Sandigan reprimands prosecutor in Erap trial

Special Prosecutor Dennis Villa Ignacio was stopped yesterday by the Sandiganbayan’s special division from presenting a video at the plunder trial of ousted President Joseph Estrada that allegedly showed the former leader signing a controversial deal to repair three power plants.

The special three-judge panel sided with Estrada’s lawyers, who insisted that Villa Ignacio first produce a copy of the alleged contract signed by Estrada in November 1998 between the government and an Argentine company, Industrias Metalurgicas Pescarmona S.A. (Impsa), for the rehabilitation of three power plants.

They said trial rules require such a document be presented as the basis for the prosecution to proceed further with showing the video as evidence against Estrada.

Villa Ignacio told the court he wanted to challenge Estrada’s testimony in which he declared that he was against giving government guarantees to loans by private companies and never signed any such guarantees.

"Once they (private companies) do not comply (with the payments), the government will absorb that, and that is disadvantageous to the government and it is my duty to protect the interest of the government," Estrada had testified.

Villa Ignacio then presented documents purportedly showing that Estrada had approved several contracts giving government guarantees to private loans.

The justices, however, stopped Villa Ignacio from showing the video of the signing ceremonies for the deals with Impsa, held at Malacañang on Nov. 6, 1998, because Villa Ignacio only had the first and last pages of the contract available to show to the court.

Villa Ignacio, who promised to produce the entire document when the trial resumes next Wednesday, told reporters Estrada’s credibility had been undermined.

"If he could be very blatant in claiming something that is not true, then it could affect other statements he made in court with respect to more significant matters," he said.

Estrada several times raised his hand in court, indicating he was eager to answer questions regarding the contract.

His lawyers and the justices stopped him from speaking, however.

Outside the courtroom, Estrada told reporters the document he signed was part of "preliminaries" needed to proceed with the project and claimed it was a "commitment of my predecessors" to the Argentine company.

"I signed the contract, but there was no sovereign guarantee," he said.

Estrada claimed the guarantee was actually given by then Justice Secretary Hernando Perez, just days after he was ousted in a military-backed civilian uprising on Jan. 20, 2001.

In laying the grounds for the presentation of the video, Villa Ignacio furnished the court and the defense with certified photocopies of documents from the Malacañang Records Office.

Villa Ignacio said the documents were proof that Estrada did in fact enter into agreements with various firms, and that he allowed the granting of sovereign guarantees.

Among these was the Impsa agreement, dated Nov. 6, 1998, which was entered into with the National Power Corp. (Napocor) for the construction and rehabilitation of the Caliraya, Botocan and Kalayaan power plants, he added.

However, Sandiganbayan President Justice Teresita Leonardo de Castro, special division chairwoman, said the documents presented by Villa Ignacio only detailed the full powers of Estrada regarding the agreement between the Napocor and Impsa.

"The letter refers to the full powers of the President to enter into loans, not on the granting of sovereign guarantees," she said.

"We read about the full powers, and not about sovereign guarantees. These are two different things. The court knows what a sovereign guarantee is and what full powers are. The transmittal refers to full powers, not to a sovereign guarantee. And all loans entered by the Republic the Philippines are backed by a sovereign guarantee."

Villa Ignacio told the court that Estrada had affixed his signature as a witness to the Impsa agreement, contrary to what he had earlier said in court.

"We even have a video showing him signing the Impsa deal," he said. "It is also our contention that the former president entered into several sovereign guarantees."

But De Castro told Villa Ignacio that the court would only allow the showing of the video clip if the prosecution could present in court the actual agreement that Estrada had allegedly signed.

Supporting De Castro’s stand, Associate Justice Francisco Villaruz said the prosecution must present the agreement allegedly signed by Estrada in court before the video clip could be shown.

"Unless you show the contract, you cannot show the videotape," he said. "You say this video is on the occasion of the signing of the agreement. But you have not shown the agreement. And you must also show in the agreement the sovereign guarantee."