Erap testifies: I was framed

Ousted President Joseph Estrada took the witness stand for the first time in his five-year-long corruption trial yesterday, disputing accusations that he took huge kickbacks during his aborted term of office and claiming he was framed.

Estrada denied pocketing P130 million of the P200-million tobacco excise tax for Ilocos Sur as alleged by the government’s star witness, Ilocos Sur Gov. Luis "Chavit" Singson.

"These are trumped-up charges, a frame-up," Estrada said during direct examination by his lawyer on the kickback allegations.

Singson had testified in 2002 that Estrada had asked for a 10-percent cut of the P200-million tobacco excise tax that he had released.

Estrada denied the accusations after he was confronted with a court transcript detailing the testimony given by Singson yesterday.

"That is a lie. Wala pong katotohanan ’yan. Puro kasinungalingan. Kailan man ay hindi nasangkot ang pangalan ko sa anumang anomalya at hindi ako humingi ng percentage-percentage (There is no truth there. My good name has never been involved in any anomaly and I never asked for any percentage)," Estrada said as he looked directly at Singson who was wearing dark glasses inside the courtroom.

Before yesterday’s hearing, Singson claimed Estrada would just lie during his testimony.

"I am 100 percent sure he will lie. But he is an actor. He can very well fake it," Singson said.

During direct examination, Estrada claimed it would have been impossible for him to demand a cut from the tobacco excise tax. He added that he had been offered $14 million or about P700 million by a broker in exchange for his granting of a sovereign guarantee to the Argentine power firm IMPSA but he flatly rejected the offer.

"If I rejected the offer of US $14 million, then why would I ask for the 10-percent cut of the tobacco excise tax?" Estrada asked.

"I’ve never asked for commissions. I don’t have the conscience to steal money intended for farmers," Estrada replied in Filipino.

Estrada also denied knowing Alma Alfaro, Delia Rajas and Eleuterio Tan — his supposed co-conspirators in receiving the tobacco excise tax funds.

Estrada claimed he had only knew about their names during his aborted impeachment trial in the Senate back in 2000.

He even remarked that it was impossible for him to have interacted with Rajas who was a cook.

"E paanong makikipagsabwatan ang isang presidente sa isang kusinera (Why would a President get in alliance with a mere cook)?" he asked.

Estrada also denied being close friends with Singson. He claimed he met with Singson on some occasions since they shared common friends.

The ousted leader said he would never trust Singson since he was not part of his inner circle of friends.

"We were not that close. I consider a close friend to be sincere, loyal and trustworthy. He (Singson) is not one of them. I have only one close friend and that was the late Fernando Poe Jr.," Estrada said, referring to the late actor and opposition standard-bearer in the May 2004 elections.

During the cross-examination, Estrada said it was Singson who had offered to him a share of the tobacco excise tax funds.

He said Singson made the suggestion while on the road in the 1998 presidential election campaign.

After winning the 1998 elections, Estrada said Singson visited Malacañang to remind him of his promise to the farmers of Ilocos Sur.

"I said (to Singson that I will) prepare a formal letter and I will approve it. When I told him to make a formal letter, I did not know he was holding it (the letter) already," he said.

Estrada said he forwarded Singson’s letter to the Department of Budget and Management and, through a marginal note, asked then DBM Secretary Benjamin Diokno to accommodate the release of Ilocos Sur’s share of the tobacco excise tax fund.

Estrada claimed not to know whether the funds were later released.

Mixed feelings

Estrada also denied Singson’s claim that Charlie "Atong" Ang, one of his close advisers, had delivered the P130-million share to the former president’s house on Polk street in North Greenhills Subdivision in San Juan.

Estrada said it would be impossible for Ang to drive a car carrying the cash in several boxes and park at the driveway of his house where, as a matter of precaution, the Presidential Security Group (PSG) would not allow any vehicle to be parked.

Estrada, however, admitted knowing Ang whom he said he was introduced to by another friend while still vice president. He denied being close to Ang.

Singson had claimed Ang was so close to Estrada that he had called the former president "Tatay" (father).

Estrada’s direct examination was cut short yesterday after Sandiganbayan Justice Francisco Villaruz noticed the defense lawyers were showing the former president some documents with markings different from those listed in the prosecution’s offer of evidence.

Estrada’s lawyers later apologized to the court and admitted their list of evidence exhibits came from the aborted impeachment trial at the Senate.

Special Prosecutor Dennis Villa Ignacio, who was set to cross-examine Estrada, said the defense lawyers were apparently ill-prepared to present the former president on the witness stand.

"The reason that they asked for a continuance is that they are not ready," he said.

Defense lawyers led by former Manila prosecutor Jose Flaminiano said they would need two more hearing days to finish Estrada’s direct examination. Estrada will again take the witness stand on Wednesday next week at 9 a.m. and every Wednesday thereafter.

Estrada told the court that he had "mixed feelings" about taking the witness stand and answering all the charges against him point by point.

"I have my mixed feelings and welcome the opportunity to present my side which was denied during the impeachment trial (at the Senate) when prosecutors left unceremoniously and I was convicted in the streets," he said.

The former action movie star, toppled in a military-backed popular revolt in 2001 and replaced by current President Arroyo, said the plunder case against him had been manufactured by his political opponents.

Estrada was elected by a landslide in 1998, but accusations of graft and corruption hounded his presidency.

An impeachment trial against him was aborted in 2001, and he was then forced out of office by a popular uprising.

But Estrada has always maintained his innocence and claimed that he was toppled by a conspiracy among the Catholic Church, high-ranking officers in the military and the wealthy elite.

‘A fair trial’

Malacañang said Estrada taking the witness stand showed that he was receiving a fair trial.

"The fact that former President Joseph Estrada was taking the witness stand is a clear proof that due process has been strictly observed in his case," Presidential Spokesman Ignacio Bunye said.

Bunye called on Estrada’s supporters and the public to refrain from speculating on the outcome of the trial.

Malacañang has refused to comment on the plunder case saying the issue should be decided by the courts.

Prosecutors alleged the former president committed plunder - a non-bailable offense punishable by lethal injection - by amassing about P4 billion in illegal gambling payoffs, tax kickbacks and commissions stashed in secret bank accounts under the alias "Jose Velarde."

Estrada also faces a minor charge of perjury for allegedly underreporting his assets in 1999.

"There will be nothing extraordinary in my testimony because I only have to tell the truth," Estrada earlier told reporters. "I’m confident that history will vindicate me from these charges by a conspiracy of the elite, church leaders and thieving politicians."

His lawyer Flaminiano cited constitutional questions over Estrada’s removal from office and his loss of immunity, but Villa Ignacio reminded him that the Supreme Court had resolved those issues already.

Another of Estrada’s lawyers, Rufus Rodriguez, added: "The people do not believe there is a case against Erap (Estrada’s nickname). Defense lawyers believe his testimony will be the coup de grâce that will put the prosecution case to death."

Villa Ignacio, however, said they did not expect Estrada to say anything new, adding that the government believes it has an air-tight case against him.

The only chance for the former president to escape the plunder charges, Villa Ignacio said, "would be a change in government that will be more receptive to his plight."

"We expect justice to be rendered fairly," added Dante Jimenez of the Volunteers Against Crime and Corruption who sat inside the packed courtroom along with some personalities.

"There is a perception that it’s not, the danger is this might again divide the nation and cause trouble. The country will be watching," he said.

Against all odds

Yesterday’s court hearing also highlighted the concerns of Estrada’s supporters who noted the plunder case has dragged on for five years.

Estrada became the 79th and final witness of the defense panel in his plunder trial.

The court has refused Estrada’s petition for live media coverage and reporters were ordered to switch off their cell phones.

"We’re waiting... because for so long, President Erap Estrada could not air his side of the story. This is a chance now, and we’re here to support him," said actor Rez Cortez, an Estrada supporter.

Estrada’s camp concedes that the case was political in nature, with the odds stacked against him.

"We can only hope that the court will not be carried by the political atmosphere (and) not be carried away by the wishes of Malacañang," Estrada’s former spokesman Didagen Dilangalen said.

Some 1,000 policemen secured routes leading to Sandiganbayan as Estrada’s convoy made its way from his vacation house in Tanay, Rizal where he has been under house arrest for the past two years.

A throng of journalists and cameramen jostled outside the courthouse to interview Estrada. Smiling and wearing a traditional Filipino formal shirt, he appeared relaxed and waved to supporters who packed the courtroom, including high school classmates and fans.

Anti-riot police units as well as members of the elite Special Action Force secured the perimeter of the Sandiganbayan as Estrada supporters also began massing up outside for protest later in the day.

Wearing red and orange, the protesters carried banners that read: "Erap not guilty."

By mid-morning, a brief tension ensued between Estrada supporters and riot policemen as the group tried to march to Sandiganbayan without a rally permit.

After seeing the phalanx of anti-riot policemen facing them, Estrada’s supporters immediately backed out and their numbers dwindled by less than a hundred at high noon. — With Paolo Romero, Edu Punay, Katherine Adraneda, James Mananghaya, AFP, AP