No more witnesses for Erap

Ousted President Joseph Estrada will no longer present any witnesses in his plunder and perjury trial before a special division of the Sandiganbayan, and instead submit additional documentary evidence to show that he was a victim of "selective prosecution."

Former senator Rene Saguisag, one of Estrada’s lawyers, told the special division they will also show that Estrada did not commit perjury when he submitted his 1998 statement of assets, liabilities and net worth (SALN).

"It is very clear that President Estrada was singled out," he said. "He is being prosecuted for not allegedly declaring nine companies."

Saguisag said they will ask the Office of the Ombudsman to show by way of a certification whether cases had been filed against Senators Edgardo Angara, Panfilo Lacson, Aquilino Pimentel Jr., Joker Arroyo and Manuel Villar Jr. in connection with the filing of their SALNs.

Estrada and the five senators had indicated in their SALN that they have investments, but did not enumerate their specific business involvement, he added.

However, Saguisag told the court that it was only Estrada who is being prosecuted for allegedly committing perjury, when he allegedly failed to declare in his 1998 SALN certain businesses that were already included under the heading "investments."

In his testimony before the special division, Estrada said his involvement with the firm First LPL Land Syndication Inc. was declared under the heading "investments" in his 1998 (the year he became President) SALN.

Estrada told the court the following companies, mostly restaurants, where his wife Sen. Luisa Ejercito also had shares, were not included in his SALN as these were either not able to operate or had already been closed for business even before he became president:

Asis-Ejercito Garment Inc., 24K International Food Inc., Prime Entertainment for Television Production Inc., Alpha Funds Inc., A.D.E. Food Inc., F.E.L.T. Food Services, All Hot Soup Inc. and Electronic Sentry Systems Inc. (which he said he started with television newscaster Angelo Castro Jr.).

Yesterday, Saguisag presented in court as evidence the 1998 Philippine Long Distance Telephone Co. (PLDT) business and government directory.

The eight companies which Estrada did not include in his 1998 SALN were not listed in the directory, he said, noting that this was proof that the companies were not operating at the time.

"You should advertise," he said. "Normally, businesses are listed (in the phone directory). Only private individuals may not be listed."

But Special Prosecutor Dennis Villa-Ignacio said Saguisag’s argument is based on a flawed basis.

"The argument is based on a flawed basis," he said. "It does not mean that if a company is not listed in the directory, it is not existing."

Villa-Ignacio later told reporters that Saguisag should have presented documents from the Securities and Exchange Commission as it is the agency of authority which could report on the true status of the companies.

"The proper agency should be the SEC," he said. "They should have secured a certification from the SEC. Unfortunately, they would not want to call these witnesses from the proper agencies."

Estrada had declared P377,385,307.08 in his SALN including P5,038,363.40 in cash on hand and in bank for the year ending Dec. 31, 1998.

However, an investigation by the Office of the Ombudsman in 2001 showed that Estrada’s total assets included P57,106,201.40 in three bank accounts alone.