Erap lawyers: If it does not fit, acquit

Lawyers for former President Joseph Estrada claim they have successfully refuted prosecution allegations that P130 million in kickback money was once delivered to Estrada at his Greenhills, San Juan home in 1998.

Estrada’s corruption trial was held yesterday at the Bangko Sentral ng Pilipinas, where defense lawyers sought to demonstrate that the money could not have been brought to Estrada as alleged by main prosecution witness Ilocos Sur Gov. Luis Singson.

Singson claims that four boxes containing the money were brought to Estrada’s residence on Polk street in North Greenhills in August 1998, just months after he assumed office.

Defense lawyers claimed victory yesterday after showing that P130 million in demonitized notes lent by the Bangko Sentral ng Pilipinas (BSP) could not fit in four boxes.

The boxes — each measuring 15 inches long by 12 inches wide by 10 inches high — could each contain 20 bundles of P1 million in cash, or a total of P80 million.

"If it does not fit, acquit. In this case, the physical evidence showed the P130 million did not fit into the four boxes, so acquit," lead defense lawyer Rene Saguisag told reporters after the hearing.

"This is a major victory for the defense," said Saguisag’ co-defense lawyer Jose Flaminiano.

Chief State Prosecutor Dennis Villa Ignacio, however, told the Sandiganbayan’s three-judge special division that P90 million in cash — not P130 million — was brought to Estrada that day and that "withdrawals" were made by Ang before the money was delivered.

"The P90 million forms part of the P130 million. It was brought inside the residence of Estrada. And Ang said the balance was set aside for (Estrada’s) son and wife, Senators Jinggoy Estrada and Luisa Ejercito," he said.

Saguisag countered: "That’s a fabrication. That (figure of P130 million) was what surfaced even during the impeachment" proceedings against Estrada.

"We regret that we cannot agree with the prosecutor. We don’t know who testified that only P90 million was brought. We are of the opinion that it would not have been possible (for Singson and Ang) to deliver the money," said former justice secretary Serafin Cuevas, another defense lawyer.

Villa Ignacio, on the other hand, said yesterday’s demonstration bolstered the prosecution’s case, pointing out that the boxes were not too heavy for a person to carry.

Defense attorneys earlier said Singson’s testimony was "highly improbable," contending that P130 million in P1,000 bills weighed approximately 130 kilos and that the cash was too heavy for one person to carry at one time across a certain distance.

"The point is, this has not been refuted. The defense overlooked this," Villa Ignacio said.

Estrada was ousted in 2001 by a military-backed popular uprising following Singson’s accusations that Estrada illegally amassed up to P4 billion from an illegal gambling protection racket that he ran during his 31-month presidency.

He was replaced by then vice president Gloria Arroyo.

Estrada also allegedly pocketed state funds intended for tobacco farmers. He allegedly laundered his stash in a local bank account under the alias Jose Velarde.

He denies the charges and maintains his ouster was illegal and that he enjoys parliamentary immunity. He also claims that the trial is rigged.

At his impeachment trial in January 2001, the Estrada-controlled Senate refused to accept as evidence an envelope purportedly containing the Jose Velarde bank documents.

However, the Senate vote sparked the uprising that unseated Estrada.