22 DECEMBER 2000 AND 02 JANUARY 2001
BEFORE THE PHILIPPINE SENATE
(SITTING AS THE IMPEACHMENT COURT)
News $ Views
Law &
Jurisprudence
Administrative
Issuances
Trust Products
& Practice
MR. BAUTISTA: Who?
MS. OCAMPO: The head of our Legal Department, Atty. Manuel Curato.
MR. BAUTISTA: Who else, if any?
MS. OCAMPO: Fernando Chua. Atty. Fernando Chua was there and Mr. Lacquian was also there.
MR. BAUTISTA: Who is Atty. Fernando Chua.
MS. OCAMPO: He was the person that Mr. George Go introduced to me as the person who is the representative of the principal.
MR. BAUTISTA: And who is this Mr. Lacquian which you mentioned?
MS. OCAMPO: The former executive secretary.
MR. BAUTISTA: On these documents, there is the name Clarissa G. Ocampo and on each of the documents, there appears a signature. Mrs. Ocampo, do you know whose signature this is?
MS. OCAMPO: Sir, this is my signature.
MR. BAUTISTA: Again, on each of these documents, there is a typewritten name Manuel Curato and on each of these documents appears a signature, whose signature is this?
MS. OCAMPO: These are the signatures of Manuel Curato, Atty. Manuel Curato, the head of our Legal Department.
MR. BAUTISTA: And did you witness Atty. Manuel Curato affix his signature on these documents?
MS. OCAMPO: Yes, sir.
MR. BAUTISTA: When did he do that?
MS. OCAMPO: After I signed the documents, then I passed them on to him and he signed the documents as well as witness.
MR. BAUTISTA: You mentioned, Mrs. Ocampo, that you had a number of documents with you which were signed by the President in the name of Jose Velarde. What other documents are these?
MS. OCAMPO: The directional letter of investment.
MR. BAUTISTA: What else?
MS. OCAMPO: The investment guidelines.
MR. BAUTISTA: What else?
MS. OCAMPO: The signature cards.
MR. BAUTISTA: What else?
MS. OCAMPO: And the debit/credit authority.
MR. BAUTISTA: What else?
MS. OCAMPO: That's about it, sir.
MR. BAUTISTA: You mentioned a signature card. I am showing to you two original signature cards from PCI Bank, Account Name - C163, Trust Account Number 10178056-1. Now, on each of these signature cards, there appear three signatures, who affixed-of a person named Jose Velarde. Who affixed these signatures?
MS. OCAMPO: The President Joseph Ejercito Estrada.
MR. BAUTISTA: How far away were you from the President when he affixed these six signatures?
MS. OCAMPO: I was one foot away. I was beside him.
MR. BAUTISTA: On the face of these signature cards, in the bottom box portion, there is -there appear the words "authenticated/approved by" and it is blank. Can you explain to me why this box with the statement "Authenticated/Approved By" remains blank?
MS. OCAMPO: When he signed "Jose Velarde," I just couldn't believe it. He did not sign his real name, so I decided not to authenticate the signature.
MR. BAUTISTA: May I proceed, Your Honor? In the meantime, for the marking of the originals, I invite counsel for the defense, Atty. Flaminiano, to compare the original Investment Management Agreement with the photocopy which has been marked as Exhibit "UUU," and I ask him to stipulate that the photocopy is a faithful reproduction.
MR. FLAMINIANO: Mr. Chief Justice, the photocopy appears to be a faithful reproduction of what appears to be a purported original.
x x x x x
MR. BAUTISTA: Thank you. You mentioned, Mrs. Ocampo, that among the documents you brought to Malacanang and which were signed by the President with the name "Jose Velarde" included a directional letter which I am now showing to you dated 04 February 2000. There appears a signature on the bottom right-hand corner of this document in the name of Jose Velarde. Who affixed the signature of Jose Velarde on this document?
MS. OCAMPO: The President, Joseph Ejercito Estrada affixed the signature.
MR. BAUTISTA: And how far away where you from him when he affixed this signature?
MS. OCAMPO: I was one foot away.
MR. BAUTISTA: You likewise mentioned, Mrs. Ocampo, that there was an Authority to Debit Account dated 4 February 2000. I am showing you such a document. What relation does this have to the document you earlier mentioned?
MS. OCAMPO: The funding of this account would be coming from the bank, so an officer - - and I recall it was Beatriz Bagsit - - she gave me an envelope which I did not open at the time she gave it to me, she gave me an envelope which contained letters. And during the signing, I pulled it out and had the President sign it as well. The document or the letter has the name "Jose Velarde" already printed on it.
MR. BAUTISTA: And who affixed the signature "Jose Velarde"?
MS. OCAMPO: The President, Joseph Ejercito Estrada.
MR. BAUTISTA: And how far away were you from him when he affixed his signature on this document?
MS. OCAMPO: I was on foot away.
MR. BAUTISTA: Among the documents you mentioned earlier, Mrs. Ocampo, which you brought to Malacanang for signing was an Investment Program for 1999. I am showing to you this document dated February 4, 2000, identifying it in the first sentence of the first page as the Investment Program for 1999 consisting of 1, 2, 3, 4 - - 8 pages and 2 pages of annexes, what relation does this document have with the Investment Program for 1999 you earlier mentioned?
MS. OCAMPO: This is a standard document for all of the trust accounts, whether trusteeships or investment management arrangement. So, if there are excess funds from the account, then we have the authority to invest in the outlets as outlined in the document.
MR. BAUTISTA: Now, on Page 5 of this document, the photocopy which has been marked as Exhibit "YYY", there appears a signature . . .
THE PRESIDING OFFICER: Use the original copy.
MR. BAUTISTA: Yes, Your Honor.
...Then appears a signature "Jose Velarde" across the word "CONFORME". Do you know who affixed the signature on Page 5 of the said document?
MS. OCAMPO: Yes, sir.
MR. BAUTISTA: Who?
MS. OCAMPO: The President, Joseph Ejercito Estrada.
MR. BAUTISTA: And how far away were you from the President when he affixed the signature of "Jose Velarde" on this particular document?
MS. OCAMPO: I was one foot away.
(Continuation of Testimony: 02 January 2001)
THE PRESIDING OFFICER: Call Mrs. Ocampo for her to continue her testimony on direct examination.
Mrs. Ocampo, you can take your seat now, and you are advised that you will be testifying under the same oath.
Atty. Bautista, you may now proceed.
x x x x x
MR. BAUTISTA: Thank you, Your Honor. Mrs. Ocampo, after the President signed the documents you testified on at the last hearing, what happened?
MS. OCAMPO: Sir, I gathered all the documents and I went back to the bank and I typed "Jose Velarde" under his signature in the Investment Management Agreement.
MR. BAUTISTA: That's all for the witness, Your Honor.
THE PRESIDING OFFICER: Cross-examination, Atty. Mendoza?
MR. MENDOZA: Mr. Chief Justice.
THE PRESIDING OFFICER: Yes.
MR. MENDOZA: The Defense panel will not cross-examine Mrs. Clarissa Ocampo.
x x x x x
THE PRESIDING OFFICER: That being the case, the Court will now recognize the honorable Senator Juan Enrile. Because if he will have any question, the same can be done now in view of the waiver of the Defense to cross-examine the witness. Any member now of the Court may. Can we have the listing of the members? The Honorable Guingona, the Honorable Serge Osmena, then the Honorable John Osmena, the Honorable Legarda, the Honorable Cayetano, the Honorable Biazon, and the Honorable Flavier.
The Honorable Enrile. You may now begin your question.
SEN. ENRILE: With the permission of the Chief Justice.
THE PRESIDING OFFICER: Granted.
SEN. ENRILE: This Agreement, Ms. Ocampo, reads:
Know All Men By These Presents:
This Agreement made and entered into on the date and at the place indicated herein below by and between:
C-163, Filipino, of legal age, single/married...(to without mentioning the spouse), with address at...(without mentioning the address), hereinafter referred to as the Principal, and Equitable PCIB Bank, a commercial banking corporation duly authorized to perform trust functions under Philippine laws, with principal place of business at Makati Avenue, cor. H.V. dela Costa St., Makati City, represented herein through its trust banking group by the duly authorized officer named herein below and hereinafter referred to as the Investment Manager.
I understand from this that this Agreement is between a principal and an agent. Am I correct?
MS. OCAMPO: Yes, Sir.
SEN. ENRILE: In fact, on paragraph 3, subparagraph (c), it states, "in the nature of agreement," this Agreement is an agency and not a trust agreement." Am I correct in reading this?
MS. OCAMPO: Yes, Your Honor.
x x x x x
SEN. ENRILE: This is Exhibit "UUU" and I am reading from the first page. In effect, therefore, this Agreement is not a trust agreement but a Power of Attorney granted by the Equitable PCI Bank or granted by C-163 to Equitable PCI Bank to act as an Investment Manager of C-163. Am I correct on this?
MS. OCAMPO: We are an agent, yes, Your Honor.
SEN. ENRILE: All right. Do you know if any stamp tax was paid on this document?
MS. OCAMPO: It was not notarized. So, no doc. stamps were paid.
SEN. ENRILE: And so there is, therefore...
MS. OCAMPO: It's not required to notarize the document under the Trust Regulations.
SEN. ENRILE: But isn't it a matter of law that a Power of Attorney is required to be stamped in order to be a valid evidence in any Court?
MS. OCAMPO: Actually we followed the rules. This was also consulted....
SEN. ENRILE: Anyway, Mr. Chief Justice, that is a matter of law and so we will come to that at the proper time.
Now...
x x x x x
SEN. ENRILE: All right. How many typewriters did you use in inserting words in this document?
MS. OCAMPO: Just one.
SEN. ENRILE: Just one. Did you use the same typewriter in inserting the figure P500,000,000 on paragraph 1 of - -
THE PRESIDING OFFICER: What document number?
| TOP | HOME | Page 1, 3, 4, 5, 6, 7, 8, 9, 10, 11 |
< | > |