HOUSE of Representatives impeachment prosecutors are planning to request that personnel from the Office of the Vice President (OVP) and the Department of Education (DepEd) who previously reported to Vice President Sara Z. Duterte be treated as hostile witnesses as they continue presenting evidence regarding the alleged misuse of confidential funds.
One of the officials being considered is former DepEd Special Disbursing Officer (SDO) Edward Fajarda, whom House prosecutor Terry Ridon said may be given the same treatment as former OVP SDO Gina Acosta.
‘I think all of the OVP and the DepEd personnel that reported to the Vice President, I think we will seek to qualify them as hostile witnesses,’ Ridon said during a news forum.
When asked whether Fajarda would indeed be presented as a hostile witness, Ridon confirmed, ‘That is correct.’
He explained that Fajarda and Acosta are similarly situated because their interests are closely connected, particularly regarding the alleged misuse of confidential funds.
Fajarda previously withdrew three cash advances amounting to P37.5 million each, or a total of P112.5 million in DepEd confidential funds in 2023, when Duterte was serving as Education secretary.
Ridon said prosecutors expect Fajarda to confirm his earlier testimony before the House that Duterte allegedly instructed him to transfer the confidential funds to Col. Dennis Nolasco, then a DepEd security officer who was not the department’s officially designated SDO.
‘Prosecutors expect Mr. Fajarda to confirm what he previously stated during the House committee hearings – that the Vice President gave instructions to release DepEd’s confidential funds to non-regular DepEd personnel,’ Ridon said.
Ridon said the alleged transaction was similar to the arrangement described by Acosta regarding the OVP’s confidential funds.
During her testimony before the Senate Impeachment Court, Acosta said Duterte instructed her to hand over P125 million in OVP confidential funds to then-OVP security officer Col. Raymund Dante Lachica after withdrawing the money in December 2022.
The P125 million was the first of four cash advances made by Acosta from December 2022 to July 2023. The remaining three withdrawals, totaling P375 million, covered the OVP’s confidential fund expenses for the first three quarters of 2023. Overall, the OVP received P500 million in confidential funds during that period.
For the DepEd funds, prosecutors expect Fajarda to testify that Duterte similarly directed him to transfer the department’s confidential funds to Nolasco.
The prosecution considers this significant because the designated SDOs who were responsible for handling confidential funds allegedly surrendered control of the money to security officers upon Duterte’s instructions.
Acosta remains on the witness stand after the impeachment court allowed prosecutors to treat her as a hostile witness. Her direct examination is scheduled to continue on Monday, August 24.
Ridon described Acosta’s testimony as a ‘smoking gun,’ saying it established what prosecutors believe was the beginning of the alleged misuse of confidential funds.
Another Duterte subordinate whom prosecutors intend to request as a hostile witness is OVP Assistant Chief of Staff Lemuel Ortonio.
Ridon explained that treating these individuals as hostile witnesses would allow prosecutors more flexibility in questioning them and could help speed up the proceedings.
‘They should be recognized as hostile witnesses so the questioning process can be more efficient and the proceedings can move faster,’ he said.
Prosecutors are also considering presenting Lachica as a hostile witness, although Ridon said no final decision has been made.
The House prosecution panel is still presenting evidence related to the confidential funds article, which involves allegations that Duterte misused P612.5 million in confidential funds released to the OVP and DepEd from December 2022 to 2023.
Of this amount, P500 million was allocated to the OVP – P125 million released in December 2022 and P375 million during the first three quarters of 2023. Meanwhile, P112.5 million was provided to DepEd through three separate P37.5-million releases in 2023.
The prosecution has already completed presenting evidence for the article concerning Duterte’s alleged threats against President Ferdinand R. Marcos Jr. and his family. The articles involving alleged bribery and unexplained wealth have not yet been discussed.