PROSECUTION

DEFENSE

Charged former President Joseph Estrada with plunder for “diverting, receiving, misappropriating, converting, or misusing directly or indirectly, for his or their personal gain and benefit” P130 million of Ilocos Sur’s P200-million share in the tobacco excise tax collection.

Estrada received P70 million of the P130 million, while and the remaining amount went to his wife Loi Estrada (P20 million), his son Jinggoy Estrada (P15 million), and associate Atong Ang (P25 million).

(Joseph Estrada testified that one of his campaign promises during the 1998 presidential election was to release the funds collected through the Virginia Tobacco Law, which mandates that 15% of the excise tax on cigarettes will be given to Virginia tobacco producing provinces).

The prosecution presented six witnesses.

• Luis Singson

Then governor of Ilocos Sur. He agreed to give 10% of the releases from the tobacco excise tax to Estrada. When he received notice of the release of funds, he told Jinggoy Estrada and Atong Ang about it. Ang told him that President Estrada needed P130 million of the released P200 million. Singson agreed to Estrada’s wish because he was afraid that the President might stop the release of other funds for his province.

Ang told Singson to deposit the P130 million to bank accounts in the name of three persons: Alma Alfaro, Eleuterio Tan, and Delia Rajas.

Singson and Ang had the money withdrawn and they delivered it to Estrada’s residence in Greenhills. Estrada asked Singson how much of the P130 million was his, and got P70 million.

• Ma. Elizabeth Balagot and Caridad Rodenas

LandBank branch managers. The P130 million was transferred from LandBank Vigan (from the account of the provincial government) to LandBank Shaw Boulevard. Alfaro, Rajas, and Tan went to LandBank Shaw to withdraw P40 million, P50 million, P40 million respectively on the same day. Later that day, the three purchased three manager’s checks, each amounting to P30 million, payable to Eleuterio Tan.

(The prosecution claimed that the P90 million was later deposited in Eleuterio Tan’s account with Westmont Bank through the three manager’s check on Aug. 31, 1998, and was later withdrawn in varying amounts on the same day.)

• Federico Artates and Jamis Singson

They saw four boxes of money containing the money withdrawn by Tan from Westmont Bank. They accompanied Tan, who brought the money first to the house of Ang’s mother before it was delivered to Estrada’s house on Polk Street on the same day.

Presented eight witnesses to disprove the claim of the prosecution. The defense claimed that:

• Singson’s testimony on the withdrawal and delivery of money is incredible.
• Singson was the one who took the tobacco excise tax share of Ilocos Sur. “There is absolutely no evidence, even taking into account his own testimony, that Governor Singson took PhP130 million from the Province of Ilocos Sur upon the inducement of accused President Estrada. There is, of course, not even any suggestion that it was President Estrada who took the PhP130 million from the Province of Ilocos Sur.”

(No prosecution witness testified on the identities of accused Alma Alfaro and Delia Rajas.)

Highlights of the testimonies of some of witnesses presented:

• Joseph Estrada

This charge was politically motivated. Singson was just trying to put the blame on him for his (Singson’s) own misappropriation of the fund. He didn’t ask for 10 % of the tobacco excise tax fund. Atong Ang was known to him, but he didn’t deliver to his house P130 million. His wife and his son didn’t get a portion of the alleged money.

On the date that Singson said he delivered the money to Polk Street, Estrada already residing in Malacañang.

Estrada cited a re-enactment of the supposed delivery of money conducted at the Bangko Sentral ng Pilipinas. The alleged amount could not fit in the four boxes mentioned by some of the prosecution witnesses. Ang could not have carried the money because its weight was equivalent to 2 ½ sacks of rice.

• Jinggoy Estrada

He did not receive any portion of the P130 million tobacco excise tax fund.