May 4, 2016

#BangkoSerye: Impeachment after Sampalan sa BPI Julia Vargas? (Part 3 of 4)

In #BangkoSerye: Impeachment after Sampalan sa BPI Julia Vargas? (Part 1 of 4), TP detailed Duterte legal counsel Atty. Sal Panelo’s and Sen. Antonio Trillanes’ respective versions of what transpired during their 2-hour meeting with bank personnel at BPI Julia Vargas. TP ended that article with a promise of an analysis in Part 2.

In #BangkoSerye: Impeachment after Sampalan sa BPI Julia Vargas? (Part 2 of 4), TP explained that Duterte’s SALN waiver covers all of Trillanes’ accusations. Now, the vast majority of the alleged transactions happened years ago, so the collective silence of the Ombudsman and the AMLC should’ve filed cases by now, but they didn’t. In short, Trillanes is lying and consequently, there shall be no impeachment case.

In this article, let TP play the “What if I am Duterte” game by examining Trillanes’s and Panelo’s statements, and evaluating the events in BPI Julia Vargas.

TP will pretend to be Rodrigo Duterte.

What if I am Duterte?

I am Rodrigo Duterte. Opinion polls suggest that I have a commanding lead over my rivals. The fact I am the least likely candidate to be favored by the survey companies adds further legitimacy to those results.

I survived the Pope Curse [Rappler]. I survived the Rape Joke [Straits]. I did some really crazy things, but I somehow pulled through.

Wherever I campaign, tens of thousands of people patiently and willingly wait for hours just to hear me talk [Inquirer], while other candidates see voters going home as they deliver their speech [Rappler]. This is in stark contrast with other camps who even resort to “hakot crowds” [TP: Grace Poe Baguio] and giving out “envelopes”[ABSCBN], desperately trying to fill their venues.

I appear to be the king of social media, the most democratic form of mass communication. I probably have the most dedicated SocMed followers among all five candidates [Rappler]. Their collective voice is so strong that they drown out whatever Big Media throws at me. Their voice is so loud it more often than not irks everybody else. But what the hell, it’s free speech.

A large number of rival politicians, including the influential Remullas of vote-rich cavite [CNN], have defected to my side. Even Iglesia ni Cristo, just this morning, decided to support my candidacy, even if I was the last among the five presidentiables to give a courtesy call [Politiko].

I think I have reached Teflon status [Rappler]. At least until May 9th, I should remain to be immune from negative propaganda.

Yes, putang ina, all signs point to Duterte victory.

Then BangkoSerye happened

One day, Trillanes suddenly went to the Inquirer and accused me of SALN under-declaration, saying I amassed 227 million in ill-gotten wealth over the years. But if I did that for that long, why hasn’t the Ombudsman and AMLC sued me? Because the evidence is either weak, or non-existent.

Yes, I will not indicted for graft, so impeachment won’t happen unless I do something really stupid after June 30.

But I am 71. Would I throw away my legacy for a few hundred million? Even if I am offered a billion, my remaining lifespan prevents me from enjoying that.

Matanda na ako masyado para diyan.

But the Trillanes-initiated trial by publicity seems to have an effect, the people are clamoring for the truth. I know I don’t owe Trillanes an explanation, as my March waiver was directed to BSP, and my SALN Waivers are for the Ombudsman. He is just a senator and it is not his job. But I have to set aside my personal interests for the unity of my people, so I will decide to give just enough information to prove his allegations false.

Pagbibigyan ko hindi si Trillanes, kundi ang mga taumbayan.

But this Trillanes is one pesky mosquito, I don’t want him hovering around me throughout my term, throwing allegations backed by hearsay or chismis, so I need to shut him up. I will need to get him convicted for perjury, so his testimonies will lose much of their legal weight [TP:Bakit Affidavit].

So I dared him to show up on Monday in BPI Julia Vargas with a sworn affidavit, and I will let the people know he’s wrong.

I will send my legal counsel Atty. Sal Panelo to deal with him.

After all, punching a senator in the face will cause yet another global commotion.

Sampalan sa BPI Julia Vargas

First, Trillanes had the temerity to go to BPI without a legal counsel [TP:Part 1], despite the fact he knew beforehand that he’ll be facing Panelo, who is one hell of a lawyer. Trillanes is not a lawyer: he did not even study law. Yes, he is a senator, but so are Lito Lapid, Tito Sotto, and soon, Manny Pacquiao.

This is his most serious mistake. He should have learned that after Oakwood [TP: Hacker] and Manila Peninsula [Rappler] na hindi lahat ay nakukuha sa fighting spirit.
This development defies logic, but a look at his affidavit reveals the reason why.

Quoting part of the affidavit:
“I…met with Joseph de Mesa...who saw documents showing…Duterte had…billions… / De Mesa… got… the documents from a close relative who was working with an agency involved in investigating ill-gotten wealth of government officials.”
In short, Trillanes heard it from De Mesa who heard it from a relative, his allegations are based on double hearsay. There nothing from sections 37 to 47 of the Rules of Evidence (which tackle hearsay) that will justify the believability of these claims.

Chinismisan siya ng ng balitang galing din sa chismis.

To make matters worse for him, the list of transactions annexed to the affidavit were neither authenticated by a licensed accountant. It didn't even use an official BPI form [D8].

So that’s why. Any self-respecting attorney will concede that that kind of affidavit holds no legal weight. Chismis nga lang e.
Kaya pala wala kang abogado, dahil masisira ang career niya kung dedepensahan niya ang kabalbalan mong ebidensiya.
Oh, and Trillanes did not mention in his sworn affidavit his promise to resign if proven wrong.

Pisting yawa, pinaglololoko yata nito.

Pero pinagbigyan ko pa rin si Trillanes, para sa bayan.

Second, I gave BPI my SPA and an official BPI bank waiver form [R3] despite the glaring deficiencies in Trillanes’ affidavit.
To recall, the SPA allowed BPI to say whether the account ever had deposits that cumulatively amounted to P211 million [D1], and BPI said “no”.

Trillanes contests this claim, saying he didn’t hear BPI’s “no” [R8], while Panelo said Trillanes came in late.

For the sake of argument and disregarding the fact the Trillanes is no bastion of credibility, why didn’t he insist that Panelo ask the question again after he arrived?

Ayan kasi: tanga na, wala pang abogado. Kasalanan ko ba ‘yon?
Third, Trillanes demanded for a copy of the SPA, but I didn't have an extra copy. But I already allowed media to take clear and legible photos of the SPA, so why would Trillanes need a certified copy?
Sonny, this is the apex of stupidity. That SPA is covered by bank secrecy.
Sonny, don't commit a bank secrecy violation in front a lawyer.
Aanhin mo ang certified copy? Souvenir?
You gave me an uncertified affidavit, and now you want me to do the opposite?
Putang ina, ang tanga mo.

Fourth, I’ll admit that my SPA is extremely specific, to the dismay of the anti-Duterte mob who desperately thirsts for blood.
However, what’s clear is that there was no combination of deposits in my BPI account that reached P211 million.

Trillanes’ fumed. He wanted my transaction history. He said I have P1.7 billion in Julia Vargas, with about P700 million in this particular account [TP: Scenarios].

But if the bank said there’s never been P211 million, wouldn’t that imply that there has never been P700 million?

Trillanes, you have accused me of so many things, it’s clearly a fishing expedition. Remember that I am doing you a favor here. Prove your first allegation before anything else.

Putangina ka. Ano tingin mo sa sarili mo, sinusuwerte?
Pero para sa taumbayan, pinagbigyan pa rin kita..

Fifth, media focused on the SPA’s P211 million clause, but they forgot what’s written after that.
Quoting part of the SPA [TP:Part 1]:
I hereby grant to [Panelo]... full power and authority to perform every act and whatsoever is necessary to be done and about the premises relative to the said account, limited to the purpose stated herein...
This is reinforced by the clause from BPI's official waiver that reads [TP Part 2]:
I hereby authorize the bank to disclose whatever information relative to my deposit account by virtue of the certification issued upon my request. I hereby waive my right under the Bank Secrecy Law and other applicable laws and I hereby further release the bank, its directors, its officers, its employees, and its agents from whatever liability may arise from such disclosure. (SGD Rodrigo Roa Duterte)
This basically allows Panelo to ask BPI for details to support BPI's "no P211 million" statement. This implies Panelo can ask for transaction records to back that P211 million claim.
You know, Sonny, if you just had the humility to bring a lawyer with you, you would have gotten what you want, because your lawyer would've noticed that part.  
Your pride has become your downfall.
Did you seriously expect Panelo to lower his IQ to match yours?
Sixth, BPI asked for 4 to 7 days to comply, and you accused me of delaying tactics.

(TP's note: Pramis, last na talaga ang part 4. I'll publish it this evening.)

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