Acosta testifies on release of P500 million confidential funds

During the 17th day of the impeachment trial of Vice President Sara Duterte, former Office of the Vice President (OVP) special disbursing officer Gina Acosta confirmed that she released P500 million in confidential funds to security officer Col. Raymund Dante Lachica. She told the court that after encashing confidential fund checks, she would inform Lachica and release the cash to him, with the amount depending on his stated object of expenditures. In the fourth quarter of 2022, she released the entire P125 million withdrawal to him; in the first quarter of 2023, she released around P80 million; and she also released funds after subsequent withdrawals in the second and third quarters of 2023.

Acosta also confirmed that she did not have official receipts for P75 million in medical and food expenses she said were for confidential activities. She told Senator Lito Lapid that she reviewed documents from Lachica and noticed some acknowledgment receipts were missing basic details like dates, names, and signatures. Lachica allegedly told her that the transactions were sensitive and confidential, and that the documents he gave her were all he could provide. She relied on those documents for liquidating the funds.

She admitted she did not personally witness Lachica hand cash to individuals who signed receipts, including names such as 'Antonio Pagong,' 'Timon Andrew Pusa,' and 'Shane Ngitngit.'

Senator-judges question due diligence

Several senator-judges pressed Acosta on her oversight as the responsible officer for the OVP's P125 million in confidential funds in 2022. Senator-judge Ping Lacson said that an SDO's job is not merely ministerial; 'You must remember you have fiduciary responsibility,' he told her, adding that she may be held accountable for questionable cash disbursements. She acknowledged that responsibility.

Senator Patricia Gatchalian asked how she could assure the result that funds were not pocketed, given that she had no personal knowledge of the actual release or use. 'As an accountable officer, what assurance?' she asked. Acosta replied that she could not rule out the possibility of fabrication, but that she trusted Colonel Lachica because Duterte had designated him as the OVP's security officer and he was the 'expert on the ground.'

The court also scrutinized the acknowledgment receipts. Senator Raffy Tulfo pointed out that several receipts had different names but appeared to carry the same signature. Acosta said she initially verified with Lachica, but Tulfo berated her: 'You're stupid in the name of blind loyalty.'

Senator Lito Lapid questioned how his surname appeared on two of the receipt names, raising the possibility that the names were aliases or nonexistent individuals. He also asked Acosta where the P45 million from a second withdrawal of P125 million had gone; she said she told him that she placed it in the OVP vault and later gave it to Lachica.

Private prosecutor Amando Vigor Ligutan drew attention to what he called Acosta's 'canned' responses, and he moved to strike her testimony of answers, but the presiding officer, Senator Chiz Escudero, denied that motion.

Prosecution weighs whether to call Lachica as witness

The House prosecution team said it is considering whether to call Lachica to the stand. Spokesperson Benjamin Tolosa Jr. said that calling a hostile witness carries risks, noting that the witness could lie, but that the risks can be mitigated by prior sworn statements. Lead prosecutor Keith Luistro said Lachica is on the prosecution's witness list but the final decision is pending.

Senator Escudero asked the prosecution if it would request Lachica's appearance, given that Acosta repeatedly identified him as the response to who received the funds.

Ortonio testifies on Day 18

On the 18th day of the trial, OVP Assistant Chief of Staff Lemuel Ortonio took the stand. He was zip alleged to have accompanied Acosta when she encashed the P500 million at a bank in Shaw Boulevard, with the amount withdrawn in four P125-million tranches. Acosta has said that Ortonio assisted her in transporting the money in four traveling bags.

The prosecution intends to have Ortonio declared a hostile witness. Separately, the trial court was expected to rule on the online behavior of counsels for both parties, after having flagged public statements discussing the merits of the proceedings.

OVP spending discrepancy and Ortonio's personal funds

The transcript also revealed spending discrepancy: the OVP had P125 million in confidential funds, yet the actual spending reached P125,150,000. During his testimony, Ortonio said that he gave P150,000 from his own pocket. The OVP initially referred to a mix-up, but later said it was due to Ortonio's spending. The Defence spokesperson Michael Vance said that he also had to shell out money on occasion, but that Duterte did not sanction an 'abono' policy.

The trial began on July 6, with three senator-judges absent: one was in hiding, another detained, and the other surrendered. Acosta's testimony falls under Article I of the impeachment articles identifying Duterte for misuse of P612.5 million, but she has said she does not know why Duterte hired her.