Subpoenas will be issued to Rizal Commericial Banking Corp, Metropolitan Bank and Trust Co., Security Bank and Trust Co., Allied Banking Corp., Bank of Commerce, United Coconut Planters Bank, Asia United Bank, International Exchange Bank and Urban Bank, Ombudsman Aniano Desierto told reporters yesterday.
Desierto said the subpoenas were issued based on the allegations in a complaint filed against Estrada yesterday by Rafael Mariano of Bagong Alyansang Makabayan and 79 other representatives of the various groups that spearheaded Estrada’s ouster.
However, Desierto said the forfeiture case filed by the 80 left-wing groups against Estrada has many loose ends and may not stand in court.
"I’m sorry to say that the complaint for forfeiture is really very superficial," he said. "There are many things that have to be looked into first. That is the reason why we have referred that to the fact-finding bureau."
Desierto said private lawyers Romeo Capulong and Ma. Elena Enriquez have asked the Ombudsman to subpoena bank documents allegedly showing Estrada’s deposits, but the bank account numbers were not contained in the annexes to the complaint.
"Just the same, our fact-finding bureau will work on this," he said. "That means, it will not go direct to preliminary investigation. We have to use our FFIB to look into the alleged evidence mentioned because it is not complete."
Desierto assured pro-Estrada protesters, who had picketed the Ombudsman’s office along Antonio Villegas (formerly Arroceros) street in Manila yesterday, that the investigation of the cases against the deposed President will be kept strictly within the "parameters of the law" and the rules governing preliminary investigation.
"The right of the former President to due process of law shall not be violated," he said.
On the other hand, Justice Secretary Hernando Perez said yesterday government prosecutors will file today or tomorrow two or three more plunder cases against Estrada on top of the seven cases now pending in the Ombudsman.
Perez said the justice department is still investigating "other properties not included in the list" like the mansions in New Manila in Quezon City, Tagaytay Highlands, Wack Wack subdivision in Mandaluyong City , Forbes Park in Makati, and Marina Bay in Parañaque City.
In another development, Immigration Commissioner Andrea Domingo ordered immigration officers at the Ninoy Aquino International Airport (NAIA) and other ports yesterday to stop Estrada and 23 other people from leaving the country.
Domingo told reporters her office has received information that the deposed President and his associates are planning to sneak out of the country before the Ombudsman could charge them in court.
Domingo said immigration officers have instructions to report to the justice department and the Ombudsman any attempt by Estrada and his associates to board any aircraft or ship.
The Department of Justice has issued a hold-departure order against Estrada, members of his family, and his associates after criminal charges were filed against them before the Ombudsman.
Domingo said the Sandiganbayan might order the arrest of Estrada and his associates to assure that they would appear in court to face the criminal charges against them.
Also in the immigration bureau’s hold-departure list are former First Lady Luisa Ejercito Estrada, former Budget Secretary Benjamin Diokno, former Executive Secretary Ronaldo Zamora, former Legislative Liaison Officer Jaime Policarpio, San Juan Mayor Jinggoy Estrada, lawyer Eduardo Serapio, Raul de Guzman, banker Manuel Zamora, Charlie "Atong" Ang, Danilo Reyes, Mila Reforma, Yolanda Ricaforte;
Ilocos Sur Vice Gov. Victor Savellano, provincial accountant Carolyn Pilar, provincial treasurer Antonio Gundran, general services officer Ernie Mendoza II, and provincial employees Leonora Tadera, Estrella Mercurio, Dionisia Pizarro, Cornelia Almazan, Erlita Arne, Maricar Paz, and Marina Atendido.
Ricaforte left the country a day after Estrada was ousted, along with her husband Orestes, who was a former undersecretary at the Department of Tourism.
Ang also fled abroad before the hold-departure order was issued.
Desierto said banks may no longer cooperate with graft investigators and invoke the Bank Secrecy Law, although the Ombudsman has the power to examine bank documents.
"Supposing the banks resist us?" he asked. "What can I do now. But legally they cannot refuse because that’s within our authority. I will order the banks to submit to us the records of the bank accounts, if there is any."– With reports from Rey Arquiza