|
-------------------------------
8: 10 p.m.
Senate Majority Leader Tatad moves for the suspension of the trial.
Davide grants the request.
Day 15 of the Estrada impeachment trial comes to an end.
Trial is in recess until 2 p.m. tomorrow, Jan. 5.
-------------------------------
8: 08 p.m.
Davide requests prosecution and defense to attend another conference.
He says this mid-trial conference could be held at 10 a.m. on
Monday. Senate President Pimentel informs Davide they have already
scheduled a meeting at this time, and Davide says it would then
be moved to 8: 30 p.m.
-------------------------------
8:05 p.m.
Apostol says they have nothing to do with that.
“That’s bad. We hate it,” he says.
Daza says the defense has more reason to hate the press release.
Davide says that if the defense truly believes the document came
from the prosecution, then they should file the proper motion.
-------------------------------
8: 04 p.m.
Defense lawyer Raul Daza is recognized.
He says that while he does not want to infringe on the light mood,
he shows a press release bylined “Prosecution Panel.”
Daza says the press release was being distributed when the cross-examination
was still being conducted.
-------------------------------
8: 01 p.m.
Davide asks if there is another witness.
Apostol says they do, smiling.
Camera catches senator-judges, Senate President Pimentel and even
presiding judge Davide smiling, with some even apparently stifling
their laughter.
-------------------------------
7: 59 p.m.
The witness turns out to be Gwen Samontina of the SSS.
Apostol then informs him that there is also a witness from the
LTO. After Davide asks the witness to come back tomorrow, Apostol
says they also have witnesses from the LandBank.
“You should have mentioned all the names so the chair would only
make one announcement. You could have shortened the proceedings,”
Davide says.
-------------------------------
7: 57 p.m.
Apostol requests Davide to remind the witness of the subpoena
issued to her to come back tomorrow. Davide points out that the
witness has already said she would return tomorrow.
“Not that witness… the other witness who is here,” Apostol says.
Davide asks for her name. Apostol starts reading her name and
remarks that it is very long.
“Gwen Samantino… Samantina,” he says after reading her full name.
-------------------------------
7: 55 p.m.
Davide recognizes prosecutor Apostol.
“Before we adjourn…” Apostol says.
“Oh, are we going to adjourn?” Davide quips.
-------------------------------
7: 52 p.m.
Senator-judge Revilla says that before the break, he would like
to make a correction in the Senate journal regarding the statement
he made yesterday regarding weight of money. He says that when
he referred to “96 grams” what he meant was “960 grams.”
Davide asks if there are objections.
Senate Majority Leader Tatad says Revilla’s statement would be
accepted in today’s transcripts but the previous transcript would
not be changed.
-------------------------------
7: 50 p.m.
Senate Majority Leader Tatad is recognized. He says that before
making his customary motion, he would like to clarify if witness
has personal knowledge that the Pagcor chair got a verbal approval
from the President. She says she was merely told this is what
happened.
-------------------------------
7: 48 p.m.
Senator-judge Magsaysay is recognized.
-------------------------------
7: 47 p.m.
Senate President Pimentel is recognized.
He asks Padua how much revenue was generated for the government
by Bingo 2-Ball. Padua says initially Pagcor received P24 million.
-------------------------------
7: 45 p.m.
Senator-judge Anna Dominique Coseteng is recognized.
She points out that known jueteng operators were also operating
Bingo 2-Ball.
Padua says that the goal was to eradicate jueteng. Coseteng says
she probab;y cannot elicit any other reaction from the witness,
supposing that the illegal operators suddenly became legal by
declaring a quota.
-------------------------------
7: 43 p.m.
Senator-judge Legarda-Leviste is recognized. She requests that
the witness also bring documents relating to the President’s approval
of the Pagcor board resolution adopting Bingo 2-Ball. She also
asks for records of previous instances when he approved Pagcor
projects, as testified to by the witness earlier.
“Actually, your honor, the authorization that was given by the
President Estrada was verbal,” Padua says. She says President
Estrada gave the authorization verbally to Pagcor chair Alice
Reyes.
-------------------------------
7: 41 p.m.
Padua says she has no such data, saying that figures for Bingo
2-Ball were based on actual earnings.
Honasan says there must be figures to give idea of what Bingo
2-Ball is competing against. Padua says she would try to comply
with request for data.
-------------------------------
7: 40 p.m.
Senator-judge Gregorio Honasan is recognized.
He directs attention to Exhibit 57, pointing out that Bingo 2-Ball
is supposed to eradicate jueteng. He says he presumes Pagcor has
data on jueteng, asking Padua to give the court an idea of the
extent of jueteng’s operations.
-------------------------------
7: 37 p.m.
Senator-judge Guingona is recognized.
He asks witness to also bring summation of earnings. Witness says
she would try to comply.
-------------------------------
7: 36 p.m.
Senator-judge Sergio Osmeña III is recognized.
He says this is another procedural manner and asks Padua if she
can bring copy of Pagcor’s feasibility study tomorrow. Padua says
yes.
-------------------------------
7: 35 p.m.
Davide tells Roco he is authorized to give instructions to the
witness.
“Kindly list them down, Atty. Padua,” Davide says.
Roco stresses that they want copies of the entire minutes, not
just excerpts.
-------------------------------
7: 33 p.m.
Senator-judge Roco is recognized.
As a procedural matter, Roco clarifies which board meeting records
the witness should bring.
Roco says it should be all Pagcor board meeting minutes from Aug.1
to Sept. 13.
-------------------------------
7: 31 p.m.
Davide asks when witness can bring documents to the court.
“When? Tomorrow?” Davide asks.
“Yes, your honor, I will try,” Padua replies.
-------------------------------
7: 30 p.m.
Padua says she has a copy of the board resolution.
Biazon insists that they want a copy of the board meeting minutes.
“There must have been a board meeting to approve the board resolution,
and there must be a record of it somewhere,” Biazon says.
-------------------------------
7: 28 p.m.
Biazon says there is no record of board resolution adopting Bingo
2-Ball. He says it was only after BWEG chair Dante Tan informed
Pagcor that it would not continue Quick Pick 2 that Bingo 2-Ball
came about.
Biazon says there should be a record of board meeting proceedings.
-------------------------------
7: 26 p.m.
Senator-judge Biazon is recognized.
He asks about sequence of events after board resolution adopting
Quick Pick 2 and Bingo 2-Ball. Biazon asks if it is not true that
no board resolution adopted Bingo 2-Ball.
-------------------------------
7: 24 p.m.
Senator-judge Ramon Revilla is recognized.
He asks witness if she knows that this impeachment trial came
about because Ang did not allow Gov. Singson to operate four Bingo
2-Ball franchises. Padua says she is unaware of this but says
as far as she knows Singson was interested in operating franchises.
“Sana sabihin ninyo po ang buong katotohanan. Kung sana pinagbigyan,
di wala sana tayo sa impeachment trial na ito,” Revilla says.
-------------------------------
7: 22 p.m.
Osmeña asks about the qualifications of Ang.
He then asks if Prominent returned money to Pagcor since Bingo
2-Ball only hit 60% of targets.
-------------------------------
7: 19 p.m.
Osmeña asks if Padua has experience in gaming. Witness says she
does.
He then asks witness if Pagcor came up with the business plan
for Bingo 2-Ball. She says her department prepared a feasibility
study. When he asks for a copy, however, witness replies that
what they have are procedural guidelines.
“I am not asking for procedural guidelines. You said you have
a feasibility study,” Osmeña remarks.
Padua admits Prominent submitted the feasibility study.
-------------------------------
7: 17 p.m.
Guingona asks if Ang already had P70 million from Bingo 2-Ball.
Padua affirms.
He then asks if Pagcor persists in saying Bingo 2-Ball is legal
when it was ordered suspended by the President.
Senator-judge Sergio Osmeña III is recognized.
-------------------------------
7: 15 p.m.
Senator-judge Guingona is recognized.
He asks Padua if it is true that after the amount is remitted,
this constitutes public funds. Witness affirms.
He then asks whether Pagcor allowed Ang to deposit public funds
in his own account. Padua affirms.
-------------------------------
7: 13 p.m.
Senator-judge Jaworski is recognized.
He asks Padua about suspension of Bingo 2-Ball.
-------------------------------
7: 11 p.m.
Cayetano asks Padua who sets the sales quota. Padua says it is
Pagcor. He then asks how Pagcor is able to validate the earnings.
Padua explains.
Davdie informs Cayetano his two minutes are up.
-------------------------------
7: 09 p.m.
Cayetano asks Padua who came up with the idea of Bingo 2-Ball.
Witness replies it was Pagcor.
Cayetano asks why Pagcor chose Prominent. Padua mentions the consultancy
firm’s “links to an extensive network.”
He asks what links Padua is referring to – if this includes jueteng
operators.
“The ‘links to extensive network’ -- they may be jueteng operators,
your honor,” Padua replies.
“Of course, they are,” Cayetano remarks.
-------------------------------
7: 07 p.m.
Senator-judge Cayetano is recognized. He remarks that this is
the second time his question has been preceded by a tumultuous
event.
“You are very lucky, your honor,” Davide remarks.
-------------------------------
7: 05 p.m.
Senator-judge Biazon asks presiding judge Davide to clarify if
Canlas can still use his camera. Davide replies that this is the
case but that he cannot attach the microphone.
-------------------------------
7: 04 p.m.
“Let it be known to all concerned that the impeachment court cannot
be taken lightly,” Davide admonishes.
Canlas is excused.
-------------------------------
7: 02 p.m.
Senator-judge Sotto is recognized. He suggests that the director
of GMA’s news operations, DJ Sta. Ana, be questioned, since he
is present.
Senate President Pimentel then suggests that so as not to “waste
time,” the Senate would investigate the matter later.
In the meantime, Davide orders the equipment confiscated.
-------------------------------
7: 00 p.m.
Witness admits that the microphone catches conversation even during
the break.
Jaworski asks who placed the microphone and witness replies that
it was Bong de Guzman.
Jaworski asks sergeant-at-arms to check if other stations have
similar equipment. He asks Canlas if he also heard conversation
of senators during breaks.
“A, wala po sir, kasi pag may break lumalabas din ako, sir,” Canlas
replies.
-------------------------------
6: 58 p.m.
Jaworski asks what the microphone’s purpose is. Canlas says it
is to record the ambience.
“Ambience? Mahal ‘yan, a,” Jaworski remarks.
-------------------------------
6: 56 p.m.
Presiding judge Davide conducts the questioning. Canlas says he
is a resident of Balic-Balic, Manila and has been working as a
cameraman for GMA-7 for five months.
Davide recognizes Senator-judge Jaworski.
“Don’t smile, Mr. Witness,” Davide admonishes the witness.
Canlas apologizes.
-------------------------------
6: 55 p.m.
Oath is administered to Canlas.
-------------------------------
6: 54 p.m.
“Mr. Canlas, could you please come down,” request presiding judge
Davide and Senate President Pimentel. Davide says Canlas will
testify under oath.
Davide says testimony of prosecution witness will have to be suspended.
-------------------------------
6: 52 p.m.
Sotto says he wants to find out how the microphone is attached
to see if it has violated guidelines for media.
Davide asks for the cameraman’s name.
“Jose Canlas,” the cameraman replies.
-------------------------------
6: 50 p.m.
Senator-judge Biazon is recognized. He wants to know whether the
microphone is attached to a recorder.
Senator-judge Vicente Sotto III rises.
“Yes, the honorable…” Davide says.
“Sotto, sir, “ Sotto replies.
-------------------------------
6: 48 p.m.
Senator-judge Sergio Osmena III points out it could be attached
to one of the cameras of the TV stations present.
Senator-judge Robert Jaworski says it belongs to GMA-7.
-------------------------------
6: 46 p.m.
Senator-judge Osmeña is recognized. He says a black microphone
is recording their conversations. He claims he discovered the
microphone during the break and disconnected it, hoping to catch
the culprit.
Davide advises Senate pages not to touch the mike, saying the
NBI could investigate the fingerprints.
“Oh, Senator Osmeña has already touched the mike, so what will
appear are his fingerprints,” Davide remarks.
-------------------------------
6: 44 p.m.
Legard-Leviste asks if Ang gave bond. Padua replies Ang gave a
bond of P10, 000 for bidding.
Legarda-Leviste asks if it is customary for the President to approve
a board resolution of Pagcor. Padua explains that it is customary
and explains the project was new.
-------------------------------
6: 42 p.m.
Senator-judge Legarda-Leviste is recognized.
She asks Padua if it is not irregular for a consultant to also
be the operator.
Padua says this is not irregular.
-------------------------------
6: 41 p.m.
Padua says no contract was signed for operation of Bingo 2-Ball.
Drilon asks what was the basis for payment of consultancy fee
to Ang.
Davide informs Drilon his time is up, but tells witness to answer
the question.
She replies that Ang passed the trial period and Pagcor did not
experience any problem with operations.
-------------------------------
6: 39 p.m.
Drilon asks Padua if she knew of other members of Ang’s consultancy
group. She admits it was Ang who called the shots in all the dealings
with Pagcor.
Drilon refers to Power Management Inc. and he notes for the record
that Victor Jose Tan Uy is an incorporator of this company, as
shown by the documents presented during the trial by Senate President
Pimentel.
-------------------------------
6: 36 p.m.
Senator-judge Drilon is recognized.
Padua agrees that Bingo 2-Ball is “similar” to jueteng.
She also agrees that Bingo 2-Ball is meant to legalize jueteng
and make the jueteng operators surface.
-------------------------------
6: 35 p.m.
“I’m sorry, your honor, but your time is up,” Davide informs Flavier.
“Oh, as short as I am,” Flavier quips.
-------------------------------
6: 34 p.m.
“23% of what?” Flavier asks, referring to Pagcor’s share. Padua
replies that this is 23% of the gross sales for the day.
Flavier asks how Pagcor knows how much was collected, and Padua
replies they have monitors. Flavier says, however, he is bothered
that Prominent seems to be calling the shots.
-------------------------------
6: 31 p.m.
Senator-judge Juan Flavier is recognized.
He asks if earnings are first remitted to Prominent before being
remitted to Pagcor. Padua affirms.
He asks her if this is not “unprotective” of its own interests
on Pagcor’s part, since the order should have been the other way
around.
-------------------------------
6: 30 p.m.
Osmeña asks witness to clarify board resolution, which states
that reduction of Prominent’s percentage would be retroactive
to the first day of operation. Witness affirms.
She testifies that Pagcor did not inform Prominent.
-------------------------------
6: 29 p.m.
Senator-judge Enrile is recognized. Padua clarifies breakdown
for him.
Senator-judge John Osmeña is recognized.
-------------------------------
6: 26 p.m.
Padua testifies that after review of Bingo 2-Ball, they decided
to reduce Prominent’s share from 5% to 2%.
Fortun asks if it is true that reduction was in natural course
of business and not due to external matters like the Singson expose.
Apostol objects but witness answers that is was a normal business
decision.
Davide says answer will be stricken off the record because witness
answered before his ruling on the objection. Objection is sustained.
Fortun says he has no further questions.
-------------------------------
6: 24 p.m.
Fortun conducts recross. He asks witness about variability of
social fund share.
He asks about standard remittances for casino operations and the
like.
“Objection, your honor, improper for a recross. We are just talking
about ‘Bingo 2-Balls,’ not the casino,” Apostol says.
Objection is sustained.
Fortun says he would reform question.
-------------------------------
6: 22 p.m.
Apostol initially asks to make manifestation on Exhibit 57. Davide
does not allow him but lets him ask questions about the exhibit.
Apostol asks her if the board resolution was issued after Singson
expose. Witness says yes.
-------------------------------
6: 20 p.m.
Apostol begins redirect.
He asks Padua if it is possible that Presidential Social Fund
share could go higher than 6%. Padua replies that it is variable.
Apostol asks if this means it can go higher than 6%. Witness affirms.
-------------------------------
6: 19 p.m.
Apostol asks for some time before conducting redirect.
Davide notes the senator-judges that have made reservations for
questions.
-------------------------------
6: 17 p.m.
Fortun shows witness Exhibit KKK, the chart drawn by Gov. Singson.
He asks if the breakdown of shares is correct.
First replies that she is not aware of this chart, then says that
it is incorrect because Prominent’s share was reduced from 5%
to 2%.
Padua continues saying that breakdown figures are incorrect, but
replies that breakdown of 5% to the Bureau of Internal revenue
is correct.
Fortun asks if Padua discussed breakdown with prosecution previously.
She says no.
Fortun says he has no further questions.
-------------------------------
6: 14 p.m.
Witness testifies that Prominent actually had a business loss
of P3 million.
Fortun asks if this means previous testimony of prosecution witnesses
that Ang earned money from Bingo 2-Ball was wrong. Padua replies
she did not hear these testimonies.
-------------------------------
6: 12 p.m.
Padua further testifies that Prominent returned the mobilization
fees to sales agents. Fortun asks how she knows this. Witness
replies she was present when they returned the money.
Fortun then asks how much Prominent has spent on this project.
“Approximately P3 million, your honor,” Padua replies.
Fortun asks how she knows this. She explains that Prominent already
spent a lot on the project, including the pre-qualification bid.
-------------------------------
6: 10 p.m.
Fortun says the prosecution has said that Bingo 2-Ball’s remittances
were all given to Ang. He asks Padua if this means that Ang has
not received payment from Pagcor. Padua affirms.
Davide asks her to repeat her answer for the record.
“They have not received any single ‘cents,’ your honor,” Padua
replies.
-------------------------------
6: 08 p.m.
Fortun requests that the total amount of P24,427, 532.08 be marked
as Exhibit 55-A. he explains the amount is part of the same spreadsheet
but in photocopying they ended up with two pages.
Davide grants request.
Fortun asks how much Pagcor remitted to Prominent.
-------------------------------
6: 06 p.m.
Fortun asks if Prominent’s 2% share means it only remitted 21%
to Pagcor.
Padua replies that Prominent remitted the whole 23% and then Pagcor
remitted the 2% to them.
Fortun asks her to go over records of remittances from Bingo 2-Ball.
Padua reads from the record and says Prominent remitted a total
of P24,427, 532.08 to Pagcor.
-------------------------------
6: 04 p.m.
Fortun asks about the 23% Pagcor share and Prominent’s role in
remitting collections to Pagcor.
Padua testifies that Prominent turned over the whole Pagcor share.
Fortun asks what percent Prominent got.
She replies that it retained 2 % as guarantor.
-------------------------------
6: 02 p.m.
Fortun asks if pressure was exerted on Pagcor to approve Bingo
2-Ball. Apostol objects that the question is vague, but is overruled.
Padua says no pressure was exerted.
-------------------------------
6: 01 p.m.
Senator-judge Juan Ponce Enrile is recognized. He is reminded,
however, that he can only ask a clarificatory question after the
cross-examination.
Enrile sits down.
-------------------------------
5: 59 p.m.
Witness confirms that after receiving Ang’s letter and her memorandum
recommending Bingo 2-Ball’s adoption to the board, she executed
succeeding memoranda.
She confirms the Sept. 11, 2000 memorandum or Exhibits 55 and
55-A
She also replies yes when Fortun asks her if the Nov. 13, 2000
is a “final report.”
-------------------------------
5: 57 p.m.
Fortun asks if it is correct that, after Ang’s letter of request
on Sept. 1, 2000, Padua submitted recommendation to the board.
Padua affirms. She confirms her signatures on the memoranda.
-------------------------------
5: 56 p.m.
Witness confirms that Fortun handed documents to her in chronological
order.
Fortun asks if this means that after the Nov. 13, 2000 memorandum
marked Exhibit 57, no further action was taken by Pagcor on Bingo
2-Ball.
Witness affirms.
-------------------------------
5: 55 p.m.
Fortun asks witness to confirm exhibits, including the letter
of Ang to Pagcor, Padua’s recommendation to the board and the
reported sales quota for Bingo 2-Ball.
Witness goes over Exhibits 53 to 57.
-------------------------------
5: 52 p.m.
Davide asks Senate secretary to confirm receipt. Senate secretary
affirms they received machine copies.
-------------------------------
5: 50 p.m.
Fortun informs court that Senate secretary general informed the
defense that some exhibits already have originals with the Senate
secretary. He asks that the marking “provisional exhibits” be
deleted from these documents.
He then corrects himself, saying that the originals are actually
with the Senate blue ribbon committee.
-------------------------------
5: 47 p.m.
Davide says that in the meantime, there are not enough facts to
make a ruling on this manifestation.
Fortun says, for the record, the prosecutors interviewing Puno
are Bautista and Alexander Poblador.
Apostol asks that prosecutor Rep. Oscar Moreno be allowed to talk.
Moreno explains that the two mentioned are private prosecutors
of the bank.
-------------------------------
5: 45 p.m.
Fortun informs court that prosecution is interviewing Emmanuel
Puno of United Overseas Bank
He says defense was not previously informed about this.
Apostol says he is not aware of this, but adds that there is nothing
wrong with interviewing a witness.
-------------------------------
5: 44 p.m.
Trial resumes.
Fortun says they have already distributed copies to the prosecution.
Apostol confirms.
-------------------------------
5: 32 p.m.
Trial is still in recess.
-------------------------------
4: 41 p.m.
Trial is in recess for 30 minutes.
-------------------------------
4: 38 p.m.
Fortun says some of the documents are very important and he would
ask for at least a 30-minute recess to reproduce and mark them.
Davide says before granting the request, he wants to know if the
prosecution received the documents as a result of the subpoena.
Prosecutor Apostol affirms this. Davide asks why they were not
premarked as per agreement. Apostol explains and replies that
they have no objection to the defense’s request for a recess.
-------------------------------
4: 37 p.m.
Padua says Prominent also gave a reported sales-quota for Bingo
2-Ball. She also mistakenly refers to the game as "Bingo 2-Balls."
Fortun asks if she can produce the copies of the documents.
Padua explains that she submitted the documents to the Senate
on Jan. 2.
Davide asks why the documents were not presented to Senate secretary.
Padua explains they were subject to a subpoena duces tecum.
-------------------------------
4: 34 p.m.
Fortun asks who proposed the initial 5% share for Prominent, and
Padua replies that it was the consulting group that submitted
the letter of proposal.
Padua testifies that included in the letter of proposal also includes
of game mechanics.
Fortun asks if Padua has these documents with her. Witness affirms.
-------------------------------
4: 32 p.m.
Fortun asks if Bingo 2-Ball was approved by Pagcor board and witness
affirms. He then shows her exhibit of machine copies of secretary
certificates. Padua affirms these are copies of the documents.
Fortun asks if this attests that Pagcor’s corporate secretary,
lawyer Carlos Bautista, signed the certificates. Padua affirms.
-------------------------------
4: 30 p.m.
Defense counsel Fortun begins cross-examination.
-------------------------------
4: 29 p.m.
Apostol notes Prominent’s share was reduced after Singson’s exposé.
Padua replies yes.
Apostol says he has no further questions. Padua then adds a brief
explanation regarding testimony at Senate blue ribbon committee
hearings.
-------------------------------
4: 28 p.m.
Apostol asks who represented Prominent in its dealings with Pagcor.
“It was Mr. Charlie “Atong” Ang, your honor,” Padua replies.
Apostol asks if Pagcor had any previous dealing with Ang, and
Padua replies the agency hired Ang’s Power Management Consultancy
Group for jai alai.
She explains Bingo 2-Ball was operational on a trial basis, with
provisional authority from President Estrada.
-------------------------------
4: 26 p.m.
Padua explains that Prominent was in charge of collecting from
the Bingo 2-Ball operators.
Asked how Pagcor’s share was derived, Padua explains Prominent
designed chart.
-------------------------------
4: 24 p.m.
Padua explains that based on the agreement, a percent of Pagcor’s
share goes to Prominent as consultancy fee.
She says Prominent share was originally proposed at 5 % but this
was later reduced to 2 %.
She explains breakdown of Pagcor’s share, noting share of government.
-------------------------------
4: 20 p.m.
Padua says her department at Pagcor is in charge of evaluating
Bingo operations. She says her group recommended to the Pagcor
board the approval of Bingo 2-Ball.
“Who is in charge of marketing ‘Bingo 2-Balls’?” Apostol asks.
Padua replies it is Prominent Marketing Consulting Group.
He asks what percentage Pagcor gets from Bingo 2-Ball operations,
and Padua replies that the government agency gets 23 percent.
Defense lawyer Fortun objects, saying best evidence is the document
itself. Objection is sustained.
-------------------------------
4: 18 p.m.
Oath is administered to Padua.
Prosecutor Apostol says the testimony of the witness would corroborate
Ilocos Sur Gov. Luis “Chavit” Singson’s testimony on bribery.
Apostol also says this would establish percentage of President
Estrada from Bingo 2-Ball, which is the brainchild of Charlie
“Atong” Ang, consultant of the Philippine Amusement and Gaming
Corp.
Apostol repeatedly refers to Bingo 2-Ball as “Bingo 2-Balls.”
-------------------------------
4: 16 p.m.
Prosecution says next witness is lawyer Emily Padua. Examining
counsel would be Prosecutor Apostol while assisting him would
be private prosecutor Augusto San Pedro. Lead counsel for defense
is Estelito Mendoza and assisting him is Raymond Fortun.
-------------------------------
4: 15 p.m.
Witness is excused.
-------------------------------
4: 14 p.m.
Cayetano asks witness if she knows who chose the names of the
two corporations. Banal replies that she believes it was the incorporators,
but she says she does not know who they were.
He then asks her who created articles of incorporation, and she
replies that it was lawyer Michael de los Reyes.
Cayetano points out that based on her billing hours, Serapio is
her client. She admits that she does not know who the client was
and that the transaction was all care of Serapio.
-------------------------------
4: 12 p.m.
“We will now continue with trial proper,” Davide says.
He recognizes Senator-judge Renato Cayetano.
-------------------------------
4: 11 p.m.
Pimentel also says the caucus agreement is that the Senate Majority
Leader and Senate President can at any time raise questions on
decorum.
-------------------------------
4: 09 p.m.
Pimentel adds that the two-minute rule for the clarificatory questions
of the senator-judges would be strictly enforced. He also says
that they hope the senator-judges would not ask questions that
have already been asked.
Davide approves this motion, there being no objection.
The third point, Pimentel says, is that senator-judges would still
be allowed to conduct media interviews but are advised to use
their own discretion.
This is again approved, as there is no objection.
-------------------------------
4: 07 p.m.
Davide informs court that since the caucus took long, this would
be considered part of the regular break.
Senate Majority Leader Tatad says Senate President Pimentel has
announcements to make as a result of caucus.
Pimentel says rules of decorum of the Senate would be strictly
enforced. As a result, the onlookers pointed out by Senator-judge
would be escorted out and barred from ever attending the Senate
proceedings.
-------------------------------
4: 06 p.m.
Trial resumes.
-------------------------------
4: 02 p.m.
Senator-judges still have not come back from their caucus.
-------------------------------
3: 44 p.m.
Trial is still in recess as senator-judges remain in caucus.
GMA 7 TV news identifies onlookers pointed out by Senator-judge
Santiago as Rosanna Fores, Bettina Aboitiz and Volunteers Against
Crime and Corruption chair Dante Jimenez.
The three onlookers file a letter of complaint at the 6/F of the
Senate.
-------------------------------
2:54 p.m.
Trial is suspended for 20 minutes.
-------------------------------
2:52 p.m.
Presiding judge Davide asks persons identified by Senator-judge
Santiago to come forward. He also instructs the Senate pages to
get the names of the persons.
Senator-judge Santiago also asks presiding judge if it is proper
that senator-judges make their points with the witness after a
member of the Senate tribunal questions the witness.
Senate President Pimentel asks for a 20 minute break for a caucus
among the senator-judges. Presiding judge Davide grants request.
-------------------------------
2:50 p.m.
Senator-judge Santiago, clearly agitated, says some observers
in the gallery stood and looked at her in a "provocative" manner,
as Senator- judge Roco refutes her previous statements.
She asks presiding judge to discipline members of the gallery.
She asks members of the gallery who stood up to be cited for contempt.
Presiding judge asks if Senator-judge Santiago can identify the
said observers in the gallery. She says yes.
-------------------------------
2:47 p.m.
Senator-judge Raul Roco is recognized. He asks witness of the
oath of lawyers. Witness says she recalls oath.
Senator-judge Roco says that if a lawyer transfers from one law
firm to another without considering the salary, this is not unusual.
Witness affirms.
Senator-judge Roco asks if the question of compensation is immaterial.
Witness affirms.
-------------------------------
2:46 p.m.
Senator-judge Guingona asks witness if she met the real owners
of PIO Holdings and R&N Corporation. Witness says no.
-------------------------------
2:45 p.m.
Senator-judge Teofisto Guingona is recognized. He asks witness
Banal how many instances she participated in signing incorporation
papers.
Witness says two other corporations. Witness declines to name
owners of these companies.
-------------------------------
2: 42 p.m.
Senator-judge Legarda-Leviste asks witness on details of corporations.
Witness gives details.
Senator-judge Legarda-Leviste asks witness if it is legal for
partners of a law firm to become incorporators. Witness says as
far as she knows this is legal.
-------------------------------
2:40 p.m.
Senator-judge Loren Legarda-Leviste is recognized. She asks about
the role of lawyer Ed Serapio in the incorporation of the companies
in question. Witness answers that Serapio is not an incorporator
of any of the companies.
-------------------------------
2:39 p.m.
Senator-judge Drilon is recognized. Asks witness the date she
left the law firm of Serapio and the time she transferred to the
law firm of Ricardo Romulo. Witness answers sometime this year.
Senator-judge Drilon asks witness if her transfer has anything
to do with the Singson expose. Witness says no.
-------------------------------
2:38 p.m.
Senator-judge Biazon asks witness if she was paid for the shares.
Witness says no.
-------------------------------
2:35 p.m.
Senator-judge Rodolfo Biazon is recognized. He asks witness Banal
how much share the witness had in the company where she is one
of the incorporators. Witness says she does not know exact figures.
Senator-judge Biazon reads documents indicating the shares of
the witness. Witness says she did not put the figures in the incorporation
papers.
-------------------------------
2:34 p.m.
Senator-judge Juan Flavier is recognized. Asks witness if she
knows owners of R&N Corporation. Witness says no.
-------------------------------
2:32 p.m.
Senator-judge Santiago asks about salary of witness when she was
with law firm of Serapio.
Witness says her salary is lower now that she is with the law
firm of Ricardo Romulo.
Senator- judge Santiago says witness deviated from the usual practice
of moving from one firm to another.
-------------------------------
2:29 p.m.
Senator-judge Mirriam Defensor-Santiago is recognized. Asks witness
where witness is now connected. Witness says she now works with
Romulo Mabanta, the law firm of Ricardo Romulo.
Senator-judge asks witness whether Ricardo Romulo is the head
of the Makati Business Club and now president of Equitable PCIBank.
Witness affirms.
-------------------------------
2:28 p.m.
Prosecutor Libarios says line of questioning of defense seems
to point that no irregularity was ever done in the signing of
incorporation papers. Defense says this is usual practice.
-------------------------------
2:26 p.m.
Defense counsel Estelito Mendoza asks about details of signing
of incorporation papers. Witness affirms.
Defense ends cross-examination. Prosecutor Libarios asks to be
recognized. Presiding judge Davide grants request.
-------------------------------
2:25 p.m.
Prosecutor ends questioning by asking witness Banal to whom she
submitted her letter of resignation to the law firm founded by
lawyer Edward Serapio.
Defense starts cross-examination.
-------------------------------
2:24 p.m.
Witness Banal explains that she assumes the blank deed of assignment
was also signed by the other incorporators.
Prosecutor asks if witness knows any activities of the companies
in question.
Witness answers in the negative.
-------------------------------
2:22 p.m.
Prosecutor continues, asking witness about a blank deed of assignment
which the witness signed.
Witness says she turned over documents to lawyer Michael de los
Reyes.
Prosecutor says they cannot produce documents yet.
Defense objects. Presiding judge sustains objection.
-------------------------------
2:21 p.m.
Witness says she also signed a deed of assignment for the two
companies.
Defense objects. Presiding judge sustains objection.
-------------------------------
2:20 p.m.
Prosecutor Libarios continues examination.
-------------------------------
2:18 p.m.
Prosecutor Libarios says documents will show that the corporations
mentioned, R&N Holding and Pio Holdings, are mere dummy companies.
Presiding judge orders prosecutor to go directly to the point.
-------------------------------
2:15 p.m.
Witness affirms that she signed documents, presented by prosecution
as evidence marked Exhibit EEE.
Prosecutor Libarios reads documents, asks witness if she knows
that the company indicated by the certificate is RN Holdings,
operator of Fontana Holdings.
Defense objects. Presiding judge sustains objection.
-------------------------------
2:13 p.m.
Prosecutor asks witness her official function as one of the incorporators
of the said companies.
Witness says aside from being one of the incorporators she is
also the corporate secretary.
Prosecutor presents documents for witness to examine.
-------------------------------
2:12 p.m.
Prosecutor Libarios asks witness on articles of incorporations
for Pio Holdings that were signed by witness Banal.
Witness affirms.
-------------------------------
2:09 p.m.
Prosecutor Rep Sergio Apostol is recognized. Requests court to
recognize change of prosecution counsels to examine witness Jasmin
Banal.
Presiding judge Hilario Davide says prosecutor Roan Libarios examined
the witness yesterday and should proceed to examine witness today.
Prosecutor Apostol withdraws request.
Prosecutor Libarios continues examination.
-------------------------------
2:06 p.m.
Senate President Aquilino Pimentel Jr. presents to the court documents
given him detailing documents as mentioned by witness Clarissa
Ocampo.
Senate Majority Leader Francisco "Kit" Tatad says witness lawyer
Jasmin Banal will continue her testimony.
-------------------------------
2:04 p.m.
Senate sergeant-at-arms reads impeachment case against President
Estrada. Presiding judge calls on prosecution and defense to present
themselves.
Defense and prosecution say they will have the same appearance
for today's trial proceedings.
-------------------------------
2:02 p.m.
Impeachment trial of President Estrada starts.
Senator- judge Ramon Magsaysay Jr. leads invocation.
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