December 7, 2000, The Philippine Star, Prosecutors to present 54 witnesses, by Perseus Echeminada,

December 7, 2000, The Philippine Star, Prosecutors to present 54 witnesses, by Perseus Echeminada,

The prosecution in the impeachment trial against President Estrada will present a total of 54 witnesses in a span of 34 days, House Minority Leader Feliciano Belmonte Jr. (Lakas, Quezon City) said yesterday. Earlier yesterday, defense and prosecution lawyers fought over the number and identities of witnesses in the impeachment trial against the President, which opens today at the Senate. 

The trial lawyers held a closed-door meeting with Chief Justice Hilario Davide Jr., presiding officer of the Senate impeachment tribunal, to resolve the disputes and try to set the timetable for the impeachment hearings, the first in Asia. 

Emerging from the pre-trial conference, Belmonte, chairman of the 11- member prosecution panel from the House of Representatives, said they also agreed to try to complete the trial in 34 days. The conference was held in a bid to iron out kinks and ensure a speedy and orderly trial of the President, who faces charges of bribery, graft and corruption, betrayal of public trust and culpable violation of the Constitution. 

The tribunal has so far summoned presidential son and San Juan Mayor Jinggoy Estrada, erstwhile presidential ally Ilocos Sur Gov. Luis "Chavit" Singson, former Philippine National Police (PNP) chief Director General Roberto Lastimoso, Presidential Assistant for Bicol Affairs Anton Prieto and Yolanda Ricaforte, wife of Tourism Undersecretary Orestes Ricaforte, to testify. 
Belmonte said the number of witnesses and period of trial may be reduced if oral depositions were allowed. He also said the senators were amenable to the plan to distribute the opening statements on the articles of impeachment among the prosecutors. 

As agreed upon, Leyte Rep. Sergio Apostol will head the group that will present the bribery charges, Makati Rep. Joker Arroyo will handle the graft and corruption aspect, Quezon Rep. Wigberto Tañada on culpable violation of the Constitution and Misamis Oriental Rep. Oscar Moreno for betrayal of public trust. 

Apostol, who will set the pace for today's hearing, said his introduction may take at least one hour, thereby allowing for only one witness to be presented. "It is either Prieto or anyone available today," he said. He revealed that under the original plan, 10 witnesses will be presented on the bribery charge, 25 on graft and corruption, seven on betrayal of public trust and 12 on culpable violation of the Constitution. 

Mr. Estrada has pleaded not guilty to the charges, including taking more than P400 million in bribes from illegal gambling operators, embezzling tobacco excise taxes, and shielding business cronies targeted by government regulators. 

  
The prosecution panel also wanted the First Lady, Dr. Luisa "Loi" Ejercito, and five alleged presidential mistresses to take the witness stand. But the defense lawyers have vowed to oppose plans to subpoena the women, with Executive Secretary Ronaldo Zamora insisting that asking them to testify is irrelevant to the case. 

"This is not material to what the articles of impeachment say," Zamora noted. Moreno argued, however, that ordering the women to take the stand "is a matter of right and doesn't need court intervention." The prosecutors also wanted to inspect the mansions allegedly being built for Mr. Estrada's extended family, but the defense was also blocking that attempt. 

  
"They are just trying to introduce the mansion issue into the articles of impeachment," Zamora said, adding that the mansions were only borrowed or rented. Mr. Estrada, who has reportedly sired seven children with five women other than his wife, said he was leaving it to the tribunal whether to call his mistresses or not. "It is up to them (jurors). I will not interfere. I will depend on my lawyers," he said. 

Former senator and now Bohol Rep. Ernesto Herrera, a complainant in the impeachment case, said he has suggested that former movie actress Laarni Enriquez should be the first of the presidential mistresses to be called to the stand. Herrera said Enriquez, who bore the President three children, appeared to have the "most controversial and scandalous mansion" among the mistresses. The house, being built on a 5,000-square-meter property at the posh Wack Wack subdivision in Mandaluyong City, reportedly has a floor area of 2,800 sq. m. 

The master's bedroom alone is about 270 sq. m., the size of a big homelot for middle-income families, while the toilet measures 90 sq. m. which is equivalent to two so-called economy lots. Enriquez's mansion has a gymnasium, four kitchens and a beauty parlor. Another mansion identified with Enriquez is the so-called "Boracay" in New Manila, Quezon City. 

  
The houses are reportedly worth P250 million each. The Boracay mansion is in the name of former Presidential Adviser on Housing Jose Luis Yulo, but the prosecutors doubted Yulo's capacity to own such an expensive property since a local bank had once sued him for non-payment of P100,000 in credit card bills. 

Herrera also denounced the use of soldiers and policemen detailed with the Presidential Security Group (PSG) to protect the President's extended family. The congressman said this belies the report by PSG chief Lt. Gen. Jose Calimlim that his command protects only the official First Family. 

  
Herrera said one of the mistresses frequently seen in public places has at least 10 PSG escorts and travels in a convoy of security vehicles bearing the PSG logo. "We do not question the provision of security to the First Family. That is the job of the PSG, but taxpayers should not be made to pay for the vices of the President. They should not be made to subsidize his other women," Herrera said. 

Defense lawyer wants names of all witnesses 

Defense lawyer Jose Flaminiano accused the prosecutors of refusing to reveal the names of their witnesses. "In ordinary criminal trials, whenever there is information filed against an accused, the name of all the witnesses are already listed in the face of the information so that the defense will not be taken by surprise," Flaminiano pointed out. 

Former Solicitor General Estelito Mendoza, also a member of the defense panel, said the prosecution's strategy would result in delays as the defense would be forced to call for a postponement before cross-examining the surprise witnesses. The prosecutors have claimed that their witnesses were being followed and threatened, hence the need to conceal their identities. 

  
Davide said yesterday's meeting was meant to make the two sides agree on the number of witnesses to be presented, put a time limit on direct testimonies and cross-examinations, and fix the timetable for the termination of the trial. A worst-case scenario is a protracted legal battle which Economic Planning Secretary Felipe Medalla said would slow down economic growth next year to about two percent or half of this year's target. The prosecutors have pledged to speed up presentation of their case to enable the tribunal to reach a verdict by early February. 

'This is it,' Villar says 

Former Speaker Manuel Villar Jr. said the impeachment trial which rolls off today will be the "ultimate forum" for the embattled President to answer all the accusations against him. "This is it. He asked for his day in court and he will get it," Villar said. 

He said the trial proper would be the "perfect opportunity" for Mr. Estrada to refute the charges. "If he is innocent, he must present hard evidence to prove it as Filipinos want to know the whole truth." As Speaker, the Las Piñas congressman played a key role in impeaching Mr. Estrada. 

The case was subsequently elevated to the Senate for trial. Under the Constitution, it would take two-thirds vote of the senators, acting as impeachment tribunal, to convict the President. At the same time, Villar appealed to the presidential lawyers to avoid delaying the trial on the basis of technicalities. 

"This will be a test if the country's democratic processes work," Villar said in a statement. "We definitely need this trial to be credible if we want the political uncertainty to end." In another development, former Senate President Arturo Tolentino urged both the pro-Estrada and anti-Estrada camps to refrain from conducting further rallies in deference to the impeachment trial. "The Senate should first be allowed to continue with its functions as jurors. But when judgment day comes, then it is time for the people to react," Tolentino said. He said the conduct of rallies even as the impeachment hearings were ongoing would muddle the constitutional process as the jurors might be pressured. 

"The rule of the masses should be suspended in the meantime so that the rule of law may prevail," he said in a taped message. The tape was played during the launching of the Sandigan or Citizens Movement to Respect and Defend the Constitution at the Club Filipino in Greenhills, San Juan. 

He added that the people must be ready to react whatever verdict the Senate tribunal hands down. He also said that it is not necessary to prove beyond reasonable doubt whether the President is guilty. "All we need is to be assured that the senators will vote based on their conscience." — With reports from Jess Diaz, Marichu Villanueva, Non Alquitran