MANILA — The House prosecution panel sees no need to present Col. Raymund Dante Lachica as a witness in Vice President Sara Z. Duterte’s impeachment trial, saying the alleged misuse of confidential funds and Duterte’s role in the transactions have already been established through testimony and evidence on record.

Lanao del Sur Rep. Zia Alonto Adiong, a prosecution spokesperson, said Thursday the panel may no longer ask the Senate impeachment court to subpoena Lachica, who allegedly received P500 million in confidential funds from the Office of the Vice President (OVP).

“With or without Lachica being presented by either of the sides, especially from the prosecution panel, we have already established the fact that there was misuse, and the one who ordered the transfer of these funds, again leading to the misuse of the confidential funds, is the Vice President,” Adiong said.

“And the accountability for such violations is also going towards the direction of the Vice President, being the head of the agency. We have already established that fact,” he added.

Adiong said the prosecution is now considering dropping its request for a subpoena for Lachica.

“We are now contemplating, we may no longer require or request the impeachment court to issue a subpoena to Colonel Lachica,” he said.

“So again, based on necessity, we don’t need to add any more testimony from anyone,” he added.

The prosecution has presented former OVP special disbursing officer Gina Acosta and OVP Assistant Secretary and Assistant Chief of Staff Lemuel Ortonio as hostile witnesses.

Acosta testified that Duterte instructed her to turn over four P125-million tranches totaling P500 million in confidential funds to Lachica, then commander of the Vice Presidential Security and Protection Group, despite him not being the designated special disbursing officer or fidelity-bonded to handle the funds.

She also testified that Duterte approved confidential fund plans and signed disbursement and liquidation documents, although Acosta said she had no personal knowledge of how the money was ultimately distributed.

Ortonio likewise testified that he had no personal knowledge of the actual operations involving the confidential funds. He said only Duterte and Lachica knew how the money was spent and that he relied on information from Lachica in responding to audit-related questions.

Adiong rejected suggestions that the prosecution’s case would be incomplete without Lachica, who is believed to have personal knowledge of how the funds turned over to him were used.

“Buo naman po ‘yung storya na nakuha po natin kay Ms. Gina Acosta at saka kay Mr. Ortonio,” he said.

“Merong misuse ba? Yes, may misuse. Pangalawa, sino ‘yung nag-utos na it would lead to the misuse of the confidential funds? Ang Bise Presidente,” he added.

“Now, those two areas were already been established, with or without the testimony of Colonel Lachica.”

Adiong stressed that the impeachment proceedings concern the charges against Duterte, while any separate liability on Lachica’s part may be determined in other proceedings.

“Ang pinag-uusapan po natin dito sa impeachment trial ay ang charges against the Vice President,” he said.

“Whether or not darating si Col. Lachica, it will not actually negate the fact that the most accountable person that should also answer this allegation is the head of the agency,” he added.

“Maski hindi po dumating si Col. Lachica o dumating man po si Col. Lachica, hindi po ‘yun mawawala na ‘yung accountability is going upward, not downward.”

Prosecution: Lachica could still testify if defense, court calls him

Fellow prosecution spokesperson Kabataan Party-list Rep. Renee Louise Co said calling additional witnesses remains a matter of trial strategy, noting that Acosta’s testimony identifying Duterte as the person who ordered the transfer is already part of the record.

“‘Yung mahalaga naman po ay ‘yung evidence on record na nakuha natin na from [SDO] Gina Acosta, tinanong siya sino pong nag-utos sa inyo na gawin ito. And siya po ang mismong nagpangalan kay VP Sara Duterte nito,” Co said.

“As to kung sino pang other witnesses ‘yung puwedeng maipatawag, nasa strategy po ‘yan ng prosecution,” she added.

Lachica could still take the witness stand if Duterte’s defense presents him or if the impeachment court itself orders his appearance.

“If ever that the defense would present him as their witness, that would also give us the opportunity to cross-examine Colonel Lachica,” Adiong said.

“If the court so decides to exercise some powers to subpoena him, again, the same matter. We can also cross-examine him,” he added.

Asked about Lachica’s previous statement that he was prepared to testify and tell the truth, Adiong said the prosecution would rely on evidence already presented before the court.

“Whether or not I believe him, I am more inclined to believe in the evidence and the testimonies that were already presented before this impeachment trial,” he said.

Co also noted that a separate confidential fund case is pending before the Office of the Ombudsman, with Lachica among those named as respondents alongside Duterte and several of her subordinates.

“If he is so inclined to tell the truth, I hope na sa Ombudsman ay sabihin niya rin po ang katotohanan,” Co said.

Poa set to testify as prosecution seeks hostile witness status

Meanwhile, the prosecution is also preparing to present Duterte’s defense lawyer and former Department of Education (DepEd) chief of staff Michael Wesley Poa as a witness on Sept. 2 in connection with the alleged misuse of P112.5 million in DepEd confidential funds.

The prosecution said it intends to ask the impeachment court to declare Poa a hostile witness because of his current role on Duterte’s defense team.

Poa served as Duterte’s chief of staff and spokesperson when she was education secretary and was involved in DepEd’s response to a Commission on Audit audit observation memorandum concerning confidential fund expenditures.

If granted, Poa would become the third prosecution witness declared hostile in the impeachment proceedings, after Acosta and Ortonio.