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7:29 p.m.
Senate Majority Floor Leader Francisco Tatad moves that the trial be declared in recess till 2 p.m. tomorrow.
The 13th day of the Estrada impeachment trial comes to an end.
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7:27 p.m.
Defense counsel Mendoza asks that they perform cross-examinations of witnesses tomorrow.
Davide asks prosecution if they are amenable to defense’s suggestion.
``No objection, your honor, especially since the majority floor leader is looking at me,’’ Prosecutor Apostol says.
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7:25 p.m.
Prosecution rests.
Davide asks defense for cross-examination.
Defense counsel Flaminiano says that consistent to their objection, there is no materiality of witness Curato’s testimony, so defense has no cross-examination.
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7:18 p.m.
Witness Curato verifies other documents, and says all these were signed by the President in his presence.
Prosecutor Poblador shows Curato Exhibit XXX. Says this was the last document Clarissa Ocampo got, the last document signed by the President -- the authority to debit the Velarde account.
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7:12 p.m.
Witness Curato says Ocampo was seated right next to the President, and Curato was seated to the left of Ocampo, a seat away from the President.
Curato testifies that President Joseph Estrada signed the documents in the name of Jose Velarde.
Prosecutor Poblador shows Curato evidences, asks witness to verify if these were the same documents he was referring to. Witness Curato verifies that these were indeed the signatures -- Jose Velarde -- signed by the President himself.
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7:09 p.m.
Prosecution qualifies witness Curato. Curato says he is first vice president and general counsel of Equitable PCIBank.
Curato testifies that on Feb. 4, 2000 he was at Malacañang with Clarissa Ocampo to have documents signed by President Estrada. He says that Aprodicio Laquian and Fernando Chua were also there. Witness Curato says the President signed the documents in their presence.
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7:07 p.m.
Defense counsel Jose Flaminiano makes a manifestation that they object to the offer of the prosecution in introducing witness Curato. Flaminiano says defense has objected to the testimony of Ocampo, and that they reiterate the same objections to the testimony of Curato.
Davide notes continuing objection.
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7:05 p.m.
20th witness, Manuel Curato, is sworn in. He takes the stand.
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7:03 p.m.
Presiding Judge Davide asks prosecution to continue. Prosecution calls on Atty. Manuel Curato as next witness. Defense objects, says they were expecting Ilocos Sur. Gov. Luis Singson as the next witness.
Davide says the testimony will only be corroborative of Ocampo’s testimony, so he allows it.
Witness is called across the session hall.
Prosecutor Poblador says he will take only 20 minutes.
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7:01 p.m.
Senator-judge Franklin Drilon takes the floor, saying that five days after witness Ocampo’s claim that the Dichaves documents were signed, a letter was received by the Senate -- a letter from Jaime Dichaves claiming that he was the owner of the account.
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7:00 p.m.
Senator-judge Sergio Osmeña takes the floor, asks if he can ask Prosecutor Arroyo some questions. Davide denies request since, like Mendoza, Arroyo was merely making a manifestation.
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6:59 p.m.
Presiding Judge Davide notes that the manifestation of Mendoza will not be admitted as evidence. Arroyo rests.
Senator-judge Guingona asks the chair if he can ask Mendoza some questions. Davide denies request, saying Mendoza was just making a manifestation.
``This is the second time I am struck out,’’ says Guingona.
Davide apologizes but says the chair will have to make such decisions.
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6:56 p.m.
Defense counsel Mendoza says he just wanted to make his manifestation since the allegations of witness Ocampo were televised nationwide.
Prosecutor Arroyo takes the floor, says that while he sympathizes with Mendoza, no one is accusing him. Ocampo was just answering questions from senator-judges.
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6:55 p.m.
Senate President Pimentel asks Mendoza ``Why did you allow Dichaves and Go in your office in the first place?’’
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6:52 p.m.
Witness Ocampo is still on the witness stand, Mendoza addresses his words to court and Ocampo.
Defense counsel Mendoza rests. Prosecutor Joker Arroyo takes the floor.
``I can understand the concerns of Mr. Mendoza, but that is his problem,’’ Arroyo says.
Arroyo says Mendoza’s statement is not under oath. ``So what is the value of the statements of Mr. Mendoza?’’
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6:49 p.m.
Mendoza says many people have been telling him to withdraw from the case, but he is sticking it out being a lawyer for many years.
``Let me state clearly and categorically that I had no participation at all in regard to this trust account. As far as my appearance in this case, I can withdraw anytime, but I have a function and duty to perform. If the President will allow it, I am prepared to withdraw from this case, however I am not one to withdraw from a case. But let it be clear that I am not withdrawing from the case on the basis of allegations of impropriety,’’ Mendoza says.
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6:44 p.m.
Mendoza says George Go, former chair of Equitable, came to his office without an appointment. Not long after that, he says, Jaime Dichaves arrived.
Mendoza says he allowed the gentlemen to use the adjoining room. At the hall, he says, he saw witness Clarissa Ocampo.
``I have absolutely no knowledge about this trust agreement entered into by Jose Velarde and the bank,’’ Mendoza says. ``No document was signed by Mr. Dichaves while I was in the room.’’
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6:42 p.m.
Davide grants manifestation of Mendoza who says he is speaking on his own behalf and not in behalf of the defense.
``This affects my dignity and standing in the profession,'' Mendoza says.
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6:39 p.m.
Senator-judge Vicente Sotto asks the chair if he could raise questions tomorrow. Davide says yes.
Chair recognizes defense counsel Estelito Mendoza. Mendoza says his manifestation should be made today since media are now speculating on the allegations of witness Ocampo. To make his statement tomorrow after the senator-judges would be unfair, he says.
Senator-judge Roco waives his question for tomorrow to allow questioning to finish today.
Senator-judge Sotto also asks to be allowed to direct ``layman questions'' to the witness today instead of tomorrow.
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6:38 p.m.
Presiding Judge Davide directs the attention of senator-judge Santiago to the time limit.
Santiago rests.
Davide recognizes Guingona, but backtracks since Guingona had already asked a question.
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6:34 p.m.
Santiago asks Ocampo if, at the time the Dichaves documents were being signed, the anti-Erap movement was already afoot. Ocampo says yes.
Santiago says that when the campaign to remove the President was already gaining ground, a man (Dichaves) was willing to be a fall guy, but there was no deed of assignment since the President did not want anyone to take the fall for him.
``Audience, this is not entertainment,'' Santiago then says after hearing reactions from behind her.
Davide reminds audience to observe order.
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6:30 p.m.
Senator-judge Miriam Defensor-Santiago is recognized.
Senator-judge Santiago asks if she is close to the President. Ocampo answers in the negative.
She asks if the President ever bothered to explain if the money was from campaign contributions from corporate donors. Ocampo answers in the negative.
Santiago reads Bangko Sentral ng Pilipinas circular that anonymous accounts or those with fictitious names should not be allowed. Santiago asks if Ocampo bothered to follow this circular from the time she alleges that the President signed the documents in Feb 3, 2000 till she testified.
Ocampo answers in the negative.
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6:28 p.m.
Pimentel asks Ocampo if instruction letter from Mrs. Bagsit (Exhibit XXX) was covered by a cheque.
Ocampo says she will confer with bank if they can get the pertinent documents.
Pimentel rests.
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6:27 p.m.
Roco rests, makes a reservation for tomorrow when witness Ocampo brings further documents.
Senate president Pimentel takes the floor, asks witness Ocampo to look at Exhibit XXX.
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6:25 p.m.
Senator-judge Roco asks witness Ocampo if she think the defense is surprised by her presence in court and what she knows.
``The Dichaves document was signed at the office of Atty. Mendoza so I think they would not be surprised,'' Ocampo says.
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6:20 p.m.
Senator-judge Raul Roco is recognized.
Witness Ocampo testifies that Jaime Dichaves asked her ``Is William (Gatchalian) paying? I she updated?''
Roco asks Ocampo if she could see Mr. Dichaves in the courtroom at the moment.
Ocampo looks around and says she doesn't see him around.
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6:18 p.m.
Senator-judge Coseteng asks if the external counsels the bank conferred with are regularly retained by the bank. Witness Ocampo says they are retained for that particular trust account.
Coseteng rests.
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6:15 p.m.
Senator-judge Anna Dominique Coseteng is recognized. She asks witness Ocampo if she sought the approval of the account owner prior to bringing them to court.
Prosecution objects, objection is overruled since Davide says Ocampo is competent to answer the question, being a bank SVP.
Ocampo says since this was an impeachment trial against the President, and since the account owner is the President, she thought it would be exempt.
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6:11 p.m.
Senator-judge Aquino-Oreta asks if witness Ocampo would have testified on her own volition and present the documents on Dec. 22 without a subpoena.
Ocampo answers in the affirmative, and that she brought the documents with the consent of the bank and its counsels.
Senator-judge Aquino-Oreta asks if she broke bank confidentiality when she brought forward the documents to court.
Prosecution objects, objection is overruled.
Ocampo says external counsels said it would be okay to present the documents. Aquino asks who these external counsels are, and Ocampo says it was Mario Bautista (prosecutor).
Aquino says ``Oh, I see,'' the rests.
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6:10 p.m.
Drilon rests.
Senator-judge Tessie Aquino-Oreta is recognized.
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6:05 p.m.
Senator-judge Franklin Drilon is recognized. Asks where the second set of documents were.
Ocampo says the first set was to have been kept as a dormant file if they were able to implement the assignment from Velarde to Dichaves.
Drilon refers to Exhibit XXX.
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6:03 p.m.
Witness Ocampo says that Mendoza's daughter was her friend in college, when she was still Clarissa Grey.
Flavier rests.
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6:00 p.m.
Flavier asks Ocampo about the involvement of Estelito Mendoza in the transaction.
Mendoza enters court as Flavier is talking
``I'm glad he (Mendoza) is coming in at the right cue,'' Flavier says.
Ocampo says she does not know the involvement of Mendoza or whether or not they were just using Mendoza's office for the Dichaves signing.
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5:58 p.m.
Flavier asks witness Ocampo about the second investment management documents. He asks Ocampo if Dichaves would technically be the real owner of the account had the endorsement from Jose Velarde been forwarded.
Ocampo says yes, but they would take it to an external counsel first.
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5:55 p.m.
Trial resumes, senator-judge Juan Flavier is recognized.
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5:35 p.m.
Prosecutor Joker Arroyo asks that witness be accompanied to the comfort room.
``Somebody should accompany the witness -- that would be the problem of almost everybody anyway,'' says presiding judge Davide, then declares the session suspended for 15 minutes.
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5:34 p.m.
Defense counsel Estelito Mendoza takes the floor, makes manifestation. Asks that he should be allowed to ask questions. Presiding Judge says it would be proper after all the questions of the senator-judges.
Senate Majority floor leader Francisco Tatad is recognized. Tatad moves that session be suspended for 15 minutes.
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5:31 p.m.
Biazon asks witness Ocampo how she ended up at office of (defense counsel) Atty. Estelito Mendoza. She says she was instructed to go to a certain building (Prada Street) and looked for Mr. Dichaves, but guards said there was no Mr. Dichaves there, but she went up and saw Dichaves, George Go and Atty. Mendoza.
Witness Ocampo testifies that Jaime Dichaves signed the second set of documents under his name, but the investment management documents were not implemented because the principal was really Jose Velarde, and they needed a directional letter from Velarde which never came. She says this happened on Dec. 13, 2000.
Biazon rests.
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5:26 p.m.
Chair recognizes senator-judge Rodolfo Biazon.
Biazon asks about the second set of investment management documents for Jaime Dichaves.
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5:21 p.m.
Witness Ocampo continues to testify that Atty. Fernando Chua told her that he had already brought the investment management matter to the senior management of the bank, and reminded her that she should ``protect the President.''
Senator-judge Renato Cayetano asks one final question: ``Do you still fear for your life?''
``Yes, I do,'' witness Ocampo says.
``Why?'' senator-judge Cayetano asks.
``This is the government. This is Malacañang. You don't know what they can do, especially after the (Dec. 30) bombings. It's very difficult to be hiding when I'm just saying the truth,'' Ocampo says.
``Well, we'll pray for you,'' Cayetano says, then rests.
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5:16 p.m.
Senator-judge Renato Cayetano takes the floor. Asks witness Ocampo how far she was from the witnesses who signed the investment management document.
Ocampo says it was a big round table, and that she was close to all signatories. She says the President used his left hand to sign the documents.
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5:11 p.m.
Senator-judge Leviste asks witness Ocampo what prompted her to testify. Ocampo says there were three reasons:
1) she saw the President sign Jose Velarde
2) she says Atty. Chua remembers that she was there, so she was afraid for her life and security of her family
3) there was an instruction from (Equitable PCIBank chair and presidential friend) George Go to prepare another set of investment management documents. This second set was to be made for a certain Jaime Dichaves. She says the signing was on Dec. 11, and it was done at the office of Atty. Estelito Mendoza (defense counsel), to transfer from Jose Velarde to Jaime Dichaves.
Leviste rests.
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5:08 p.m.
Senator-judge Leviste asks witness Ocampo about former Secretary Aprodicio Laquian. Ocampo says she did not talk with him, and that the signing was over in only 10 minutes.
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5:05 p.m.
Witness Ocampo says she had the President sign only the documents that would be relevant.
Senator-judge Leviste asks if she has the originals, witness Ocampo says she already gave them to the prosecution.
Ocampo says Atty. Curato and he just looked at the debit/credit authority and saw it was consistent so they decided to continue with the transaction.
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5:02 p.m.
Witness Ocampo reiterates that she had no idea who would sign and under what name the investment management agreement would be signed, and that she found out that it would be the President only an hour before the actual signing.
Ocampo says the document was confidential, referred to only as C-163 and not by the account name. Ocampo says she pulled out a lot of the documents since the President doesn't want to sign too many papers.
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4:58 p.m.
Senator-judge Leviste asks who instructed Ocampo to go to Malacañang. Witness Ocampo says Atty. Manuel Curato asked her to go to the Palace, and says that she assumed she would probably meet the President.
Witness Ocampo says the documents were already prepared, and the numbers were just filled in. She testifies that the amount of P500 million and her name were already typewritten on the document, the names of Jose Velarde and those of the other witnesses were typewritten in later after the signing.
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4:55 p.m.
Ocampo continues to testify that she was told that the President does not want to sign too many documents.
Ocampo says she saw the President sign the documents because she pulled it out of the envelope and had him sign it.
Senator-judge John Osmeña rests.
Chair recognizes senator-judge Loren Legarda-Leviste.
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4:47 p.m.
Senator-judge John Osmeña takes the floor. Calls court's attention to several Exhibits. Osmeña clarifies some identification marks to the Jose Velarde account, notices that the account number is computer-generated.
Senator-judge John Osmeña asks that documents be marked as exhibits of the court. Davide asks if prosecution agrees.
Prosecution panel objects, says it does not want documents to be defaced.
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4:47 p.m.
Senator-judge Sergio Osmeña rests. Senator-judge John Osmeña takes the floor. Calls court's attention to several Exhibits.
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4:44 p.m.
Ocampo says she was told the documents would be signed in Malacañang, but she found out only an hour before that the principal, the signatory, would be President Estrada.
Osmeña asks if witness Ocampo is familiar with any other Jose Velarde accounts. Ocampo says she is not aware of any other such account.
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4:42 p.m.
Guingona calls court's attention to Exhibit XXX. Guingona makes it clear that the documents (current account/savings account) were in existence as of 1999. Ocampo answers in the affirmative.
Guingona rests.
Senator-judge Osmeña is recognized.
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4:41 p.m.
Guingona asks if Ocampo was contacted by any of the defense counsels prior to her Dec. 22 testimony.
Defense objects. Objection overruled.
Ocampo says defense counsels did not contact her before Dec. 22
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4:40 p.m.
Senator-judge Enrile rests.
Chair recognizes senator-judge Guingona.
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4:39 p.m.
Enrile asks if she was instructed by Equitable PCIBank to testify.
Prosecution objects, objection overruled.
Ocampo says there was a board resolution for her to testify and bring records to court.
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4:37 p.m.
Enrile asks if witness was subpoenaed to testify.
Prosecution objects, objection overruled.
Ocampo says she was not subpoenaed.
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4:35 p.m.
Senator-judge Enrile asks if Ocampo would have authenticated the investment management records if she knew the President would sign it with another name.
Prosecution objects. Objection overruled.
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4:33 p.m.
Senator-judge Enrile questions witness Ocampo, asks if she knew the President would be signing the documents.
Ocampo answers in the negative, and that she found out only that day, Feb. 4, that the President would be signing.
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4:32 p.m.
Senate President Aquilino Pimentel declares that after caucus, senator-judges will be given five minutes each to ask questions.
Senator-judge Roco takes the floor, qualifies that the five minutes are given without conditions, since there was cross-examination from defense, the burden is now given to the senator-judges.
Roco's observation is noted, Presiding judge Davide declares that the caucus matters discussed are limited for this particular wirtness -- Clarissa Ocampo.
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4:30 p.m.
Trial resumes.
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4:26 p.m.
One hour after the court was declared suspended for 20 minutes, the impeachment trial has yet to resume. Impeachment tribunal still in caucus.
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4:11 p.m.
45 minutes after court was declared suspended for 20 minutes, the impeachment trial has yet to resume. The chair and senator-judges are still in a caucus to discuss procedural matters regarding questioning of witnesses by senator-judges.
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3:26 p.m.
Senate President Pimentel interrupts Enrile, asks that the caucus commence first before any further questions.
Senator-judge Enrile raises objection, asks that he be allowed to finish his questioning.
Presiding Judge Davide bangs gavel, declares court suspended for 20 minutes, says Enrile's objection is noted.
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3:25 p.m.
Prosecutor Arroyo takes the floor, says the witness is at a disadvantage because there was no cross-examination and that they cannot object to the questions of the senator-judges.
Davide tells Arroyo that they can object.
``We can object? Thank you very much,'' says Arroyo.
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3:21 p.m.
Senator-judge Enrile questions witness Clarissa Ocampo, senior vice president of Equitable PCIBank.
Senate President Pimentel interrupts Enrile, asks for a caucus to discuss procedural matters on questioning by senator-judges.
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3:19 p.m.
Davide asks defense for cross examination, but defense counsel Mendoza says they will not cross-examine as they consider the witness' testimony to be immaterial to the articles of impeachment.
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3:17 p.m.
Davide asks Prosecutor Bautista to continue. Bautista asks witness Ocampo what happened after she saw President Estrada sign the investment management documents.
Ocampo says she gathered the records and typed in the name Jose Velarde in the documents.
Prosecution rests.
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3:13 p.m.
Flaminiano goes to the books, cites provisions in RA 3019.
Senate President Aquilino Pimentel cuts Flaminiano short, asks if it is his position that the President first be investigated by a fiscal authority before he is brought to the impeachment court. Pimentel reminds Flaminiano that ``this is not an ordinary trial.''
Presiding Judge Davide says that the continuing objection is still there, no need to object all the time and that the case does not have to go to a provincial prosecutor first.
``Your objection is very, very premature,'' Davide says.
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3:11 p.m.
Presiding Judge Davide asks why Flaminiano is objecting to the testimony of witness Ocampo if defense already has a standing objection.
Flaminiano says that during the holiday break, they studied why Ocampo's testimony should not be considered, reminds court that her testimony is admitted only conditionally.
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3:09 p.m.
Bautista proceeds with direct examination, tells witness Ocampo that she testified on Dec. 22 that the documents presented that day were signed by President Estrada.
Defense counsel Flaminiano butts in again, questions materiality of witness' testimony.
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3:07 p.m.
Bautista pulls out Exhibit LLLL, certified true copy of statement of assets of President Estrada, admitted April 28, 2000.
Bautista shows Exhibit JJJJ, statement of assets and liabilities of the President as of June 30, 1998, and Exhibit KKKK, statement of assets and liabilities of the President as of December, 1998.
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3:05 p.m.
Prosecutor Bautista continues direct examination of witness Ocampo.
Bautista calls court's attention to Exhibits UUU, VVV, VVV-1, WWW, WWW-1 and other evidences.
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3:03 p.m.
Witness Clarissa Ocampo is called to the witness stand, Davide reminds her she is testifying under the same oath.
Prosecutor Mario Bautista is recognized, but defense counsel Jose Flaminiano calls attention of chair, saying that they have a continuing objection to the materiality of Ocampo's testimony.
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2:59 p.m.
Senator-judge Enrile takes the floor, asks if Senator-judges could ask witness questions.
Davide says they are entitled to this but court should wait after defense cross examines the witness.
Defense counsel Mendoza asks Arroyo if by saying the direct examination will be ``brief'' Arroyo means less than 30 minutes. Arroyo answers in the affirmative, but reminds Mendoza that this will depend on whether or not they object to each question thrown to Ocampo.
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2:58 p.m.
Prosecutor Arroyo says the direct examination of witness Clarissa Ocampo will be ``very short, but it will depend on whether or not the defense will declare many objections.''
Arroyo also says that Manuel Curato will corroborate Ocampo's testimony.
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2:55 p.m.
Senate President Aquilino Pimentel reminds the court that cellular phones will not be allowed in the gallery, and that such will be confiscated.
Senate Majority Floor Leader Tatad declares that court is now on trial proper.
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2:52 p.m.
Presiding judge Davide reads record for request to issue subpoena ducestecum and subpoena ad testificandum for new documents and witnesses.
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2:47 p.m.
Prosecutor-Rep. Joker Arroyo takes the floor, says that they abide by the ruling, and that the prosecution never asked for a motion for reconsideration but instead filed a motion for clarification. Arroyo says prosecution will prove that the P500 million is ill-gotten.
Defense cousel Estelito Mendoza takes the floor, says that they maintain that the evidence presented through witness Clarissa Ocampo is immaterial and irrelevant.
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2:45 p.m.
Senator-judge Roco takes the floor, says that he is not personally insulted by the term ``legalistic gobbledygook.''
``Sometimes this even increases attorney's fees,'' Roco says. Roco asks that Biazon's term be allowed to go on record.
Senator-judge Loren Legarda-Leviste takes the floor, says she concurs with Davide's ruling and never doubted his wisdom.
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2:42 p.m.
Biazon insists that ``gobbledygook'' remain on record. Davide rules that it will be allowed to remain on record. Biazon rests.
Senator-judge Sotto is recognized, concurs with the ruling.
Senator-judge Juan Ponce Enrile is recognized. Asks that the motion by Tatad to strike out the term ``legalistic gobbledygook'' should be decided by votation.
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2:39 p.m.
``Leave that to the prosecution,'' Presiding-judge Davide tells Osmeña about the burden of proving that the P500 million is ill-gotten.
Osmeña rests.
Senator-judge Rodolfo Biazon is recognized. He takes the floor, concurs with Davide's ruling.
Majority Floor Leader Francisco Tatad asks that the term ``legalistic gobbledygook'' as stated by Biazon be stricken off the record. Biazon disagrees, saying that the term is not vulgar, and that the vulgar words of some of the witnesses were allowed to be placed in the record.
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2:37 p.m.
Cayetano rests. Chair recognizes Senate Minority Floor Leader Teofisto Guingona.
Senator-judge Guingona takes the floor. Makes observation on Davide ruling.
Guingona rests. Senator-Judge Serge Osmeña is recognized. Osmeña asks the chair how anyone could prove that the P500 million is ill-gotten.
Davide says the prosecution promised to do just that.
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2:31 p.m.
Senator-Judge Santiago rests. Senator-Judge Renato Cayetano is recognized.
Cayetano takes the floor, says that he was never interviewed by newspapers during the Christmas season (Davide earlier mentioned Cayetano as one of the people interviewed by Philippine Star along with Roco).
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2:29 p.m.
Senator-judge Roco concurs with the ruling, but insists that the words written in the Philippine Star are not his and that he should not be held accountable for them.
Roco rests.
Senator-judge Miriam Defensor-Santiago takes the floor. Refers to a Supreme Court ruling on ill-gotten properties.
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2:27 p.m.
Roco says he does not know how the Philippine Star's headline writer came up with the word ``dizzy.'' He says the only thing he said which came close to this was ``baka nagkakalituhan tayo.''
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2:25 p.m.
Senator-judge Roco takes the floor.
He denies that he said what were written in the Philippine Star's Dec. 24, 2000 issue.
``That headline is not my responsibility,'' Roco says. ``I actually said those words in Tagalog.''
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2:23 p.m.
``The motion for clarification is therefore denied for lack of merit," Presiding Judge Davide rules.
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2:20 p.m.
Davide clarifies that ill-gotten wealth and properties being alleged by prosecution have not yet been proven to be factual, only presumptions.
Davide says the property should be acquired during the official's incumbency, that the
amount of the property is not proportional to his salary or income from legitimately acquired property.
``How can anyone then claim,'' Davide asks ``that the presumption under Section 2 of RA1379 is proven when Mrs. Clarissa Ocampo has not yet finished her testimony, and only the basis of the presumption has been presented by the prosecution?''
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2:15 p.m.
``It is the duty of the prosecution to go forward with the evidence,'' Presiding Judge Davide states, ruling that the burden of proof is with the prosecution.
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2:09 p.m.
Presiding Judge Davide goes back to the stenographic records.
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2:06 p.m.
Presiding officer Davide states that ``the burden of proof never shifts,'' and insists that the burden of proof is still with the prosecution.
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2:02 p.m.
Davide clarifies that the prosecution has yet to file a motion for reconsideration regarding the burden of proof issue.
``It must be stressed that when the presiding officer announced the ruling, none of the Senator-judges took the floor to challenge the ruling,'' Davide says. ``It is thus unfortunate that the senators took another forum (the newspaper) to challenge the ruling.''
Davide says that grievances should be taken up with the court.
``To do otherwise would suggest bias and discredit the court. The court cannot afford to wait till Jan. 5 for the clarification (from the prosecution). The presiding officer now rules that the challenge against the motion to clarify ruling of the presiding officer (as Roco was quoted in the newspaper) is not factual.
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2:00 p.m.
Presiding Judge Davide makes statement.
Refers to Dec. 24, 2000 issue of Philippine Star, which quotes Senator-judge Roco as saying that Davide must have been dizzy when he said that the burden of proof to link the P500-million account of Jose Velarde is on the shoulders of the prosecution.
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1:59 p.m.
Barbo reads specifics of Impeachment Case 001-2000.
Defense and prosecution declare appearance, same counsels for both sides.
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1:57 p.m.
Secretary General Lutgardo Barbo conducts roll call. 18 Senator-judges present, Davide declares quorum.
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1:56 p.m.
Presiding judge Davide asks people to remain standing after The Lord's Prayer, calls on Senator-judge Robert Jaworski for the invocation.
Senator-judge Jaworski reads from prepared invocation, asks the Lord to help reform those who are filled with envy, inequality, violence and greed. He prays for the repose of the souls of the casualties of the Dec. 30 bombing.
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1:53 p.m.
Choir sings The Lord's Prayer. Senator-judges, members of the impeachment court and witnesses at the gallery bow their heads in prayer.
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1:51 p.m.
Chief Justice and impeachment court presiding judge Hilario Davide Jr. bangs the gavel to signify start of trial.
Choir sings the national anthem.
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1:46 p.m.
Defense, prosecution panels take their places at the Senate tribunal.
The 13th day of the Estrada impeachment trial -- Case 001-2000 of the Senate impeachment court, the first impeachment case against a Philippine President and the first in Asia -- is scheduled to start today at 2 p.m. Manila time.
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