AFP certificates raise timeline questions in P15.5-M DepEd fund case — prosecution

The House prosecution team said on Saturday that the timeline and contents of military certifications submitted by the Department of Education (DepEd) had raised questions over the liquidation of 15.54 million pesos in confidential funds.

Prosecution lawyer Benjamin Tolosa Jr. said certificates issued by Armed Forces of the Philippines (AFP) officials in December 2023 and January 2024 could not readily establish that information allegedly obtained from informants paid through confidential funds had led to the military activities cited in the documents.

“Mahalaga ang timeline na ito na maintindihan natin…Ibig sabihin ginawa itong certificates na ito December 2023 and January 2024 pero ang AOM 2024 pa lang noong February,” Tolosa said in a radio interview.

“So I will leave it to the senator-judges and to the public if that matter destroys the timeline of the explanation given by the witness,” he added.

AFP Officials Col. Manaros Boransing II and Col. Magtanggol Panopio testified earlier this week that their certifications established that DepEd's confidential funds had been used for military activities. They also said they were unaware that the documents would later be used to support the liquidation of confidential funds.

Poa, who was a DepEd undersecretary and chief of staff during Duterte's tenure and is now a member of her defense team, subsequently confirmed that no DepEd confidential funds were given to the AFP for Youth Leadership Summits and information-education programs.

Poa testimony

The prosecution likewise defended its decision to call Poa as a hostile witness despite his role as a defense lawyer for Duterte.

Tolosa said prosecutors had met the evidentiary objectives that led them to call Poa, although he declined to characterize the testimony as the prosecution's strongest evidence.

“So far as we’re concerned, if we’re just talking about ‘yung evidentiary targets namin, for us we were able to meet those objectives,” Tolosa said.

Poa has maintained that he was not involved in the handling or disbursement of DepEd's confidential funds despite his senior positions in the department. He testified that responsibilities within DepEd were compartmentalized, saying that “everything that happens goes through him operationally, everything except confidential funds.”

But the prosecution has focused on Poa's role in responding to COA's audit observations. Tolosa said Poa acknowledged that he knew about the department's response and that Duterte had been informed about the documents submitted to COA.

“Bottom line, alam niya lahat ito, itong paggamit nito,” Tolosa said.

The prosecution also highlighted Poa's admission that he could not personally verify whether the AFP certifications proved that the confidential-fund payments had produced successful intelligence results.

Tolosa said the issue was particularly relevant because the documents were being used to answer a COA finding concerning the 15.54 million pesos in reward payments.

“Wala rin sinasabi kahit sa aling dokumento na ‘yan na may information na nakuha dahil sa binayaran na impormante na reward money,” Tolosa said.

“At wala din naman nagsasabi diyan na dahil mismo sa reward money na binayaran sa isang impormante ay natukoy ang lugar kung saan gagawin ang activities,” he added.

Prosecution may trim case

The prosecution is also considering cutting the number of witnesses it presents as it seeks to finish its case without extending the impeachment proceedings into next year.

Tolosa said prosecutors were looking at whether to drop or postpone presentation of evidence on the bribery article and focus on the remaining articles, including unexplained wealth.

“Magmula din noon kapag na-hit na namin ang evidentiary targets namin, ang goal namin to trim down significantly ang mga witnesses namin sa witness list namin,” he said.

He said no final decision had been made and that prosecutors would assess their evidence after the remaining witnesses on the confidential-funds article testify next week.

“Talagang gusto namin maiwasan na mag-cross pa itong impeachment proceedings hanggang next year. So lahat talaga ng puwede naming magawa to shorten it. We’re really doing it,” Tolosa added.