Ombudsman affirms plunder raps vs Dichaves

MANILA, Philippines - Approving the recommendations of a special panel of prosecutors and graft investigators, Ombudsman Conchita Carpio-Morales affirmed yesterday the existence of enough evidence to indict businessman Jaime Dichaves for plunder before the Sandiganbayan.

In a 32-page Joint Resolution submitted to the anti-graft court’s Special Division yesterday, Morales said former President Joseph Estrada’s friend who up to now claims to be the real owner of the controversial Jose Velarde account should face trial.

“From a considered evaluation of the evidence on record, this Office finds that probable cause indeed lies against Dichaves for plunder,” Morales said, accusing the businessman of being involved in a conspiracy.

The joint resolution, signed by Deputy Special Prosecutor Jesus Micael, Assistant Ombudsman Aleu Amante, and four other members of the special panel, said the case filed against the businessman 11 years ago “remains.”

Dichaves was originally indicted on April 18, 2001 but since he was out of the country, only Estrada was tried and eventually convicted on Sept. 12, 2007.

Nine years later on Nov. 19, 2010, he filed a motion to quash and a motion for reinvestigation, claiming that he was denied due process and was not even served an order to file a counter-affidavit to defend himself.

On July 1, 2011, the Sandiganbayan granted his request and remanded the case back to the Office of the Ombudsman for the completion of a preliminary investigation, thus prompting Morales to create a special panel of prosecutors and graft probers to handle the same.

Dichaves, after being directed to do so, filed a counter-affidavit on Jan. 15, 2012 denying all accusations that he helped Estrada amass wealth through profit and commissions from the purchase of stocks by the Government Service Insurance System (GSIS) and the Social Security System (SSS) of Belle Corp. in 1999.

The money allegedly went to Estrada through deposits to the Jose Velarde account which was opened with Equitable-PCI Bank on Aug. 26, 2009.

Though the bank account started with only a P1 initial deposit, a series of transactions in just a span of 15 months had involved almost P3.3 billion until the same was closed on Nov. 13, 2001, the day that the former president was impeached.

Dichaves, based on the contents of the controversial second envelope which was later revealed even after senators voted not to open it during the Senate impeachment trial, was among those who deposited P210 million to the Jose Velarde account.

In his counter-affidavit, Dichaves claimed that the P189.7 million check that he deposited to the Jose Velarde account from Belle Corp. was paid to him by Willy Ng Ocier through the Eastern Securities Development Corp. as contribution to the so-called “common fund,” a collective investment of Filipino-Chinese businessmen which he was then managing.

He explained that in 1999, a group of businessmen pooled their resources for investment purposes and designated him as fund manager which is why he opened a bank account under the alias Jose Velarde “out of fear for his security and safety” and because “he did not want the common funds to be associated with his personal transactions.”

Dichaves said Estrada “was never a participant, contributor or investor in the common fund,” and the former president’s involvement in the common fund came about only when his good friend, William Gatchalian, asked him to convince him (Dichaves) and his co-investors to extend P500 million emergency loan to Gatchalian’s Wellex Corp. which was in imminent danger of folding up.

On Feb. 4, 2000, he said the loan was to be released in Malacañang with Equitable-PCI Bank executives present but because he was absent, Estrada allegedly signed as Jose Velarde for him which he, the following day, replaced or corrected by stating that the signature was “For Jose Velarde.”

The Office of the Ombudsman, after looking into Dichaves’ claims, however junked his defense which went against the separate testimonies of Clarissa Ocampo and lawyer Manuel Curato.

Morales said the claim that Estrada had nothing to do with the Jose Velarde account deserves scant consideration because “such claim is contrary to banking practice, for any person, even rules, to direct, and for a bank to allow the release of P500 million, or any amount for that matter, from an account which does not belong to that person.”

“Based on extant evidence, the other amounts of money deposited in the Jose Velarde account appear to have come from other sources linked to the former president including jueteng, share in the tobacco excise tax allocated for the province of Ilocos Sur, Muslim Youth Foundation, and campaign contributions of Manuel Pangilinan,” the Joint Resolution read.

Meanwhile, believing that Dichaves might try to escape again, Ombudsman lawyers want the Sandiganbayan Special Division to again issue warrants of arrest against the businessman who is now facing a non-bailable charge of plunder.

In a motion and manifestation, government prosecutors noted that with the termination of the preliminary investigation and with accused Dichaves’ indictment for plunder maintained, “it would only be proper that a warrant of arrest be forthwith issued and correspondingly effected.”

“With accused Dichaves now charged with the non-bailable crime of plunder, the possibility of flight becomes more probable. It must be recalled that accused Dichaves quietly left the country soon after then President Joseph Estrada was impeached and when the preliminary investigation in this case was first conducted by the Office of the Ombudsman,” they said.

Deputy Special Prosecutors Robert Kallos and John Turalba and Assistant Special Prosecutors III Pilarita Lapitan and Kristine Jennifer Carreon said Dichaves was a respondent then and yet was able to free the clutches of the law by seeking refuge abroad.

“He never came back to the Philippines until his co-accused President Estrada had been granted presidential pardon. Being an accused now for this non-bailable crime, it is certain that he would escape the long arms of the law again,” they said.