Citizen’s Congress for Truth and AccountabilityManila, Philippines

November 9, 16 & 23, 2005

SUMMATION(ELECTORAL FRAUD)

The lawyer-presenters respectfully submit to the members of Congress and the Presidium the following testimonial and documentary evidence on the charge of electoral fraud contained in the impeachment complaint initiated on July 25, 2005 against Pres. Gloria Macapagal Arroyo:

I. Testimonial Evidence

A. ILLEGAL USE AND DISBURSEMENT OF THE GINUNTUANG MASAGANANG ANI (GMA) FUND

1. DANILO “Ka Daning” RAMOS, Secretary General of Kilusang Magbubukid ng Pilipinas (KMP), testified as follows: that –

• KMP is a broad organization of farmers and seasonal farm workers comprising of almost two million members from 15 regional chapters in the islands of Luzon, Visayas and Mindanao, and 64 provincial chapters all over the country with approximately 320 municipal organizations;

• None of KMP’s regional and provincial chapters, individual members and allied organizations proposed for the release of, or received any fund for the purchase of fertilizers or pesticides, farm inputs or implements from the Department of Agriculture, the members of the House of Representatives, the governors or from city/municipal mayors -- the alleged proponents and/or recipients of the Ginintuang Masagang Ani (GMA) funds;

• Based on the investigations conducted by KMP through its regional and provincial chapters, the GMA funds were released to non- government organizations (NGOs) that were established for undertakings other than agriculture and that are not engaged in the manufacture or distribution of fertilizers and pesticides. Four of the NGOs are not registered with the Securities and Exchange Commission but received a total sum of 57 million pesos from the GMA funds;

• The release of the GMA funds allegedly for the purchase of fertilizers and pesticides during the months of February to May is

highly suspect; during the said period, which was a harvest season, the farmers were not in need of farm inputs;

• The KMP or any of its regional and provincial chapters as well as its individual members and allied organizations never heard of the existence of the NGOs mentioned as recipients of the GMA funds;

• The farmers have no use for foliar or liquid fertilizers allegedly bought using the GMA funds for the same are only used on flowers like orchids and not on palay and corn or other agricultural produce and no manufacturer in the Philippines could supply the same in bulk.

• Based on the COA report, there was an overpricing in the purchase of liquid fertilizers in the amount of Php1125 per bottle; a bottle of liquid fertilizer only costs Php125 but as per records the same was purchased at a whooping amount of Php1250.

• the GMA fund was released five (5) days before the start of the election period and actual disbursements thereof were made during the election campaign period within the months of March to May 2004;

• Because of the illegal use of the GMA fund, KMP together with its allied organizations filed a case for plunder against GLORIA MACAPAGAL-ARROYO, MARIO I. RELAMPAGOS, LUIS P. LORENZO, JOCELYN I. BOLANTE, et al, before the Office of the Ombudsman but the case remains pending and has not yet been acted upon by said office.

2. FRANCISCO I. CHAVEZ, a practicing lawyer for over 30 years, a crusader for good government and public accountability of government officials, testified as follows:

• On May 26, 2004 and June 8, 2004, he filed two graft complaints against Gloria Macapagal Arroyo and her co-conspirators for plunder of the treasury, culpable violation of the Constitution, malversation and/or illegal use of public funds, graft and corruption, electoral violation involving Php728 million and Php1,102,391,000.00, respectively, of public funds from the Department of Agriculture (DA, for brevity).

• On February 3, 2004, Ms. Arroyo, through Department of Budget and Management (DBM) Secretary Emilia T. Boncodin and Department of Agriculture (DA) Secretary Luis P. Lorenzo, Jr., authorized the disbursement of public funds in the aggregate amount of seven hundred twenty-eight million pesos (Php728,000,000.00) allegedly to cover the purchase of farm inputs

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(i.e., fertilizers) supposedly in connection with her administration’s “Ginintuang Masaganang Ani” (GMA) programs.

• The aforesaid amount of PhP728 million was intended for distribution among several public officials (mayors, governors, members of the House of Representatives) who were listed as “proponents” of projects under the said program and who were supposed to use the funds so distributed for the “purchase of the farm inputs” required by their respective projects.

• A DA list of project proponents with their corresponding allocations shows that PhP407 million would purportedly go to 105 congressional lawmakers, PhP265 million to 53 provincial governors, and PhP56 million to 23 city and municipal mayors.

• The timing of the release of the funds, i.e., February 3, 2004 or seven (7) days before the start of the official campaign period on February 10, 2004, attests to the real purpose behind the release. The PhP728 million allocation for supposed ”farm inputs” was, in reality, an infusion into the political campaign kitty of Ms. Macapagal-Arroyo. This is bolstered by the fact that some supposed “proponents” of the projects were officials identified and allied with Ms. Macapagal-Arroyo or are supportive of the latter’s electoral bid.

• Funds were allocated to highly urbanized areas in the National Capital Region (NCR) where there are no farms to speak of but where these so-called “farm inputs” would be introduced. Reps. Maite Defensor and Federico S. Sandoval of the 3rd District of Quezon City and the Lone District of Navotas, respectively, were shown as “proponents” receiving PhP3 million each.

• A proponent identified as a political supporter of Ms. Macapagal-Arroyo would simply collect the amount earmarked for his alleged proposed project, in exchange for the issuance of a purchase order made out to the supplier of the farm inputs without specifying the place, date and the terms of delivery and payment for the said farm inputs. A purchase request would initially be made by the local official concerned prior to such purchase order.

• Several public officials have already received the amounts pertaining to their supposed projects without even accepting any actual delivery of any farm input.

• The DBM had, in fact, issued Notices of Cash Allocation to the Land Bank of the Philippines (LBP) advising the latter of the earmarking of portions of “Fund 101” to the DA. In one such Notice of Cash Allocation, the LBP was advised by the DA that the amount of two hundred ninety-one million two hundred thousand pesos

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(PhP291,200,000.00) had been “earmarked for the credit” of the DA.

• It appears that the modus operandi is carried out in this manner: a ranking official in the DA who is linked to Ms. Macapagal-Arroyo’s husband, Jose Miguel Arroyo, has “runners” who approach local government officials. The “runners” will obtain the commitment of the local government officials to accept these “fertilizers” in liquid state. The sharing is as follows:

25% -- DA official close to Jose Miguel Arroyo;30% -- mayor, governor, congressman concerned;20% -- “suppliers” of these so-called farm inputs; and 25% --the DA official’s “runners”.

• On the other hand, evidence adduced in the second graft complaint shows that on 11 February 2004, DBM Secretary Emilia T. Boncodin, as alter ego and upon authority, instigation and directive of Pres. Gloria Macapagal-Arroyo, issued a SARO to the Office of the DA Secretary in the aggregate amount of one billion one hundred two million three hundred ninety-one thousand pesos (PhP1,102,391,000.00) allegedly to cover “Rice, Com and Livestock Maintenance and Operating Expenses”.

• A Memorandum dated February 9, 2004 from the Budget and Management Bureau – E shows that the aforesaid allocation appears to have been part of an earlier request purportedly made by Secretary Luis P. Lorenzo and to which Secretary Boncodin had reportedly committed. The so-called “projects” are apart from the projects (allegedly “farm-to-market roads”, “farm inputs” and “high impact irrigation projects”) submitted by Usec. Jocelyn Bolante who had already received purportedly in representation of the DA, the amount of PhP 1.59 billion.

• Like the first allocation of PhP728 million subject of the first graft complaint, the aforesaid amounts were intended for distribution among several public officials (mayors, governors, members of the house of Representatives) who were listed as “proponents” of projects under the said program and who were supposed to use the funds so distributed for “farm input” and/or “implements” in their respective areas of responsibility. While the SARO indicated that the allotment would also be used for “livestock maintenance’, the list of the “project proponent” simply denotes that the funds were for “farm inputs/implements”.

• Similarly, like the previous allotment of PhP728 million, the distribution of the subject funds was actually intended to ensure Ms. Macapagal-Arroyo’s electoral victory. And while the PhP728 million “agri-funds” were released a week before the start of the campaign period, these “new” funds were released on February 11, 2004 or

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well within the official campaign period which commenced a day before or on February 10, 2004. Obviously, the funds in question have acquired a political complexion in view of the questionable timing of its allocation within the campaign period.

• This is even underscored by the allocation of funds to fourteen (14) congressional districts within the highly urbanized National Capital Region (NCR) were there are obviously no farms to speak of.

• Whereas in the previous allocation of PhP728 million, only two (2) congressional districts in Metro Manila had the fortune of being recipients of “agri” funds, this time around fourteen (14) congressmen had the privilege of being “proponents” for this agricultural project. It is even doubtful whether or not these congressmen indeed received the funds purportedly allotted to them.

• From the list of project proponents, the distribution of the PhP1,102,391,000.00 was reportedly as follows: PhP98 million went to 196 municipal mayors who supposedly obtained PhP500,000.00 each, PhP94.5 million to additional 63 municipal mayors who got higher amounts of PhP1.5 million each; PhP65 to 13 governors; and Php188 million to 61 members of the House of Representatives.

• The intended beneficiaries of the abovementioned fund releases under the so-called GMA and “agri” projects, i.e., the farmers and various farmer organizations, were not reported to have received them, thus engendering the well-founded belief that the funds in question were diverted to partisan political activities with Ms. Macapagal-Arroyo and her allies in selected congressional districts, provinces, cities and municipalities as the ultimate beneficiaries.

3. RODOLFO PLAZA, representative of the lone district of Agusan del Sur, testified as follows: That –

• One of the functions of a member of the House of Representatives is to lobby for funds for certain projects for his/her own district; that on a regular basis, members of the House propose projects, for instance for public works projects through the DPWH or the DOTC, or for farm-to market road or farm input projects through the DA.

• While his name was listed as a proponent and recipient of Php5 million worth of Ginintuang Masaganang Ani (GMA) fertilizer fund, a project of the Arroyo government, he did not submit any proposal nor received a single centavo or any fertilizer or farm input.

• While he was listed as one of the recipients of the GMA fund in a DA document entitled “SARO E-04-00164” dated February 14, 2003, he denied having received any amount/allocation from the

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GMA fertilizer project or any fertilizer or farm input. He was surprised when he learned that there was a release of Php3.2 million and another Php1,050,000 when in truth and in fact he was never notified/informed by the DA regarding such release of fund.

• The process in the release of a fund allocation is that: the fund coming from the DBM will be downloaded to the DA; thereafter, it will pass through the regional office of DA. But he never received any check under the SARO.

• His name was listed as a recipient in the document entitled “Report of the MTA Received, Disbursement and Liquidation by the DA as of January 31, 2005,” and four checks were listed in the document as having been issued supposedly indicating the release of funds totaling Php3.5 million allegedly in favor of Rep. Plaza, with check numbers namely 1443708 as of April 20, 2004 for the amount of Php750,000, 144386 for the amount of Php2.5 million, 144682 for the amount of Php1,050,000, and 145178 for Php700,000.

• However, he never received any of such checks. In fact, the payee indicated on the checks was a certain non-government organization Philippine Social Development Foundation. He has no knowledge about the existence and operation of such organization.

• He learned that the funds were actually released 10 days before the elections but it was made to appear on record that the SARO was released early on with the NCA (Notice of Cash Allocation or Notice of Cash Fund Allocation), but that the actual release was made ten days before the elections. It was then that he resolved to stand firm on his decision to join the clamor for Gloria Macapagal-Arroyo’s ouster.

B. ILLEGAL TRANSFER AND USE OF OWWA FUNDS TO PHILHEALTH

4. MARGARITHA SANTIAGO, the Secretary-General of Migrante

International (MIGRANTE) testified as follows: That –

• MIGRANTE is a global progressive alliance of Filipino migrant organizations composed of migrant workers, immigrants and their families;

• OWWA’s mandate is to provide welfare assistance to OFWs and their families and is dutibound to ensure the viability of OWWA funds that are held in trust for the migrant workers and their beneficiaries.

• OWWA funds come from three sources. Every migrant worker is charged a membership fee of US$25 per employment contract.

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He/She is also compulsorily made to pay an annual contribution of Php900 for medicare. These fees collected are held in trust by OWWA for the migrant workers. The other source of OWWA funds is investments. Based on Migrante’s records and documents, OWWA investments amounted to more than Php6.2 billion as of October 2004.

• If in 2004, there were 933,588 Filipinos deployed for work abroad, in that year alone, OWWA raked in Php1,237,004,100 in membership fees and Php840,249,200 in medicare contributions, not to mention interest income from OWWA investments.

• These funds never benefited the beneficiaries thereof, but were instead fraudulently spent by the Arroyo government.

On March 2003, OWWA released US$293,500 evidenced by Arroyo’s written note allegedly for the massive evacuation of OFWs due allegedly to the impending US invasion of Iraq. But no such evacuation occurred.

A Memo from Secretary Romulo addressed to Gloria Arroyo requested for US$293,500 allotment. Said Memo shows GMA’s handwritten instruction to OWWA, stating “OK charge to OWWA.”

On December 30, 2003, OWWA also released Php9 million for Arroyo’s project called “Classroom Galing sa Mamamayang Pilipino sa Abroad” (CGMA) Project. This was shown on video abroad just before the 2004 elections. The video ended with the words “Mabuhay si GMA!”

On September 2003, Php100 million OWWA Livelihood Development Fund was diverted to the National Livelihood Support Fund that is under the Office of the President.

OWWA also approved the transfer of Php530,382,446 from its medicare fund to Philhealth through the issuance of OWWA Resolution No. 005 Series of 2004 signed by OWWA Board of Trustees Chair Patricia Sto. Tomas.

On November 20, 2002, then Philhealth President Francisco Duque III, now the incumbent Secretary of Health, sent a Memo to GMA containing a draft of a proposed Executive Order. The Memo proposed the transfer of OWWA Medicare Fund to Philhealth, stating that the transfer would have a significant bearing on 2004 elections and on the President’s desire to provide health insurance by the end of 2003.

In the Memo, Duque further stated he would be available for explaining in greater detail the far reaching political

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implications of the transfer. Thereafter, Executive Order No. 182 entitled “Transferring the Medicare Funds and the Medicare Functions of OWWA to the Philippine Health Insurance Corporation,” was signed by Arroyo on February 14, 2003.

OWWA Board Resolution No. 005 Series of 2004, did not bear the signature of Ms. Carsola, the representative of the land-based OFWs in the OWWA Board. In a press release, Ms. Carsola said that she indeed did not sign the resolution because she was against the transfer of the funds which were trust funds and reserved only for the migrant workers.

• In the new Philhealth card, the picture of Macapagal-Arroyo is bigger and more prominent than the photo of the cardholder. The new card, in fact, contains two photos of Arroyo, one on its face and the other at the back thereof. There were several versions of the card. In one version, the letters G-M-A to stand for “Greater Medical Access” was written beside her photo and below it was the slogan “GMA para sa masa, para sa lahat!”

• Based on news reports gathered by Migrante, the latter learned that Arroyo distributed Philhealth cards nationwide during the election campaign. In Sultan Kudarat, she handed out 4,208 cards on January 2004; 1,008 in North Cotabato; 240,000 in Central Luzon; 29,765 in Cagayan; 11,583 in Cebu City and 300 in Zamboanga from January to March 2004.

• It was also disclosed in newspapers that on April 2004, during her campaign sortie, Arroyo revealed that she had already distributed Philhealth cards to 26 million families in the entire country.

5. CORAZON JULIANO SOLIMAN also known as “Dinky,” Secretary of the Department of Social Welfare and Development for the period January 2001 to July 8, 2005, testified as follows: That –

• As Secretary of DSWD, she was in charge of the presentation, management, coordination of and ensuring the implementation of programs that would help the poorest 30% or the most vulnerable sectors of the country; she was also in charge of 71 institutions that take care of the abandoned and neglected children, the aged, the sexually abused, and the victims of domestic violence as well as persons with disability; she was also in charge of ensuring that when disasters happen, whether man-made or natural, local government units are assisted in responding to the needs of the victims of disaster.

• For the past 4 ½ years working as a public servant at DSWD, she had been involved in development programs and in programs that

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enhance the delivery of basic social services to the poorest communities or areas such as health projects, early childhood development, gender sensitivity and projects for the care of children affected by armed conflict.

• The DSWD conducts health programs jointly with the Department of Health and other local government units; one of such programs is the issuance of Philhealth cards that aims to provide affordable health services to indigent families.

• During the Cabinet meetings held sometime in January and February 2004, the Cabinet members together with President Macapagal-Arroyo discussed the campaign strategy to make Mrs. Gloria Macapagal-Arroyo win the 2004 election. During those meetings, the Cabinet members assessed, evaluated and identified the places or areas where the President was weak while her opponents were strong.

• In the said cabinet meetings, a decision was made to ensure that the programs to be implemented would help the poor; among such programs were having a universal coverage of Philhealth services and the distribution of PhilHealth cards to indigent families; the resources for the programs would then be given or allocated in areas where the assessment indicates that Mrs. Gloria Macapagal-Arroyo was weak, and, therefore, the delivery of these programs would accelerate her chances of winning in the election.

• The targeted number of Philhealth cards to be distributed nationwide was 5 million at a cost or premium of Php 1,600 per card or approximately a total cost of Php 8 billion pesos.

• In line with the decision concerning the election strategy of Mrs. Arroyo, Ms. Soliman went around various provinces particularly in Pangasinan to distribute PhilHealth cards to indigent families.

• The PhilHealth cards were distributed in Pangasinan on the motivation that the survey or opinion show that in times of election President Gloria Macapagal-Arroyo would be weak from the view point of election purposes in that place. Pangasinan was known as a strong hold of Mr. Fernando Poe, Jr.

• She went to Pangasinan sometime in March and April 2004 to distribute around 3,000 Philhealth cards. The task of the DSWD was to generate the names of indigent families based on the municipal, social welfare and development offices in the different municipalities since only indigent families are qualified to accept PhilHealth cards. The distribution of the Philhealth cards was done in a big meeting organized by political leaders and was distributed as part of the program.

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• The distribution of the PhilHealth cards was done in some other regions of the country known as strongholds of the opponents of Pres. Arroyo.

• The PhilHealth ID card shows the picture of President Gloria Macapagal-Arroyo cuddling a baby. It was signed by a certain Olivia “Honey Girl” de Leon, the then Chairman of the Philippine Charity Sweepstakes Office or PCSO.

• Last June 27, 2005, in a conversation between the President, Sec. Gabby Claudio, and herself, the President was informed by Sec. Claudio that Atty. Lozano has already filed an impeachment complaint in the House. The President inquired whether the complaint has been endorsed, to which Sec. Claudio said that it has not yet been endorsed. The President said in front of the witness and addressed to Sec. Claudio to have the complaint endorsed already.

• The President said “ipa-endorse mo na” and Sec. Claudio replied that he would try to talk to Congressman Marcoleta from a partylist.

C. “GARCI TAPES” AND OTHER FORMS OF ELECTORAL FRAUD

6. SEGUNDO TABAYOYONG, an expert on questioned documents, testified as follows: That -

• He had extensive work, training and experience in the field of questioned documents while he was still at the National Bureau of Investigation (NBI). While in the NBI, he was appointed document examiner in 1965, executive officer of the Questioned Documents Division in 1969, then as Chief Document Examiner in 1972. He was acting chief of the Questioned Documents Division in 1975. He became Chief of the Questioned Documents Division in 1980.

• Aside from his key NBI positions, he also underwent special training/studies abroad in the field of questioned documents examination. In 1978, the NBI sent him to the Interpol Symposium on Criminalistics at the Interpol Headquarters in Paris, France. Criminalistics is the science of investigation and identification of objects used in the commission of a crime such as fingerprints, footprints and palm prints. He was also sent that same year to the Federal Bureau of Investigation (FBI) for training on the Establishment of Forgery Files.

• He had also served as a lecturer, resource person or training officer in seminars and training courses in the matter of forgery and fraud detection, scientific examination and investigation of questioned documents for the police, military and other law enforcement

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agencies as well as for banks and financial institutions. He also examined and analyzed all kinds of questioned documents involved in cases that were referred by the courts and other government agencies and had been asked to testify as expert witness in courts. Some of the documents that were referred to him for investigation and analysis were election ballots, returns, statement of votes and certificates of canvass whose authenticity was being disputed in election protests.

• On May 26, 2004, just days after the elections, the Koalisyon ng Nagkakaisang Pilipino (KNP) party engaged his expert services for the examination of the genuineness of some 10,000 election returns for the positions of president and vice-president.

• The election returns (ERs) presented to him for examination and analysis were original duplicate copies furnished to KNP as the dominant minority party. Most of these ERs were from Cebu, Bohol, Iloilo and Pampanga, and later added were from Leyte, Southern Leyte, Negros Oriental, and other areas in Luzon.

• Out of the 10,000 ERs presented to him, he had evaluated the genuineness and authenticity of 5,000 of these. His findings reveal that 3,000 of the 5,000 ERs he had so far finished examining, show serious defects and irregularities and did not comply with the due execution requirements of the law in clear violation of COMELEC Resolution N0. 6667 promulgated on March 15, 2004 which is conspicuously printed at the upper left corner of every ER.

• There are two (2) generations of fraud committed during the past elections. The First Generation of fraud involves the ballots such as ballot-switching, fake ballots, etc., which are costly, material- and manpower-intensive. On the other hand, the Second Generation of fraud, which involves tampering of either or all of the ERs, statement of votes (SOVs), or/and certificates of canvass (COCs), is more subtle and economical. This is because the ER is the basic source of SOVs and COCs. Since ERs are prepared in and originate from election precincts, when one examines the SOVs and COCs, fraud in the ERs can no longer be detected.

• The 3,000 ERs found spurious and fake contain the following defects:

1. There were no closing signatures and thumb marks. These defects Mr. Tabayoyong calls as the naked pattern of fraud.

2. Some ERs had closing signatures but without the required closing thumb marks, which defect he calls the semi-naked pattern.

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3. There may have been fingerprints on the ERs but they were too tiny.

4. There were fingerprints approximating thumb marks but were not identifiable vis-a-vis the thumb marks in the lower portions of the ERs which are supposed to be certifications of the Board of Election Inspectors (BEI).

5. There were fingerprints on the ERs having unique or unusual designs which are not part of the usual thumb marks.

6. There was substitution of pages, mostly on page one which contains the names of candidates for national positions.

7. The preparation of the ERs did not follow the chronological order.

8. An unusual kind of ink was used. This defect is not readily noticeable to an ordinary person.

• In these 3,000 ERs analyzed and found to be defective, there was a clear, unique and schematic pattern of fraud. His examination and analysis prove that the ERs were prepared under conditions that afforded the “operators” or “manipulators” of fraud the convenience of place and the luxury of time which do not obtain in the ordinary course of election activities.

• There was common authorship in the making of entries in the ERs. These entries were done by what he calls the “golden arms” or those forging the signatures and handwritings, and by the “pianistas” or those faking fingerprints. All these show that indeed the ERs were not prepared in the election precincts during the election day but elsewhere. In other words, the ERs were “pre-fabricated” and therefore spurious.

• With the GMA-FPJ average margin of 100 votes and De Castro-Legarda at 70 votes, and considering that there were more than 30,000 sets of overprinted ERs as admitted by the COMELEC itself, GMA and De Castro would have been given an insurance vote of 3 million and 2.1 million votes, respectively.

• The use of the second generation of fraud by the GMA-Noli tandem, which Mr. Tabayoyong calls the “tandem fraud,”, is the first of its kind in the last 40 years of Philippine electoral fraud.

7. HADJI ABDULLAH DALIDIG, provincial chair of NAMFREL in Lanao del Sur from 1992 up to the present and founder-chair of the Islamic Movement for Electoral Reform for Good Government and the Muslim Movement for Peace and Development, testified as follows: That -

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• Among the responsibilities of NAMFREL are the following: monitoring elections, releasing election results, doing quick counts and checking for irregularities in the elections. As NAMFREL provincial chair he supervises the more than 1,000 volunteer watchers in the elections in his province.

• The 2004 elections is the worst and dirtiest elections ever in Philippine history. All kinds of cheating/electoral fraud were carried out in Lanao del Sur. The canvassing of votes for the national and local positions seemed to have been done separately. Mrs. Arroyo’s votes were padded in the Certificates of Canvass (COCs) in almost all precincts in each municipality. But the election returns (ERs) show that FPJ got more votes than Mrs. Arroyo.

• The municipality of Saguiaran is one of the municipalities where vote-padding was blatant. Based on the COC, GMA got 7,449 votes, whereas the election return says she got 1,956 votes only. This translates to 250% padding in her favor.

• In the municipality of Marantao, Mrs. Arroyo garnered 7,982 votes based on the COC, but the ER shows she got 2,535 only. This means she gained more than 5,000 votes. On the other hand, FPJ got 1,071 based on the COC, but the ER says he got 4,045. That means 2,974 votes were shaved from him.

• Likewise, in the municipality of Taraka, Arroyo got 1,393 votes only on the basis of the ER but got 3,952 more in the COC or 5,345 votes. In contrast, FPJ got 2,862 in the ER, but the COC trimmed it down to only 500 votes, which means 2,362 votes were taken from him. Also, in the municipality of Wao, GMA got 4,037 votes in the ER, but based on the COC she got 7,614. FPJ, on the other hand, got 8,174 in the ER but the COC reported only 4,967 votes.

• In his own municipality, Arroyo also got a padded vote of 6,298 based on the COC, while the ER says she got 2,864 only. In contrast, FPJ got 2,834 in the ER but was given only 1,196 in the COC, which shows 1,638 were stolen from him. This was the scenario in almost all the municipalities in Lanao del Sur.

• The worst and outright vote-padding/shaving happened in the municipality of Poona Bayabao as demonstrated by the discrepancy in the COCs and ERs of Poona Bayabao Precinct 25-A. The COCs show that GMA got 4,700 votes while all of her opponents received zero vote, which means, all the votes went to GMA. On the other hand, the ERs prove that Lacson, FPJ, Villanueva and Roco each garnered votes.

• He was not a supporter of FPJ and he had never seen FPJ in person. As regards GMA, he has met her several times and

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disclosed that she even endorsed his NGO, the Muslim Multisectoral Movement for Peace and Development, to participate in the peace process between the GRP and the MILF. Although GMA supported his organization, as a devoted Muslim, he nevertheless saw the need to expose this electoral fraud for the good of the Filipino people.

• Due to his length of service at NAMFREL he has been trained how to detect fraud. In Lanao del Sur for instance, the election officers and the members of the Board of Election Inspectors were utilized to carry out cheating in the elections. They were the ones who did vote-buying for GMA. Since the COCs reflect the results borne out by the ERs, when the canvassing was done, which was not made public because NAMFREL volunteers were not allowed to watch, it appeared that GMA seemed to have won the elections.

• The election officers denied NAMFREL volunteers entry during the canvassing of votes and even ordered the soldiers manning the canvassing not to let them in. So what NAMFREL did was to run after the election officers in their homes to be able to obtain copies of ERs. They were able to get copies of 38 ERs out of 39 municipalities while only around 40 COCs and SOVs came to their possession.

• Upon learning of the election rigging in his province, he immediately made a report and transmitted it together with copies of the ERs and the padded COCs to the NAMFREL national office, addressed to Chairman Jose Concepcion or to Secretary-General Bill Luz.

• He reported many times to Jose Concepcion. But when he arrived in Manila, he found out that Concepcion and Luz had been declaring on television that the elections in Lanao were clean and honest. So he decided to hold a press conference and executed an affidavit to tell the people the truth about the Lanao elections.

8. ROBERTO VERSOLA, a computer expert whose graduate studies paper titled “The True Results of the 2004 Philippine Presidential Elections Based on the NAMFREL Tally” was published in a well-respected academic journal known as Kasarinlan, testified as follows:

• He was an observer at NAMFREL at the time the latter was in the process of tabulating the results of the 2004 elections. He was the one collecting the NAMFREL reports then. There were around 83 chronological reports which he would enter into his computer for analysis. He used arithmetic operations to get additional conclusions from the data contained in the NAMFREL data base.

• He used the spreadsheet program in studying and analyzing the said reports. This program facilitates analysis of numbers.

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• He did his study from May 2004 to June 30, 2004 while NAMFREL was at that time doing its quick count. His initial reports were picked up by the media. Thereafter, he wrote his final report. That was when NAMFREL released its terminal report which also came out in the media. When the issue of electoral fraud somehow settled down a bit, Versola submitted his academic paper to UP Kasarinlan, a publication of the UP Third World Studies Center. His study went through the rigid academic process of review before it was approved for publication, wherein the publication selects three anonymous reviewers who would evaluate if the submitted article is correct in logic, in data and in the process taken. The journal was published only in early 2005.

• One of the results of his study was the identification of provinces where the worst cheating happened. The top seven provinces where the massive cheating happened are the same provinces mentioned in the Garci tapes. So the Garci tapes were a confirmation of the findings in his study.

• Mr. Versola’s study has three parts. The first part was a comparison of the results as canvassed by the Congress and those of the NAMFREL tallies. The Congress results were the official tally. The NAMFREL’s was the citizens’ count. At that time, Mr. Versola was utterly disappointed because Congress refused to have the ERs and the municipal results examined and compare them with the provincial tallies. He was then thinking of ways how to expose the true results of the elections. That was how he got the idea of comparing the Congress results with the NAMFREL tallies.

• Congress counted 32.3 million votes. NAMFREL had 26.4 million votes counted which, was about 83% complete. Under the Congress tally, GMA’s lead was 3.48% while under the NAMFREL tally her lead was 2.58%. Clearly, there is a discrepancy. Even in terms of average lead there is also a discrepancy. Based on Congress results, the average lead of GMA was 5.2 votes per precinct, but NAMFREL results say it was 3.1 votes per precinct.

• On the basis of average vote turnout, there is also a discrepancy nationwide. In Congress, it was 149 votes per precinct; in NAMFREL 145. But the NAMFREL results which are based on ERs are more credible and closer to the truth than the Congress canvass which is based on COCs, for several reasons. Firstly, ERs total more than 216,000 and hence are difficult to tamper with; whereas COCs number only 177. Secondly, unlike ERs, COCs pass through several levels, from the precincts to the municipal canvassing, provincial canvassing, etc. That is why COCs are prone to tampering at any stage of the canvassing. Thirdly, the open tallies in the precinct level and those of the NAMFREL volunteers are more reliable than those of the COMELEC provincial officials who have a history of cheating in the elections. Lastly, a

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fraud operator would rather rig the COCs because they are official results, not the ERs which are unofficial results.

• The term percentage lead or percentage margin of GMA means GMA’s lead over FPJ divided by the total number of votes. The discrepancy between the Congress and the NAMFREL results is the percentage of the total votes that were not correctly counted. For example, a 10% discrepancy means 10% of the total votes were not properly counted.

• As an illustration, in the province of Basilan, which recorded the highest discrepancy, FPJ won by 52% according to NAMFREL results. However, after the Congress canvass, it was GMA who led by 22%. He also showed that there was a reversal of lead in Basilan, Sultan Kudarat, Lanao del Sur and Sulu.

• Based on NAMFREL results, FPJ won the presidential elections. But when Congress did its own canvass, it was GMA who won and the discrepancies were very big -- 75% discrepancy in Basilan, 65% in Sultan Kudarat, 50+% in Lanao del Sur, etc.

• Even in terms of regions, Versola’s study shows that in ARMM, FPJ won based on NAMFREL count, but the Congress count says GMA won. And the discrepancy is 50+% which means half of the total votes were not properly counted.

• Another discrepancy that emerged in his study was the discrepancy in the average votes per precinct. Average votes are computed, not counted. They are hard to conceal because they cannot be determined by an operator of fraud unless he computes them first.

• In ARMM, for instance, the average votes per precinct as per NAMFREL count is 100 only. The total number of votes means the sum of all votes pertaining to all five presidential candidates. If you divide the total number of votes by the total number of precincts, you will get the average which is 100 votes only per precinct. At the Congress canvassing, however, the average vote per precinct was 153. There was apparently an addition of 53 votes every precinct in ARMM. That is not vote-padding and shaving, that is only padding. So in the NAMFREL results alone, about 300,000 votes had been padded in favor of Arroyo.

• After ARMM, the other regions showing big discrepancies are Ilocos with more than 20 votes per precinct added, Central Visayas, and so on.

• Thus, his first conclusion was that there was a big discrepancy in the votes, particularly in Mindanao where there were more or less 600,000 votes padded in favor of GMA.

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• His second conclusion was that NAMFREL did a more complete vote count in areas known to be GMA bailiwicks than in pro-FPJ areas.

• Since he relied on NAMFREL count rather than in Congress canvass, he examined thoroughly his source. He reiterated the fact that NAMFREL count was only 83% complete, so 17% of the votes remain unaccounted for. Mr. Versola estimated that the 17% uncounted votes translate to about five million votes. Based on estimates, he found out that four million votes not yet counted come from pro-FPJ areas, while more or less one million uncounted votes from pro-GMA areas.

• The 681,000 votes lead of GMA as reported by NAMFREL when it discontinued its count could have dwindled had all the votes been counted. For example, the NAMFREL count in Western Visayas was 83% complete than in NCR which was merely 74% complete.

• Therefore, the public was getting a wrong picture. It was inaccurate for NAMFREL to say GMA’s lead was 681,000 when in fact there were still millions of votes uncounted. Clearly, there was a skew, bias or selective tabulation of the votes.

• Thus, the FPJ votes were understated in the areas known to be FPJ territories, while GMA votes were overstated because the vote count in her areas were almost complete.

• In the third part of his study, he made a list of estimates of votes not counted by NAMFREL, about 17%. He estimated how much in each region the uncounted votes would have delivered to GMA and FPJ. In so doing, he got the latest NAMFREL reports and interpreted them as a kind of exit poll with 64 million respondents.

• Then he made some assumptions. One assumption would favor GMA, another would favor FPJ. He made computations based on his assumptions. The result was two numbers that determined the range or extreme points of the possibilities of the elections. And at the extreme point of the possibilities is the likelihood that FPJ could have won by around 84,000 votes. On the other hand, using the assumption favorable to GMA, another possible result would have been that GMA won but only by 156,000 votes.

• His study concluded that based on the most reasonable assumptions, the election was a very close contest and that one possibility was that GMA could have won by 156,000 or FPJ could have won by 84,000. These are all estimates. But the point is it was a very close election.

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• In sum, his study reveals that the 2004 elections was actually a neck and neck race, either GMA or FPJ could have won. It belies the alleged official results that GMA won by 1.1 million votes. It is highly improbable for GMA to have achieved that lead. Her purported 1.1 million votes lead could have been delivered but only through massive rigging of the election results.

9. HERMENEGILDO R. ESTRELLA, JR., a management systems advisor, observed the canvassing in Congress of the 2004 elections and examined and analyzed the copies of the election returns of the Minority party, testified as follows: That -

• Upon examination of the copies of the election returns ERs of the minority party, he found evidence of fraud in the ERs.

• The serial number of the ER was not printed simultaneously with the Form. This means that the ER was printed without a serial number. The serial number was stamped or imprinted or embossed at a later time. This makes the ER non-accountable as the serial number can easily be imprinted using numbering machines available in book stores, in clear violation of COMELEC Resolution No. 6666,. This makes it easy to prepare an ER with predetermined number of votes or to replace any of its pages to tamper with the results.

• Section 212, sentence 9, of the Omnibus Election Code provides that “Any election return with a separately printed serial number or which bears a different serial number from that assigned to the particular polling place concerned shall not be canvassed.”.

• The fourth sentence of the same section of the Omnibus Election Code also requires that “The entry of votes in words and figures [in the ERs] for each candidate shall be closed with the signature and the clear imprint of the thumbmark of the right hand of all the members [of the Board of Election Inspectors], likewise to be affixed in full view of the public, immediately after the last vote recorded or immediately after the name of the candidate who did not receive any vote.”

• The tallies in many ERs were improperly closed. Vote counts, signatures and right hand thumb marks (we call them “naked” or “semi-naked” depending on the number of missing entries) were also missing.

• Many ERs bore marks from other fingers, not thumb marks as required. Other ERs do not have thumb marks but bore marks from ball pens or pencils.

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• COMELEC Resolution No. 6667, Sec.15 states that each precinct shall receive "two (2) thumb mark/ fingerprint takers" among other forms and supplies. The color of these takers is grayish black.

• Most of the ERs show the use of ink different from the grayish black officially provided by COMELEC, in two strips of thumb mark takers: violet, blue, light blue, black, grayish, reddish and ink for fountain pens.

• Similar patterns of handwriting in many ERs were found. Among these patterns are “soldier” type where the taras are straight and uniformly written, “slanted” where the taras were written on a slanting angle, “reverse” where the diagonal tara (for the fifth vote) in each tally box of five votes is written diagonally from left to right, and “cute” where the taras were written neatly in a much smaller size.

• There are evidence of post-election tampering of SOVs and COCs in some Mindanao provinces referred to in the recorded conversations in the “Hello Garci” tapes and in the testimonies of Gen. Gudani and Col. Balutan in the Senate inquiry.

• The Provincial Statement of Votes (SOV) from Lanao del Sur showed that in Poona Bayabao, all candidates except GMA had zero votes. But the ERs from said municipality indicated there were votes for GMA’s opponents.

• The PSOV from the municipalities of Bumbaran and Wao in Lanao del Sur showed that GMA won but the ERs provided by NAMFREL showed otherwise.

• The same is true in Basilan. The PCOC count showing a GMA win is the reverse in the counts of the ERs. The ER count also showed where the “70,000” requested by a pro-GMA caller to be counted for GMA came from.

• The reversal of the PCOC counts showing a GMA win as aginst the opposite result as shown by the ERs is also true for Tawi-Tawi, Sulu and Sultan Kudarat.

• The estimated total effect of this “dagdag-bawas” tampering in favor of GMA is as follows:

Lanao del Sur - 226,120 ; Basilan - 94,089; Sulu - 53,893; Tawi-tawi - 27,236; Maguindanao -109,151; Sultan Kudarat - 151,971; for a total of 662,460 votes.

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10. JAIME SARTHOU, a recording engineer for 27 years, testified as an expert witness as follows: That –

• He studied the “Garcillano Tapes” and confirmed that these tapes were not tampered with; that it is virtually impossible for the “Garcillano Tapes” to have been manufactured or tampered with or produced by a person who was merely willing to set-up the President;

• It requires a genius to be able to “manufacture” or concoct the “Garcillano Tapes" for he would have to create a data and script that would include innocuous conversations from various parties not related to President Arroyo. He would also have to hire the best actor who can mimic the voice of the President and the voice of all the other persons in the “Garcillano Tapes” who could trick even audio experts;

• Based on his study of all the tapes, i.e., the tapes submitted by Sammy Ong, Senator Lacson and Atty. Paguia, all these tapes play along with each other. It was only the tape submitted by Secretary Bunye or the tape known as the “Ruwado tape” that did not play along with the other tapes;

• Comparing the voices in all the tapes, he found out that the voice of the person asking the questions belongs to President Gloria Arroyo. However, the voice of the person talking to President Arroyo as recorded in the tape of Secretary Bunye was different from the voice recorded in the other tapes;

• His study of the “Ruwado” tape or CD reveals that there were two different backgrounds or settings in the conversations between President Arroyo and the person addressed by the President as “Gary”.

When it was President Arroyo talking, a cell phone and electromagnetic noise was at the background of the conversations. On the other hand, when it was the person referred to as Gary answering questions of the President, the background of their conversations became totally different. A microphone was used with different background modes.

This shows that the conversations were recorded separately or on different occasions under different environments and thereafter put together. The tapes were “semi” fabricated which means that the GMA wiretapped voice was used but the voice of a young girl with a Visayan accent instead of Garcillano’s voice was used in answering the questions of the President. Thus, the “Ruwado tape or CD” presented by Secretary Ignacio Bunye was fabricated.

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In the CD presented by Jonathan Tiongco during a press conference called by Secretary Mike Defensor, the question of the President “Will I win by more than 1M?” found in all the tapes was changed in the CD presented by Tiongco to “Will Fernando Poe win by more than 1M?”

From all the other tapes, the conversation where the President mentioned the name of Fernando Poe was “baka gagapang na naman yon si Fernando Poe.” These two statements were spliced or put together to make it appear “Will Fernando Poe win by more than 1M?”

11. MANUEL A. ALCUAZ, JR., the President of the Systems Technology Research Corporation and Systems Science Consult, Inc. and who conducted a study and a comparative analysis of the NAMFREL tally and the Congressional canvassing of the 2004 presidential elections, testified as follows:

• His study used the following methodology: He recorded the total votes of Ms. Arroyo and multiplied it by 100 to get her percentage. Then he divided Mr. Poe’s votes by the total counted by NAMFREL to get Mr. Poe’s percentage. Afterwards he subtracted the total votes per COC from the total votes counted by NAMFREL. The result was the difference between the two. Then he analyzed the percentage.

• His research focused on eight Mindanao provinces that were mentioned frequently in the “Hello Garci Tapes.”

• There was a huge discrepancy between the tally of COMELEC-Congress and that of NAMFREL in the presidential elections, in particular there was a large increment in the votes of Pres. Arroyo and the reverse (loss/reduction of votes) on the part of Mr. Poe.

• The huge lead by Mr. Poe in the NAMFREL tally was reversed when the results of those precincts not tallied by NAMFREL were tabulated by Congress during its canvassing.

• In Tawi-Tawi, Pres. Arroyo had 20% while Mr. Poe got 75% of the votes with 89% of the votes counted in the NAMFREL tally. Mr. Alcuaz testified that it is impossible for a person like Garcillano, without tampering with the election documents, to overhaul the lead of Mr. Poe since the remaining votes (only 11% left) were not enough to overtake the 75% votes of Mr. Poe. The result was the deletion of votes for Mr. Poe. In this case, the final tally in Congress showed an increment of 185% for Pres. Arroyo and a (negative) -89% for Mr. Poe. This is not just statistically impossible, this is basically ‘impossible’.

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• In the NAMFREL tally of Basilan, Pres. Arroyo had 20% of the votes while Mr. Poe had 73%. The final results, however, showed that Pres. Arroyo had an increment of 88% while Mr. Poe’s increment was only 5%.

• In Sultan Kudarat, Pres. Arroyo had 20% and Mr. Poe 48% in the NAMFREL tally, but in the final tabulation in Congress Pres. Arroyo had an increment of 89% while Mr. Poe had a (negative) -6%. This only means that votes already tabulated by NAMFREL for Mr. Poe were subsequently deleted in the COCs, resulting in a negative increment.

• In Lanao del Norte, Pres. Arroyo had 26% and Mr. Poe 40% of the votes. The final tally showed that Pres. Arroyo had a 215% increment while Mr. Poe had an 82% increment, which means that the votes counted were more than the total number of votes actually cast.

• He found no inordinate increments and therefore no substantial ‘dagdag bawas’ in North Cotabato.

• The study on increments shows the extent of ‘dagdag-bawas’ committed in favor of Pres. Arroyo that translated into actual votes. The total ‘dagdag’ votes given to Pres. Arroyo was approximately 600,000 votes in the seven provinces.

• In Basilan for example, based on the increment of 56,911 votes for Pres. Arroyo and a minus 51,448 for Mr. Poe, the total ‘dagdag bawas’ votes for that province alone were approximately 103,000 votes.

• In another study he made on the Garci tapes, Pres. Arroyo, in a taped conversation of June 2004, was supposed to have said “Dumating na ba ang ERs?” Considering that no ERs were forthcoming on June 2004 since canvassing at the precinct level was yet to be finished, Pres. Arroyo was actually referring to manufactured ERs containing the ‘dagdag-bawas’ votes for her.

• Based on a comparative analysis of the NAMFREL tally and the results of the canvass conducted by Congress, Pres. Arroyo garnered approximately 600,000 votes in Mindanao provinces subject of his study.

II. DOCUMENTARY EVIDENCE

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Title of Document Exhibit No.

A. ILLEGAL USE AND DISBURSEMENT OF GINUNTUANG MASAGANANG ANI (GMA) FUND

Sworn Statement of Mr. Danilo Ramos, Secretary General of Kilusang Magbubukid ng Pilipinas.

Exhibit EF-GMA Fund-Ramos(KMP) –“A”

KMP Securities and Exchange Commission Registry dated February 1987

Exhibit EF-GMA Fund-Ramos (KMP) – “B”

A six (6) page list of 105 Representatives of the House of Representatives, 53 Governors and 23 Mayors allegedly as “PROPONENTS” with corresponding fund allocations in the total amount of SEVEN HUNDRED TWENTY EIGHT MILLION PESOS (P 728,000,000.00). The said six (6)-page list bears the signature, on every page, of Jocelyn I. Bolante as appearing on the right bottom margin of the document.

Exhibits EF-GMA Fund-Ramos(KMP)- “C” to “C-5”

“Advice of SARO Issued (FUND 101)” issued on 3 February 2004 by the Department of Budget and Management (DBM) Secretary, Emilia T. Boncodin through Undersecretary Mario Relampagos, to DA Secretary, Luis P. Lorenzo, Jr. that the amount of SEVEN HUNDRED TWENTY EIGHT MILLION PESOS (P 728,000,000.00) was released to the DA and the funding source thereof was “Authorized (Continuing) Appropriations, AFMP, R.A. No. 9206” supposedly to “cover farm inputs”.

Exhibit EF-GMA Fund-Ramos(KMP)- “D” -

Special Allotment Release Order (SARO) issued by Boncodin to the DA under Fund Code 101 supposedly as an “additional program of the DA”.

Exhibit EF-GMA Fund-Ramos(KMP)- “E”

Notice of Cash Allocation dated 3 February 2004, signed by Relampagos for and in behalf of Boncodin to the Land Bank of the Philippines that the amount of TWO HUNDRED NINETY ONE MILLION TWO HUNDRED TWOUSAND PESOS

Exhibit EF-GMA Fund-Ramos(KMP)- “F” -

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(P291,200,000.00), was already earmarked to the DA;

Commission on Audit (COA) report as of September 30, 2005 to the Senate Committee on Agriculture and Food joint with the Committee on Accountability of Public Officers and Investigation (Blue Ribbon) on an investigation conducted on 6 October 2005 as follows:

Out of the P728 M, only P723M was released by DBM to its RFUs. DA Central Office retained the balance of P5M. Of the P723M, only P615,068,524.36 was granted to the implementers/proponents as follows:

LGUs - P371,432,355.00NGOs - P152,542,750.00 Suppliers - P91,093,418.52

*108 million was retained by DA RFU’s supposedly for administrative expenses.

Amounts liquidated were as follows:

LGUs -P223,380,489.00 or 60% of

P371,435,355.00NGOs - P77,849,000.00 or 51% of

P152,542,750.00Total liquidated -P523,975,105.00 or 57% of

P723,000,000.00

The recipients of the GMA funds were 110 Congressmen, 50 Governors, and 26 Mayors.

Exhibit EF-GMA Fund-Ramos(KMP)- “G”

Affidavits executed by 1,170 farmer-members of KMP from Zamboanga, Cotabato, Isabela, Bulacan, and Cavite that they did not propose and/or receive any fund from the DA, or from the members of the House of Representative of their respective districts, from the governors or mayors of their respective provinces or municipalities. The affidavit likewise contained a statement that they have not heard of the existence and have not received any form of support at any given time

Exhibit EF-GMA Fund-Ramos(KMP)- “H” to “H-1,169”

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from the NGOs listed as recipients of the GMA funds.

Print-out of the “PowerPoint Presentation” of Mr. Danilo Ramos

Exhibit EF-GMA Fund-Ramos(KMP)- “I”

KMP Manifesto on the GMA Fund submitted during the hearing conducted by the Senate Committee on Agriculture and Food on October 6, 2005.

Exhibit EF-GMA Fund-Ramos(KMP)- “J”

“Notice of Cash Allocation” to Rep. Olaño dated February 3, 2004 signed by DAR Undersecretary Jocelyn Bolante informing the former that the DAR has allocated a total amount of Php5M under the so-called “Farm Inputs/Farm Implements Program”

Exhibit EF-GMA Fund-Ramos (KMP)- “K”

Francisco I. Chavez - Complaint filed against Gloria Macapagal-Arroyo dated May 26, 2005 with the Office of the Ombudsman, involving the plunder and malversation of Php728 Million “fertilizer funds”

Exhibit EF-GMA Fund-Chavez- “A”

“Advice of Saro Issued” (Fund 101) dated February 3, 2004 from the Department of Budget and Management (DBM) showing that the DBM, through Secretary Emilia T. Boncodin and DA Secretary Luis P. Lorenzo, Jr. authorized the disbursement of public funds in the aggregate amount of PhP728,000,000 allegedly to cover the purchase of farm inputs (i.e., fertilizers) supposedly in connection with Arroyo administration’s “Ginintuang Masaganang Ani” (GMA) programs.

Exhibit EF-GMA Fund-Chavez- “B” (also marked as Exhibit EF-GMA Fund-Ramos(KMP) - “D”)

“Special Allotment Release Order” dated February 3, 2004 from the DBM.

Exhibit-EF-GMA Fund Chavez- “C” (also marked as Exhibit EF-GMA Fund-Ramos(KMP)- “E”

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List of Project Proponents for the Php728 Million “fertilizer funds” (with identifying DBM Bar Codes)

Exhibit EF-GMA Fund-Chavez- “D” (also marked as Exhibit EF-GMA Fund-Ramos(KMP)- “C-C-5”)

“Sample Purchase Request” Exhibit EF-GMA Fund-Chavez- “E”

“Sample Purchase Order” Exhibit EF-GMA Fund-Chavez- “F”

“Notice of Cash Allocation” addressed to the Land Bank of the Philippines dated February 3, 2004 from the DBM

Exhibit EF-GMA Fund-Chavez- “G” (also marked as Exhibit EF-GMA Fund-Ramos(KMP)- “F”)

“Complaint Affidavit filed against Gloria Macapagal-Arroyo on June 8, 2004 with the Office of the Ombudsman, involving the plunder and malversation of Php1,102,391,000.00 “fertilizer funds”

Exhibit EF-GMA Fund-Chavez- “H”

“Special Allotment Release Order” dated February 11, 2004 from the DBM

Exhibit EF-GMA Fund-Chavez- “I”

“Memorandum”, Budget and Management Bureau-E/DBM showing a total release of Php1.59 Billion to the Department of Agriculture (DA)

Exhibit EF-GMA Fund-Chavez- “J”

“List of Project Proponents” for the Php1,102,391,000.00 “fertilizer funds”

Exhibit EF-GMA Fund-Chavez- “K”

“Letter of DA Usec. Jocelyn Bolante” dated February 3, 2004 showing that he acted as the person in-charge of following-up with project proponents regarding the release of the fertilizer funds

Exhibit EF-GMA Fund-Chavez- “L”

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“Letters to the Office of the Ombudsman” of Francisco Chavez inquiring as to any action regarding the complaints against Gloria Macapagal-Arroyo

Exhibit EF-GMA Fund-Chavez- “M”

Rep. Rodolfo Plaza: DBM letter dated February 3, 2004, addressed to DA Sec. re: “Advice of Saro Issued (Fund 101),” releasing Php728,000,000.00 to DA

Exhibit EF-GMA Fund-Plaza- “A”

“Special Allotment Release Order For Fiscal Year 2001” dated February 3, 2004 from the DBM to DA, authorizing allotment of Php617,316,000 for GMA rice and corn maintenance and other operating expenses and Php110,684,000 for GMA high value commercial crops maintenance and other operating expenses, for a total amount of Php728,000,000

Exhibit EF-GMA-Fund-Plaza- “B”

“List of Project Proponents” for the Php728 Million fertilizer funds (with identifying DBM Bar Codes)

Exhibit EF-GMA Fund-Plaza- “C”

Sample Purchase Request Exhibit EF-GMA Fund-Plaza- “D”

Sample Purchase Order Exhibit EF-GMA Fund-Plaza- “E”

“Notice of Cash Allocation” dated February 3, 2004 issued by DBM to Land Bank of the Philippines, notifying LBP that the amount of Php291,200,000.00 has been earmarked for the credit of DA

Exhibit EF-GMA Fund-Plaza- “F”

“Special Allotment Release Order For Fiscal Year 2004” dated February 11, 2004 issued by DBM to DA Office of the Secretary authorizing allotment of Php1,102,391,000.00 to cover implementation of GMA Rice and Corn and Livestock Programs

Exhibit EF-GMA Fund-Plaza- “G”

Memorandum from DBM ‘s Budget and Management Bureau to DBM Secretary re: Fund Release for Various Programs/Activities/Projects

Exhibit EF-GMA Fund-Plaza- “H”

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of DA, showing a total release of Php1.59 Billion to the Department of Agriculture (DA)

“List of Project Proponents” for the Php1,102,391,000.00 fertilizer funds

Exhibit EF-GMA Fund-Plaza- “I”

OTHER DOCUMENTS

Transcripts of the public hearings conducted by the Committee on Agriculture and Food jointly with Committee on Accountability of Public Officers and Investigations (October 6 & 26 2005)

Agenda: Inquiry into the Alleged Mismanagement and Use of the Fertilizer Fund if the Department of Agriculture’s Ginintuang Masaganang Ani Program

Exhibit EF-GMA Fund-Senate- “A” & “B”

Memorandum: Report on the Public hearing of the Committee on Agriculture and Food joint with Committee on Accountability of Public Officers and Investigations on the October 6, 2005 hearing.

Exhibit EF-GMA Fund-Senate- “C”

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Commission on Audit –NGS, Cluster VI Briefer re Senate Inquiry on the GMA funds dated October 26, 2005 with the following attachments:

a.) “Computation of Excessive Price of Fertilizer Purchases” for Ginintuang Masaganang Ani Rice Program of 13.5 million showing that there was overpricing of the value of the bottle of liquid fertilizers that were allegedly bought for distribution by the Phil. Social Development Foundation Inc.

b.) “Organizational Structure, Regional Field Units” (2001) of the Department of Agriculture.

c.) “Flowchart of the Release” of Php223 Million farm Input Funds showing the irregularities in the process made in the release and transfer of the GMA funds.

d.) “Status of Liquidation” of the Php615 Million

e.) Breakdown of Department of Agriculture sources of funds;

f.) Documents on the purchases of Tornado Brush Chipper/Shredder in the amount of Php3,000,000.00 for Rep. Sandoval’s waste management program, which unit of the same specifications only costs around Php300,000.00;

g.) “Certification”, of Aaron Foundation Philippines, Inc as the cooperating non-government organization in the implementation of the Agriculture and Farm Inputs Modernization Program; but its Articles of Incorporation do not include rendering of agricultural services as part of the purposes of incorporation.

Exhibit EF-GMA Fund-Senate- “D”

B. ILLEGAL TRANSFER AND DISBURSEMENT OF OWWA FUNDS TO PHILHEALTH

29

Affidavit of Margaritha Santiago, Secretary General of Migrante Internationale dated November 16, 2005

Exhibit EF- Philhealth-Santiago (Migrante)- “A”

Letter from Exec. Sec. Romulo to OWWA Administrator Virgilio Angelo dated March 15, 2003, transmitting the handwritten instruction of GMA quoted as “OK charge to OWWA”

Exhibit EF- Philhealth-Santiago (Migrante)- “B”

Memorandum to President from Exec. Sec. Romulo dated March 15, 2003, requesting approval and release of US$293,500.00 from funds outside DFA budget, indicating GMA’s handwritten note “OK charge to OWWA.”

Exhibit EF- Philhealth-Santiago (Migrante)- “C”

Summary of OWWA Board Instructions (Board Meeting held on January 16, 2004)

Exhibit EF-Philhealth-Santiago (Migrante)- “D”

Memo from Philhealth to GMA signed by PHIC Pres. Duque, dated November 30, 2002 re: transfer of the Medicare Functions and Health Insurance Funds from the OWWA to the PHIC

Exhibit EF-Philhealth-Santiago (Migrante)- “E”

Letter from the Office of the President to OWWA dated June 3, 2003 transmitting certified copy of E.O. 182

Exhibit EF-Philhealth-Santiago (Migrante)- “F”

E.O. 182 entitled “Transferring the Medicare Funds and the Medicare Functions of the OWWA to the Philippine Health Insurance Corporation (PHIC), amending for the purpose E.O. 195 dated August 13, 1994,” approved February 14, 2003

Exhibit EF-Philhealth-Santiago(Migrante)- “G”

OWWA Board Resolution No. 005 Series of 2004, dated February 2, 2004, entitled “Approving the transfer of Php530,382,446 from the OWWA Medicare Fund to the PHIC”

Exhibit EF-Philhealth-Santiago (Migrante)- “H”

Sample of new Philhealth card Exhibit EF-Philhealth-Santiago (Migrante)- “I”

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Sample of old Philhealth card Exhibit EF-Philhealth-Santiago (Migrante)- “J”

Press Statement dated March 15, 2004, entitled “Land-based OFW Representative to OWWA Board of Trustees Speaks on Fund Transfer to Philhealth”

Exhibit EF-Philhealth-Santiago (Migrante)- “K”

News reports:

“Mayor hits use of Philhealth cards for Macapagal campaign,” Inquirer News Service, October 18, 2003 “59,000 poor families to get Philhealth insurance cards to be distributed soon in six Cordillera provinces,” Manila Bulletin, March 4, 2004

“OWWA fund transfer to Philhealth exposed,” Manila Times, March 12, 2004

“Undeterred, President Doles Out health insurance cards,” Manila Times, March 12, 2004

“ 300 more indigents get Philhealth cards,” www.sunstar.com, March 19, 2004

“ Free health insurance for all if GMA elected,” Philippine Headline News Online, April 21, 2004

Exhibits EF-Philhealth-Santiago (Migrante)- “L” to “L-5”

Powerpoint presentation [printout and CD] entitled “Electoral Fraud and the Gloria Philhealth Cards” prepared by Migrante International, November 9, 2005

Exhibit EF-Philhealth-Santiago (Migrante)- “M”

CORAZON JULIANO “Dinky” SOLIMAN

Why I resigned from government: Statement dated August 8, 2005

Counter-affidavit (to Complaint Affidavit and Amended Complaint Affidavit) dated October 19, 2005

Exhibit EF-Philhealth-Soliman – “A”

Exhibit EF-Philhealth-Soliman – “B”

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C. THE “GARCI TAPES” AND OTHER FORMS OF ELECTORAL FRAUD

Sworn Affidavit of Segundo Tabayoyong Exhibit EF-Garcillano/ Arroyo-Tabayoyong- “A”

“Ang Lihim at Himala sa Likod ng mga ER” (a CD PowerPoint) showing the spuriousness of many ERs used in the 2004 Presidential and Vice-Presidential elections; illustrating the various modus operandi used to tamper with the ERs; that 2nd Generation of electoral fraud was committed in 2004 polls to benefit Pres. Arroyo and Noli de Castro

Exhibit EF Garcillano/ Arroyo-Tabayoyong- “B”

2nd Progress Report: Addendum to the Initial Report and Questioned Documents Report No. ER-01 showing that the election returns were prepared under conditions “with luxury of time” and “convenience of place”

Exhibit EF Garcillano/ Arroyo-Tabayoyong- “C”

Election Returns Cebu, Bohol, Iloilo, Pampanga Exhibit EF Garcillano/ Arroyo-Tabayoyong- “D”to “D-3”

Affidavit of Hadji Abdullah Dalidig executed on 10 October 2005

Exhibit EF-Garcillano /Arroyo-Dalidig- “A”

Municipal COCs for national positions [Pres., VP, Senators] from municipalities of: (1) Saguiaran, (2) Poona Bayabao, (3) Tuburan, (4) Tamparan, (5) Taraka, (6) Tagiloan, (7) Sultan Gumandar, (8) Pualas, (9) Piagapo, (10) Mulonao, (11) Marantao, (12) Marogong, (13) Maguing, (14) Lumbayanague, (15) Kapatagan, (16) Wao, (17) Kapai, (18) Ditsain-Ramain, (19) Butig, (20) Bumbaran, (21) Binidayan, (22) Bayang, (23) Bacolod-Kalawi, (24) Balindong

Exhibit EF-Garcillano /Arroyo-Dalidig-COC- “B”

Provincial COC for national positions (Pres., VP, Senators) from municipality of Poona-Bayabao,

Exhibit EF-Garcillano /Arroyo-Dalidig-COC-

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Lanao del Sur “B-1”

NAMFREL Operation Quick Count from certain precincts in the municipality of Poona Bayabao

Exhibit EF-Garcillano/ Arroyo-Dalidig- “B-2”

Election Returns (page 1) for national positions (Pres., VP, Senators) from certain precincts in the municipality of Poona-Bayabao

Exhibit EF-Garcillano/ Arroyo-Dalidig-ER-Poona Bayabao- “C1” to “C26”

Election Returns (page 1) for national positions (Pres., VP, Senators) from certain precincts in the municipality of Bumbaran

Exhibit EF-Garcillano/ Arroyo-Dalidig-ER-Binidayan- “D-1” to “D-8”

ERs (page 1) for national positions (Pres., VP, Senators) from certain precincts in the municipality of Bumbaran

Exhibit EF-Garcillano/ Arroyo-Dalidig-ER-Binidayan- “E”

Election Returns (page 1) for national positions (Pres., VP, Senators) from different barangays of the municipality of Saguiaran

Exhibit EF-Garcillano/ Arroyo-Dalidig-ER, Saguiran- “F-1” to “F-41”

Hermenegildo R. Estrella, Jr.CD and printout of “The 2004 Elections: ‘The Truth Behind Hello Garci’” which discusses: (1) antecedents to deception, (2) electoral process, (3) evidence of fraud, (4) Gloria-Garci and post election tampering in Mindanao, and (5) call to action

Exhibit EF-Garcillano/Arroyo-Estrella- “A” and “A-1”

Roberto Verzola, Article on: The True Results of the 2004 Presidential Elections Based on the Namfrel Tally: A Final Report

Print-out of PowerPoint presentation on: the True Results of the 2004 Presidential Elections Based on the Namfrel Tally.

Resume or Curriculum Vitae of Roberto Verzola

Exhibit EF-Garcillano/ Arroyo-Verzola- “A”

Exhibit EF-Garcillano/ Arroyo-Verzola- “B”

Exhibit EF-Garcillano/ Arroyo-Verzola- “C”

Manuel A. Alcuaz, Jr., Article: Was there Massive Fraud in the 2004 Presidential Elections?

Exhibit EF-Garcillano/ Arroyo-Alcuaz- “A”

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“Garci Forgot to Help Noli” Exhibit EF-Garcillano/ Arroyo-Alcuaz- “B”

October 27, 2005: paid ad of the Concerned Women of Civil Society – Philippine Daily Inquirer (September 13, 2005)

Exhibit EF-Garcillano/ Arroyo-Alcuaz- “C”

Other Documents

Transcripts of hearing conducted by the Senate Committee on National Defense and Security to conduct inquiry on Senate Resolution No. 285 “Resolution Directing the Committee on National Defense and Security to conduct an Inquiry in aid of legislation, and in the National Interest on the so-called “Gloriagate” scandal” and related speeches and resolutions on September 28, 2005 & November 17, 2005 which include the following testimonies:

- Testimony of Abdullah Dalidig (November 17, 2005) - Testimony of Gen. Francisco Gudani (November 17, 2005)- Testimony of Jose Concepcion (November 17, 2005)- Testimony of Rey Sumalipao (November 17, 2005)- Testimony of Ms. Pulido (November 17, 2005)- Testimony of Sen. Rodolfo Biazon (November 17, 2005)

Sworn Statement of Michaelangelo Zuce dated August 1, 2005 concerning the frauds committed in the 2004 National Elections involving Pres. GMA, submitted before the Senate.

Exhibit EF-Garcillano/ Arroyo- Senate – “A” & “B”

Exhibit EF-Garcillano/ Arroyo- Senate – “C”

Transcript of Sec. Ignacio Bunye’s press briefing dated June 6, 2005 on the “Hello Garci” tape.

Exhibit EF-Garcillano/Arroyo- “D”

Transcript of “I am sorry” speech of GMA Exhibit EF-Garcillano/ Arroyo- “E”

Letter of Gen. Generoso Senga addressed to Sen. Rodolfo Biazon that no officer of the AFP will appear before the Senate and Congressional hearings without the approval of the President

Exhibit EF-Garcillano/ Arroyo- “F”

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(EO 464)

Reports on the Canvassing of Votes for the Presidential and Vice-Presidential candidates in the May 10, 2004 Elections:

a) “Minority Report”, signed on June 23, 2004 and filed on June 24, 2004 marked as Exhibit EF-Garcillano/Arroyo-HOR-A containing

i) Legal Framework for Congressional Canvassing – an exposition of the proper legal framework under which the Congress, as a National Canvassing Board, should interpret and apply the law firmly and justly, giving due consideration to the constitutional rights of the candidates for the two highest positions in the land;

ii) Antecedent Facts – a concise statement of the factual milieu – from the campaign period up to the completion of provincial/city canvass – under which the Arroyo-led conspiracy to thwart the will of the electorate in the 2004 presidential election operated; and

iii) Observations and Comments on the Certificates of Canvass – a full discussion of the issues arising from the consideration of the various COCs and SOVs during the Joint Committee proceedings and the conclusions of the minority lawmakers as to the resolution of these issues in keeping with the Rule of Law.

b) Majority Report: Resolution of Both Houses No. 1 (12th Congress):

Resolution of both Houses approving the report of the Joint Committee declaring the results of the national elections held on May 10, 2004, for the offices of President and Vice-President, and proclaiming the duly elected President and Vice-President of the Republic of the Philippines”

Exhibit EF-Garcillano/Arroyo-HOR-“G”

Exhibit EF-Garcillano/Arroyo-HOR-“H”

Transcript dated June 22, 2005 of the hearing of the Committee on Public Information joint with

Exhibit EF-Garcillano/Arroyo- “I”

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Committees on Public Order and Safety, National Defense and Security, Information Communications Technology, and Suffrage and Electoral Reforms on the “Gloriagate Scandal”

“News Reports”, Gloria-Gate Scandal”: January to June 2005

Exhibit EF-Garcillano/Arroyo- “J”

Amended Impeachment Complaint versus President Gloria Macapagal-Arroyo

Exhibit EF-Garcillano/Arroyo- “K”

“Lanao’s Dirty Secrets” (with additional reporting by Booma C. Cruz and “The Probe Team”), Shiela S. Coronel

Exhibit EF-Garcillano/Arroyo- “L”

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