EVIDENCE PRESENTED:

RE: SUB-PARAGRAPH A OF THE

       AMENDED INFORMATION

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(a)        by receiving OR collecting, directly or indirectly, on SEVERAL INSTANCES, MONEY IN THE AGGREGATE AMOUNT OF FIVE HUNDRED FORTY-FIVE MILLION PESOS (P545,000,000.00), MORE OR LESS, FROM ILLEGAL GAMBLING IN THE FORM OF GIFT, SHARE, PERCENTAGE, KICKBACK OR ANY FORM OF PECUNIARY BENEFIT, BY HIMSELF AND/OR in connivance with co-accused CHARLIE ‘ATONG’ ANG, JOSE ‘Jinggoy’ Estrada, Yolanda T. Ricaforte, Edward Serapio, AND JOHN DOES AND JANE DOES, in consideration OF TOLERATION OR PROTECTION OF ILLEGAL GAMBLING;

The alleged co-conspirators of accused Former President Joseph Ejercito Estrada named in this paragraph (a) are: Charlie “Atong” Tiu Hay Sy Ang (Atong Ang), Jose “Jinggoy” Estrada, Yolanda T. Ricaforte (Ricaforte) and Edward S. Serapio.  The paragraph also refers to unidentified co-conspirators by the usual “Jane Does” and “John Does”.

            I.          EVIDENCE FOR THE PROSECUTION

The principal witness of the prosecution in this first specification of the predicate acts of plunder is Former Ilocos Sur Governor Luis “Chavit” C. Singson.  He testified extensively on the charge that FPres. Estrada accumulated ill-gotten wealth in the above-mentioned amount through the monthly remittance to him of seems of money collected from operations of illegal gambling, commonly known as “jueteng”, based in the different provinces of the country allegedly in consideration of the prosecution or unimpeded operation of said illegal gambling.

The gist of the testimony of Singson relative to paragraph (a) of the Amended Information is set forth hereunder:

GOVERNOR LUIS “CHAVIT” CRISOLOGO SINGSON (Gov. Singson) was 61 years old, married, a businessman, and a resident of Mabini Street, Poblacion, Vigan, Province of Ilocos Sur at the time he took the witness stand as prosecution witness.  The examination of the witness was done by Solicitor General Simeon Marcelo under the control and supervision of the Ombudsman who was present.  The counsel de oficio of accused FPres. Estrada and Jinggoy Estrada, (Ret.) Justice Manuel R. Pamaran, objected to the appearance of the Solicitor General, which the Court noted.  [TSN dated July 17, 2002, pp. 166-167] The testimony of Gov. Singson was presented to corroborate the testimonies of prosecution witnesses Maria Carmencita Itchon, Emma B. Lim and the Equitable PCI Bank Branch Managers where Ricaforte opened accounts, and to prove that accused FPres. Estrada, Jinggoy Estrada, Atong Ang, Ricaforte, Serapio and the other accused, in conspiracy with one another, amassed and accumulated ill-gotten wealth for principal accused FPres. Estrada’s benefit while he was the 13^th President of the Republic of the Philippines in the amount of Four Billion Ninety Seven Million  Eight Hundred Four Thousand One Hundred Seventy-Three Pesos and Seventeen Centavos (P4,097,804,173.17), part of which was derived from:

(1)       the collection of jueteng protection money from November 1998 to August 2000, in the amount of Five Hundred Forty Five Million Pesos (P545,000,000.00) more or less and the amount of Two Hundred Million Pesos (P200,000,000.00) also from the said illegal gambling protection money; and

(2)       misappropriation, diversion and conversion for his personal gain as benefit public funds in the amount of  One Hundred Thirty Million Pesos (P130,000,000.00) more or less, representing a portion of the Two Hundred Million pesos (P200,000,000.00) Tobacco Excise Share allocated for the Province of Ilocos Sur under Republic Act No. 7171.

Gov. Singson was also presented by the prosecution to prove that Jinggoy Estrada and Serapio conspired with and/or acted as co-principals by indispensable cooperation of FPres. Estrada in the running of the illegal numbers game of jueteng and in the receipt by FPres. Estrada of jueteng protection money; that accused Jinggoy Estrada regularly collected jueteng protection money every month from January of 1999 to August 15, 2000, as an indispensable part of the amassing and accumulating ill-gotten wealth by principal accused FPres. Estrada and as part of the series and/or combination of overt or criminal acts constituting the crime of plunder; that Serapio conspired with FPres. Estrada and the other accused in receiving the Two Hundred Million Pesos (P200,000,000.00) which came from jueteng operations and in hiding and/or laundering the same through the banking system and that Serapio was the personal lawyer of FPres. Estrada and that in furtherance of the conspiracy he set up various juridical entities to mask and/or hide various illegal proprietary and business interests of FPres. Estrada.  Gov. Singson would also identify certain documents, checks, pictures and other facts relevant to the foregoing, which tend to prove the combination and/or series of overt and criminal acts, constitutive of the crime of plunder (and to oppose the petition for bail of Jinggoy Estrada.  Gov. Singson’s testimony was also offered to prove the illegal use of alias).  [TSN dated July 17, 2002, pp. 168-174]

Gov. Singson testified that he was called by FPres. Estrada at his house in Polk Street, Greenhills, on August of 1998.  Gov. Singson was then the Provincial Governor of Ilocos Sur.  Gov. Singson went to Polk Street in the evening.  He was assisted by a security guard towards the kitchen where he found Atong Ang and FPres. Estrada talking how to expand the operations of jueteng, an illegal numbers game, in the provinces where there was yet no jueteng protection money.  Shortly, Bong Pineda arrived.  Gov. Singson heard FPres. Estrada told Bong Pineda that starting on that day not to bring money at his house because it was very obvious.  Gov. Singson did not know Bong Pineda very much but he saw Bong Pineda in Congress when he was investigated regarding jueteng.  The jueteng money would protect jueteng operator from being arrested.  FPres. Estrada then instructed Bong Pineda to give the money to Atong Ang or to Gov. Singson because the latter was a Governor so it would not be obvious if he brought money to FPres. Estrada. [TSN dated July 17, 2002, pp. 178-187]