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Impeachment Trial - Day 18
On Day 18 the impeachment court heard an Office of the Vice President aide, Assistant Secretary Lemuel G. Ortonio, whom the prosecution offered as a hostile witness, and the Presiding Officer issued a series of procedural rulings, striking the prosecution's 'scam,' 'nagsisinungaling,' and 'mastermind/architect' characterizations from the record and directing the Clerk of Court to subpoena Eduardo Fajarda for September 7 after a Senate medical report recommended his bed rest. Witnesses testified on the requesting, signing, and liquidation of the confidential funds and on the contents of the OVP's submitted plans, while the prosecution cited Joint Circular provisions on required documentation. The record now stands on continuing examination, pending rulings, and stipulations over the scope o
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Session record
Claims introduced or updated
- No new standing claim cards were added this session; existing cards were updated by the day's testimony.
- The '₱612.5M confidential-funds charge' card was updated with testimony that the Vice President personally requested the P250-million confidential fund from the DBM, decided the amount, and signed the certifications attached to the liquidation reports, alongside prosecution argument that the failure to account for P500 million gives rise to a prima facie presumption of misappropriation under the law.
- The "COA's ₱375M disallowance" card was updated with an OVP aide's testimony that he received the Audit Observation Memoranda on the Vice President's behalf, signed them as proof of receipt, prepared the draft reply on her instruction, and that the reply cited a P150,000 discrepancy between the P125-million accomplishment report and the DEPs' P125,150,000 total.
- The 'COA witness: Joint Circular 2015-01 requires strict compliance for confidential funds' card was updated with testimony that the plans the OVP submitted named only umbrella programs, such as a 'good governance program' and 'socio-economic delivery programs,' as prosecution counsel cited Joint Circular Article 4.2 requiring each program, activity, and project to state its proposed amount.
Evidence & exhibits
- An OVP aide identified liquidation and accomplishment reports as bearing the Vice President's signature.
- The witness confirmed receipt of the Audit Observation Memoranda issued on the Vice President's behalf.
- The witness confirmed an OVP letter dated August 22, 2022 stating that seven OVP satellite offices in Bacolod, Cebu, Dagupan, Davao, Surigao, Tacloban, and Zamboanga were established as early as July 1, 2022, each catering to an average of 100 to 150 clients per day.
- The Presiding Officer directed the Clerk of Court to issue a subpoena for Eduardo Fajarda for the September 7 trial date.
- The Court acknowledged the Clerk of Court's report comparing the acknowledgement receipts and directed that copies of its findings be furnished to counsel for the parties and the Senator Judges.
Court rulings
- The Presiding Officer ruled to strike the prosecution's 'scam,' 'nagsisinungaling,' and 'mastermind/architect' characterizations from the record and noted that earlier similar closing statements had likewise been stricken.
- The Presiding Officer ruled, based on the TSN, that the five-day witness notice rule applies only to witnesses not mentioned in the pre-trial order and not to witnesses already listed in it.
- The Presiding Officer ruled that the witness may be questioned on his understanding of a document, subject to the parameter that the document's contents cannot be changed.
- The Presiding Officer ruled in principle that exhibits marked by both parties as common exhibits may be taken as authentic, with due execution established, absent proof or allegation of fraud, probable mistake, or absence of regularity, and without need of witness identification.
- The Presiding Officer instructed the Clerk of Court to issue a subpoena for Eduardo Fajarda for the September 7 trial date at 10 a.m., after a Senate Medical and Dental Bureau report recommended two weeks of bed rest from August 20 to September 3.
Open questions
- Will Eduardo Fajarda appear under subpoena on the September 7 trial date following the medical recommendation for bed rest?
- How will the Chair rule on Attorney Sheila's August 12 manifestation, scheduled to be taken up in the next session?
- How will the parties resolve the outstanding stipulation items on witness Ortonio and the common exhibits still in dispute?
- What will the cross-examination and redirect of the OVP witness establish once examination resumes?