAD. Kay Delia Rajas?

MR. SINGSON. P50 million, Your Honor.

MR. SANIDAD. Kay Eleuterio Tan?

MR. SINGSON. P40 million, Your Honor.

MR. SANIDAD. Noong na-verify ninyo ayon doon sa certifica-tion na yon na yong pera ay napunta nga kina Alma Alfaro, Delia Rajas at Eleuterio Tan, ano ba ang sumunod na nangyari?

MR. SINGSON. Tinawag sa akin ni Atong Ang, Your Honor, na natanggap nila iyong pera. Nag-usap kami na magkita sa bahay ng nanay niya, Your Honor. Sa apartment ng nanay niya sa Mandaluyong, malapit sa Shaw Boulevard.

MR. SANIDAD. Mga kailan ho ito?

MR. SINGSON. Siguro ho mga katapusan na ng Agosto, Your Honor.

MR. SANIDAD. ‘Yong release, natatandaan ho ba ninyo kung anong buwan iyan? Yong release na galing sa DBM?

MR. SINGSON. Noong dumating ang pondo roon, Your Honor, siguro mga August 26 o 27 o 28, yong mga araw na iyon.

MR. SANIDAD. Noong tinawagan ka ni Atong Ang para maghantay doon sa bahay ng nanay niya, mga anong petsa na yon?

MR. SINGSON. Mga katapusan na siguro, Your Honor. Hindi ko maalaala yong date. After noong nai-withdraw iyong pera, siguro trenta o thirty-one, Your Honor.

MR. SANIDAD. Ng anong buwan ho?

MR. SINGSON. Ng August ho, Your Honor.

MR. SANIDAD. Anong taon ho?

MR. SINGSON. 1998, Your Honor.

MR. SANIDAD. So itong lahat nangyari sa iyo iisang buwan, Governor?

MR. SINGSON. Opo, Your Honor. Dahil nga nagmamadali raw si Pangulong Estrada kaya ang bilis ng release.

MR. SANIDAD. Sinabi mo, tinawagan ka ni Atong Ang para pumunta doon sa bahay ng nanay niya. Saan ho ba itong bahay ng

nanay niya?

MR. SINGSON. Sa Mandaluyong, Your Honor, malapit sa Shaw Boulevard.

MR. SANIDAD. Tinanong mo ba kung anong dahilan kung bakit pinapapunta ka roon sa bahay ng nanay niya sa Mandaluyong?

MR. SINGSON. Usapan na namin, Your Honor, na doon kami magkikita dahil doon namin aantayin iyong pera na pinaalis sa bangko.

MR. SANIDAD. Nagpunta ka naman?

MR. SINGSON. Nagpunta ako doon, Your Honor. Umaga pa lang nandoon na ako, mga bandang alas diyes.

MR. SANIDAD. Sabi mo nagpunta ka roon para antayin ninyo yong pera na pinakuha. Mga hanggang anong oras ka naghintay?

MR. SINGSON. Hapon na, Your honor. Kumain pa kami roon ng tanghalian . Natapos kami siguro mga four to five in the afternoon, Your Honor.

MR. SANIDAD. Sa pagkatanda mo, sinu-sino ang mga nandoon sa bahay na iyon?

MR. SINGSON. Yong nanay niya, Your Honor, mga kapatid at si Atong Ang.

MR. SANIDA. Sabi mo, pumunta kayo roon para mag-antay, may naantay ba kayo?

MR. SINGSON. Mayroon, Your Honor. Yong pera na sinasabi niya, naantay namin, Your Honor.

MR.SANIDAD. Papaano ho dumating itong pera na ito doon sa lugar na pinag-aantayan ninyo?

MR. SINGSON. Una po, Your Honor, may nakita na ako na pinasok sa mga kuwarto. Tapos, “Antayin pa natin yong mga iba,” sabi niya, Your Honor. So inantay pa namin yong mga iba. Noong sinabi sa akin na nakahanda na, tinawag na ako, Your Honor. “Nag-aantay na si Presidente,” sabi niya, Your Honor.

MR. SANIDAD. Ano ho ang intindi ninyo doon sa sinabi niya, “nakahanda na”?

MR. SINGSON. Ang pagkaintindi ko, Your Honor, dumating na lahat iyong pera, iyong P130 million at “Nakalagay na sa sasakyan,” sabi niya. So, “Inantay na tayo ng Pangulong Estrada.” So lumabas na kami, Your Honor. Bago kami lumabas sa garahe, sabi niya sa akin na sumakay na ako sa kaniya, sa kaniyang sasakyan, Your Honor.

MR. SANIDAD. Saan ho galing ulit itong perang ito bago dumating doon sa bahay ng nanay ni Atong?

MR. SINGSON. Sa bangko, Your Honor, dahil malapit lang doon ang bangko, iyong Land Bank at saka iyong Westmont Bank. Malapit na malapit sa kanila, Your Honor.

MR. SANIDAD. Natatandaan mo ba kung paano kinuha ito galing sa bangko o sino ang kumuha?

MR. SINGSON. Hindi po ako kasama, Your Honor. Pagkuha sa bangko ay naghintay lang ako sa bahay nila, Your Honor.

MR. SANIDAD. Ngayon, noong dumating na iyong sinasabi mong dumating na pera at sinakay na sa kotse, ano ho ang sumunod na nangyari?

MR. SINGSON. Tumuloy na kami, Your Honor, pero ni-request niya na doon na ako sasakay sa kaniya. “So, punta na tayo kay Pangulong Estrada,” sabi niya. Tumuloy na ho kami sa Polk Street, Your Honor, sa bahay ni Pangulong Estrada.

MR. SANIDAD. Iyong sinabi mong iyong perang inantay ninyo ay galing sa bangko. Paano ho ninyo alam na galing sa bangko iyong perang iyon?

MR. SINGSON. Matagal na naming hinihintay iyon, Your Honor. Iyon ang usapan naming. At sabi niya na pinapalit. Dahil, ang sabi niya, wala yatang cash na kasya sa bangko yata, Your Honor. So, matagal naming inantay.

MR. SANIDAD. Sabi niya, sumakay ka na sa kaniya. Ano ho ang ginawa ninyo?

MR. SINGSON. Sumakay na ako sa kaniya, Your Honor. Nagtuloy na kami sa Polk Street, sa bahay ng Pangulong Estrada.

MR. SANIDAD. Ilan ho kayo doon sa sasakyan niya?

MR. SINGSON. Dalawa lang kami, Your Honor, at sumunod na lang iyong sasakyan ko, Your Honor.

MR. SANIDAD. Ilang sasakyan ho ninyo ang sumunod?

MR. SINGSON. Isa lang, Your Honor.

MR. SANIDAD. Mga ilang tao ho ang nakasakay doon sa sasakyan ninyo na sumunod?

MR. SINGSON. Kundi tatlo, apat siguro, Your Honor.

MR. SANIDAD. Gaano ho ba kalayo o kalapit itong bahay ng nanay ni Atong Ang doon ho sa pupuntahan ninyong bahay ni Presidente Estrada?

MR. SINGSON. Kung walang trapik, Your Honor, mga 15 minutes siguro — 15 to 20 minutes.

MR. SANIDAD. Saan ho itong address ni Presidente Estrada na balak ninyong puntahan?

MR. SINGSON. Polk Street, Greenhills, Your Honor.

MR. SANIDAD. Nakarating ba naman ho kayo diyan sa address na iyan?

MR. SINGSON. Opo, Your Honor, pero bago kami dumating, sinabi ni Atong Ang na maraming tao. “Mabuti pa, Pare, bumaba ka muna para hindi mahalata itong dadalhin ko. Ipasok ko muna ito. Tapos, sumunod ka na lang.”

MR. SANIDAD. Ano ho ang ginawa ninyo?

MR. SINGSON. Pinagbigyan ko naman, Your Honor, dahil alam ko naman na matatanong ko rin kay Pangulong Estrada. So, bumaba din ako sa kanto, Your Honor.

MR. SANIDAD. Pagkababa ninyo sa kanto, ano ho ang ginawa ni Atong Ang?

MR. SINGSON. Napapanood ko, Your Honor, dahil hindi kalayuan iyong kanto at pinasok iyong sasakyan niya. Pumasok sa loob.

MR. SANIDAD. Loob ng alin ho?

MR. SINGSON. Loob ng bahay ng Pangulong Estrada, Your Honor. Noong nakapasok na, sumunod na rin kaagad ako, Your Honor.

MR. SANIDAD. Mga gaano ho katagal iyong pagitan pagkatapos mong makitang pumasok iyong sasakyan ni Atong Ang doon sa bahay ni Presidente Estrada bago ka sumunod din na pumasok?

MR. SINGSON. Siguro mga 15 minutes, Your Honor, dahil may nakilala ako roon na kinausap ko pa nang kaunti, Your Honor, bago ako pumasok.

MR. SANIDAD. Nakapasok ka ba doon sa bahay ni Presidente Estrada?

MR. SINGSON. Nakakapasok ako roon, Your Honor, dahil halos araw-araw noon na nagpupunta ako roon, Your Honor.

MR. SANIDAD. Pagpasok mo itong okasyon na ito, ano ho ang nangyari?

MR. SINGSON. Pagpasok ko, Your Honor, sa sala na unang-una nasalubong ko, sa living room si First Lady Loi Ejercito Estrada at nagpasalamat kaagad. Ang sabi niya, “Naku, Chavit, maraming salamat, talagang kailangan namin dahil katatapos lang ng eleksiyon.”

MR. SANIDAD. Ano ho ang pagkaintindi ninyo doon sa kung bakit nagpapasalamat si First Lady?

MR. SINGSON. Natanggap nila iyong pera, Your Honor, dahil wala naman kaming ibang dala kundi iyong pera.

MR. SANIDAD. Maliban kay First Lady, mayroon pa ho ba kayong ibang taong nakita roon sa loob ng bahay ni Presidente Estrada?

MR. SINGSON. Mayroon, Your Honor. Si Atong Ang at saka si Jinggoy, Your Honor. Hindi kalayuan, Your Honor. Hindi pa na-renovate iyong bahay nila noong araw, Your Honor. At sa hindi kalayuan, nandoon sila, Your Honor, nag-uusap.

MR. SANIDAD. Pagkatapos noon, ano pa ang sumunod na nangyari?

MR. SINGSON. Noong bumaba si Pangulong Estrada, nag-usap kaagad kami sa round table, sa bahay nila. At habang nagkukuwentuhan ho kaming dalawa lang, tinanong ko na kung magkano ang ibinigay ni Atong Ang. Ang sabi niya, “Sitenta. Seventy.” “P130 million iyong dala namin dito”, ikako. Nagalit kaagad at kinawayan niya si Atong Ang. At nagagalit na tinanong kay Atong Ang, Your Honor.

MR. SANIDAD. Ano ho uli itong perang pinag-uusapan ninyo?

MR. SINGSON. Iyong P130 milyon, Your Honor, na galing sa aming probinsiya, galing sa excise tax ng sigarilyo na na-release galing sa Republic Act No. 7171.

MR. SANIDAD. Magkano iyong inamin ni President Estrada na tinanggap niya?

MR. SINGSON. Sitenta, Your Honor.

MR. SANIDAD. Sabi mo kinawayan niya si Atong Ang. Ano ang sumunod na nangyari?

MR. SINGSON. Lumapit naman agad si Atong Ang, Your Honor, at nagagalit na ang Pangulong Estrada. Sabi niya: “Bakit sitenta lang ang ibinigay mo, 130 iyong ibinigay ni Chavit?” “Hindi, kasi ibinigay ko kay First Lady iyong beinte, kinse kay Jinggoy.” At saka in-explain niya iyong beinte-singko na napunta sa kanya. So, nagalit ang Pangulong Estrada. Sabi niya: “Bakit ikaw ang nagbibigay? Kung meron man para sa pamilya ko, bakit ikaw ang nagbibigay? Dapat ako ang nagbibigay.” So, nagalit, Your Honor.

MR. SANIDAD. Liwanagin natin ito, Governor. Nakita mo ba iyong pera na ipinasok doon sa bahay ni President Estrada?

MR. SINGSON. Hindi po, Your Honor. Pero inamin ng Pangulong Estrada, Your Honor.

MR. SANIDAD. Nakita mo rin ba na iyong pera, iyong P20 milyon na sinasabi ay inabot kay First Lady?

MR. SINGSON. Hindi po, Your Honor. Pero nagpasalamat si First Lady, Your Honor.

MR. SANIDAD. Nakita mo ba na inabot ni Atong Ang iyong P70 milyon kay President Estrada?

MR. SINGSON. Hindi, Your Honor, pero in-acknowledged. Sinabi ni Pangulong Estrada na pitumpo lang ang natanggap, Your Honor.

MR. SANIDAD. Balikan nga natin itong ano, Governor, itong P170 milyon, ‘ikamo, 130 itong pinag-usapan na natin na nai-deliver kina President Estrada. May diperensiya hong kuwarenta. Saan ho ba napunta ito?

MR. SINGSON. Napunta sa supplier, Your Honor, Mr. Nucho Saberio, Your Honor.

MR. SANIDAD. Supplier ho ng ano?

MR. SINGSON. Ng curing barn, Your Honor.

MR. SANIDAD. Para ano ho itong P40 milyon na napunta sa supplier?

MR. SINGSON. Supposed to be 170 iyan, Your Honor, nai-down payment namin sa kaniya, at P40 milyon na ang naibigay. At iyon muna ang inorder niya, Your Honor, iyong worth P40 milyon na curing barn, Your Honor.

MR. SANIDAD. Meron ba namang naitayo na curing barn na makikita natin na pinaggastusan nitong P40 milyon na ibinigay mo kay Mr. Saberio?

MR. SINGSON. Meron po, Your Honor. Si Pangulong Estrada mismo ang nag-inaugurate niyan noong birthday ko noong June 21, 1999 at kasama po si Senator-Judge, the honorable Senator-Judge Jaworski at si Secretary Angara, Your Honor.

MR. SANIDAD. Saan ho itinayo itong barn na ito na sinabi mong ini-naugurate mismo ni President Estrada?

MR. SINGSON. Sa bayan ng Sinaet, Your Honor, na ginagamit na ngayon iyong mga farmers sa tatlong bayan, Your Honor.

MR. SANIDAD. Itong Sinaet nasa Ilocos Sur ho?

MR. SINGSON. Ilocos Sur, Your Honor.

MR. SANIDAD. May katibayan ho ba kayo na totoo ngang nagpunta si President Estrada para i-inaugurate itong barns na ito na itinayo sa Sinaet?

MR. SINGSON. Meron, Your Honor. Meron akong dalang picture, mga litrato, Your Honor, kung….

MR. SANIDAD. Itong larawan, dalawang larawan, isa ay namarkahan na ng “PPP” at isa ay “QQQ”. Dito ho sa “PPP”, puwede ho ba ninyong sabihin kung ano ho iyong nailarawan diyan?

MR. SINGSON. Si Pangulong Estrada, Your Honor, at ako, Your Honor, saka iyong isa sa mga curing barn, Your Honor.

MR. SANIDAD. Dito ho sa larawan meron hong tao dito nakatayo dito sa likod ni President Estrada. Puwede ho ba ninyong sabihin sa hukuman kung sino ho ito? Kung nakikilala ninyo.

MR. SINGSON. Ako po, Your Honor. Ako po iyong nasa likod niya, Your Honor.

MR. SANIDAD. Ano ho itong tinitingnan ninyo dito sa larawang ito?

MR. SINGSON. Iyong curing barn, Your Honor, na dumating doon. At ito nga iyong diniliber muna, Your Honor, na parte nung maraming curing barn na supposed to be darating sa probinsiya namin, Your Honor.

MR. SANIDAD. Dito ho sa Exhibit “QQQ”, ano ho naman ang nakalarawan diyan?

MR. SINGSON. Iyong mga curing barn na iba, Your Honor, na dumating at makikita rito iyong mga tabako, Your Honor, na naluto na na computerized, Your Honor. Kaya makikita natin dito maganda ang luto ng mga tabako, Your Honor.

MR. SANIDAD. Operational ho ngayon ito?

MR. SINGSON. Operational ho, Your Honor. Malaking kaginhawaan sa mga farmers namin ngayon iyan, Your Honor.

MR. SANIDAD. Your Honor, the witness all along was referring to Exhibits “PPP” and “QQQ”.

Bumalik ho tayo doon sa cash advance ninyo, iyong P130 million. Iyon ho ba ay na-settle na?

MR. SINGSON. 170, Your Honor. Hindi pa ho, Your Honor.

MR. SANIDAD. Hindi pa. Ano hong ginawa ninyo dito sa 130 na sinasabi ninyong hindi pa na-settle?

MR. SINGSON. Pending po iyon, Your Honor. Pinagtakpan lang namin iyon, Your Honor.

MR. SANIDAD. Sino ho ang nagsabing pagtakpan ninyo?

MR. SINGSON. Ang Pangulong Estrada, Your Honor. Dahil panay ang request ko sa kanya hindi naman nakapag-release ng malaking halaga. Nag-release nga ng konti-konti, Your Honor. So hindi namin matakpan iyong 130. Dahil kung itatakip namin iyong sumunod, parang another problem, Your Honor. So hindi namin napagtakpan. Ang sabi niya, “Gawan n’yo muna ng paraan.”

MR. SANIDAD. Itong pagtatakip o cover-up na sabi niyang gawan n’yo ng paraan, papano ho ginawa ito?

MR. SINGSON. Iyong resibo noong P40 million, Your Honor, napakiusapan ko iyong supplier na gawin na lang na 170 habang hinihintay namin iyong pondo. Pagdating noong pundo, saka namin ibibigay sa kanya at ide-deliver din iyong iba, Your Honor.

MR. SANIDAD. Noon hong nag-umpisa tayo rito, nagbigay ho iyong dalawang panig ng opening statements. Si Atty. Mendoza sinabi niya tungkol mismo dito sa pinag-uusapan natin ngayon na Republic

Act 7171, lalo na iyong P200 million na nai-release. Sabi ho niya, kayo daw ho ay nagsinungaling, hindi lang nagsinungaling kung hindi nag-falsify ng 13 documents. Ano ho ang masasabi ninyo tungkol dito sa sinabi ni …

THE PRESIDING OFFICER. Mr. Counsel and the cross-examining counsel later on are requested to approach the bench to be accompanied by the other counsel on this issue now to avoid any objection later on.

MR. SANIDAD. Yes, Your Honor?

THE PRESIDING OFFICER. Yes, Atty. Sanidad.

MR. SANIDAD. May I proceed, Your Honor.

THE PRESIDING OFFICER. You may proceed. Are you going to withdraw the question?

MR. SANIDAD. Yes, Your Honor. For the record, may I be allowed to withdraw the last question I asked which was premised on the opening statements of counsels.

THE PRESIDING OFFICER. That is correct. And just for transparency, the two counsels were requested to approach the bench in order precisely to probably put an end to questions relating to confrontation of the witness on the basis of a mere opening statement. The latter is not a fact, and therefore, there is no basis yet to confront the witness about the same. So you wait for the appropriate time.

MR. SANIDAD. We most respectfully submit, Your Honor.

THE PRESIDING OFFICER. Thank you.

MR. SANIDAD. Governor Singson, sabi mo kanina ipinag-utos ni President Estrada na pagtakpan na muna ito o i-cover-up. Ano ho ang ginawa ninyo para nga i-cover-up ayon doon sa utos ni President Estrada?

MR. SINGSON. Iyon nga ho, Your Honor, pinagtakpan ko muna at nanghiram kami ng resibo para habang inaantay iyong pondo at pending naman iyon sa COA, Your Honor, ganon po iyong cash advance, pending iyong inspection nong COA. Pag nandoon na ang equipment, saka lang tatanggapin iyong resibo, Your Honor, at wala pa nga iyong mga equipment na kasunod noon kaya pending pa, Your Honor.

MR. SANIDAD. Dito ho sa P130 million na na-cash advance na napunta kina President Estrada, mayroon ho ba kayong kahit isang sentimo na tinanggap na kaparte?

MR. SINGSON. Wala po, Your Honor.

MR. SANIDAD. Itong cover-up na ito na sinasabi ninyo, nakalusot ba naman sa COA ito?

MR. SINGSON. Pending pa, Your Honor.

MR. SANIDAD. Noong tumestigo ho kayo noong nakaraang linggo, sinabi n’yo na pagkatapos noong sabi n’yong pagtatangka sa buhay ninyo noong October 3, 2000, at bago ninyo ibinulgar iyong mga nasabi na ninyo tungkol kay President Estrada noong October 9, marami hong tumawag sa inyo o nakausap ninyo sa telepono. Sinu-sino ho uli itong mga nakausap ninyo sa telepono?

MR. SINGSON. Unang-una, Your Honor, iyong anak, Your Honor….

THE PRESIDING OFFICER. Excuse me, there is an objection.

MR. FLAMINIANO. Mr. Chief Justice.

THE PRESIDING OFFICER. Is there an objection?

MR. FLAMINIANO. Yes, Your Honor, because that has been the subject of a stipulation that whatever has been testified to before will be adopted in this direct examination.

THE PRESIDING OFFICER. That is correct. The Chair has to….

MR. SANIDAD. That is why we are adopting it as the premise for the question, Your Honor.

THE PRESIDING OFFICER. Yes, you have adopted that already before, so it is covered already with the stipulation. You don’t have to repeat that.

MR SANIDAD. Okay.

MR. FLAMINIANO. Thank you, Mr. Chief Justice.

MR. SANIDAD. Thank you. It shortens, it makes my job easier.

You said that you talked to Atong Ang. Sabi mo nag-usap kayo ni Atong Ang dahil pinipigil kang ibulgar iyong nalalaman mo tungkol

kay President Estrada. Unang-una, ilang beses kayong nag-usap ni

Atong Ang?

MR. SINGSON. Maraming beses, Your Honor, at kung hindi ako nagkakamali, mga 20 times. Nakikiusap na huwag na lang ituloy at magkita kami ng Pangulong Estrada, ayusin na ang lahat at tatakpan na iyong P130 million, Your Honor, at lahat ng pangako ipinapangako na ni Atong Ang, Your Honor.

MR. SANIDAD. Ano ho iyong aayusin daw?

MR. SINGSON. Iyong….

MR. FLAMINIANO. Mr. Chief Justice, these are covered by the stipulations.

MR. SANIDAD. No, Your Honor, the previous testimony was on jueteng. This is on 7171. We are zeroing in only on that particular aspect.

THE PRESIDING OFFICER. Witness may answer. Meaning, the objection is overruled.

MR. SANIDAD. Can we have the last question read back, Your Honor?

THE PRESIDING OFFICER. Stenographer, kindly reread the question.

Louder, please. There is a microphone now, Caring.

THE STENOGRAPHER. [reading].

You said you talked to Atong Ang dahil pinipilit kang ibulgar ang… Ilang beses kayong nag-usap ni Atong Ang?

THE PRESIDING OFFICER. The witness may answer.

MR. SINGSON. Siguro, 20 beses, Your Honor, dahil madalas tumawag at sinasabi nga na mag-usap kami ni Pangulong Estrada. Maski sa Malacañang, maski na sa P. Guevarra at ayusin na lang lahat at tatakpan na iyong P130 million na nakuha nila, Your Honor, at ipinapangako lahat, pati lahat ng Bingo 2-Balls ibibigay pa raw. ‘Kako, “late na yata”, kako, “dahil huli at nakalabas na ako.” So patawag-tawag, Your Honor, hanggang… Yun, pagkatapos naming nag-usap ng Pangulong Estrada at saka iyong mga anak.

So ganoon po ang pakiusap nila, Your Honor, na kalimutan na ang lahat at aayusin ni Pangulong Estrada, tatakpan na lang iyong P130 million. Kako nga nung una e, “Paano ngayon iyong P130 million na napunta sa Pangulong Estrada?” “Babayaran, tatakpan lahat. Mabuti mag-usap kayo para mabalik din sa dati.”

MR. SANIDAD. Paano ho ninyo alam na si Atong Ang nga ang kausap ninyo doon sa telepono?

MR. SINGSON. Madalas kong kausap, Your Honor, at nasa akin iyong mga telepono niya at siya ang unang tumawag sa akin noon. Kaya nakita ko agad, lumabas iyong pangalan niya sa telepono.

MR. SANIDAD. Binanggit ninyo na tinawagan or nag-usap din kayo ni President Estrada. Iyon ba ay bago kayo nag-usap ni Atong Ang o pagkatapos na kayong mag-usap ni Atong Ang?

MR. SINGSON. Bago, Your Honor. Nag-usap muna kami ni JV at nakikiusap na sila na ayusin na lang lahat.

MR. SANIDAD. Sino ho itong JV?

MR. SINGSON. JV, iyong anak ni Pangulong Estrada, Your Honor.

MR. SANIDAD. Ano ho ang sinabi ni JV?

MR. SINGSON. “Kung maaari lang, ayusin na natin lahat,” at iyon ang pakiusap. So maya-maya tumatawag. Siguro every two minutes. Kaya yung anak ko, tinawagan din ako na, “Kung pwede mong sagutin daw iyong… Pwede mo raw tawagan si Presidente dahil pinagagalitan na si JV dahil hindi ka nagre-return call kay Presidente,” sabi niya.

MR. SANIDAD. Ano ang ginawa ninyo?

MR. SINGSON. So noong una, Your Honor, tinawagan ko rin

si Presidente.

MR. SANIDAD. Natawagan ho ba ninyo?

MR. SINGSON. Natawagan ko, Your Honor, nag-usap kami kaagad at sabi niya, hindi niya naasikasong mabuti yong problema noon at mainit ang ulo niya, maraming problema–iyong Abu Sayaff, saka si First Lady. So “Mabuti pa, pare, ayusin na nating lahat iyan.” sabi niya.

MR. SANIDAD. Ano ang pagkaintindi mo doon sa gusto niyang ayusin.

MR. SINGSON. Ayusin na, Your Honor, takpan na yung P130 million at ibalik na rin sa dati.

MR. SANIDAD. Paano ho ninyo alam iyong telepono ni President Estrada, sabi mo ikaw ang tumawag?

MR. SINGSON. Madalas kong tawagan, Your Honor, at nasa akin lahat yung telepono ni Pangulong Estrada.

MR. SANIDAD. Paano mo naman alam na iyong kausap mo doon sa kabila ay si President Estrada nga?

MR. SINGSON. Madalas ko pong kausap, Your Honor, kabisado ko naman ang boses.

MR. SANIDAD. Ilang beses ho kayo nag-usap ni President Estrada uli?

MR. SINGSON. Dalawang beses, Your Honor, yung pangatlo, siya na ang tumawag.

MR. SANIDAD. Ano ang pinag-usapan ho ninyo nung panga-lawang beses?

MR. SINGSON. Ganoon din, Your Honor, nakikiusap na huwag na akong tumuloy. ‘Kako, “Late na masyado dahil yong mga iniwan ko na mga affidavit sa mga abogado ay nakuha yata ni Senator Guingona,” ‘kako.

“Huwag kang maniwala doon,” at masama nga ang sinabi, eh.

MR. SANIDAD. Masama ang sinabi. Pwede hong pasabi? Sabihin ho ninyo kung, with the permission of Senator-Judge Cayetano. Sabihin ninyo. Ano ho iyong masamang sinabi kay Senator Cayetano? Guingona?

MR. SINGSON. “Huwag mong pakinggan iyong si Guingona at luku-luko iyon” sabi niya, Your Honor. ‘Ikako “Nakapagsalita na sa Senate. Sana noong hindi pa ako lumalabas”, ‘ikako. “Hindi. Puwede pang ayusin iyan. Ayusin mo na lang,” sabi niya. Iyon ang pakiusap, Your Honor.

MR. SANIDAD. Maliban ho kay Atong Ang at saka kay President Estrada mismo…. I withdraw the question.

Iyong pangatlong tawag, ano ho ang nangyari? Sabi mo si President Estrada na ang tumawag noong pangatlong beses na nag-

usap kayo.

MR. SINGSON. Ganoon din ang pakiusap, Your Honor, na ayusin na lang dahil ang pagkatanda ko ay out of town siya noon, Your Honor. So ganoon din ang pakiusap. At gusto ko ring ayusin ikako pero parang late na masyado at nakalabas na ako at nakakahiya na hindi ituloy. Pagkatapos noon, si Atong Ang naman ang tumawag, Your Honor.

MR. SANIDAD. Maliban ho kay Atong Ang at saka kay Presidente Estrada, sinabi rin ninyo noong nakaraang linggo na may iba pang taong nakiusap sa inyo. Iyong pakiusap ba ng ibang tao ay tungkol sa jueteng o tungkol dito sa Republic Act 7171?

MR. SINGSON. Sa jueteng at saka sa Republic Act 7171, Your Honor. Lahat ng kaso ayusin na. Gusto nilang maayos na lahat, Your Honor.

MR. SANIDAD. Kagaya ni Secretary Angara. Sinabi mo na nag-usap kayo. Ano ho ba ang pinag-usapan ninyo ni Secretary Angara tungkol sa 7171?

MR. FLAMINIANO. Mr. Chief Justice, we have to interpose an objection.

THE PRESIDING OFFICER. What is the basis for the objection?

MR. FLAMINIANO. This has been the subject of stipulation.

MR. SANIDAD. On jueteng, yes, Your Honor, but not on 7171.

THE PRESIDING OFFICER. The Prosecution is correct. It was on jueteng before so the objection is overruled. The witness may answer.

MR. SINGSON. Dalawa po iyong napag-usapan namin, Your Honor, noong nag-usap kami ni Secretary Angara: iyong tungkol sa jueteng at saka iyong 7171 na noong bagong labas ang Pangulong Estrada, kinunan din ako ng P130 million ‘ikako.

MR. SANIDAD. Sinabi rin ho ninyo na nakiusap si Mayor “Jinggoy” Estrada. Iyan ba ay may kinalaman din ‘yung sa 7171?

MR. SINGSON. Yes, Your Honor, dahil mayroon ding nakuha na P15 million.

MR. SANIDAD. Si Mayor Lim…. Si ano, Secretary Lim, sinabi rin ninyo na nakiusap sa inyo. May kaugnayan din ba iyan sa 7171, iyong pakiusap niya?

MR. SINGSON. Lahat, Your Honor. Lahat iyon, 7171 at saka jueteng, Your Honor.

MR. SANIDAD. Your Honor, allow me to go over my notes

and see if there are some loose ends that would need to be tied down.

Can I have a five-minute recess?

THE PRESIDING OFFICER. Would that be sufficient for you to tie the loose ends?

MR. SANIDAD. Ten minutes then, Your Honor.

THE PRESIDING OFFICER. It’s already 5:45. Anyway, we are supposed to have our regular break at 5:45.

MR. SANIDAD. Yes, Your Honor.

THE PRESIDING OFFICER. Why don’t we avail of the regular break?

The Chair now recognizes the Majority Leader.

SUSPENSION OF TRIAL

THE MAJORITY LEADER. Mr. Chief Justice, I move for a twenty-minute suspension.

THE PRESIDING OFFICER. The fifteen would be for the regular; the five would be for the Prosecution, as requested. Yes. Granted. Twenty minutes break.

MR. SANIDAD. Thank you, Your Honor.

It was 5:44 p.m.

RESUMPTION OF TRIAL

At 6:15 p.m., the trial was resumed.

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

Pimentel Jr., Senate President.

THE PRESIDING OFFICER. Trial is resumed.

Atty. Sanidad may proceed, and after,….I understand that you will be able to terminate the direct testimony, and after the termination of the direct testimony, the Presiding Officer will announce what the Defense and the Prosecution had agreed during a brief caucus.

MR. SANIDAD. If Your Honor please, we have no further questions on the witness. We are terminating the direct testimony.

THE PRESIDING OFFICER. So the direct testimony of the witness for the Second Article is now deemed terminated. The cross-examination for this witness on the Second Article and also in connection with his testimony on direct examination for the First Article will start on the second day of January 2001. Do you want it morning and afternoon, or only afternoon?

MR. SANIDAD. Afternoon, Your Honor.

THE PRESIDING OFFICER. The Prosecution is requesting for an afternoon, so the same time but we have to add one more hour. So, it would be 2:00 to 9:00 already; 2:00 to 9:00 because we decided to cancel the hearings on the 26th, 27th, 28th, and 29th on the clear understanding that we will have to make up by adding one more hour for our trials in the month of January. That was the understanding yesterday. So, one more hour because of what would be the result of an announcement after the termination of the direct testimony.

MR. MENDOZA. One more hour is eight o’ clock, Mr. Chief Justice.

THE PRESIDING OFFICER. No. The original setting was

2:00 to 7:00.

MR. MENDOZA. Yes, one more hour is until eight o’ clock.

THE PRESIDING OFFICER. Then we have one more hour in lieu of the cancellation of the hearings on 26, 27, 28, and 29 December. And now for the cross-examination, one more hour as a consequence of what you have agreed here just a few moments before we resumed.

Anyway, if you cannot physically sustain anymore the ordeal of a trial, I don’t think the Court will be so inhuman enough not to allow some kind of accommodation. But we will cross the bridge as soon as we come to it, when there is a need for it.

Yes, the honorable Senator-Judge Biazon.

SEN. BIAZON. There are some clarificatory questions that this representation wish to ask of the witness. Will this be done now that the direct had already been terminated or will it be on January 2?

THE PRESIDING OFFICER. January 2, Your Honor.

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

THE PRESIDING OFFICER. The witness is now excused to come back on the 2nd of January 2001 at two o’ clock in the afternoon. In the meantime, the Chair will make the announcements on what had been agreed upon by the Prosecution and the Defense during the brief caucus.

SEN. SOTTO. May I, Mr. Chief Justice?

THE PRESIDING OFFICER. Yes, the honorable Senator-

Judge Sotto.

SEN. SOTTO. Just a clarification on the question and answer given to Judge-Senator Biazon. The questions to the witness would be done after the cross-examination?

THE PRESIDING OFFICER. After the cross-examination.

SEN. SOTTO. But those who have not asked this witness yet, because there have been….the agreement was two minutes per witness. They did not say “per Article.”

THE PRESIDING OFFICER. And so, you will be entitled….In which case, therefore, each member of the Court will be entitled to a total of four minutes. Two minutes for the witness as a witness for Article I and two minutes for the witness as a witness for Article II. Because you will have a dichotomy of the witness.

SEN. SOTTO. I just want that clarified. Thank you, Mr. Chief Justice.

THE PRESIDING OFFICER. The honorable Senator-Judge Drilon.

SEN. DRILON. Yes. Mr. Chief Justice, at 4:30 this afternoon, this representation requested for a clarification and ruling from the Chair on the issue of the extended opinion that His Honor issued in relation to the matter of the materiality of the records referring to Jose Valhalla, Equitable-PCI Bank. The ruling of the Chair was that, our agreement was that the members of the Impeachment Court will have until 5:00 this afternoon within which to file a dissent, if any. And this is important because a dissent will require a votation of the entire Impeachment Court under Rule VI. It is now 6:21 in the evening. For the record, may we know from the Secretary if any dissenting opinion was filed on the Extended Order of the Chief Justice. May we know from the Secretary, Your Honor?

THE SECRETARY. So far….(inaudible)

THE PRESIDING OFFICER. We cannot hear you,

Mr. Secretary.

THE SECRETARY. So far, Mr. Chief Justice and honorable Senator-Judges, we have not received as of today, as of this hour any dissenting opinion, only concurring opinions.

SEN. DRILON. In the absence, therefore, of a dissenting opinion, Your Honor, as certified now by the Secretary, may I move that, under Rule VI, the Extended Order of the Chief Justice be now considered as a judgment of the Senate in accordance with the Rule VI.

THE PRESIDING OFFICER. Before doing that, Your Honor,

I should just like to make it of record that the Chair received a copy of the concurring opinion of the honorable Senator-Judge Juan M. Flavier.

Yes, Senator-Judge Rene Cayetano.

SEN. CAYETANO. Mr. Chief Justice, a motion has just been made by Senator Drilon, and I am pleased to second it because it is in accord with our consensus yesterday.

THE SENATE PRESIDENT. Mr. Chief Justice.

THE PRESIDING OFFICER. The honorable Senate President.

THE SENATE PRESIDENT. Is there a need for such a motion since the Rules specifically say that in the absence of any dissenting opinion, I mean the Rules….

SEN. DRILON. With due respect, Mr. President, I would now wish that an opinion, ruling be rendered because of the published statements in the newspapers which touched a certain degree of doubt as to whether or not this be now the judgment of the Senate and because of our agreement during the caucus that we have until five o’clock, until today within which to file a dissenting opinion.

THE SENATE PRESIDENT. Just this final comment, Mr. Chief Justice.

THE PRESIDING OFFICER. Yes, the Senate President.

THE SENATE PRESIDENT. I would certainly hate to see the day when after every ruling of the Chief Justice and there is no dissenting opinion, we have to affirm that judgment when as a matter of fact the Rules already say that the judgment is our judgment.

SEN. DRILON. Mr. President, this was our agreement during the caucus. That is the only reason why I am raising it now.

THE PRESIDING OFFICER. Yes, we recognize the honorable Senator-Judge Roco.

SEN. ROCO. Yes, I am not going to disagree; but, Mr. Chief Justice, from the beginning we were very clear that the moment the Chief Justice says anything and nobody disagrees, that becomes the ruling of the Senate. As it is though, so as of right now that is the ruling of the Senate. For myself, Mr. Chief Justice, I don’t want any dilution to that Rule. We have accepted and we have get our piece and so that is the Rule. Let me just finish. But whether we like it or not, there is a motion for reconsideration. And the Prosecution has asked for time to answer, but as of now, until there is reversal, the Rule is today, if we are concerned with the publicity. As of now, those documents will be opened because that is what the Chief Justice has said. No need for any affirmation, because I don’t want later on affirmations. Then we have a two-vote system.

So, that is, Mr. Chief Justice, if we can, leave it be. There are reconsiderations, of course, that is up to their counsels. But as of right now, that is the rule, except that pending reconsideration, I guess, we will have to listen to how it is finally resolved.

SEN. DRILON. Mr. Chief Justice.

THE PRESIDING OFFICER. Yes, the Honorable Drilon.

SEN. DRILON. As we earlier mentioned, there is a difference between the motion for reconsideration which will be filed or have been filed by the Defense and the dissent from a member of the Impeachment Court. Because under Rule VI, it is very clear that a dissent will, in fact, trigger a votation of the entire Senate.

And I would repeat, I would like to think that this was our agreement during the caucus a few days ago that we have until five o’clock today so that without any dissent having been filed, all that this representation is asking for is an affirmation that, in effect, under Rule VI this now becomes the judgment of the Senate without prejudice to the motion for reconsideration being filed by the Defense.

THE PRESIDING OFFICER. The honorable Majority Leader is recognized before I make a ruling on the motion.

THE MAJORITY LEADER. Mr. Chief Justice, I believe we can simplify the matter. The agreement in caucus among the senators is that we would have until today to study the extended order. And if there be any dissent, it should be filed so that a voting could not take place. Without any dissenting opinion, the ruling stands.

Now, if there is any necessity to affirm, I believe the Chair can simply say that there being no dissenting opinion from any Senator-Judge, the ruling stands.

Thank you.

SEN. DRILON. That is all that we are asking for.

THE PRESIDING OFFICER. May we hear first from the honorable Senator-Judge Miriam Defensor Santiago.

SEN. DEFENSOR SANTIAGO. Mr. Chief Justice, I respectfully oppose the motion on the ground that it is redundant, superfluous, tautologous and absolutely unnecessary. Thus, the rule is very, very clear. If no Senator objects, then the ruling of the Chief Justice is automatically the ruling of the entire Senate as an Impeachment Court. There is no need to file a motion and go into a votation because in that case, we might set the risky precedent that each time there is a ruling of the Supreme Court, we all need to vote on whether or not we object or support the ruling when, very clearly, the intention of our rules is to go to voting only when there is an objection.

THE PRESIDING OFFICER. Yes, anything…

SEN. DRILON. I am asking a statement from the Chief Justice. That is all.

THE PRESIDING OFFICER. The Presiding Officer will now make a statement.

Yes, Prosecutor Apostol, what is your pleasure?

MR. APOSTOL. Mr. Chief Justice, just a little administrative matter.

THE PRESIDING OFFICER. Let me finish first our work here. There is a pending incident. This incident cannot just be interrupted.

The Chair will make a statement which, at the same time, will be a ruling.

When there was an agreement to grant the members of the Impeachment Court time to study the extended order and to file a dissenting opinion not later than five o’clock this afternoon, the Chair made it very clear that the dissenting opinion will be considered as a motion to reconsider the ruling of the Chair. Since there is no dissent-

ing opinion, the ruling of the Chair therefore stands and that ruling, according to Rule VI of Resolution No. 68 of the Senate adopting

the Rules on Impeachment Proceedings, is actually the ruling of the Impeachment Court.

So, the only matter left would be the deliberation tomorrow on the standing motion to reconsider filed by the Defense, and if the Prosecution will file a motion for….rather, the opposition, the matter will be taken up tomorrow.

And now, some announcements on what the parties should agree.

Yes, Attorney Mendoza.

MR. MENDOZA. Perhaps I should not be interjecting any views on this. But in light of the ruling of the Chair, our motion for reconsideration would now be considered a motion for reconsideration of the ruling of the Senate as an Impeachment Court.

THE PRESIDING OFFICER. A ruling on what?

MR. MENDOZA. Would now be a motion for reconsideration of the ruling of the Senate as an Impeachment Court.

THE PRESIDING OFFICER. Obviously, because there was no motion to reconsider by any member of the Tribunal.

The parties had agreed during the brief caucus on the following:

The Prosecution will present the witnesses tomorrow and had taken the responsibility to call back those witnesses earlier announced, but who were not presented because of the presentation of Governor Singson;

In addition, another witness will be presented by the Defense,

Mr. Rufo Colayco; the subpoena ad testificandum was issued but it

was supposed to be for his appearance on the 22nd day in order that the three-day period, the three-day notice shall be observed; the Defense, however, had waived that notice. And so, it will be the duty of the Prosecution to produce said witness and the subpoena already signed will have to be modified as to the date of appearance from 22 to 20, and the Prosecution is directed to follow up the subpoena for appropriate service.

Was there anything else that you had agreed which the Chair may have forgotten?

SEN. ROCO. Yes, Mr. Chief Justice. I think there was a tentative agreement to try out examination and production of documents, and this will be very critical for hastening the process. And I thought that there was an agreement that immediately after we adjourn, considering that it is not yet seven o’clock, the lawyers, whoever they may wish, will now look at the Westmont or the United Overseas Bank.

THE PRESIDING OFFICER. Yes, we have agreed on that, too.

SEN. ROCO. Yes. And so by tomorrow we can have some assessment from the counsels on whether, in fact, the production of documents for….

THE PRESIDING OFFICER. They can make a report on that by tomorrow.

SEN. ROCO. Yes. Thank you, Mr. Chief Justice.

THE PRESIDING OFFICER. And finally, there was also a clear understanding that in the matter of request for issuance of subpoena duces tecum, the applicant therefore must specify the documents and there should not be any request, any blanket request for other documents, otherwise, the Presiding Officer, as the issuing authority, will not approve any request for a blanket request for certain documents not specifically specified therein, or a catchall request.

Yes, the honorable Senator-Judge Biazon.

SEN. BIAZON. Just some housekeeping concern, Mr. Chief Justice.

THE PRESIDING OFFICER. Yes.

SEN. BIAZON. In reference to the remark of the Defense Counsel on the filing of their motion for reconsideration, in relation to what he said as a Senate ruling, I think we should not be confused between the identity of the Senate and the Impeachment Court, because the two has two distinct differences in powers and functions.

So, for the record, I think that what the Defense Counsel might have been referring to is rulings of the Impeachment Court.

MR. MENDOZA. Perhaps I was not altogether clear, but I recall having said the Senate as an Impeachment Court.

SEN. BIAZON. Well, I heard the Senate.

MR. MENDOZA. Well, if….

SEN. BIAZON. Thank you, anyway, if that is clarified.

THE PRESIDING OFFICER. If there was some kind of communication gap, it should be corrected now.

SEN. BIAZON. Yes, Mr. Chief Justice.

THE PRESIDING OFFICER. Reference was made to the Senate sitting as an Impeachment Court.

SEN. BIAZON. For the Record, because I am very sure that in future times, we are setting a precedent here and some studies will be made of this proceedings in the future, and I think that point must be clarified. Thank you, Mr. Chief Justice.

THE PRESIDING OFFICER. Yes, thank you also for that point raised. This Impeachment Court will have its own Journal and will have its own record of the proceedings, distinct and separate from or independent of that of the Senate sitting as a Legislative Body.

Yes, Atty. Mendoza.

MR. MENDOZA. I am sorry, Mr. Chief Justice, but I think it is just a small matter. We also agreed that in this request for production of documents, the Prosecution will make some indication of the reason or as to the purpose.

THE PRESIDING OFFICER. As to the purpose. Yes. Even in the general way, at least, there should be some kind of indication of the purpose. So the Defense will be accordingly guided. And, perhaps, if the purpose is relevant, they will not even offer any objection. Meaning that all attempts should be done to avoid disagreement between the parties which will only cause delay in the prosecution of this case.

The Majority Leader….Yes, Prosecutor Apostol.

REP. APOSTOL. I was about to say a while ago about a little administrative problem that we are facing.

THE PRESIDING OFFICER. How big is the problem?

REP. APOSTOL. Little only.

THE PRESIDING OFFICER. Oh, a little only.

REP. APOSTOL. Yesterday, December 18, at four o’clock, we filed a request for subpoena for taking of depositions and also for witnesses for tomorrow. We have complied with the three-day notice because we furnished the other side a notice. At about six o’clock today, the Secretariat, especially, the Office of the Legal Counsel, are still drafting the subpoena for 13 individuals.

May we request and pray that the staff of the Office of the Legal Counsel be requested to stay overtime and to finish our request for subpoena. And early tomorrow morning, the same be sent. And in the meantime, I wonder if the Chief Justice will also sign our request for subpoena.

THE PRESIDING OFFICER. I am sure that the Legal Office will act accordingly. And I also hope that I would not be made to sign the request or the subpoenas late in the evening. I also need to rest.

REP. APOSTOL. Yes. Thank you very much, Mr. Chief Justice.

The other witness that we are still checking with the hospital on the condition of our witness, Raul de Guzman.

THE PRESIDING OFFICER. Yes.

REP. APOSTOL. If he will be physically fit to testify, is it possible that we can request immediately a subpoena from the Chief Justice?

THE PRESIDING OFFICER. Who will check on his physical capacity to testify? I think the Prosecution should take the proper

move. Inquire from the hospital if the patient would now be ready to appear and to testify.

REP. APOSTOL. Yes, Mr. Chief Justice. But we will be requesting the Senate doctor to check on the physical condition of

Dr. Raul de Guzman.

THE PRESIDING OFFICER. Just file the appropriate pleading for the purpose.

REP. APOSTOL. We will do that.

THE PRESIDING OFFICER. Thank you.

REP. APOSTOL. Thank you very much.

THE PRESIDING OFFICER. Yes, the Majority Leader now.

SUSPENSION OF TRIAL

THE MAJORITY LEADER. Mr. Chief Justice, I move that we suspend this Impeachment Trial until 2:30 tomorrow afternoon, without prejudice to our earlier agreed resumption at 10:30 concerning a specific incident pending before this Court.

THE PRESIDING OFFICER. Yes, meaning that the Impeachment Court will meet tomorrow for the continuation of the consideration of the incident on contempt at 10:30 in the morning. And for the trial proper, it would be at 2:30 in the afternoon.

Any objection to the motion? There being none, the motion is approved.

It was 6:38 p.m.