Kelvin Tan and Vicky and Thomas Toh formally submitted yesterday to the office of Senate President Franklin Drilon, through their lead counsel Gelacio Mamaril, the bank certifications "affirming the non-existence of the alleged joint accounts of Victoria Toh with Jose Pidal."
The certifications were issued by the presidents of Banco de Oro, Allied Banking Corp., PhilAm Savings Bank, Banco Filipino, UnionBank of the Philippines and Metrobank.
Mamaril and co-lawyer Roberto Arca also submitted the bank certifications to administration Sen. Joker Arroyo and opposition Senators Sergio Osmeña III and Edgardo Angara, who chair the Senate Blue Ribbon Committee and the committees on banks and constitutional amendments and revision of codes and laws, respectively.
Mamaril, however, said that they temporarily deferred the filing of a complaint against Lacson before the Senate committee on ethics chaired by administration Sen. Francis Pangilinan after they were told by Drilon that the investigation being conducted by the Blue Ribbon and the committees on banks and revision of codes "will take precedence over the investigation to be conducted by the ethics committee."
Kelvin Tan earlier filed a libel suit against Lacson. However, Vicky and Tomas Toh were not able to join him in filing the case before the Manila regional trial court as they are not in the country.
"In filing a libel case, which is criminal in nature, it has to be personally filed by the complainant. But in the filing of civil case, which we reserved when we file the libel case against Lacson, we can file it without the complainant being there physically," Mamaril said.
Katrina Datoc, manager of the PhilAm Savings Bank and Teodoro Panganiban, executive vice president of the Union Bank of the Philippines, in letters dated Sept. 5 and 10, respectively, denied there was an existing joint account in their banks under the names Jose Pidal and Victoria Toh.
"We confirm that our records do not show that the following account exists: Jose Pidal and Victoria Toh, joint account no. 001101-02084-2," Datoc said.
"Upon verification with our records, please be informed that there is no account opened at Union Bank of the Philippines in the joint name of Jose Pidal and/or Victoria Toh," Panganiban said in his certification issued to Mamaril.
For his part, Nestor Tan, president of Banco de Oro, said that there is no existing account no. 00218008731 under the name of Victoria Toh with balance of P19,531,000 as of July 2003, contrary to earlier claims of Lacson.
"We certify that based on records available to us and to the best of our knowledge, the above-described account does not exist," Tan said.
Edgardo Nacpil, vice president of Banco Filipino Savings and Mortgage Bank, said that account no. 11043-000684-2 "does not exist" in Banco Filipino.
Reynaldo Maclang, president of the Allied Banking Corp., also denied the existence of account no. 003461-00357-3 in their bank.
In a certification dated Sept. 15, Angelica Hernandez, senior vice president and chief legal counsel, said that "there is no existing account with Metropolitan Bank and Trust Company with the number 007-431-000376-9.
"It is very clear from the certifications of the banks that the assertion of Senator Lacson (was) untrue and false, for which our clients are entitled to some remedies. What (can) the simple civilians like Miss Vicky Toh, Tomas Toh and Kelvin Tan... do from the accusations being hurled by a senator hiding in his parliamentary immunity?" Mamaril asked.
"These were fabricated evidence because they are not (in) existence. He (Lacson) is trying to create bank accounts out of thin air," Arca added.
Meanwhile, Lacson said in a statement, that the bank certifications hold no relevance in the Jose Pidal investigation because their contents are open-ended and do not actually authenticate the non-existence of the accounts being scrutinized by the Senate.
"Of course, once an account is closed, it no longer exist but I don’t think that the banks have even tried to look at their records during the periods I mentioned in my privilege speech," Lacson said.
"The bank certifications are irrelevant but were still submitted simply to deceive the public and for propaganda purposes," he stressed.
Lacson challenged the Toh siblings to come home to the Philippines so that they can personally file their cases against him.
Mamaril, however, expressed fears the Lacson might resume spreading unfounded charges in his third privilege speech.
"Our clients have suffered much from the baseless and unsubstantiated charges hurled against them, picturing them as co-conspirators in the alleged laundering of funds. Should they be left to suffer more?" he asked.