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.