Estrada trial orders opening of Philippine bank records

Lawyers from both sides inspect a bag allegedly used to deliver kickback money to Estrada

December 15, 2000
Web posted at: 8:23 PM HKT (1223 GMT)

MANILA, Philippines (Reuters) -- Philippine President Joseph Estrada, on trial for corruption, suffered a setback on Friday when the Supreme Court Chief Justice ordered the unsealing of bank records prosecutors said could lead to his conviction.

The prosecution said the confidential documents in question included a copy of a check for 142 million pesos (about $3 million) which it said was used to buy a mansion for one of Estrada's mistresses.

Prosecutors said they believed the check was issued by Estrada using a fictitious name.

VIDEO The governor who brought charges against Estrada-- Luis Singson-- explains his case Play video (QuickTime, Real or Windows Media) Senate President Aquilino Pimentel-- a supporter of the prosecution-- talks with CNN's Maria Ressa Play video (QuickTime, Real or Windows Media)     AUDIO Listen to Maria Ressa reporting on the situation in the Philippines 536K/49 sec. AIFF or WAV sound     PROFILES Key players in the Estrada impeachment case     RESOURCES Follow a timeline showing President Estrada's recent political crisis     MESSAGE BOARD Estrada trial

Chief Justice Hilario Davide, presiding officer in Estrada's impeachment trial before the Senate, issued the order in open court over vehement objections from Estrada's lawyers, who said use of the bank records as evidence would violate his rights.

Davide, however, deferred the execution of his order until Monday to allow any member of the Senate to voice dissent.

If any of the country's 22 senators, who are acting as judges in the trial, objects to the opening of the documents which are in sealed envelope under Senate custody, the court judges can vote on the issue to either support or overturn Davide's ruling.

Presidential lawyer Estelito Mendoza said the delay on the opening of the sealed envelope would give Estrada an opportunity to appeal to the Supreme Court.

Equitable-PCI Bank surrendered the disputed documents to the impeachment court on Tuesday after the tribunal warned bank officials they could be prosecuted for contempt if they defied the order.

Besides the October 1999 check, the other documents turned over by the bank include a microfilm of the check, a specimen signature card and a photograph of the holder of the account on which the check was drawn.

Prosecutors said the check was made out to an Estrada associate, who was also a former presidential adviser on housing, who allegedly used the funds to buy a mansion later occupied by a woman whom Estrada has admitted is the mother of three of his children.

The prosecution has hired a British expert to examine the signature which it said bore "striking similarities" to Estrada's handwriting.

Prosecutor Wigberto Tanada said in the court debates that Estrada's lawyers were afraid of unsealing the documents because they might contain evidence damaging to the president.

"Could this not be the fruit of the poisonous tree?" he said.

A supporter of Philippine President Estrada shouts slogans beside an effigy of former presidents during a rally in front of the senate building in Manila on Friday

Earlier, the prosecution's star witness, provincial governor Luis Singson, finished his three days of testimony during which he produced what he said was a ledger of gambling pay-offs to Estrada which purportedly showed he handed the former movie actor protection money from illegal gambling at least 38 times in the past two years.

Singson said he delivered the sums -- totaling over 400 million pesos ($8.0 million) -- mostly at the presidential palace and once at one of Estrada's private homes where one of his mistresses and her son lived.

Over defense objections, Singson also testified that he and Estrada had played mahjong for high stakes in various private homes as well as in the Malacanang presidential palace and on the presidential yacht.

Singson, a former presidential ally, triggered the impeachment process when he told the media that he had handed Estrada monthly kickbacks from gambling. He also accused the president of skimming 130 million pesos of excise taxes intended for farmers.

Estrada will be removed from office if a two-thirds majority of the 22-member Senate convicts him on any of the charges.

Singson told the court on Thursday that Estrada had pleaded with him not to go public with his story but that he told the president: "It's too late."

Copyright 2000 Reuters. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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President Joseph "Erap" Ejercito Estrada
BAYAN Movement
Philippine House of Representatives

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