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STATEMENT OF THE STIPULATIONS
OF THE PARTIES AT PRE-TRIAL
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After the arraignment of the accused, the pre-trial was conducted which led to the issuance of the Amended Pre-Trial Order dated June 14, 2001, quoted in part hereunder:
When this case was called for pre-trial on September 3, 2001, accused JOSEPH EJERCITO ESTRADA, JOSE “Jinggoy” P. ESTRADA appeared, assisted by counsels, Atty. Jose B. Flaminiano, Atty. Cleofe Villar-Verzola, Atty. Rene A. V. Saguisag and Atty. Raymond Parsifal A. Fortun. Accused Edward S. Serapio likewise appeared, assisted by his counsels, Atty. Sabino Acut, Jr. and Atty. Martin Israel L. Pison. The People was represented by Ombudsman Aniano A. Desierto, Deputy Ombudsman Margarito P. Gervacio, Jr., Deputy Special Prosecutor Robert E. Kallos, Ombudsman Prosecutor III Antonio T. Manzano and Humphrey T. Monteroso.
The accused Estradas and Edward S. Serapio submitted their WAIVER OF APPEARANCE dated September 3, 2001 stating as follows:
Accused Joseph Estrada, Jose “Jinggoy” Estrada and Edward S. Serapio hereby waive their appearance during the pre-trial and the trial of this case subject to the conditions that:
a) whenever his/her/their name/s/are mentioned at any stage of the proceedings of this/ these case/s whether in testimonial or documentary evidence, such name/s refer/s to his/her/them; and
b) whenever his/her/their appearance shall be require by the Court at any time, they will appear, otherwise warrant/s shall issue for their arrest.
The aforementioned three (3) accused verbally manifested in open Court that they fully understand and agree with their conditions contained in their Waiver of Appearance.
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The prosecution, the accused Estradas and accused Serapio agreed to stipulate on the following facts, as proposed by the prosecution to wit:
1. That accused Joseph Estrada (“Estrada” for short) took his oath of office as President of the Republic of the
2. That accused Joseph Estrada is married to Dra. (now Senator) Luisa P. Ejercito; [cf. Proposal No. 2 (For all Specifications) of accused Estrada’s Proposed Stipulation of Facts of the defense dated 01 August 2001];
3. That accused Jose “Jinggoy” Estrada, Jr. (“Jinggoy” for short) is the son of accused Joseph Estrada; [cf. Proposal No. 3 (For all Specifications) of accused Estrada’s Proposed Stipulation of Facts of the defense dated 01 August 2001;
4. Edward S. Serapio is a lawyer and a former professor of law at the Ateneo de Manila University School of Law; [cf. Proposal No. 1 of accused Atty. Edward Serapio’s Request for Stipulation of Facts and Admission of Documents dated 01 August 2001;
5. On April 29 1999, Atty. Serapio was appointed by President Joseph Estrada as Presidential Assistant for Political Affairs with the rank of Undersecretary. [cf. Proposal No. 2 of accused Atty. Edward Serapio’s Request for Stipulation of Facts and Admission of Documents dated 01 August 2001;
6. He accepted such appointment. [cf. Proposal No. 2. 1 of specification of accused Atty. Edward Serapio’s Request for Stipulation of Facts and Admission of documents dated 01 August 2001.
The other stipulations of facts proposed by the accused Estradas and admitted by the prosecution were:
1. That From 1998-2001, Mr. Luis “Chavit” Singson was elected Governor of the province of Ilocos Sur; [cf. Proposal No. 6 (For all Specifications) of accused Estrada’s Proposed Stipulation of Facts of the defense dated 01 August 2001];
2. That the amount of P40 Million was withdrawn by a person representing herself to be accused Alma Alfaro from Land Bank of the Philippines-Shaw Branch on 28th August 1998; [cf. Proposal No. 5 of specification (b) of accused Joseph E. Estrada and Jose “Jinggoy” Estrada’s Stipulation of Facts and Admission of Documents dated 01 August 2001.
The accused Estradas proposed and the prosecution admitted the following stipulation of facts:
1. That accused Joseph Estrada personally knows Mr. Rodolfo “Bong” Pineda; [cf. Paragraph 13 of the Prosecution’s Additional Stipulation of Facts dated 01 August 2001];
2. That accused Joseph Estrada personally knows “Atong” Ang; [cf. Paragraph 17 of the Prosecution’s Additional stipulation of Facts dated 01 August 2001];
3. That accused Joseph Estrada personally knows Mr. Lucio Co; [cf. Paragraph 23 of the Prosecution’s Additional Stipulation of Facts dated 01 August 2001];
4. That accused Joseph Estrada personally knows Mr. Jaime Dichaves; [cf. Paragraph 24 of the Prosecution’s Additional Stipulation of Facts dated 01 August 2001];
5. That accused President Estrada is a close and childhood friend of Carlos A. Arellano; [cf. Paragraph 1 Re: Belle case of the Prosecution’s Additional Stipulation of Facts dated 01 August 2001];
6. That accused President Estrada appointed Carlos A. Arellano as Chairman of the Social Security System on July 1, 1998; [cf. Paragraph 2 re: Belle case of the Prosecution’s Additional Stipulation of Facts dated 01 August 2001];
7. That Carlos A. Arellano was appointed by accused President Estrada as President and Chief Executive Officer of the Social Security System; [cf. Paragraph 3 re: Belle case of the Prosecution’s Additional Stipulation of Facts dated 01 August 2001];
8. That accused President Estrada knew of the existence of Belle Corporation; [cf. Paragraph 7 re: Belle case of the Prosecution’s Additional Stipulation of Facts dated 01 August 2001];
Proposed Stipulation of Facts of the prosecution admitted by accused Serapio:
1. That Erap Muslim Youth Foundation (hereinafter the “Foundation”) has a huge fund of more than P211 Million.
The only issue that was raised by the parties for resolution is whether or not accused JOSEPH EJERCITO ESTRADA, JOSE “Jinggoy” P. ESTRADA and ATTY. EDWARD S. SERAPIO are guilty of the offense charged in the Amended Information.
The accused Estradas raise also the issue of whether or not the allegations in the information would constitute the crime of plunder as defined by R.A. No. 7080. (
The evidence submitted by the prosecution and the defense in support of, or in denial, of the speculations of the predicate acts adverted to in each of the paragraphs are discussed hereunder in seriatim:
