MANILA – The House prosecution team will no longer call Colonels Raymund Dante Lachica and Dennis Nolasco to testify in Vice President Sara Z. Duterte’s impeachment trial, saying witnesses already presented have sufficiently established its allegations involving confidential funds.

House lead prosecutor Batangas Rep. Gerville “Jinky Bitrics” Luistro confirmed the decision Monday after Senator-Judge Erwin Tulfo asked whether the prosecution’s decision was final or could still change before it rests its case.

“Your Honor, please, with all due respect to the senator-judges, but it is our humble submission that the allegation of misuse and misappropriation of confidential fund have been satisfied already by the testimony of the witnesses presented, Your Honor,” Luistro said.

Luistro later placed on record that the decision was based on the prosecution’s prerogative to determine which witnesses and evidence are necessary to prove its case.

“We would just put on record, Your Honor, that the position of the prosecution not to present the security officers is anchored on the prerogative or judgment, the right of the prosecution to decide on the witnesses and evidence to be presented, including the manner by which they will be presented, Your Honor,” she said.

Presiding Officer Sen. Francis “Chiz” Escudero affirmed the prosecution’s authority to make the decision.

“And that right is confirmed by the presiding officer. You’re well within your rights, Honorable Lead Prosecutor,” Escudero said.

However, Escudero said Lachica and Nolasco could still testify if the defense chooses to call them or if the impeachment court later finds their testimony necessary.

“We do not know yet if the defense will call Lachica and Nolasco because I believe they are listed too as a common witness, supposedly by both parties in the pre-trial order. So there may still be a chance,” he said.

“But should that not happen… nothing prevents the court from calling a witness, not only as amicus curiae, but also as a witness, or even recalling a witness for that matter, should the court decide at the proper time to do so,” Escudero added.

Escudero said the court could consider calling the officers only after both sides have completed their evidence-in-chief and before it rules on the relevant article, should the senator-judges determine that their testimony is needed.

If summoned by the impeachment court, Lachica or Nolasco would be questioned directly by the senator-judges rather than by the prosecution or defense, Escudero said.

Lachica has figured prominently in testimony concerning PHP500 million in confidential funds of the Office of the Vice President (OVP).

Former OVP special disbursing officer Gina Acosta testified that she released four PHP125-million tranches to Lachica upon Duterte’s instruction. Acosta said she had no personal knowledge of how the funds were ultimately used.

Nolasco, meanwhile, has been linked to PHP112.5 million in confidential funds of the Department of Education (DepEd).

During Monday’s proceedings, the defense stipulated that former DepEd special disbursing officer Edward Fajarda encashed three PHP37.5-million confidential fund checks totaling PHP112.5 million and handed the money to Nolasco upon Duterte’s instruction.

The prosecution subsequently dispensed with Fajarda’s testimony on humanitarian grounds as he recovers from a stroke after securing key stipulations from the defense.

Article I of the impeachment complaint accuses Duterte of misusing, misappropriating and irregularly liquidating PHP612.5 million in confidential funds—PHP500 million under the OVP in 2022 and 2023 and PHP112.5 million under DepEd in 2023.

The prosecution is targeting Wednesday to complete its presentation of evidence under Article I.