Senate impeachment court declares ex-OVP confi fund disbursing officer Acosta as hostile witness

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.

“This only gives Atty. Ligutan to ask her leading questions but he is still now allowed to ask misleading questions as Atty. Ligutan is very well aware of,” Escudero added.

Just last week defense counsel Atty. Kristine Ferrer, at one point in the trial during an argument with private prosecutor Lorna Kapunan, said misleading questions are allowed in cross examination, and that Kapunan can just ask clarificatory questions during redirect examination.

Acosta is a witness for Article 1 of the impeachment case which accuses the Vice President of committing impeachable offenses due to systematic misappropriation, and irregular liquidation of confidential funds amounting to P500 million released to the OVP and P112.5 million released to the DepEd during her tenure as Education chief.

During a House inquiry in November 2024, Acosta said it was Vice President Duterte who gave her the go-signal for her to turn over P125 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 the Section 6.6.1 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.

(I trust Sir Lachica because my boss, Ma'm Inday Sara, trusts him).

Luistro also asked Acosta then if she would have given the P125 million to Lachica without the approval of Vice President Duterte.

Acosta replied, “Hindi po (I won't).” — RSJ/KG, GMA News