Metro Manila, Philippines – State auditor Roderick Wamil on Tuesday, Aug. 4, said Vice President Sara Duterte’s failure to properly liquidate confidential funds constitutes prima facie evidence that she used the funds for her benefit, citing an interagency regulation issued a decade ago.
On a cross-examination by defense lawyer Michael Poa, Wamil clarified that there were no conclusive findings, only prima facie evidence–meaning initial evidence to prove a fact.
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He also explained that an audit observation memorandum (AOM), which is part of the rules governing the use of confidential funds, does not indicate a failure to liquidate, but a notice of suspension does.
The COA did issue a notice of suspension against the Office of the Vice President (OVP) for non-allowable expenses in its use of ₱125 million in CF from Dec. 21 to Dec. 31, 2022.
During her re-direct examination, counsel for prosecution Lorna Kapunan asked Wamil even though the CF disbursements were paid out to OVP special disbursing officer (SDO) Gina Acosta and to Department of Education (DepEd) SDO Edward Fajarda, was Duterte still the head of these agencies when these funds were used?
The witness agreed, as it was Duterte who signed off on the disbursement orders.
Referring to Poa’s cross-examination about the inconclusiveness of the COA findings, Kapunan asked: “Is there a presumption of innocence? Is there a presumption of guilt? As a matter of fact expressly says, there is a presumption of misuse and that it is used for personal benefit, tama [correct]?“
Citing Section 8.3 of Joint Circular 2015-01, Wamil concurred.
The section reads: “Failure of the AO [accountable officer] to liquidate any public funds for which he is accountable, upon demand by any duly authorized officer, shall be prima facie evidence that he has put such missing funds or property to personal use and benefit.”
“Unless proven otherwise, that presumption still holds. She is presumed to have misused or to have used it for personal benefit,” Kapunan added.
‘Scam ito’
Earlier in the session, Kapunan boldly described Duterte’s use of confidential funds as a scam.
“Scam ito [this is a scam],” she said to end her direct examination.
Poa moved to strike out Kapunan’s statement from the record, describing it as out of order.
Presiding Officer Chiz Escudero sustained the motion.
In a chance interview during the trial recess, Kapunan doubled down on her remark and likened Vice President Sara Duterte’s use of ₱612.5 million in confidential funds to a child misusing the parent’s money for personal items.
“Pag paulit-ulit-ulit ‘yan at hindi mo ginamit ang pera na sinabi mong gagamitin, eh ang tawag ‘don scam. Pero ang ini-iscam ngayon hindi nanay, ang ini-iscam, ang taong bayan,” Kapunan said.
[Translation: If they repeatedly use the money for other purposes, this is a scam. The one being scammed now isn’t the mother, it’s the Filipino people.]
In a post-trial briefing, Poa brushed off Kapunan’s remarks.
“I just don’t think it was proper to do that especially at this point noh na ang witness naman ang pinag-uusapan natin ay AOM pa lang [when the witness and I were only talking about the AOM]. To call it a scam is a mischaracterization. I think the Presiding Officer also saw where I was coming from, but I say that with all respect to Attorney Kapunan. I also know what she was trying to do and as a lawyer, normal din naman ‘yun [it’s normal],” Poa said.
He said these claims must be backed up by witnesses in court and not lawyers.
