A case of one Delia Rajas too many briefly threw the 17th day of President Estrada’s impeachment trial into confusion.
It also derailed yesterday the testimony of a Land Bank of the Philippines branch manager who said two women and a man deposited a total of P130 million in her bank, then withdrew the funds the next day.
A woman identified by the defense as the "real Delia Rajas" said she could not possibly have entered into any bank transactions involving P50 million because she was only a cook.
Some senator-judges nearly blew their top over the defense panel’s alleged attempt to mislead the impeachment tribunal by asking Caridad Rodenas, manager of Land Bank-Shaw Boulevard (Mandaluyong City) branch, to pick out from the gallery the "Delia Rajas" who came to her office — along with Eleuterio Tan (also known as Victor Tan Uy) and Alma Alfaro — to open three bank accounts totaling P130 million on Aug. 28, 1998.
Sen. Raul Roco castigated defense lawyer Sigfrid Fortun for alleged lack of candor and attempting to mislead the impeachment tribunal by asking Rodenas to pick out Delia Rajas from the gallery.
Sen. Franklin Drilon agreed with Roco’s observation, saying "there was some misrepresentation in this court."
Fortun’s scheme also prompted an investigation by the Senate to determine if he misled the impeachment tribunal on the identity of Rajas.
Roco indicated that he was particularly irked by Fortun’s trial tactic to compel Rodenas to go around the gallery, knowing fully well that it would be an exercise in futility for the witness.
"He knew fully well that there is no person that could be identified (by the witness). There was misrepresentation because Delia Rajas present was different... we have at least two Delia Rajas(es)," Roco said.
Fortun tried to argue his point but Roco cut him short. "Magkakatalo tayo (We will have a disagreement on that)."
Sen. Renato Cayetano noted that Fortun even asked Rodenas to use the Social Security System (SSS) identification card of Rajas to look for her.
Returning to the stand, Rodenas declared the Delia Rajas that she knew was not in the courtroom.
"Based on my recollection of how she (Rajas) looks, she is not in this courtroom," Rodenas, looking nervous and on the verge of tears, said.
At this point, Fortun tried to avoid presenting the "real Delia Rajas" but was prevailed upon by the court to call her to take the stand.
Fortun said with Rodenas’ failure to identify the real Delia Rajas, the paper trail in the P130-million alleged kickback would end with Singson himself.
He also hinted that the Eleuterio Tan and Alma Alfaro who opened the bank accounts and withdrew the huge amounts were fictitious, adding that these persons were agents of Singson himself.
Challenged to make his motion to cite Fortun for contempt, Roco replied it is distressing to charge a colleague in the law profession.
Sen. Juan Ponce Enrile picked up the cudgels for Fortun, saying it is the prerogative of the counsel to assail the credibility of the prosecution witness.
Sen. Miriam Defensor-Santiago described Fortun’s trial tactic as "unconventional and flamboyant."
Upon questioning by Cayetano, Rajas admitted she was fetched from her place in Caloocan City by two women upon the instructions of defense lawyer Raymund Fortun.
She identified herself as "Delia Ibarra Rajas, 35, a native of Camarines Norte, and working as a cook for Mrs. Catalina Ang, mother of presidential friend Charlie "Atong" Ang.
Documents presented as evidence to the court, showed that her signature on her SSS membership card was drastically different from the signature of Delia Rajas who was purportedly employed by Power Management and Consultancy Inc., a corporation owned and managed by Ang.
Rajas said she did not have anything to do with the bank transactions regarding P50 million deposited and withdrawn under her name.
The defense has sought to establish a paper trail regarding the P170 million tobacco excise tax remittance for Ilocos Sur as requested by Gov. Luis "Chavit" Singson, principal accuser of President Estrada.
From the Malacañang branch of Land Bank, the funds were transferred to the bank’s branch in Vigan, Ilocos Sur.
Singson has claimed that prior to the release of the P170 million, Ang has informed him of Mr. Estrada’s demand for a share of the funds to settle some debts incurred during the presidential campaign.
Singson said he was compelled to agree to the demand because he wanted to pursue the installation of a modern tobacco curing plant for tobacco farmers in his province.
Land Bank Vigan branch manager Elizabeth Balagot has testified that Singson ordered the transfer of P130 million to the account of Rajas, Tan and Alfaro on Aug. 27, 1998.
Balagot said Rajas and Tan tried to encash P90 million from Westmont Bank (now United Overseas Bank) branch in Mandaluyong. Rejected, they encashed the check with Land Bank Shaw Boulevard the following day.
On the same day, Alfaro withdrew her P40 million from the same bank.
Balagot said on Aug. 27, two employees of Singson — Maricar Paz and Marina Atendido — tried to encash a P170-million check in the governor’s name.
When the bank’s asked for time to come up with the amount, Singson’s administrator called up the bank asking for five demand drafts which can be encashed immediately.
Balagot said she denied the request because the bank does not issue demand drafts payable to cash.
The witness said the administrator called up again asking that the demand drafts be issued in the names of Rajas (P30 million and P20 million), Alfaro (P40 million) and Tan (P40 million).
The request was later amended to just transfer the P40 million for Alfaro to the Shaw Boulevard branch. On the other hand, the three demand drafts for Tan and Rajas were issued.
She said the following day, she received a call from Westmont Bank informing her that Rajas and Tan were trying to encash the demand drafts and subsequently deposit it with the same bank.
Balagot said she disallowed the encashment with Westmont.
Instead, she ordered the cancellation of the demand drafts and transfer the P90 million to Shaw Boulevard branch of Land Bank.
Prosecutor Misamis Oriental Rep. Oscar Moreno presented documents showing Tan, Alfaro and Rajas opened the corresponding bank accounts with Land Bank-Shaw Boulevard on Aug. 27 and 28, then closed the same accounts in early December.
Quezon City Rep. Feliciano Belmonte Jr., manager of the 11-member prosecution panel from the House of Representatives, contended that the appearance of the real "Delia Rajas" did not make any dent at all in their efforts to link the P130 million to the President.
"Delia Rajas is a mere cook in the residence of the mother of Atong Ang, so only an insider would have known about her existence. Definitely, somebody from Ilocos Sur would not have known about the existence of that cook," Belmonte said.
He pointed out that there appeared to be a second Delia Rajas, adding that he remained confident that the prosecution could locate Alma Alfaro who appeared with another woman who introduced herself as Delia Rajas to Rodenas.
Belmonte noted that Alfaro presented an identification card from a school in Bacolod, so she could be traced.
Earlier, Senate President Aquilino Pimentel Jr. read into the records the failure of the Senate sergeant-at-arms to find Alfaro and Tan at the addresses they gave the Land Bank, adding that barangay officials in the localities have denied any knowledge of their existence of the two people.
Pimentel also said Tan appeared to be the same person as Victor Tan Uy who is connected with the Power Express, a firm organized by Ang, and is the operator of jai alai for the state-run Philippine Amusement and Gaming Corp.
Victor Lim, Citibank vice president, said the check dated Sept. 29, 1999 was deposited in the First Lady‘s account on Oct. 4, 1999.
Lim also submitted to the court the account opening form accomplished by Mrs. Ejercito on July 17, 1985 when the President was still mayor of San Juan.
Moreno said the check is additional prosecution evidence to prove that Singson had been giving jueteng payoffs to Mr. Estrada.
Defense lawyer Jose Flaminiano stipulated on the facts regarding the check, but questioned its relevance and materiality to the impeachment case.
Belmonte ruled out the possibility of calling the First Lady to the stand. He argued, however, that the real issue is how and why Mrs. Ejercito got the check. "She should explain that," he said.
Lim also submitted to the tribunal documents on a P46.35 million check made out by Singson to presidential crony William Gatchalian.
Moreno said this also proves Singson’s claim that he had been asked by the President togive some money to Gatchalian.
Lim will continue his testimony this afternoon.
Meanwhile, the defense panel said they could answer point-by-point, the allegations against their client regarding the Jose Velarde bank account with Equitable-PCI Bank.
He said their own witnesses would contradict previous testimony by Equitable-PCI Bank senior vice president Clarissa Ocampo that Mr. Estrada repeatedly signed documents on a P500-million trust account as Jose Velarde.
"We will disprove all allegations being presented and people should just wait when it is our time to present our own side of the story which is the true side of the story," Flaminiano said.
Singson, erstwhile drinking buddy and political ally of the President, has also alleged that he delivered more than P400 million in payoffs from jueteng operators in Luzon.
The allegations triggered the impeachment trial for alleged bribery, graft and corruption, culpable violation of the Constitution and betrayal of public trust.
Mr. Estrada has repeatedly denied the accusations.