PROSECUTORS ASK SC TO REVERSE RULING ON PERJURY CASE VS ESTRADA: After
experiencing a series of defeats in their perjury case against ousted President
Joseph Estrada at the Sandiganbayan, state prosecutors on Thursday decided to
appeal to the Supreme Court to stop the Sandiganbayan's 1st Division from
continuing hearings on the perjury case.
The prosecution said it would file a petition for certiorari with the high
court to reverse two recent rulings of the 1st Division chaired by Presiding
Justice Francis Garchitorena, as well as seek a temporary restraining order
to stop the division from hearing the perjury case.
The prosecution is questioning Garchitorena's denial of its motion seeking
to include 51 more corporations in the information in the perjury case, after
the June 27 arraignment.
Another Garchitorena ruling being questioned is his rejection of the
prosecution's motion for Garchitorena to inhibit himself from hearing the
case, citing his alleged bias in favor of Estrada.
Prosecutor Raymundo Julio Olaguer said the Ombudsman would file the petition
for certiorari with the high court as soon as the 1st Division issues a
written resolution reflecting Garchitorena's decision made in open court last
Wednesday.
The 1st Division on Wednesday denied the prosecution's motion for
reconsideration seeking to reverse an earlier court ruling junking its
motion to amend for the third time the information in the perjury case.
Inquirer, 08/24/2001
SANDIGAN ORDERS ANEW ARREST OF ESTRADA 'COHORTS': Another warrant was issued
for the arrest of three persons also facing charges in the government's
plunder case against ousted President Joseph Estrada, Sandiganbayan Associate
Justice Anacleto Badoy Jr. said yesterday.
Badoy said the Sandiganbayan has issued an alias warrant of arrest for
businessman Atong Ang, accountant Yolanda Ricaforte, and Alma Alfaro, who
all remain at large and whose whereabouts are not known.
However, Badoy, chairman of the anti-graft court's 3rd division, told
reporters yesterday the arrest of four others has been set aside until they
can be identified.
The court's sheriff has 60 to 90 days to arrest the three, he added.
In a related development, Badoy told reporters yesterday former San Juan
Mayor Jinggoy Estrada must be returned to his detention place at the Veterans
Memorial Medical Center in Quezon City after doctors have completed his
treatment at the Makati Medical Center.
Badoy said Jinggoy can only be taken to the Veterans Memorial Medical
Center until the Sandiganbayan decides on his motion to be allowed to post
bail. Phil. Star, 08/24/2001
OUST ERAP GROUP BACKS CORPUS 'WAR' VS LACSON, NARCO-POLITICS: The well-heeled
crowd that was on the forefront of the campaign to oust former President
Joseph Estrada, has joined ranks behind Col. Victor Corpus, military chief of
intelligence, in his crusade against narco-politics.
Reminiscent of the early days of the Oust Erap movement, the newly organized
group Katotohanan (Truth) will hold a rally Thursday outside the Senate
building where Corpus will testify anew on his allegations that Sen. Panfilo
Lacson had amassed billions of dollars from the illicit drug trade.
"We are responding to Corpus' call to arms. We are here to express support
to his crusade," said retired Brig. Gen. Manuel Oxales, a member of the
Association of Generals and Flag Officers.
Corpus was guest of the Katotohanan open forum Wednesday evening at the
Ateneo de Manila University. It was a jampacked, strongly anti-Lacson crowd
of familiar faces --- the same crowd that attended the Jericho March at the
opening of Estrada's impeachment trial on Dec. 7, 2000, and sat daily inside
the Senate gallery during the hearings until the prosecutors'walk-out on
Jan. 16, 2001.
A stony silence befell the audience when Corpus admitted he could not pin
down Lacson on money laundering charges "because there is no law against
money laundering in the Philippines." He however said Lacson would go to
jail for the massacre of the Kuratong Baleleng members in May, 1996.
In the audience, among others, were party-list Rep. Loretta Ann Rosales
former interior and local government secretary Rafael Alunan, activist
Lingguy Alcuaz, Maan Hontiveros, retired generals Oxales and Pete Navarro
and Corpus' friends from his days as a rebel, Peter Mutuc and George
Baviera. Inquirer, 08/23/2001
CORPUS WITNESS TAGS ESTRADA, LACSON: They would meet at exclusive nightclubs
like Lexus or 24-hour eateries like Whistle Stop or in the membership club he
managed. Over dinner, businessman Charlie "Atong" Ang and Kuratong Baleleng
leader Renato Parohinog would openly talk about kidnapping operations in his
presence.
Appearing as military intelligence chief Col. Victor Corpus' surprise witness
43-year-old Danny Devnani said former President Joseph Estrada, incumbent
Sen. Panfilo Lacson and former San Juan Mayor Jinggoy Estrada were involved
with Ang and Parohinog in large-scale criminal activities such as kidnapping
for ransom and drug trafficking.
Devnani, an Indian national residing permanently in the Philippines, said
he had personal knowledge of their involvement in the illegal activities of
the Kuratong Baleleng; the "Edgar Bentain disappearance," and high-stakes
gambling in casinos.
Devnani presented himself as a member of former President Estrada's inner
circle. Devnani referred to the International Business Club, the new name
of Club 419 on Wilson Street in Greenhills, San Juan, as "my club." Under
questioning by Senate Minority Floor Leader Aquilino Pimentel Jr., however
he clarified that it was Estrada and Ang who put his name forward as club
owner. But the club is owned by Estrada, he said.
"I am here to testify about how these evil people work in our society,"
Devnani said at the resumption of the joint Senate hearing of the committees
on public order and illegal drugs and national security and defense. In his
three-page handwritten opening statement, he had written "devils," which he
then crossed out and replaced with "these evil people."
Devnani identified the other members of the group as policeman Edwardo
Villanueva, a.k.a. Edy Boy; Kuratong Baleleng No. 2 Jovel Arnan; Quinting
Llorente, alias "Totoy;" and Col. Carding Dapat of the Criminal Investigation
and Detection Group of the Philippine National Police. Arnan,he said, was
killed by Ang's men in 1997. Inquirer, 08/24/2001
BID TO WITHDRAW P211 MILLION ESTRADA FUNDS FOILED: The Ombudsman on Monday
reported that an attempt to withdraw the 211 million-peso funds of the
controversial Erap Muslim Youth Foundation from the Equitable-PCI Bank
branch in Ortigas Avenue had been foiled.
"I was informed that the bank did not allow the transaction. So I believe
the money is still there," Ombudsman Aniano Desierto said.
Desierto said an unnamed individual had attempted to withdraw the entire
amount, which is believed to have come from illegal gambling bribes and
forms part of the allegedly ill-gotten loot of jailed ex-President Joseph
Estrada.
The attempted withdrawal was made just days after Desierto filed a motion
to freeze the funds with the Sandiganbayan anti-graft court trying the
plunder case against Estrada.
Desierto, the lead prosecutor in the plunder case, has moved for the
garnishment of the funds to ensure that they remain intact once the court
rules that they are ill-gotten and thus should be forfeited in favor of the
state.
The Ombudsman said a bank official had tipped him about the attempt to
withdraw the funds at about 11:30 a.m. Monday. Desierto immediately ordered
Special Prosecutor Leonardo Tamayo to ask the Sandiganbayan to immediately
"freeze" the account.
Tamayo also furnished the bank with a copy of the motion for attachment
garnishment of the foundation's funds and of the 11 million-peso deposits in
five Equitable-PCI branches of Yolanda Ricaforte, the alleged Estrada-appointed
of the jueteng bribes.
Desierto has asked the bank to reveal the identity of the person who went
to the bank yesterday.
He said he was also awaiting the court's action on the motion to freeze.
Desierto said he expected the court to immediately issue a freeze order on
the questioned bank accounts to prevent any attempts to withdraw the funds.
"I expect the court to rule on it immediately. Maybe before 4:30 today," he
said.
But as of press time yesterday, the court had yet to issue a freeze order.
On Wednesday, the Ombudsman, justice department had jointly decided to go
after the Erap Muslim Youth Foundation funds and bank deposits in Ricaforte's
name.
The government believes that the funds and bank deposits came from jueteng
bribes, as former Ilocos Sur Gov. Luis "Chavit" Singson had testified.
Desierto said the government would also go after the so-called
"presidential mansions" and other properties of Estrada. Inquirer,
08/21/2001
POLICE SAY LACSON TASK FORCE SPIED ON ESTRADA FOES: The contents of a
seized computer hard disk show that despite official denials, the defunct
Presidential Anti-Organized-Crime Task Force (PAOCTF) headed by now Senator
Panfilo Lacson eavesdropped on prominent personalities during the
impeachment trial of former president Joseph Estrada, police officials said
Tuesday.
An arrested supplier also claimed to have witnessed PAOCTF members using
surveillance equipment to monitor former Ilocos Sur provincial governor
Luis "Chavit" Singson, a key witness against Estrada.
Police presented to the press on Tuesday three former PAOCTF members and
two civilian agents whom they arrested in an entrapment operation Monday,
when they also recovered monitoring and wiretapping devices reportedly sold
to the task force for 30 million pesos (about 575,000 dollars).
The equipment includes a computer disk that contained information showing
that Lacson and his men systematically monitored cellular phone calls of
the senators-judges, prosecutors from the House of Representatives and
opposition figures during Estrada's trial, according to officials.
Philippine National Police (PNP) chief Leandro Mendoza and senior
superintendent Reynaldo Berroya, former chief of the PNP Intelligence Group
and now police director for the Central Luzon region north of Manila
presented the suspects and the devices, which included what they said were
sophisticated cellular-phone monitoring devices.
They said the equipment was recovered during an entrapment operation at the
Discovery Suites on Ortigas Avenue in Pasig, where the Lacson's men and the
suppliers were trying to "resell" the devices for 24 million pesos.
Based on stored information retrieved from the computer's hard disk, which
he showed to reporters, Berroya said the devices were used to monitor Globe
and Smart mobile phone calls of lawmakers, members of the so-called United
Opposition against Estrada, military intelligence officers, journalists and
Singson.
The PNP is considering filing other criminal charges against the senator
and his aides for allegedly using government funds for "extra-judicial
operations".
Seized were pieces of equipment capable of monitoring and locating GSM
cellular phones and radio equipment, Berroya said. Inquirer, 08/22/2001
ESTRADA LAWYERS BLOCK FREEZE ON P211 MILLION: The attempt by lawyers of
jailed ex-President Joseph Estrada to block a freeze order on P211 million
the Erap Muslim Youth Foundation funds and P11 million in bank deposits of
Yolanda Ricaforte has puzzled government prosecutors.
Ombudsman Aniano Desierto said the defense had "no business commenting on
the motion unless they know for a fact that the questioned money belongs to
the former president."
The defense has asked the Sandiganbayan anti-graft court to allow them to
comment on the motion for attachment of the questionable funds and bank
accounts, a move which left Desierto, the lead prosecutor in the plunder
trial of Estrada, shaking his head.
The prosecution believes that Ricaforte's bank deposits in five Equitable-PCI
Bank branches, amounting to P11 million, also came from the jueteng bribes that
Singson allegedly collected for Estrada.
The foundation's funds are in an account at the Equitable-PCIBank's Ortigas
Center branch (P201.39 million) and another with the UCPB's Makati Avenue
branch (P10.09 million).
Desierto filed last Wednesday a motion for attachment, seeking to freeze
the foundation's funds and Ricaforte's bank deposits. The prosecution wants
to ensure that the funds are intact in anticipation of a future separate
civil action against Estrada for the forfeiture of the funds in favor of the
state.
It argued that the controversial deposits must be guarded against "the
possibility of (their) being withdrawn, concealed, removed or dissipated,
stashed away or disposed of." Inquirer, 08/19/2001
PROSECUTORS WANT ESTRADA ACCOUNTS SEQUESTERED: The prosecution panel in the
criminal cases against ousted President Joseph Estrada asked the Sandiganbayan
yesterday to issue a writ of preliminary injunction that would enable the
government to sequester his bank accounts deposited in other people's names
in several banks in Metro Manila.
In a six-page motion, Overall Deputy Ombudsman Margarito Gervacio said the
sequestration of Estrada's bank accounts and other properties is "urgently
necessary" because of the possibility that these would be "withdrawn,
concealed, removed or dissipated, stashed away or disposed of."
He said that Estrada and his co-accused, among them former first lady and
now Sen. Luisa Ejercito, former San Juan Mayor Jinggoy Estrada and Estrada's
lawyer Edward Serapio, were "public officers charged with plunder, a criminal
action which directly involves money and properties."
In another development, Estrada's lawyers have decided to reduce from P100
million to P20 million the libel suit the deposed leader will be filing
against military intelligence chief Col. Victor Corpus, and the publisher,
columnist and two editors of the Philippine Daily Inquirer who had accused
him of laundering drug money in foreign banks. Phil. Star, 08/17/2001
OMBUDSMAN DELAYS ESTRADA'S TEMPORARY RELEASE
INQ7.net, August 15, 2001
Ombudsman Aniano Desierto filed a motion for reconsideration before the
Sandiganbayan which allowed jailed ex-president Joseph Estrada to personally
file a libel case against military intelligence chief Colonel Victor Corpus
and the Philippine Daily Inquirer, a radio report said on Wednesday.
Desierto's petition was filed on Wednesday, preventing Estrada from filing
his libel suit on that same day. The Ombudsman was quoted as saying the
government will have to shell out 1.5 million pesos to secure the safety of
the deposed president.
In the same radio report, defense lawyer Rene Saguisag said Estrada would
have to reply to the Ombudsman’s petition first before he could be allowed
to leave his room at the Veterans Memorial Medical Center where he and son
Jinggoy have been detained over the last several months.
Justice Anacleto Badoy penned the Sandiganbayan decision that gave Estrada
one day to file his case at the appropriate court. Estrada lawyers maintained
that filing a libel suit requires the personal appearance of the accuser.
But Desierto countered that prosecutors for the libel case can simply go to
Estrada. Corpus' allegations that Estrada and Senator Panfilo Lacson have
stashed away multi-million dollar accounts here and abroad prompted the
ousted president to file the libel suit. The Philippine Daily Inquirer
published Corpus’ military intelligence report.
ESTRADA FILES P100 MILLION LIBEL SUIT VS CORPUS, INQUIRER: Jailed ex-President
Joseph Estrada on Wednesday directed one of his lawyers to file a 100-million
peso libel suit against military intelligence chief Col.Victor Corpus and the
INQUIRER even as the Ombudsman launched an inquiry into allegations that
Estrada and Sen. Panfilo Lacson had laundered millions of ill-gotten dollars
in the United States, Canada and Hong Kong.
Lawyer Cleofe Verzola yesterday said she would file the libel suit against
Corpus and the INQUIRER before Friday either in Pasig City, Quezon City, or
Mandaluyong City.
Corpus alleged in a report to President Macapagal-Arroyo that Estrada and
Lacson, his former national police chief, funneled 728.5 million dollars in
profits from drug deals, kidnappings and other criminal activities into joint
accounts.
If the inquiry establishes probable cause, Estrada and Lacson could face
criminal charges, Deputy Overall Ombudsman Margarito Gervacio said in a
television interview.
Both Estrada and Lacson have denied the allegations.
Inquirer, 08/09/2001
ESTRADA SAYS CORPUS SHOULD FOCUS ON MILITARY CONCERNS
INQ7.net, August 09, 2001
Former president Joseph Estrada said that Armed Forces intelligence chief
Col. Victor Corpus should address more pressing military concerns instead of
digging up exposès against political figures.
Estrada said in a radio interview that Corpus should use the intelligence
network at his disposal to neutralize the Abu Sayyaf bandits, and to solve the
country’s other problems such as criminality and terrorism. These problems
have "taken their toll" on the economy, he noted.
The ex-leader also cited the murders of Representatives Marcial Punzalan and
Rodolfo Aguinaldo by communist guerillas, and the alleged connivance of
military commanders with the Abu Sayyaf as among the "more pressing" matters
that the AFP intelligence should look into.
"It is not their job to hurl baseless accusations against political figures,"
Estrada said. "Corpus should use his intelligence machinery for purely military
purposes."
An INQUIRER report had named Estrada as a co-depositor of Senator Panfilo
Lacson in several questionable bank accounts in Hong Kong holding about 119
million dollars. It also said that Estrada has a Citibank account in Hong Kong
with deposits of 336 million dollars. Both Estrada and Lacson have denied the
reports.
ESTRADA WANTS TO BE ABSENT FROM CORRUPTION TRIAL: LAWYER
Agence France-Presse, August 08, 2001
Detained former Philippine leader Joseph Estrada would prefer to stay away
from his trial on the lesser of two corruption charges he is facing, his
lawyer said Wednesday.
Estrada sought the Sandiganbayan anti-graft court's permission to avoid
appearing in court during the trial for perjury, his lawyer Rene Saguisag
said.
While the court has indicated it may be doubtful that "someone in detention
could waive his appearance," Saguisag said Estrada has a right or an option
not to be present in a non-capital offense. "We just want to establish a
principle that he cannot be compelled to appear because after arraignment it
becomes a right or an option by the accused whether to show (up) or not,"
Saguisag said in a television interview.
He argued that "in a normal case" defendants are only required to appear in
court if "absolutely necessary" such as when taking the witness stand.
The court starts hearing evidence from government prosecutors on October 29.
It has entered a not guilty plea for Estrada, who has refused to plead.
Estrada would be the defense's only witness, the court has been told.
Prosecutors allege that Estrada perjured himself by misdeclaring his assets
and liabilities. Apart from perjury, Estrada is also charged with plunder, a
capital crime referring to massive corruption.
Estrada was ousted by a military-backed popular revolt in January and replaced
by President Gloria Macapagal-Arroyo, his vice president. He was arrested and
later detained at a military hospital north of Manila, but has maintained he
is innocent and that he was unconstitutionally removed from office.
Saguisag also said Estrada was not trying to delay the case, stressing that
in law a man accused should be given ample time to defend himself. "We hope
that the public understands that we are not out to delay this case, it's just
the way it is," he said, noting that even former Yugoslav strongman Slobodan
Milosevic's trial for war crimes at a UN tribunal was expected to commence
only next year.
ESTRADA SLAMS INTELLIGENCE REPORT ON HUSBAND, LACSON
INQ7.net, August 06, 2001
The allegation that Senator Panfilo Lacson and deposed president Joseph Estrada
stashed away about 728 million dollars in several foreign banks is designed
to divert public attention away from the bribery scandal that the First Gentleman
is being linked to.
Sen. Luisa Ejercito Estrada branded the latest accusations on her husband as
"diversionary tactic" as she vowed to step down as senator if the allegations
were proven correct. "The recent exposès are meant to douse water on the burning
issue of the bribery scandal involving Mike Arroyo," said Estrada.
At the same time, she challenged military intelligence chief, Col. Victor
Corpus, to resign if he can’t disprove doubts that the government is on a
"fishing expedition" with its three million-peso investigation. A joint
military and police team reported that Lacson and his wife Alice owned properties
in the US that they did not declare in their statements of assets and liabilities.
Estrada, the report said, also has 180 million dollars on his personal account at
Citibank in Hong Kong.
ESTRADA TRIAL STARTS OCTOBER: Deposed President Joseph Estrada was ordered
to appear for trial on perjury charges in late October, but the prosecution
suffered a setback Thursday in early courtroom skirmishing.
Presiding Justice Francis Garchitorena, accused of bias in favor of Estrada
rejected a government plea that he withdraw from the case. He ordered Estrada
to appear in court for the start of the presentation of the government's
evidence on Oct. 29-31.
Defense lawyers told the court that Estrada, who was ousted in a popular
uprising in January, would be their only witness. Prosecutors had argued that
Garchitorena was biased against them and had shown signs of pre-judging the
case when he said in a hearing in June that the prosecutors did not have enough
evidence.
Based on this statement, "there is already a pre-judgment. This case will not go
anywhere except (toward) an acquittal,'' private prosecutor Arno Sanidad said.
Prosecutors charged that Estrada had only declared some P35 million in cash
and assets in a statement he filed in 1999 required by law of high government
officials. The prosecution, however, said it has evidence of hidden bank accounts
and shares in large corporations proving that Estrada's wealth was much larger.
Estrada also faces the more serious charge of plunder, punishable by death.
One of Estrada's lawyers, former justice secretary Serafin Cuevas, was
disqualified from registering as part of the defense team. Garchitorena cited
rules barring retired justice officials who are receiving government pensions
from handling criminal cases of public officials.
The pretrial hearing Thursday was intended to mark evidence to be used in the
perjury trial and to agree on stipulations such as the common definition of
terms. The marking had to be set to another date, however, after the prosecution
and defense failed to agree on accepting evidence allegedly showing Estrada's
shares in five corporations.
The court also thrashed the government prosecutors for coming "unprepared" and
for failing to subpoena bank documents which would have provided evidence of five
new bank accounts worth P73.8 million allegedly belonging to the ousted leader.
The revelation of the five new bank accounts, aside from the controversial
"Jose Velarde" account worth P1.17 billion, came at the end of the three-hour
hearing that started at 8:30 a.m. The five accounts, supposedly under Estrada's
own name, include three at the Security Bank worth P11.3 million, one at Asia
United Bank worth P571,000, and another at Keppel Bank worth P62 million.
Inquirer, 08/03/2001
JUDGE ASKED TO WITHDRAW FROM ESTRADA PERJURY TRIAL
Agence France-Presse, August 01, 2001
Government lawyers have asked a judge to withdraw from one of the lesser
corruption charges against deposed president Joseph Estrada, a senior
prosecutor said Wednesday.
Deputy Ombudsman Margarito Gervacio said they filed a motion asking
Sandiganbayan anti-graft court presiding judge Francis Garchitorena to
withdraw from the perjury case against Estrada.
"For some time we could feel he had had a bias against the prosecution,"
Gervacio said over Radio Mindanao Network. He alleged that the judge suggested
the bias by refusing to have the perjury case folded into the main case of
plunder, a crime punishable by death. Another Sandiganbayan judge is in
charge of the plunder trial.
Estrada in June refused to plead to charges that he committed perjury by
making a false declaration on the size of his assets. Last month he also
refused to plead to charges that he plundered a personal fortune of 80
million dollars during his 30 months in office.
The judges had the court clerk enter not guilty pleas in both cases.
A popular revolt drove Estrada from power in January, and he was arrested in
April. Garchitorena, who has not reacted to the prosecution motion, is
scheduled to summon the defense and prosecution lawyers to his chamber on
Thursday to agree on means of speeding up the conduct of the perjury trial.
A similar pre-trial conference is scheduled for the plunder case next month.
NO CONSOLIDATION OF ESTRADA'S PERJURY, PLUNDER CASES: The Sandiganbayan
rejected yesterday the plea of the prosecution panel to consolidate the
plunder and perjury cases filed against former President Joseph Estrada.
In a 21-page resolution, the anti-graft court's first division chaired by
Presiding Justice Francis Garchitorena, said prosecutors failed to justify
that the perjury case was inter-related with the capital offense of
plunder.
Garchitorena said the character of unreported wealth — whether ill-gotten
or not — is irrelevant to the charge of perjury, prosecution of which only
needs to prove a falsehood in a sworn statement.
"Indeed, no assertion is made — whether in the original or amended information —
as to the character of the unreported wealth. Under Section 183 of the Revised
Penal Code and according to the text of the information, it is sufficient to
show what accused Estrada was worth as of Dec. 31, 1999," he said.
The perjury case, filed by Ombudsman Aniano Desierto, stemmed from the former
leader's alleged misdeclaration of his 1999 statement of assets and liabilities
where he claimed his net worth was only P35.8 million.
Prosecutors claimed he has more than the amount on hand, in banks as well
as in various corporate holdings.
In its motion, the prosecution said a consolidation would "conserve the
resources of the court and of the parties, prevent delays and obviate
harassment of witnesses in repetitious cross-examinations."
However, Garchitorena said the justification was not valid for the
consolidation of the cases.
Meanwhile, the prosecution panel asked all members of the anti-graft court's
first division to inhibit themselves from further handling the perjury case.
In a five-page motion, special prosecutor Raymundo Olaguer said they expect
an acquittal if Garchitorena, Associate Justices Catalino Castaneda and
Gregory Ong continue to handle the case.
Olaguer claimed the three have shown their bias in favor of Estrada and his
lawyers during proceedings prior to the former leader's perjury arraignment
last June 27.
Olaguer said their order to change the wording of the criminal charge sheet
had jeopardized the panel's chance to include in the case some 62 companies
where Estrada is believed to have business interests. Phil. Star,
08/01/2001
