MANILA — House lead prosecutor Batangas Rep. Gerville “Jinky Bitrics” Luistro said the testimony of Office of the Vice President (OVP) Assistant Secretary and Assistant Chief of Staff Lemuel Ortonio strengthened the prosecution’s evidence of alleged irregularities in the handling of Vice President Sara Duterte’s confidential funds.

Ortonio, Duterte’s longtime aide, testified as the prosecution’s second hostile witness in the impeachment trial after former OVP special disbursing officer Gina Acosta.

“I would say na very material ang naging testimonya ni Mr. Ortonio because first and foremost, na-bolster niya, na-highlight niya, na-emphasize niya ’yung mga irregularities with respect to the supposed compliance in the Joint Circular 2015-01,” Luistro said.

She said Ortonio’s testimony covered the alleged irregularities from the request for confidential funds through their disbursement, use and liquidation under Joint Circular No. 2015-01, which governs the release, use, reporting and audit of confidential and intelligence funds.

Among the issues raised was the OVP’s initial request for P250 million in confidential funds in August 2022.

Ortonio confirmed that Duterte signed the Aug. 22, 2022 request to the Department of Budget and Management (DBM), despite the absence of a computation, projection, Physical and Financial Plan (PFP) or other supporting attachment.

The DBM requested supporting documents on Sept. 15. The OVP’s PFP was approved the following day and transmitted to the DBM on Sept. 19, weeks after the initial request was made.

The OVP eventually received P125 million in December 2022, or half of the amount it sought, and reported spending the entire amount from Dec. 21 to 31. Three more P125-million tranches were subsequently released in 2023, bringing the OVP’s confidential funds to P500 million.

Ortonio also testified on Duterte’s role in approving and liquidating the funds. He confirmed that Duterte signed disbursement vouchers, liquidation reports and certifications related to the confidential fund transactions.

Luistro said another significant aspect of Ortonio’s testimony was his confirmation that Duterte authorized him to exercise administrative and financial supervision over the funds.

“Another important thing that was highlighted today is the fact that Mr. Ortonio was authorized by the head of agency to conduct the overall supervision, and to be specific, he went on saying administrative and financial supervision,” Luistro said.

When questioned by impeachment court Presiding Officer Sen. Francis “Chiz” Escudero, Ortonio also confirmed Duterte’s knowledge of the confidential fund operations.

“Based on my understanding, sir, and based on what I know, sir, yes, the Vice President knows about the confidential activities and how it is being implemented,” Ortonio testified.

Asked whether he had acted on matters involving the confidential funds, including responses to audit findings, without Duterte’s knowledge or authorization, he replied: “None, Your Honor.”

Ortonio further testified that he signed the checks and accompanied Acosta when the confidential funds were encashed.

Acosta had earlier testified that she turned over four P125-million tranches to then-Vice-Presidential Security and Protection Group commander Col. Raymund Dante Lachica upon Duterte’s instruction.

The prosecution has cited earlier testimony from Commission on Audit State Auditor Xylene Mae Del Campo that the turnover of the funds to Lachica, who was neither the designated special disbursing officer nor bonded to handle the money, violated the rules governing confidential funds.

Luistro said Ortonio’s and Acosta’s testimonies both pointed to Duterte’s authority over the transactions.

“Whether it is Ortonio or Acosta, merong commonality ang testimony nila. And that is, lahat ng ginawa nila nanggaling sa utos ng head of agency,” she said.

The prosecution is seeking to establish the impeachment charge alleging Duterte misused P612.5 million in confidential funds, including P500 million from the OVP and P112.5 million from the Department of Education.

Luistro calls for equal application of sub judice rule

Meanwhile, Luistro called for the uniform application of the sub judice rule in Duterte’s impeachment trial, saying any restrictions on public comments about the case should apply not only to prosecutors but also to the defense, senator-judges and Duterte herself.

“If indeed may makikitang violation sa amin ang impeachment court, we hope that the impeachment court will be uniform and fair in implementing the sub judice rule,” Luistro said.

The Senate impeachment court is expected to rule Wednesday on the application of the sub judice rule following concerns over public statements made while the trial is ongoing.

Luistro said the prosecution has remained conscious of the restrictions under Senate impeachment rules against commenting on the merits of the case.

“Ako ay very much confident that the entire prosecution team has always been very much conscious and aware of the limitation in making public comments,” she said.

“Malinaw naman ’yung nakasaad sa Senate rules on impeachment: huwag mag-comment sa merito ng impeachment case,” Luistro added.

“And this prohibition is binding not only to the prosecution. It is likewise binding to the defense, the senator-judges, and even the parties, including the respondent Vice President.”

She said the prosecution would abide by whatever parameters the impeachment court imposes but maintained that the rules should be enforced equally.

“If they will be calling the attention of the prosecution, they must call as well the attention of the senator-judges and that of the parties, including the respondent Vice President, who might be violating as well the sub judice rule,” Luistro said.

Deputy Speaker Paolo Ortega V, meanwhile, said public communication remains important in helping Filipinos understand the impeachment proceedings, while stressing the need to respect the sanctity of the trial.

“Kailangan din po siguro makita ’yung importansya ng pakikipag-usap ng kahit anumang side sa taong-bayan para mas maintindihan din po nila kung ano po ’yung nangyayari dito sa impeachment,” Ortega said.