EXPLAINER: What is a hostile witness?
The Senate impeachment court has declared a witness presented by the House prosecution panel in the impeachment trial of Vice President Sara Duterte a hostile witness.
The Senate impeachment court has declared a witness presented by the House prosecution panel in the impeachment trial of Vice President Sara Duterte a hostile witness.
Former Office of the Vice President (OVP) Special Disbursing Officer Gina Acosta on Monday said that she released P500 million of confidential funds in 2022 and 2023 to Colonel Raymund Lachica on the orders of Vice President Sara Duterte, as well as Lachica’s expertise on security matters even if existing guidelines do not allow it.
During the direct examination of private prosecutor Amando Ligutan, Acosta confirmed her November 2024 testimony before the House panel inquiry that it was the Vice President who asked her to disburse the P125-million confidential funds to Lachica.
The Office of the Vice President (OVP) did not have target accomplishments for the disbursement of its ?125-million confidential fund received on December 21, 2022, an OVP official said Monday.
Gina Acosta, former OVP special disbursement officer and current vice presidential staff officer, made the testimony as a hostile witness for the prosecution during Day 16 of the impeachment trial of Vice President Sara Duterte.
Acosta made the disclosure after private prosecutor Amando Ligutan asked her to confirm what was stated in the OVP’s Physical and Financial Plan for 2022 that there were no physical targets set for the number of identified areas with surveillance conducted and monitored as well as percentage of activities implemented without untoward security-related incidents.
“Wala pong specific mention ng specific number, location, or cost ng mga sinasabi niyong surveillance operations at wala ring specific targets nakasulat sa plano for each of the program activities…Tama po ba?," Ligutan asked.
(There was no specific mention of a specific number, location, or cost of surveillance operations, and no specific targets written in the plan for each of the program activities. Is this correct?)
“Wala po, Your Honor. Kasi plano pa lang po,” Acosta told the impeachment court.
(None, Your Honor. Because it was still a plan.)
Ligutan asked the question because Joint Circular 2015-01 which governs the use of confidential and intelligence funds (CIF) requires that the purpose of the CIF spending should be based on the agency’s Physical and Financial Plan.
Ligutan then pressed Acosta if there is an actual number or percentage of target accomplishments for the confidential fund spending, which prompted Acosta to reply, “Wala pa kasi kalalabas lang ng SARO (None yet because the SARO was just released).”
She was referring to Special Allotment Release Order that is issued by the Department of Budget and Management prior to the releasing of fund to the receiving agency.
During a House inquiry back in November 2024, Acosta said it was Duterte who gave her the go-signal for her to turn over ?125 million in confidential funds of the OVP in 2022 to Colonel Raymund Lachica, the commanding officer of the Vice Presidential Security and Protection Group.
This delegation is contrary to Section 6.6.1 of Joint Circular 2015-01 which provides that “Cash advances for confidential or intelligence fund should be drawn by duly designated and bonded SDOs or head of agency for the implementation of a program, activity, and project chargeable to the corresponding confidential or intelligence fund of the agency, upon approval of the head of agency” and that “under no circumstance shall it be used for liquidation of the previous cash advance or be transferred from one accountable [officer] to another.”
“May approval po kay Ma'am Inday Sara (There's an approval from Ma'am Inday Sara),” Acosta replied when asked by House justice panel chairperson and Batangas lawmaker Gerville Luistro what prompted her to give the huge amount to Lachica.
“I trust Sir Lachica po kasi tina-trust po siya ng aking head of [OVP] office na si Ma'm Inday Sara [Duterte],” Acosta added, referring to the Vice President.
Tree planting, Libreng Sakay for good governance
Likewise, Acosta also testified that she considered tree planting, Libreng Sakay, financial and medical assistance as part of good governance program as reflected in the accomplishment report that the OVP submitted to state auditors for liquidation purposes.
Acosta admitted that these items stated in the accomplishment report are not stated in the Physical and Financial Plan required for the disbursement of confidential funds, but argued that it was because the PFP requires “generic” description.
“Ang accomplishment po, actual. Generic po ang sa Physical and Financial plan, Your Honor,” Acosta said.
(The accomplishment [report] requires actual [results] as against the generic requirement of the Physical and Financial plan, Your Honor.)
Asked if the OVP’s Physical and Financial plan was approved by Duterte, Acosta answered, “Yes, Your Honor.” —Llanesca T. Panti/KG, GMA News
Private prosecutor Lorna Kapunan and defense counsel Kristine Ferrer were seemingly warming up to each other after a tense exchange during the impeachment trial of Vice President Sara Duterte last week.
Before the trial resumed on Monday, August 17, Kapunan was seen going to the side of the defense panel and approached Ferrer.
The two lawyers then hugged each other, with Ferrer seen all smiles.
Kapunan also hugged defense team spokesperson Atty. Michael Poa.
Malacañang on Monday said it could not confirm reports that Vice President Sara Duterte had allegedly sought a “private meeting” with President Ferdinand Marcos Jr.
“Wala po tayong makukumpirma patungkol diyan dahil wala namang binababa sa ating anumang impormasyon kung mayroon ngang ganyang kaganapan. Sa ngayon, wala tayong makukumpirma,” Palace Press Officer Claire Castro said in a briefing.
Senator-Judge Erwin Tulfo on Monday asked the Senate impeachment court to compel former Office of the Vice President (OVP) special disbursing officer Gina Acosta, who has been answering in Bisaya during the impeachment trial of Vice President Sara Duterte, to speak in Filipino instead.
In his manifestation, Tulfo said he has a copy of the transcript of the House committee hearings in 2024 where Acosta was able to speak in Filipino when questioned by House members.
“Hindi ko po maintindihan bakit parang dito hirap na hirap siya mag-Tagalog when in fact sa Congress po nu'ng November, Tagalog naman po ang sagot niya,” Tulfo said.
(I can’t understand why she seems to be struggling to speak in Tagalog here when in fact, in Congress in November, her answers were in Tagalog.)
“Tama na po itong panloloko sa atin. Please, Mr. President, compel this witness to talk in Tagalog. Kahit ang mga Bisaya nakakaintindi ng Tagalog, nakakasalita ng Tagalog. Ano tayo, sa ibang bansa? Ano tayo, mga Hapon, mga Chinese?”
(Stop fooling us. Please, Mr. President, compel this witness to talk in Tagalog. Even the Bisaya understand Tagalog, they can speak Tagalog. What do we do in other countries, do we speak Japanese or Chinese?)
Tulfo also told Acosta that he knows she can understand and speak in Filipino based on the transcripts, and thus there is no need to translate her Bisaya remarks and prolong the trial.
Senate impeachment court presiding officer Francis Escudero then asked House private prosecutor Amando Ligutan to choose one language---either English or Filipino---in asking the witness in order to abbreviate the proceedings.
“Preferably use Filipino, Atty. Ligutan, as I’m sure you’re well versed with it as well. Para mas maunawaan ni Ms. Gina (so Ms. Gina can better understand),” Escudero said.
The Senate impeachment court is continuing on Monday hearing Article I of the Articles of Impeachment against Duterte, regarding her alleged misuse of the confidential funds of the OVP and the Department of Education during her term as Education secretary. —Giselle Ombay/KG, GMA News
The Senate impeachment court on Monday immediately dismissed House of Representatives Legislative Information Resources Management Department director Marivic Pareja after the defense panel stipulated to all documents presented by the House prosecution team.
On the 16th day of the impeachment trial of Vice President Sara Duterte, House Prosecutor and Cagayan de Oro 1st District Representataive Lordan Suan presented the following documents received by the House Legislative Archives and Museum Management Service for storage and custody, as transmitted by the House Committee on Good Government and Public Accountability (CGGPA) relative to its hearings from September 18 to December 9, 2024:
• Letter of Vice President Sara Z. Duterte to Hon. Joel R. Chua, Chairperson, CGGPA, dated September 23, 2024
• Letter of Atty. Zuleika T. Lopez, Undersecretary and Chief of Staff, OVP, to Hon. Joel R. Chua, Chairperson, CGGPA, dated October 7, 2024
• Letter of Edward D. Fajarda to Hon. Joel R. Chua, Chairperson, CGGPA, dated October 7, 2024
• Letter of Atty. Rosalynne L. Sanchez, Director, Administrative and Financial Services Office, OVP, to Hon. Joel. R. Chua, Chairperson, CGGPA, dated October 7, 2024
• Letter of Lemuel G. Ortonio, Assistant Secretary, OVP, to Hon. Joel R. Chua, Chairperson, CGGPA, dated October 7, 2024
• Position paper of Atty. Lopez et al, dated November 5, 2024
• Position paper of OVP Employees, dated November 5, 2024
• Letter of Gina Acosta, Sunshine Charry A. Fajarda, and Eduard D. Fajarada to Hon. Joel R. Chua, Chairperson CGGPA, dated November 12, 2024, regarding their failure to attend the CGGPA inquiry hearings
• Letter of Atty. Lopez to Hon. Joel R. Chua, Chairperson, CGGPA, dated November 24, 2024
• Letter of Gamallel A. Cordoba, Chairperson, COA, with subject: Compliance with Subpoena Duces Tecum dated August 16, 2024, addressed to Hon. Elizaldy S. Co, Chairperson, Committee on Appropriations, dated August 21, 2024
• Letter of Atty. Lopez to Gamallel A. Cordoba, Chairperson, COA, dated August 21, 2024
The Senate impeachment court has declared Gina Acosta, former special disbursing officer of the Office of the Vice President (OVP) Sara Duterte, as a hostile witness.
Senate impeachment court Presiding Officer Francis Escudero made the ruling after Acosta answered yes when Escudero asked if she will lose her job at the OVP in the event the Vice President is impeached or removed from office, given that her employment is co-terminus with the tenure of the Vice President.
“Wala na po ako sa OVP [kung wala na sa OVP si VP Sara],” Acosta said.
(I would not be working in OVP if the VP Sara is not the Vice President anymore.)
Escudero also recognized the argument put forward by private prosecutor Amando Ligutan that Acosta, in a counter-affidavit submitted before the Office of the Ombudsman in connection to pending criminal complaints lodged against her with regards to the OVP’s use of confidential fund, said that Vice President did not misuse any confidential fund which is contrary to the prosecution’s case .
“The court declares Ms. Acosta to be a hostile witness under Rule 132 Section 13 [of the Revised Rules of Evidence],” Escudero said.
The House prosecution panel is expected to present an official from the House of Representatives this Monday, August 17 to testify on the alleged misuse of Vice President Sara Duterte’s confidential funds.
Last week, the Senate impeachment court issued anew a subpoena for House of Representatives Legislative Information Resources Management Department director Marivic Pareja as well as two former disbursing officers of the Office of the Vice President (OVP) and the Department of Education (DepEd).
Following Pareja, former OVP SDO Gina Acosta and ex-DepEd SDO Edward Fajarda are expected to testify.
The Senate also issued a subpoena for OVP Assistant Chief of Staff Lemuel Ortonio.
This is in relation to the Article 1 of the impeachment case against Vice President Sara Duterte which alleged her misuse of P612.5 million in confidential funds—P500 million from the OVP, and P112.5 million from the DepEd.
Aside from this, Presiding Judge Francis “Chiz” Escudero is expected to make a ruling or order regarding the statements the parties make on social media.
To recall, last week, Duterte’s lead counsel Sheila Sison condemned a social media post made by private prosecutor Armando Ligutan regarding misleading questions while the impeachment trial was ongoing.
In an ambush interview, Ligutan said that his intentions were not malicious.
Escudero said Ligutan will be heard prior to the court’s ruling on the matter. —Joahna Lei Casilao/KG, GMA News