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TESTIMONY OF MR. MANUEL CURATO ON
02 JANUARY 2001  BEFORE THE PHILIPPINE SENATE  (SITTING AS THE IMPEACHMENT COURT)
 
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THE SECRETARY: Kindly raise your hand and put your left hand on the Bible and answer me.

You, Manuel Curato, do swear that the evidence you shall give in the case now pending between the Philippines and Joseph Ejercito Estrada, President of the Philippines, shall be the truth, the whole truth, and nothing but the truth, so help you God?

MR. CURATO: I do.

THE PRESIDING OFFICER: Take your seat and the witness is yours, Mr. Poblador.

MR. POBLADOR: With the permission of the honorable Court, the testimony of the witness, Atty. Manuel Curato, is presented to corroborate the testimony of Clarissa Ocampo, specifically that on February 4, 2000, President Estrada, using the name and signing as "Jose Velarde," opened a trust account with Equitable PCI Bank and deposited into that account P500 million, using funds in his savings and current account in the same bank.

x x x x x

MR. POBLADOR: Mr. Witness, please state your name, your employment and other personal circumstances.

MR. CURATO: My name is Manuel V. Curato. I am of legal age, married. I am the First Vice President and Head of the Legal Services Division of Equitable PCI Bank, with office address at the 7th Floor, Equitable PCI Bank, Tower I, which is found on the corner of the Horacio dela Costa and Makati Avenue, Makati City.

MR. POBLADOR: Mr. Curato, since when have you been Head of the Legal Services Division of Equitable PCI Bank?

MR. CURATO: I have been Head of the Legal Department for the past 10 years, Sir.

MR. POBLADOR: Can you state briefly your duties as Head of this Legal Services Division?

MR. CURATO: As Head of the Legal Services Division, we provide advisory, legal advisory, we do legal documentation, both in the area of document preparation and document review. We also handle litigation of the bank in some cases.

MR. POBLADOR: Mr. Witness, where were you on February 4, year 2000 at about 12:00 noontime?

MR. CURATO: Noontime of February 4, I was in Malacanang.

MR. POBLADOR: And what were you doing in Malacanang?

MR. CURATO: I was there with Ms. Clarissa Ocampo to have certain documents signed.

MR. POBLADOR: Signed by whom, Mr. Witness?

MR. CURATO: By the President, President Joseph Ejercity Estrada.

MR. POBLADOR: Now, who were with you in that meeting?

MR. CURATO: Aside from Clarissa Ocampo, I remember seeing Mr. Aprodicio Laquian and we were in the company of Mr. Fernando Chua. The President was there as well.

MR. POBLADOR: And can you please tell us what happened at that meeting?

MR. CURATO: In that meeting, we asked the President to sign certain documents. I am referring to an Investment Management Agreement, a Letter of Instruction directing us to invest or lend the money that was funding the Investment Management Account. He also signed an investment guideline and later what turned out to be an authority to debit a savings or a current account. Those documents were signed in our presence on that occasion.

MR. POBLADOR: How many copies of the Investment Management Agreement?

MR. CURATO: At the request, specific request, of Attorney Chua, the President signed three copies of the Investment Management Agreement although we prepared six copies.

MR. POBLADOR: How many copies of the signature cards?

MR. CURATO: I remember there were two signature cards signed by him.

MR. POBLADOR: How many copies of the directional letter?

MR. CURATO: The directional letter, if I remember it right, I guess there were two copies.

MR. POBLADOR: And how many copies of the debit/credit instruction?

MR. CURATO: I remember only one copy having been signed.

MR. POBLADOR: How about the Investment Guidelines, how many copies?

MR. CURATO: The guidelines, only one set was signed.

MR. POBLADOR: And what did the President do with these documents?

MR. CURATO: He signed them and then he handed it to... as he signed...after signing the document, he handed it to Clarissa Ocampo, after which Clarissa also forwarded these documents one at a time to me.

MR. POBLADOR: Now, Mr. Curato, where was Clarissa Ocampo in relation to President Estrada at this time?

MR. CURATO: Clarissa Ocampo was seated to the left of the President, right next to the President.

MR. POBLADOR: And how far was she from the President?

MR. CURATO: Right next to him, as a matter of fact.

MR. POBLADOR: How about you, where were you in relation to Clarissa Ocampo and the President?

MR. CURATO: I was seated right next to Clarissa Ocampo to her left. So I was seat away from the President.

MR. POBLADOR: And when the President signed these documents, what were you doing?

MR. CURATO: I was observing the entire proceedings from where I was sitting.

MR. POBLADOR: To your recollection, what signature did the President affix on these documents?

MR. CURATO: He signed these documents in the name of "Jose Velarde".

MR. POBLADOR: Now, if you were shown these originals of the documents which you referred to, would you be able to identify them?

MR. CURATO: Yes, Sir.

MR. POBLADOR: I'm showing to you three documents: denominated Investment Management Agreement which had been previously marked as Exhibit "UUU", "UUU second", and "UUU third". Please tell us what relationship these documents have with the Investment Management Agreement which you mentioned earlier?

MR. CURATO: Exhibit marked as "UUU" is the Investment Management Agreement I was referring to. These are the three copies that were signed by the President, all marked as Exhibits "UUU-2", and "UUU-3".

MR. POBLADOR: Can you please go over these documents and point to us the signature affixed by President Estrada?

MR. CURATO: The President signed this documents marked as Exhibit "UUU" of the second page. And I'm pointing to you that this is his signature.

MR. POBLADOR: Can you please go over these documents and point to us the signature affixed by President Estrada?

MR. CURATO: The President signed this documents marked as Exhibit "UUU" on the second page. And I'm pointing to you that this is his signature.

MR. POBLADOR: Can you please read the signature?

MR. CURATO: The signature itself is not readable to me, but it was made now on this document over the typewritten name "JOSE VELARDE".

MR. POBLADOR: Witness has just referred to, to Exhibit "UUU-2", Your Honor.

Please go over Exhibit "UUU Second", and please tell us what signature or where the signature affixed by the President is.

MR. CURATO: May I refer you to page 2 of this Exhibit "UUU Second". This is the signature of President Estrada.

MR. POBLADOR: For the record, witness has just pointed to Exhibit "UUU Second-2".

Please go over Exhibit "UUU Third" and tell us where the signature affixed by the President is located.

MR. CURATO: With respect to Exhibit marked as "UUU Third", I'm referring you to second page, and this is the signature of the President.

THE PRESIDING OFFICER: Since the witness is a lawyer, would you just tell him to mention the Exhibit number now of the signature testified to by him.

MR. CURATO: Yes, Your Honor.

I'm referring to Exhibit marked as "UUU-2 Third", Your Honor.

MR. POBLADOR: Now, Mr. Witness, you mentioned two signature cards which the President also signed. I'm showing to you two documents, denominated signature cards, previously marked as Exhibit "VVV" and Exhibit "VVV Second".

Again, please tell us what relationship these exhibits have with the signature cards which you mentioned earlier.

MR. CURATO: Exhibit marked "VVV Second" is the exhibit I was referring to as the signature card signed by the President.

Whereas Exhibit marked "[VVV-1 Second]", bracketed, are the signatures made by the President in my presence. Exhibit "VVV-1" or "VVV" is another signature card that was signed by the President in my presence. Referring now to the Exhibit marked as "VVV-1, this refers to the three signatures, sample signatures made by the President on the signature card, Your Honor.

MR. POBLADOR: Now, Mr. Witness, you also mentioned another document, the Directional Letter which is marked as Exhibit "WWW" and triple "WWW-Second". I'm showing you these documents, Mr. Witness, and again, please tell us: does this document have any relationship with the documents which you referred to?

MR. CURATO: Exhibit "WWW" is the...what I call the Letter of Instruction to the agent signed by the President which is marked as exhibit "W-1". Exhibit "WWW-Second" refers to the second copy of the exhibit, that is the written direction of the President on how the agent bank is supposed to invest the money. And I refer to Exhibit "WWW-1 Second" as the signature of the President which was done in my presence.

MR. POBLADOR: Now, Mr. Witness, you also mentioned Debit-Credit Instructions. I'm showing to you a Letter dated 4 Year 2000, previously marked as Exhibit "XXX". Again, please tell us what relationship this exhibit has?

MR. CURATO: This document was not pre-reviewed by the Legal Department, but I noticed that this was the last document that Clarissa Ocampo got from the file she had with her and it was only later that I found that this was also signed last by the President. And I'm referring to Exhibit "3" as the Authority to Debit Account - "XXX", I'm sorry-and "XXX-1" refers to the signature of the President over the typewritten name, Jose Velarde.

MR. POBLADOR: Another document which you mentioned, Mr. Curato, were Investment Guidelines. I'm showing to you a document previously marked as Exhibit "YYY". Can you look over this document and tell us what relationship this document has with the Investment Guidelines which you mentioned?

THE PRESIDING OFFICER: What's the answer of the witness?

MR. CURATO: This is the Investment Guideline marked as Exhibit "Y" that was signed by the President also, Sir.

MR. POBLADOR: Can you tell us using the appropriate markings where the signatures affixed by the President are located?

MR. CURATO: I'm referring to Exhibit "YYY-6" as the page where the President signed and I'm referring specifically to Exhibit "YYY-7" as the signature of the President which he made in our presence.

MR. POBLADOR: I'm showing you Exhibit "YYY-6," there appears a signature after the word "CONFORME." Can you identify that signature?

I withdraw the question, Your Honor.

THE PRESIDING OFFICER: That was testified to by the witness already.

MR. POBLADOR: I'm sorry, Your Honor. I'll move to the next question.

THE PRESIDING OFFICER: And he specifically mentioned Exhibit"YYY-7." Go to another point.

MR. POBLADOR: Now, Mr. Witness, let's go back to Exhibit "UUU" -- I'm referring to the second page -- there appears a signature over the typewritten name "Clarissa G. Ocampo." Whose signature is this?

MR. CURATO: This is the signature of Ms. Clarissa G. Ocampo which has been marked as "UUU-3."

MR. POBLADOR: Why do you say that it is her signature?

MR. CURATO: Well, not only was it signed in my presence, I'm very familiar with the way she signs her name.

MR. POBLADOR: There appears another signature over the typewritten name "Manuel Curato." Whose signature is that?

MR. CURATO: Exhibit marked "UUU-4" is my signature, Sir.

MR. POBLADOR: May I refer you to Exhibit "UUU Second" -- particularly the second page -- again, there is a signature over the name "Clarissa G. Ocampo." Whose signature is that?

THE PRESIDING OFFICER: What exhibit number are you referring to?

MR. POBLADOR: "UUU Second" Your Honor, second page which is "UUU-3 Second".

MR. CURATO: Exhibit "UUU-3 Second" is the signature of Clarissa G. Ocampo, Sir.

MR. POBLADOR: There appears a signature marked as Exhibit "UUU-4 Second" over the typewritten name "Manuel...

THE PRESIDING OFFICER: That was testified to by the witness already. Haven't you?

MR. POBLADOR: No, Your Honor. This is second Investment Management Agreement.

THE PRESIDING OFFICER: Second Page. Okay.

MR. POBLADOR: There are three copies. Whose signature is that?

MR. CURATO: Exhibit "UUU-4 Second" is my signature, Sir.

MR. POBLADOR: Finally, Mr. Witness, I'm showing you Exhibit "UUU-Third"...

THE PRESIDING OFFICER: "UUU-3."

MR. POBLADOR: There appears a signature over the typewritten name "Clarissa G. Ocampo." Is that also Mrs. Ocampo's signature?

MR. CURATO: Yes, Sir, that is her signature.

MR. POBLADOR: There appears another signature over the typewritten name "Manuel Curato" which is marked as Exhibit "UUU-4 Third". Whose signature is that?

MR. CURATO: Exhibit "UUU-4 Third" is my signature, Sir.

MR. POBLADOR: After these documents were signed, what did you do, Mr. Curato?

MR. CURATO: Since I was the last in the seating positioning after evcerything has been gathered, I handed this document to Ms. Clarissa Ocampo, Sir.

MR. POBLADOR: That would be all for the witness.

THE PRESIDING OFFICER: Cross-examination? Atty. Flaminiano.

MR. FLAMINIANO: Mr. Chief Justice, consistent with our objection to the testimony of the witness earlier presented in the person of Ms. Clarissa Ocampo that the testimony sought to be elicited were elicited by this witness, there is no materiality to the issues in this case as raised in the allegations of the Articles of Impeachment. We have no cross-examination, Your Honor.

THE PRESIDING OFFICER: Thank you. The reason given for the waiver of a cross-examination is noted.

And the honorable members of the Court are advised accordingly. as to the reason for the absence of the cross-examination.

Any question from the members of the Court?

There being more, the witness is now excused.

Thank you, Atty. Curato.

MR. CURATO: Thank you, Sir.






         

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