California judgment can mar Lacson bid

A California court’s civil damage ruling against Sen. Panfilo Lacson is endangering his presidential bid. Filipinos in the US who intend to vote in absentia in 2004 are thus avidly following the developments to find out this early whom to elect.

To be sure, Lacson’s lawyers are raising his being a contender for the highest Philippine office as grounds to quash the January ruling. Barbara Zuniga, of the Michael Cardoza law firm, argued in a belated Feb. 7 motion that the California Superior Court in Alameda County has no jurisdiction over the senator. She sought to reverse the order for Lacson to pay $3.03 million in damages to businesswoman Blanquita Pelaez.

The subsequent March 3 hearing on the motion, however, elicited bank records on Lacson’s alleged secret deposits in America. Papers entered into court records could be used to assail his fitness for and integrity in office.

On order of the court to submit briefs, Pelaez’s lawyer Rodel Rodis presented evidence last March 14 of Lacson’s financial capability to pay the damages. He said that, from initial findings, Lacson "opened several bank accounts in his own name at the Bank of America branch in Chula Vista, California, in 1996." On Feb. 21, 1996, the balance in two BA accounts totalled $78,478.98, or P2,040,453.40 at the then exchange rate of P26:$1. Interest-bearing checking account No. 1747100188 held $56,071; an accompanying savings account No. 17478-00046 had $22,407.

"One month later on March 21, 1996, defendant’s bank statement for these two accounts totalled $97,385.78," Rodis revealed. "One month later on April 22, 1996, (it) totalled $104,793.12."

Rodis went on: "One month later on May 22, 1996, defendant Lacson made deposits in these two accounts in the amount of $115,133.24. And on Oct. 22, 1996, defendant deposited $170,000 in the savings account."

That year when Lacson was still a police colonel assigned to then-Vice President Joseph Estrada, Lacson and his wife Alice DePerio bought a house on 2305 Sea Island Place in Chula Vista. "This property was later sold by defendant Lacson on July 13, 1999," Rodis said. Filipinos in the exclusive area have taken photographs of the house, which Lacson has described as a small condo. In a presidential campaign, he could be asked how he got cash to buy a California home on a police officer’s meager pay.

"At the peak of Estrada’s impeachment trial from Nov. 13 to Dec. 26, 2000," Rodis asserted, "defendant Lacson remitted to his wife a total of $444,299.62" – P23,103,580.24 at the then exchange rate of P52:$1.

Rodis gave a breakdown:

• $100,000 on Nov. 13 "to Alice’s address at 7255 Woodman Sherman Br., Woodman Avenue, Van Nuys, CA 91045 ... remitted through the Bank of New York to Mrs. Lacson’s Bank of America account in Van Nuys City";

• $49,980 on Nov. 15 "to Alice through the HSBC Bank, formerly the Marine Midland Bank";

• $149,980 on Nov. 27 "to Alice through the HSBC Bank"; and

• $144,339.62 on Dec. 26 "to Alice through the Bank of New York."

Lacson, then already National Police chief, flew to Washington on Nov. 30, 2000. He reportedly presented himself to US officials as a viable alternative for Estrada, who was losing his grip on the Presidency. Then-defense secretary Orlando Mercado and interior secretary Alfredo Lim alleged that he had no authority to fly or brief US officials about sensitive matters of internal security. This could again become a campaign issue.

Rodis said that "on Jan. 8, 2001 Alice had two accounts at the Bank of America branch in Rancho Cordova. On one (No. 24306-01369), a prime interest checking account, the amount showed $10,114.62 The other (No. 24301-01390), an interest maximizer account, showed $356,464.54. By May 8, 2001 these two accounts still had $251,195.84.

Rodis explained that California is a "community asset state." That is, like Philippine laws on conjugal property, the bank accounts of a married person is considered co-owned by the spouse. Critics have accused Lacson of not declaring the deposits in his 2001 statement of assets and liabilities before running for senator in May. Lacson in turn admitted that his wife runs businesses in the US.

Rodis continued: "On June 5, 2001 Alice issued a check in the amount of $246,199.25. From these Bank of America accounts, Alice purchased two Toyota Sequoia SUVs from Longo Toyota, each for $50,000. One was made on Dec. 3, 2000, on check No. 101; the other on Dec. 27, on check No. 102."

"Likewise on March 16, 2001," Rodis stated, "Alice issued two checks, each in the amount of $50,000 and both made out to Orient Light Freight International Inc. Two days earlier on March 14, Alice withdrew $100,000 from Bank of America account No. 24306-01369, which was deposited in the account of Orient Light." Rodis said the company was formed on Jan. 8, 2001, with Alice signing the incorporation papers as the "organizer."

Rodis traced the money movements to Orient Light: "On March 14, 2001, Rosalinda Tiu, using the same address of Alice, opened a Wells Fargo account for Orient Light LLC, with Mrs. Lacson as vice president (with Social Security No. 621-94-4437). Robert Co, as president, signed a certificate of authority to open the account Np. 201-8575365. On April 17, 2001, Orient Light’s bank account showed a balance of $200,098."

The California court has yet to rule any which way. Rodis is pressing for immediate payment of the $3.03 million from Pelaez’s suit, in which Lacson was found guilty of slander, causing emotional distress and interfering in business relations in Alameda County. Zuniga is asking the court to drop the case because the court notices were not duly received by Lacson in Manila.

Zuniga also said that Lacson’s original lawyers in Manila, from the Fortun Narvasa firm, were "unfamiliar" with California laws. "Defendant was mistakenly led to believe by his counsel that this court would dismiss this action on jurisdictional grounds."

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Catch Sapol ni Jarius Bondoc, Saturday, 8 a.m., on DWIZ (882-AM).

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