In a 111-page memorandum dated July 5, the prosecutors said the Sandiganbayan special division "gravely erred" when it dismissed the illegal use of alias case against Estrada on July 12, 2004.
Special Prosecutor Dennis Villa Ignacio said Estrada illegally used the alias "Jose Velarde" to conceal his true identity in several bank transactions.
"Estrada without having been duly authorized, judicially or administratively, taking advantage of his position and committing the offense in relation to his office, i.e., in order to conceal the ill-gotten wealth he acquired during his tenure and his true identity as the president of the Republic of the Philippines... unlawfully and criminally represent himself as Jose Velarde in several transactions and use and employ the said alias Jose Velarde which is neither his registered name at birth nor his baptismal name, in signing documents with Equitable PCI Bank and/or other corporate entities," Villa Ignacio said quoting the information filed in court on April 4.
Villa Ignacio said the proceedings in the plunder, illegal use of alias and perjury cases against Estrada were consolidated pursuant to the ruling of the Sandiganbayan, dated Jan. 21, 2002.
The prosecution panel has sufficiently proven through the testimonies, among others, of Equitable PCI Bank executive Clarissa Ocampo that Estrada has repeatedly illegally used the alias Jose Velarde in signing bank documents, he added.
Villa Ignacio said Ocampo, in her testimony, clearly told the special division that at around 11 a.m. of Feb. 4, 2000, she along with lawyers Manuel Curato and Fernando Chua went to Malacañang to get the signature of Chua’s principal, whom they later found out was Estrada.
Villa Ignacio said the prosecution has proven in court Estrada’s open, regular and repetitive use of the alias "Jose Velarde" on many other occasions.
They have also proven, through documentary evidence and testimonies of witnesses, that Lucena Baby Ortaliza, who transacted on the Jose Velarde account on numerous occasions, was an employee and agent of Estrada, he added.
Villa Ignacio said documents admitted in evidence have proven that Ortaliza was detailed at the office of the Vice President and later at the Office of the President, when Estrada was vice president and president.
Villa Ignacio said Ortaliza is a trusted employee of Estrada who as his representative made transactions on his account at Security Bank, as shown in records Ortaliza signed on behalf of Estrada.
Ortaliza was also the representative for Estrada’s conjugal account with his wife, Luisa Ejercito at Citibank and in trust account No. 858 with Urban Bank, he added.
Villa Ignacio said that on May 3, 2003, the government filed a formal offer of exhibits in the illegal use of alias case against Estrada.
"Indeed, Ms. Ortaliza, on behalf of respondent Estrada, who used the alias ‘Jose Velarde,’ made a total of 83 transactions, in the total amount of P3,219,791,659.09 with Equitable PCI Bank account no. 0160-62501-5, the Jose Velarde account, as established by the evidence submitted by the prosecution in Sandiganbayan against Estrada," he said.
Villa Ignacio said Estrada then filed his motions for reconsideration to the admission in evidence of all the prosecution’s documentary and real exhibits.
"The prosecution likewise filed its consolidated comment/opposition dated Oct. 27, 2003 thereto," he said.
"On Nov. 18, 2003, in its resolution dated Nov. 17, 2003, respondent special division of the Sandiganbayan denied the motions for reconsideration filed by Estrada in connection with the admission in evidence of all the prosecution’s exhibits.
"Thus, on Nov. 18, 2003, the prosecution was deemed to have rested its case-in-chief."