Courtroom clash marks opening of Duterte confidential funds case



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Vice President Sara Duterte's defense objected on Wednesday after House prosecutors described the alleged misuse of P612.5 million in confidential funds as a pattern of graft and corruption.
House Prosecutor Rep. Leila De Lima argued in her opening speech that the case centered on P612.5 million in confidential funds entrusted to Duterte through the Office of the Vice President and the Department of Education, saying the Constitution required accountability even in the use of confidential funds.
"That the budget is intended for confidential operations does not mean that the conduct of officials involved in the handling of people's money is exempted from the demands of transparency, scrutiny and accountability," she said.
De Lima told the impeachment court that it was tasked with determining whether Duterte committed culpable violation of the Constitution, graft and corruption, and betrayal of public trust.
"The evidence will show that she did."
Defense counsel Michael Poa objected, arguing that the prosecution was making conclusions before presenting any evidence.
"Your Honors, they can do that through the offer of their evidence," Poa said. "To allow ... a continuation of such, it really goes into the matter of fair play."
Presiding Officer Francis "Chiz" Escudero sustained the objection in part.
"I was listening intently in the beginning. It was okay," Escudero said. "But later on, you did make conclusions of law already, which the Chair orders to be stricken from the record."
Escudero instructed De Lima to avoid "conclusions of fact and law" and instead proceed to presenting witnesses.
Poa argued that striking the remarks from the record would not erase their impact because the senator-judges had already heard them.
"Even if we strike them off the record, they have already been heard," he said in Filipino, adding that allowing the prosecution to continue in the same manner would compromise "fair play."
De Lima responded that an opening statement was intended to provide an overview of the prosecution's evidence, but said much of her prepared remarks would have to be omitted because of the court's ruling.
Before being cut short, she maintained that the allegations against Duterte would ultimately be resolved through testimony and documentary evidence.
"That question will not be answered by politics, by general denials, by press releases," De Lima said. "It will be answered by the witnesses, by the documents, by audit, and by the evidence."
Escudero later acknowledged the defense's "continuing objection" and directed the prosecution to call its first witness.
The prosecution first presented Violeta Constantino, former manager of Land Bank's Shaw Boulevard branch, who was expected to testify on the withdrawal of P125 million in OVP confidential funds by former Special Disbursing Officer Gina Acosta between December 2022 and September 2023.
It was also set to present Nenita Camposano, former manager of Land Bank's DepEd branch, whose testimony is expected to cover three withdrawals of P32.5 million each made in 2023 by former DepEd Special Disbursing Officer Edward Fajarda.
Prosecutors have said the witnesses will help establish the movement of confidential funds before presenting evidence on how the money was allegedly disbursed and liquidated.