Estrada judge defers opening of bank records

Estrada judge defers opening of bank records

MANILA (Reuters): A friend of Philippine President Joseph
Estrada told a court on Monday it was he and not Estrada who
owned a bank account alleged to have been used to buy a mansion
for one of the president's mistresses.

Jaime Dichaves, in a letter signed by his lawyers on his
behalf, opposed moves by the Senate impeachment court trying
Estrada on corruption charges to open the records of the disputed
bank account.

Supreme Court Chief Justice Hilario Davide, the trial's
presiding officer, had subpoenaed records from the account after
prosecutors said they were evidence they needed to convict and
oust Estrada from office.

Estrada is facing corruption and other charges which could
lead to his removal if convicted on any one of them. He has
pleaded not guilty and said he will be acquitted.

The bank records, in a sealed envelope surrendered last week
by Equitable-PCI Bank to the Senate on Davide's orders, were to
have been opened on Monday.

But Davide deferred the opening of the documents to an
unspecified date to allow Estrada's lawyers and the members of
the Senate themselves to challenge his ruling.

The trial rules allow the 22-member Senate, by a majority
vote, to overturn any ruling by Davide on legal matters.

Dichaves' lawyers protested against the opening of the
disputed account, saying this would violate the law on the
secrecy of bank deposits and that their client was not the one
undergoing an impeachment trial.

While bank secrecy laws do not apply to officials undergoing
an impeachment, Dichaves himself is not on trial, they added.
"Although impeachment is one of the exceptions to the secrecy of
bank deposits law, it must refer to the bank records of the
impeached official," they said.

Newspapers have said Dichaves, a local businessman, is a close
friend of Estrada. He is also one of the officers of a local
casino-owning company which a prosecution witness has said is
owned by Estrada.

Lead prosecutor Joker Arroyo denounced the letter from
Dichaves' lawyers as designed "to save the president" from being
convicted.

"As far as we are concerned, that (the account) is the
president's. Now somebody comes here and tells us. 'No, that is
mine'. I think it's a cheap shot," Arroyo argued in open court.

Davide made no immediate ruling on how much weight the court
would give Dichaves' letter. He merely said the letter had been
noted but further representations would be needed before the
matter was taken up.

The prosecution contends the sealed documents include a copy
of a cheque for 142 million pesos (about $3 million) alleged to
have been signed by Estrada and used to buy a mansion for a movie
starlet whom he has acknowledged to be the mother of three of his
children.

It said the disputed cheque was signed in an illegible hand by
someone named either "Jose Velarde" or "Jose Valhalla" but the
handwriting bore striking similarities to Estrada's signature on
a 500-peso bill.

About 2,000 protesters, carrying effigies mocking Estrada,
demonstrated outside the Senate building to demand the opening of
the disputed bank records.

One of the effigies portrayed Estrada as a gambler and heavy
drinker. Another 2,000 demonstrators held a separate protest in
another part of Manila to call for Estrada's resignation.

The eight-day-old trial was triggered by accusations from
provincial governor Luis Singson that Estrada received about 400
million pesos ($8 million) in protection money from gambling
syndicates running underground lotteries.

A two-thirds vote by the 22-member Senate is required to
convict and remove Estrada from office.

Meanwhile, a poll published on Monday showed that a huge
number of Filipinos, almost four out of five, want Estrada to
testify in his impeachment trial on corruption charges.

Pollster Social Weather Stations president Mahar Mangahas said
78 percent of people surveyed nationwide thought it was important
for Estrada to personally answer the charges against him, while
19 percent said it was not important to them.

The survey of 1,200 people also showed 68 percent believed it
was in Estrada's "own good" to testify, compared with 28 percent
who said it would be better if he let his lawyers argue for him,
Mangahas said.

The survey, taken just after the trial started on Dec. 7, was
commissioned by the ABS-CBN radio-television network.

In addition to those still reserving judgment, 27 percent
favored a conviction for Estrada against 19 percent in favor of
acquittal, Mangahas said.