THE House prosecution panel said on Tuesday that testimony and financial records presented during Vice President Sara Z. Duterte’s impeachment trial indicates an apparent effort to spend the Office of the Vice President’s entire P125 million confidential fund allocation within just 11 days before the end of 2022.
Lanao del Sur Rep. Zia-ur Rahman Alonto Adiong, prosecution spokesperson, cited the testimony of hostile witness Lemuel Ortonio, an OVP assistant secretary and assistant chief of staff. Ortonio confirmed that the entire P125 million was reported as disbursed from December 21 to 31, 2022.
‘It appears that there was a deliberate effort to exhaust the P125 million in only 11 days,’ he said.
Ortonio also testified that unused cash allocations expire at the end of the year and that any remaining balance must be returned to the National Treasury.
Adiong said the 11-day spending period becomes more notable when compared with the OVP’s use of confidential funds in 2023.
According to the OVP’s accomplishment reports, the office covered 132 areas in 11 days in 2022. In comparison, it covered 127 areas over 52 days during the first quarter of 2023, 111 areas over 67 days in the second quarter, and 122 areas over 79 days in the third quarter.
‘What is also striking is that they were able to use the entire P125 million in only 11 days,’ Adiong said.
‘What does this suggest? It appears that there was a pattern of spending P125 million every quarter,’ he added.
Adiong said the spending pattern should also be considered alongside Ortonio’s account of how the confidential funds were requested.
Ortonio confirmed that the OVP had no confidential fund allocation when Duterte assumed office in July 2022.
On August 22, Duterte requested P250 million in confidential funds from the Department of Budget and Management. However, the supporting physical and financial plan was prepared and approved only on September 16, after the DBM requested the necessary documents.
The OVP eventually received P125 million in December.
Adiong said the sequence of events raised questions about how the amount was determined and why the entire P125 million was spent before the end of the year.
‘It raises more questions than answers,’ he said.
During the same press briefing, prosecution legal spokesperson and counsel Benjamin Tolosa Jr. separately questioned whether confidential funds were necessary to ensure Duterte’s security during official activities.
Tolosa cited former Vice President Leni Robredo, whose office did not receive confidential funds during her term.
‘She also had no confidential funds, yet no untoward incident occurred,’ Tolosa said.
He added that the senator-judges could consider this comparison when determining whether the use of confidential funds for Duterte’s security was justified.
The prosecution is presenting evidence concerning Duterte’s alleged misuse of P500 million in OVP confidential funds. The amount was released in four tranches of P125 million each from December 2022 through 2023.
Outline
IN addition, Duterte has yet to sufficiently account for the P500 million in confidential funds released to the Office of the Vice President (OVP) in 2022 and 2023, prosecution counsel Mae Divinagracia told the Senate Impeachment Court on Tuesday.
During the 18th day of Duterte’s impeachment trial, Divinagracia outlined alleged irregularities in the request, disbursement and liquidation of the confidential funds. The money was released in four tranches of P125 million from December 2022 through 2023.
Divinagracia alleged that the OVP repeatedly changed its explanations for the funds and failed to provide sufficient details and supporting documents.
‘The explanations keep changing, there are no details or supporting documents, and there appears to be concealment rather than clarification. Until now, the people’s P500 million has not been accounted for,’ she said in Filipino.
According to the prosecution, Duterte requested the first P250 million before submitting the required supporting plan.
Divinagracia claimed that the amount was determined first and the plan was prepared only after the Department of Budget and Management requested it.
She also argued that Duterte’s authority and approval appeared on key documents-from the initial request to the liquidation-and that the reports were prepared to comply with formal requirements rather than reflect the actual use of the funds.
Divinagracia noted that four reports followed the same template and each accounted for exactly P125 million, with no remaining amount returned. She further alleged that when the Commission on Audit questioned medical and food assistance expenses worth P40 million, P42 million and P40 million in the first three accomplishment reports, those entries disappeared from the final report while the total remained exactly P125 million.
The prosecution also claimed that the liquidation documents were submitted late and contained irregular or backdated receipts. Divinagracia said some receipts were submitted 10 months late, while more than 100 were dated approximately one year after the reported payments.
She added that certifications supporting the expenses allegedly contained no amounts, names, locations or dates and were signed by the same person who received the money.
Meanwhile, the Impeachment Court declared Ortonio a hostile witness after determining that his continued employment under Duterte gave him an adverse interest in the proceedings.
Presiding Officer Sen. Francis Escudero issued the ruling after Ortonio confirmed that he reports directly to Duterte, serves at her pleasure and holds a co-terminous position that he would lose if she were removed from office.
The ruling allows Divinagracia to ask Ortonio leading questions during direct examination, although Escudero reminded the prosecution that misleading questions remain prohibited.
Before the ruling, Ortonio admitted that he had declined several invitations to attend a 2024 investigation by the House Committee on Good Government and Public Accountability concerning the OVP’s confidential funds. He also confirmed that he had not sought judicial relief against the invitations.
Ortonio has worked under Duterte in various positions since she served in the Davao City government. He was previously chief of staff of the Office of the Davao City Vice Mayor from 2008 to 2010, chief of staff of the Office of the Davao City Mayor from 2010 to 2013, head of the Davao City Investment Promotion Center from 2016 to 2018 and head of the city’s Human Resource Management Office beginning in 2018. He joined the OVP in July 2022.
A Land Bank of the Philippines witness previously identified Ortonio as the official who accompanied former OVP special disbursing officer Gina Acosta when the confidential funds were withdrawn. Acosta earlier testified that, upon Duterte’s instruction, the funds were turned over to then-Vice Presidential Security and Protection Group commander Col. Raymund Dante Lachica.
Divinagracia questioned Ortonio’s claim that he had no personal knowledge of how the money was spent, noting that his signatures appeared on the OVP’s responses to COA. She also pointed out that Duterte, Acosta and Lachica – whom the prosecution identified as the officials with direct knowledge of the transactions-had not provided complete explanations.