Impeachment: Arroyo on Trial

Impeachment: Arroyo on Trial

Day 1, Thursday, December 7, 2006

• 7:21 p.m. - Prosecutor Apostol reminds Davide that the witness is still on the witness stand. Ricaforte -- dressed in checkered pink accentuated by white lapels -- smiles on the stand, crowd erupts in laughter. Davide asks Ricaforte to vacate the witness stand. Day One of the Arroyo impeachment trial comes to an end.
• 7:20 p.m. - Senator-Judge Francisco Tatad asks that the impeachment trial be dismissed until tomorrow, 2 p.m. Chief Justice Puno concurs and dismisses the trial for the day.
• 7:18 p.m. - Prosecutor Libarios asks that the original exhibits -- having been marked -- be returned to the prosecution. Yolanda Ricaforte and Anton Prieto are asked to come back tomorrow at 2 p.m. to continue their testimonies.
• 7:12 p.m. - Senator-Judge Mar Roxas asks the prosecutor to define his terms -- whether what Ricaforte now has in court is a ``ledger,’’ a ``listahan’’ or a ``journal.’’
• 7:05 p.m. - Prosecutor Apostol asks the court that the so-called "listahan" of Ricaforte -- dressed in checkered pink clothing -- be marked as Exhibit C.
• 7:03 p.m. - Apostol takes away microphone from witness stand, asks Ricaforte if she understands ``ledger’’ to be the same as "listahan." Chief Justice Davide asks if anyone from the Senate would want to act as interpreter. Senator-Judge Drilon says that it doesn’t matter when it comes to stenographic notes since we all understand Tagalog and English anyway.
• 7:00 p.m. - Prosecutor Apostol qualifies the witness, Ricaforte gives personal background. Ricaforte says she wants to testify in Filipino. Chief Justice Davide says that if she can speak in English, she should do so to avoid delay.
• 6:58 p.m. - Chief Justice Davide calls for subpoenaed witness Yolanda Ricaforte. Ricaforte takes the stand. Senate Secretary administers the oath.
• 6:55 p.m. - To avoid delay, Senator-Judge Cayetano suggests that the prosecution and defense agree to what had been agreed upon yesterday during the pretrial proceedings. Senate President Juan Ponce Enrile asks that Lastimoso vacate the witness’ chair since Yolando Ricaforte and Anton Prieto -- the next witnesses -- have entered the courtroom.
• 6:53 p.m. - Defense lawyer Estelito Mendoza says getting an original copy of the memo would be difficult, it would take some time. Prosecution lawyer Libarios insists on having an original copy. Chief Justice Davide says that if the original cannot be produced by tomorrow, they will proceed with the two other prosecution witnesses. Davide grants deferment of prosecution redirection.
• 6:51 p.m. - Prosecution lawyers Libarios and Apostol object to having the memo as exhibit since these are only photocopies. They reiterate the need for the copy. Libarios asks for a deferment of a redirection of cross-examination by the prosecution since they don’t have the original copy of the memo.
• 6:48 p.m. - Prosecution lawyer Libarios asks why the defense cannot produce original copy, since Lastimoso says that the memo was ``probably’’ issued by him. Libarios says that with today’s technology, the copy cannot be ascertained as certified, and that the signature may not be Lastimoso’s.
• 6:43 p.m. - Defense counsel Fortun presents memorandum issued by Lastimoso, gives copies to Senators-judges. The memo quotes Lastimoso as saying that the President is ordering an immediate stop to gambling activities nationwide, and that the memo serves as an ultimatum to police officials to stop jueteng activities in their respective areas of jurisdiction. Fortun asks that the memo be marked as Defense Exhibit 2. Portion in paragraph 1 and 2 -- directive of the President to eradicate jueteng -- marked Exhibit 2-A.
• 6:40 p.m. - Fortun asks if Lastimoso recalls being directly instructed by the President to coordinate with Singson on matters of jueteng. Lastimoso says yes, the President said: "Tulungan mo, mag-coordinate kayong dalawa." Fortun: "But there was no direct instruction to coordinate on jueteng?" "I presumed it was about jueteng," Lastimoso says. "You presumed?" Fortun counters.
• 6:37 p.m. - Defense counsel Fortun calls on Lastimoso’s attention to Paragraph 4 of his affidavit -- Exhibit B -- quoting Lastimoso as saying that some of his statements and handwritten annotations are based on his own presumptions. Fortun says that it appears that Lastimoso merely presumed that he was being instructed by the President to coordinate with Singson regarding his jueteng operations.
• 6:36 p.m. - Impeachment trial resumes at Senate session hall.
• 6:20 p.m. - Drilon asks for a one-minute recess to have the affidavits reproduced since they don’t know what the prosecution and defense are talking about. Chief Justice Reynato S. Puno suspends the session for five minutes to have the affidavit photocopied.
• 6:19 p.m. Defense lawyer Siegfried Fortun approaches bench to cross-examine Lastimoso. Fortun proceeds to read the affidavit of Lastimoso and confirm it with the witness, but Chief Justice Davide interrupts Fortun upon the motion of Senator-Judge Franklin Drilon.
• 6:15 p.m. - Senator-Judge Roco asks that the prosecution make it clear if they want to just establish that the affidavits exist, and why not, for the sake of speed and clarity, affirm what is contained by the affidavit. Congressman-Prosecutor Libarios says that he will get to that point, just two more questions.
• 6:05 p.m. - Prosecution asks that certified true copy of affidavit signed by Lastimoso linking Estrada to the jueteng operations of Singson be marked as Exhibit A. Lastimoso says he issued affidavit on Oct. 12, 2006 upon advise of his lawyer, plus a supplemental affidavit to clarify his statements made during a press conference.
• 6:00 p.m. - "After the president gave you that instruction, what else did the President ask you to do?" Libarios asks Lastimoso. Defense lawyers object, saying that the question implies that the President had already done something about the allegation that Estrada is linked to Singson’s jueteng operations. Chief Justice Davide says the witness may answer the question.
• 5:55 p.m. - Prosecution lawyer Rep. Roan Libarios of Agusan del Norte asks former Philippine National Police chief Edgardo Aglipay if he knew Ilocos Sur Gov. Luis ``Chavit’’ Singson. Lastimoso confirms that he was introduced by the President to Singson, and that the President said that Singson would handle jueteng operations in Ilocos Sur. Lastimoso says he was then instructed by the President to talk to Singson outside the room to coordinate with him.
• 5:52 p.m.- Former police general Roberto Lastimoso takes the stand as the prosecution’s first witness. Lastimoso is sworn in, he gives his educational and professional backgrounds.
• 5:50 p.m.- Prosecution states that there are four witnesses for Article 1 who were served subpoenas. These are Roberto Lastimoso, Yolanda Ricaforte, Anton Prieto and presidential daughter Luli Arroyo. However, the younger Arroyo is out of the country. Rep. Roan Libarios of Agusan del Norte is conducting the direct examination of the witness. Asked earlier by Chief Justice Hilario Davide Jr. if the prosecution has other potential witnesses for Article 1 or the charge of bribery, Rep. Sergio Apostol of Leyte said they were considering Senators John Osmeña and Tessie Aquino-Oreta as potential witnesses. Apostol, however, said the prosecution had not yet decided if they would call on the senators to testify.
• 5:47 p.m. - Senate President Teofisto Guingona informs Chief Justice Puno that prosecution witnesses Anton Prieto and Yolanda Ricaforte are in the holding room. Chief Justice advises the witnesses’ lawyers to join them and should not be inside the court.
• 5:45 p.m. - Chief Justice asks prosecution to present witness, but prosecution lawyer Sergio Apostol asks for the presentation to be deferred. Chief Justice Davide declines request, saying that it had already been agreed upon the day before that the witnesses be presented immediately after the opening arguments. Davide asks prosecution who the witnesses are for Article 1.
• 5:43 p.m.- Impeachment trial resumes at Senate session hall.
• 5:24 p.m.- Prosecution asked by Chief Justice to present first witness. Prosecution says they are ready, but asks for a 10-minute recess.
• 5:23 p.m. - Mendoza closes arguments for defense panel. Mendoza concludes with a few general observations. He candidly admits that one of the problems he knew the defense would face when it took upon the case was the need for the senators in an impeachment case to have the cold neutrality of a judge. He admits that the defense first made representations to the Senate blue ribbon committee to stop the investigation, pointing out that the charges that led to this probe were also the bases for this impeachment trial. He then points out that they wanted certain members of the Senate to inhibit themselves. He reminds the Senate impeachment tribunal that the Senate investigation began with the “I Accuse” speech of Senate Minority Leader Teofisto Guingona. He adds that certain senators were joining the rallies against President Estrada. He says that while they are saddened, he hopes the tribunal would render an objective judgment and consider the mandate given by the Filipino people to Mrs. Arroyo. He closes his presentation with a feeling of confidence not only from belief in innocence of Mrs. Arroyo but also the prayers of many Filipinos. Presentation of first witness proceeds.
• 5:15 p.m. - Mendoza says that charges against the President are misinterpreted under the Constitution, and when there is wrong interpretation, this does not constitute culpable violation of the Constitution. "If the senators stand now as judges, under certain jurisprudence, they should have complete neutrality of a judge," Mendoza says. "As we continue with these proceedings, on the part of the defense, we are confident that the senators will render impartial justice. When the time comes, we are confident that a judgment of freedom will be rendered."
• 5:09 p.m. - Defense counsel Mendoza proceeds to Article of Impeachment No. 4 -- culpable violation of the Constitution.
• 5:05 p.m. - Mendoza says the President’s association with Dante Tan is immaterial since Tan is not the one being charged. Says charges of former Securities and Exchange Commission chair Perfecto Yasay are baseless. Mendoza says the recent public statements made by Yasay are contradictory to his written testimony on the alleged meddling of President Arroyo on the BW Resources Corp. stock trading scandal. The BW scandal will be used as the main evidence in the betrayal of public trust case against President Arroyo. Mendoza cites Yasay’s testimony as saying that the former SEC chair ordered an investigation on BW Resources and President Arroyo himself ordered him to stop all investigation and clear BW owner Dante Tan of his participation in the alleged tock trading scam. Mendoza says Yasay soon after contradicted his own testimony in a TV program when he disclosed that President Estrada "did not specifically tell me to stop my investigation and did not specifically tell me to clear Mr. Dante Tan."
• 5:02 p.m. - Mendoza closes arguments on charge No. 2, proceeds with the third article -- betrayal of public trust.
• 5:00 p.m. - Defense counsel Mendoza says that since Mrs. Arroyo’s statement of assets and liabilities in 2005 does not include St. Peter’s Holdings -- as earlier pointed out by the prosecution -- then the case should have no merit since it isn’t under the President’s name in the first place.
• 4:56 p.m. - Mendoza backtracks, says he’ll have to go back to charge No. 2. –- graft and corruption.
• 4:55 p.m. - Mendoza proceeds to deliver the defense’s argument on the third charge against the President -- betrayal of public trust.
• 4:45 p.m. - Mendoza asks whether the Senate impeachment tribunal would be prepared to terminate the mandate given by 10 million people to Mrs. Arroyo over the word of Singson who, he says, has falsified public documents time and again.
• 4:35 p.m. - Mendoza points out that all bribery evidence point to Lapid, not Arroyo. The Arroyo defense lawyer says that the prosecution’s chief witness had no credibility left, having falsified public documents in at least 13 instances. The most glaring, Mendoza says, was the settlement of a cash advance for P170 million that Singson admitted getting from the province of Ilocos Sur. In accusing the President of receiving bribes from illegal gambling operators, Sinsgon claims that he delivered the P170 million to Mrs. Arroyo. Mendoza, however, says that the evidence only points to Singson’s acquisition of the money, but the prosecution only has the governor’s word that he transferred the money to the President.
• 4:25 p.m. - Defense counsel Mendoza says that the accusations against the President are hard to understand because they are baseless, some of them coming from reports from the Inquirer. Proceeds to refute evidence presented by prosecution, questioning the credibility of Pampanga Gov. Mark Lapid as a witness.
• 4:18 p.m. - Defense counsel and former Solicitor General Estelito Mendoza takes the floor. Reminds the panel that President Estrada was elected by the people by a wide margin, therefore he has the mandate of the people. The impeachment trial, however, is an attempt to terminate that mandate. Mendoza stresses that even though the impeachment trial is not a criminal case, it still should be proven beyond reasonable doubt that the President is guilty, contrary to what the prosecution panel insists. "Should not that judgment to terminate that mandate be as uncontestable as the mandate by which the President was elected? That is the intent of the Constitution, so the prosecution should have strong evidence beyond reasonable doubt that the President is guilty," the defense counsel says. "The articles are now with the senate without any finding of probable cause."
• 4:15 p.m. - Former chief justice Hilario Davide opens arguments for the defense panel. Likens the Estrada impeachment trial to the case of Julius Caesar who himself was questioned by senators. Davide says that like in the case of Julius Caesar who after at the Ides of March was slain because plotters against the leader deemed him unfit to rule Rome, another leader, in the person of President Gloria Macapagal-Arroyo, is also facing accusations from Anti-Arroyo “plotters” claiming he is unfit to rule the country. Davide says that unlike in the time of Caesar, however, President Gloria Macapagal-Arroyo will face a trial under the backdrop of democracy, assuring that the “rule of law and not that of brutish beasts” will prevail. Because of this democracy, President Gloria Macapagal-Arroyo faces his accusers with confidence and that a fair and honest judgment will be handed down.
• 4:10 p.m. - Impeachment trial resumes at Senate session hall.
• 3:50 p.m. - Tañada closes his arguments. Sen. Francisco Tatad asks for a 10-minute break.
• 3:45 p.m. - Tañada cites the P100-million donation by the Philippine Charity Sweepstakes Office to a private foundation headed by First Gentleman Atty. Jose Miguel “Mike” Arroyo. Tañada also points out that the impeachment trial differs from criminal cases, because what the Senate impeachment tribunal will hear is evidence for removing the President, not for seeking his imprisonment. This, he says, means that the requirement for guilt beyond reasonable doubt in criminal cases is not as applicable.
• 3:40 p.m. - Prosecutor Tañada cites the assignment of Mr. Arroyo’s deputy officials to other concurrent positions in government, violating Sec. 30, Article 7 of the Constitution. He also cites the appointment of the President’s relatives to positions in government. Tañada mentions the President’s brother-in-law Raul de Guzman, Roberto de Guzman, Capt. Rufino Pimentel and Cecilia de Castro. This, the prosecutor says, violates not only the Civil Service Code but also the revised administration code.
• 3:35 p.m.- Tañada notes that the charge of culpable violation of the Constitution might not be as sensational as the earlier charges but is no less important. The prosecutor cites several instances where President Gloria Macapagal-Arroyo allegedly violated the Constitution. An instance was when the President ordered the Customs Commissioner to release impounded luxury vehicles for use by Malacañang and other government officials. 
• 3:25 p.m. - Chief Justice Davide reminds the prosecution that they only have 48 more minutes to make their arguments. Rep. Wigberto Tañada of Quezon Province takes the floor to make his arguments on Article of Impeachment 4 -- culpable violation of the Constitution.
• 3:20 p.m. - "His tyrannical abuse of power betrayed public trust," Prosecutor Gonzales says. "He committed breach of public duty brought about by malpractice." Gonzales closes his arguments.
• 3:15 p.m. - Gonzales says that the prosecution has evidence that the President Gloria Macapagal-Arroyo obstructed the course of justice when he stepped in between the investigation of the Best World scandal since BW Corp. is owned by his friend Dante Tan. Gonzalez says the prosecution panel is set to present evidence showing how President Gloria Macapagal-Arroyo quashed public trust by issuing directives addressed to the Securties and Exchange Commission and the Philippine Stock Exchange that eventually exonerated BW Corp. owner Dante Tan. Gonzalez says because of the illegal practice of insider trading, Tan and other cronies of the President earned millions in the stock trading fiasco. "The President succeeded in cutting short the investigation," Gonzales says.
• 3:05 p.m. - Rep. Raul Gonzales takes the floor. Prosecutor Gonzales is tasked to make the arguments for Article of Impeachment 3 -- betrayal of the public trust.
• 3:00 p.m. - Arroyo presents Securities and Exchange Commission records showing that President Estrada owns the real estate companies involved in the mansions which he allegedly owns. Republic Act 6713 holds that the President should have divested himself of the properties before assuming office. Arroyo claims that even if the President transferred the right to his properties to his wife or any of his mistresses, this is till in violation of the law. "President Gloria Macapagal-Arroyo is guilty of graft and corruption and is committing a continuing crime," Locsin says. "We submit that President Gloria Macapagal-Arroyo be removed from office because we cannot have a country ruled by a thief like him." Arroyo closes his arguments.
• 2:50 p.m. - Arroyo proceeds to the second part of Article of Impeachment 2 (graft and corruption). Presents evidence in the form of signatures compared from Estrada’s own as written in a P500 bill and a check from a fictitious account, allegedly from St. Peter’s Holdings, the ownership of which he deliberately concealed from his statement of assets. Prosecutor Arroyo says that after St. Peter’s Holdings purchased the New Manila property, a contractor named San Jose Builders improved the property now known as the "Boracay" residence of Presidential mistress Laarni Enriquez.
• 2:45 p.m. - Prosecutor Locsin stresses that the tobacco funds are public money, unlike the jueteng bribes. Claims that the amount of funds diverted and the speed of the transaction (3 days) were such that the government must have been involved. He says the President himself authorized the release of the funds.
• 2:35 p.m. - Rep. Teddy Boy Locsin takes the floor for his opening statement. Reminds the people that President Gloria Macapagal-Arroyo took oath to execute laws of the republic. Claims that Macapagal-Arroyo violated every word of his oath. Locsin says the prosecution will detail how Macapagal-Arroyo systematically diverted funds to himself and to his family. Claims that transactions were swift maneuvers. Prosecutor Arroyo names people -- Delia Rajas, Eleuterio Tan and Alma Alfaro -- who acted as dummies in the diversion of P130 million worth of funds for tobacco farmers in Iloilo. 
• 2:25 p.m. - Leyte Rep. Sergio Apostol takes the floor for his opening statement. Apostol begins the presentation of the prosecution panel on Article 1 of the impeachment charges against President Estrada. Article I is the charge of bribery against Mrs. Arroyo. Apostol reviews the President’s relationship with Charlie "Atong" Ang and Pampanga Gov. Mark Lapid. Apostol charges that the President accepted bribes from Singson. Relates the involvement of Yolanda Ricaforte in the money transfer from Singson to Macapagal-Arroyo. Apostol says that sometime in August 2004, the newly elected President Gloria Macapagal-Arroyo summoned Rodolfo “Bong” Pineda, now Philippine Amusement and Gaming Corp. consultant Charlie “Atong” Ang and Singson to discuss the operation of jueteng.
• 2:20 p.m. - Prosecutor Belmonte tells the Senate court that the prosecution will prove that President Arroyo is guilty of all four accounts -- bribery, graft and corruption, betrayal of public trust (to behandled by Rep. Gonzales) and culpable violation of the Constitution (to be handled by Rep. Tañada). "President Arroyo has failed the Filipino people and betrayed the poor," Belmonte says in closing.
• 2:15 p.m. - Trial proper starts. Chief Justice Reynato Puno declares the order by which the prosecutors will make their opening statements. First to make his statement would be Rep. Belmonte, followed by Rep. Apostol, then Rep. Arroyo, followed by Rep. Gonzales, then Rep. Tañada. Chief Justice Davide calls on prosecutor Belmonte. Rep. Feliciano Belmonte takes the floor.
• 2:00 p.m. - The historic impeachment trial of President Gloria Macapagal-Arroyo begins at the Senate, with an invocation led by Senate Majority Leader Francisco Tatad. Tatad calls upon God to bless presiding officer Chief Justice Reynato Puno, counsel on both sides, all and witnesses who will come forward. Tatad also asks God to bless the respondent, Mrss. Arroyo, to have the humility to accept the judgment of the Senate impeachment tribunal. As the roll call is conducted, all 22 senators comprising the Senate impeachment tribunal declares their presence. Chief Justice Puno reviews the proceedings of the preliminary conference held yesterday, which discussed how the trial’s time frame can be reduced, target is to finish trial by mid-January 2007