1 00:06:51,310 --> 00:07:33,280 Sen. Imee Marcos: Proclamation. Gabayan mo ang lahat ng kalahok sa paglilitis, ang depensa, ang prosekyusyon, ang bawat testigo at ang bawat senador hukom. Pagkalooban mo kami ng lakas, katatagan, at integridad upang maisagawa namin ang aming kanya-kanyang tungkulin ng may dangal at pananagutan. Patawarin mo kami sa aming pagkukulang at pagkakasala. Patuloy mo kami ang akayin sa landas ng katarungan at kabutihan para sa aming bayan. Magpadala po kayo ng maraming anghel ng katotohanan at ilayo sa amin ang pagpapakalat ng kasinungalingan. Ito ang aming dalangin sa ngalan ni Jesus. Amen. 2 00:07:34,020 --> 00:07:37,120 Sen. Sherwin T. Gatchalian: The Clerk of Court will now call the roll. 3 00:07:39,040 --> 00:08:31,270 Atty. Renato N. Bantug Jr.: Call call up members. Senator-Judge Aquino, Senator-Judge Cayetano-Allan, Senator-Judge Cayetano-Pia, Senator-Judge De La Rosa, Senator-Judge Ejercito, senator-judge Estrada, senator-judge Goh, senator-judge Ontiveros, senator-judge Lacson, senator-judge Lapid, senator-judge Legarda, senator-judge Marcoleta, senator-judge Marcos, senator-judge Padilla, senator-judge Pangilinan, senator-judge Soto III, senator-judge Tulfo Erwin, senator-judge Tulfo Raffy, senator-judge Villanueva, Senator-Judge Villar-Camil, Senator-Judge Villar-Marc, Senator-Judge Zubiri, the presiding officer, Senator-Judge Escudero, Senate President Gatchalian. 4 00:08:31,390 --> 00:08:45,900 Sen. Sherwin T. Gatchalian: With 16 senator-judges present, the chair declares the presence of a quorum. In accordance with the rules of procedure on impeachment trials, the chair now recognizes the newly elected presiding officer to preside over the proceedings of the impeachment court. 5 00:08:48,170 --> 00:09:01,860 Sen. Francis "Chiz" G. Escudero: Thank you, Mr. Senate President. If there are no objections, we shall dispense with the reading of the Journal of July 29, 2026 of the Senate, sitting as an impeachment court, and shall consider the same as approved. 6 00:09:04,720 --> 00:09:07,980 Sen. Francis "Chiz" G. Escudero: The Clerk of Court will please call the case before the impeachment court. 7 00:09:08,180 --> 00:09:14,240 Atty. Renato N. Bantug Jr.: Case number 004-2026, in the matter of Impeachment Trial of Vice President Saira Zimmerman Duterte. 8 00:09:15,820 --> 00:09:16,980 Sen. Francis "Chiz" G. Escudero: Appearances for the parties. 9 00:09:26,540 --> 00:09:30,900 Rep. Gerville “Jinky Bitrics” R. Luistro: Good morning, Your Honor. Same appearance for the prosecution. We are ready, Your Honor. 10 00:09:31,080 --> 00:09:33,440 Sen. Francis "Chiz" G. Escudero: Thank you and good morning. Appearances for the respondent. 11 00:09:34,200 --> 00:09:37,000 Atty. Michael Wesley Poa: Good morning, Your Honor. Same appearance for the respondent accused. 12 00:09:37,300 --> 00:09:41,930 Sen. Francis "Chiz" G. Escudero: Thank you, Your Honor. Will the lead prosecutor kindly call their witness for today? 13 00:09:42,170 --> 00:09:49,230 Rep. Gerville “Jinky Bitrics” R. Luistro: Your Honor, may I request that counsel for the panel of prosecutors, Attorney Lorna Capunan, be recognized. 14 00:09:50,170 --> 00:09:52,510 Sen. Francis "Chiz" G. Escudero: Attorney Capunan is recognized. 15 00:09:58,280 --> 00:10:04,020 Sen. Francis "Chiz" G. Escudero: Atty. Kapunan, the counsel for the panel of prosecutors, kindly call your first witness, ma'am. 16 00:10:06,450 --> 00:10:24,480 Atty. Lorna Patajo-Kapunan: Good morning, Your Honors. Atty. Lorna Patao Kapunan, counsel for the petitions under the direct control and supervision of the House panel of prosecutors. We'd like to call on our first witness, Your Honors, Mr. Roderick C. Huamil. 17 00:10:25,160 --> 00:10:37,680 Sen. Francis "Chiz" G. Escudero: The Clerk of Court, through Sgt. Tarms, is directed to kindly bring and situate at the witness stand the witness of the prosecution for today, Mr. Roderick Wamil. 18 00:11:08,480 --> 00:11:17,700 Sen. Francis "Chiz" G. Escudero: Before you sit down, Mr. Wamil, the clerk of court is directed to subscribe the witness, or rather put the witness under oath. Apologies. Please raise your right hand. 19 00:11:18,950 --> 00:11:33,630 Atty. Renato N. Bantug Jr.: You, Roderick C. Wamil, those were the evidence you shall give in the case now pending between the Philippines and Vice President Cyrus Gibram and Duterte. shall be the truth, the whole truth, and nothing but the truth. So help me God. 20 00:11:35,640 --> 00:11:45,370 Sen. Francis "Chiz" G. Escudero: You may sit down, Mr. Romil. Your witness, counsel for the panel of prosecutors, Attorney Caponan, you may proceed when you're ready with your offer. 21 00:11:45,570 --> 00:12:06,980 Atty. Lorna Patajo-Kapunan: Thank you, Your Honor. But before we proceed, senators, honorable senators and presiding officer, may we flash on the screen page two. of the pre-trial order dated 29 June 2026. Please note from the screen that 22 00:12:10,950 --> 00:12:16,700 Atty. Lorna Patajo-Kapunan: several admitted facts are stated in the said pre-trial order. 23 00:12:16,920 --> 00:12:31,400 Atty. Lorna Patajo-Kapunan: I call your attention please to page 2 of the pre-trial order. These are the admitted facts for Article 1 on the misuse and misappropriation of confidential funds. 24 00:12:35,920 --> 00:12:40,060 Atty. Lorna Patajo-Kapunan: I will not read them anymore, but I'd like to highlight certain 25 00:12:42,110 --> 00:12:45,030 Atty. Lorna Patajo-Kapunan: admissions. The 26 00:12:45,030 --> 00:12:47,770 Sen. Francis "Chiz" G. Escudero: lady may proceed for the guidance of the senator-judges. 27 00:12:48,030 --> 00:13:36,190 Atty. Lorna Patajo-Kapunan: Thank you, Your Honor. As can be seen from the screen, first, the OVP, Office of the Vice President, had confidential funds in the fixed amount of 125 per quarter. The first quarter of 2023 is February 6 to March 29, 2023. For the second quarter of 2023, that is April 25 to June 30, 2023. And for the third quarter of 2023, which covers the period July 14 to September 30, 2023. Fixed amounts per quarter of 125 million. 28 00:13:36,530 --> 00:13:41,510 Sen. Francis "Chiz" G. Escudero: You're referring to paragraph numbers 2.5, 2.6, and 2.7, counsel? 29 00:13:41,730 --> 00:13:42,410 Atty. Lorna Patajo-Kapunan: Yes, Your Honor. 30 00:13:42,850 --> 00:14:14,200 Atty. Lorna Patajo-Kapunan: You may proceed. Also admitted is the fact that Gina Acosta was the Office of the Vice President's Special Disbursing Officer, or SDO, in relation to the OVP's confidential funds for the fourth quarter of 2022, as well as the first, second, and third quarters of 2023, as can be seen on the screen. May I ask counsel for the 31 00:14:14,230 --> 00:14:17,210 Atty. Michael Wesley Poa: respondent? We confirm that, Your Honor. 32 00:14:17,350 --> 00:14:18,370 Atty. Lorna Patajo-Kapunan: Thank you, counsel. 33 00:14:20,560 --> 00:14:48,460 Atty. Lorna Patajo-Kapunan: Likewise, Your Honor, this honorable court presiding officer will recall that in the Hearing last Wednesday, several stipulations were made by both parties and, in fact, upon the initiative of Attorney Powa, counsel for the respondent. May I just remind this court what these are? And they will be flashed 34 00:14:48,460 --> 00:14:52,820 Atty. Lorna Patajo-Kapunan: on the screen for the better appreciation of this honorable court. 35 00:14:56,170 --> 00:15:30,000 Atty. Lorna Patajo-Kapunan: Both the prosecution and the respondent agreed last Wednesday's hearing to the following stipulations. First, that the OVP issued four checks all in the name of Gina F. Acosta worth 125 million each on December 20, 2022, January 31, 2023, April 18, 36 00:15:32,060 --> 00:15:36,220 Atty. Lorna Patajo-Kapunan: and July 13, 2023. 37 00:15:38,180 --> 00:15:48,680 Atty. Lorna Patajo-Kapunan: Second, that these said amounts were paid by the Philippine Treasury for the account of the Office of the Vice President. 38 00:15:50,600 --> 00:16:17,500 Atty. Lorna Patajo-Kapunan: Third, that Ms. Gina Acosta received the amounts of the said checks on December 20, 2022. February 6, 2023, April 25, 2023, April 10, 2023, and July 11, 2023. 39 00:16:19,230 --> 00:16:27,530 Atty. Lorna Patajo-Kapunan: Likewise stipulated, Your Honor, that the said amounts were paid by the Philippine Treasury for the account- 40 00:16:27,530 --> 00:16:27,770 Sen. Francis "Chiz" G. Escudero: Counsel? Counsel? 41 00:16:28,190 --> 00:16:45,100 Sen. Francis "Chiz" G. Escudero: Yes? With respect to the last check, What was the date of encashment? You mentioned July 11, or is it July 16? Or should it be July 16? Kindly check your records. Because the encashment cannot be before the date of the check. 42 00:16:45,280 --> 00:16:46,820 Sen. Francis "Chiz" G. Escudero: Respondent, what is it? 43 00:16:52,410 --> 00:16:57,000 Sen. Francis "Chiz" G. Escudero: Kindly check the last check. Last three digits, 664. 44 00:16:58,660 --> 00:17:02,820 Sen. Francis "Chiz" G. Escudero: Counsel mentioned that it was encashed on July 11, 2023. 45 00:17:04,650 --> 00:17:07,350 Sen. Francis "Chiz" G. Escudero: It should be, if I remember correctly, it should be July 16. 46 00:17:12,940 --> 00:17:14,740 Sen. Francis "Chiz" G. Escudero: Kindly check the dorsal side of the cheque. 47 00:17:17,220 --> 00:17:18,840 Atty. Lorna Patajo-Kapunan: July 13, Your Honor. 48 00:17:19,040 --> 00:17:28,330 Sen. Francis "Chiz" G. Escudero: Ah, 13, okay. The date of the cheque is July 13, but encashed by the SDO on what date? You said July 11 earlier. 49 00:17:40,110 --> 00:17:40,550 Atty. Lorna Patajo-Kapunan: Encashmente. 50 00:17:42,440 --> 00:17:45,180 Atty. Lorna Patajo-Kapunan: Counsel for respondent, maybe you can help us with this? 51 00:17:45,920 --> 00:17:47,300 Atty. Michael Wesley Poa: We are verifying, Your Honor. 52 00:17:47,840 --> 00:17:53,130 Sen. Francis "Chiz" G. Escudero: Kindly validate, because the date of encashment cannot precede or antedate the date of the check. 53 00:17:59,460 --> 00:18:06,680 Atty. Lorna Patajo-Kapunan: Honorable Presiding Officer, the date of the check is July 13, but the encashment was July 14. July 54 00:18:06,680 --> 00:18:09,560 Sen. Francis "Chiz" G. Escudero: 14. Okay. Not July 11. I heard you mention July 11. 55 00:18:09,840 --> 00:18:10,700 Atty. Lorna Patajo-Kapunan: My bad, Your Honor. You 56 00:18:10,700 --> 00:18:11,420 Sen. Francis "Chiz" G. Escudero: may proceed, counsel. 57 00:18:12,240 --> 00:18:20,580 Atty. Lorna Patajo-Kapunan: That the said amounts were paid by the Philippine Treasury for the account of the Department of Education Office of the Secretary. 58 00:18:22,490 --> 00:18:53,550 Atty. Lorna Patajo-Kapunan: And lastly, that Mr. Edward D. Fajarda received the amounts of the checks on February 22, 2023, April 26, 2023, and July 13, 2023, which amounts to 112.5 million, Your Honors. May we ask counsel for respondent to confirm this? 59 00:18:54,110 --> 00:19:22,150 Atty. Michael Wesley Poa: Your Honors, I really don't want to make a big issue about this, but just on the first stipulation, Your Honors, please. We remember stipulating only as to the ability of the witness to identify the checks and to the authenticity of the checks. Now, I do understand where the counsel for the prosecution is coming from, but perhaps we could just refer to our records in terms of the stipulations made, Your Honors. 60 00:19:23,250 --> 00:19:43,620 Sen. Francis "Chiz" G. Escudero: The Presiding Officer remembers that the authenticity and execution of the checks, as well as all the information contained therein, meaning to say the signatories, the payee, the amount contained therein, the date it was in cash, were all stipulated to by the respondent. 61 00:19:45,160 --> 00:19:47,360 Sen. Francis "Chiz" G. Escudero: In not so many words, counsel, you are correct. 62 00:19:48,130 --> 00:19:53,280 Atty. Lorna Patajo-Kapunan: Yes, Your Honor. As a matter of fact, not only the front side of the check, but the dorsal side. 63 00:19:53,280 --> 00:19:57,000 Sen. Francis "Chiz" G. Escudero: Including the dorsal side, meaning to say the checker, the validator, the... 64 00:19:57,000 --> 00:19:57,300 Atty. Lorna Patajo-Kapunan: Your Honor. 65 00:19:57,480 --> 00:20:00,240 Sen. Francis "Chiz" G. Escudero: Yes, they were all stipulated to by the respondent. Thank 66 00:20:00,240 --> 00:20:01,480 Atty. Lorna Patajo-Kapunan: you, Mr. Presiding Officer. 67 00:20:03,420 --> 00:20:09,520 Atty. Lorna Patajo-Kapunan: And lastly, Your Honor, please. As you can see in front of you, we 68 00:20:11,660 --> 00:20:13,340 Atty. Lorna Patajo-Kapunan: have 15 boxes. 69 00:20:14,950 --> 00:20:18,350 Atty. Lorna Patajo-Kapunan: 15 boxes of confidential funds. 70 00:20:20,690 --> 00:20:27,640 Atty. Lorna Patajo-Kapunan: For this witness alone, he will be identifying 50 exhibits. 71 00:20:28,360 --> 00:20:30,560 Sen. Francis "Chiz" G. Escudero: Are you proceeding with your offer already, counsel? 72 00:20:30,820 --> 00:20:35,180 Atty. Lorna Patajo-Kapunan: No, Your Honor. This is in addition to our proposed stipulation, Your Honor. 73 00:20:35,400 --> 00:20:37,380 Sen. Francis "Chiz" G. Escudero: Ah, yes. Okay. Proceed. Okay. 74 00:20:38,160 --> 00:21:52,680 Atty. Lorna Patajo-Kapunan: This witness will be identifying 50 exhibits. The acknowledgement receipts alone for the fourth quarter of the Office of the Vice President will be 845 documents, Your Honor. and not to PM, testimony of the next witness. This next witness will attest to 3,664 documents of which 3,617 are acknowledgement receipts, Your Honor. My proposed stipulation, Your Honor, since most of these documents, these documents, Your Honor, are not documents from the prosecution. These documents are the liquidation documents submitted by the Office of the Vice President and the Department of Education Secretary to liquidate the 500 million confidential funds of the Office of the President and the 116.5 million of the DepEd, Your Honor. Just to emphasize, 75 00:21:55,740 --> 00:21:56,160 Atty. Lorna Patajo-Kapunan: Your Honor. 76 00:21:57,900 --> 00:22:07,200 Atty. Lorna Patajo-Kapunan: These are common exhibits. And if counsel, we can flash them on the screen. Most of these are common exhibits. 77 00:22:08,630 --> 00:23:03,520 Atty. Lorna Patajo-Kapunan: For the Office of the Vice President, we have 14 common exhibits for the period December 21 to 31. For the first quarter of 2023, there are six common exhibits. Six common exhibits as well for the second quarter of 2023 and five common exhibits for the Office of the Vice President, Your Honor. And this is a total of 31 common exhibits, Your Honor. For the DepEd, Your Honor, we have six common exhibits for the first quarter. Seven common exhibits for the second quarter and six common exhibits for the third quarter, Your Honor. 78 00:23:05,400 --> 00:23:34,390 Atty. Lorna Patajo-Kapunan: And here is where we ask for stipulation, Your Honor. Since these are prosecution exhibits as well as defense exhibits, and in addition to that, these are documents submitted by the defense themselves to the COA. By way of liquidation, Your Honor, may we request four stipulations. For the appreciation of the senator-judges and the presiding judge, flashed 79 00:23:34,390 --> 00:23:46,680 Atty. Lorna Patajo-Kapunan: on the screen are the exhibits we want stipulated, the prosecution exhibit numbers, and the defense exhibit numbers, Your Honor. 80 00:23:47,390 --> 00:23:50,810 Sen. Francis "Chiz" G. Escudero: These are only insofar as the common exhibits are concerned, counsel. 81 00:23:50,970 --> 00:23:53,030 Atty. Lorna Patajo-Kapunan: Yes, Your Honor. These are only common exhibits. 82 00:23:53,450 --> 00:23:55,590 Sen. Francis "Chiz" G. Escudero: What does the respondent, counsel for respondent, say? 83 00:23:56,750 --> 00:24:26,340 Atty. Michael Wesley Poa: Your Honor, may we just ask for, and I apologize for having to request for this, but may we just ask for at least a five-minute suspension so we can also concur with the prosecution panel to check. Exactly what documents they would want to stipulate. Because, Your Honors, we have no problem stipulating, but we also, due to the voluminous nature of the documents, we just want to make sure we're also ensuring the rights for clients, especially, you know, if there are questions on chain of custody, etc. 84 00:24:26,480 --> 00:24:32,980 Sen. Francis "Chiz" G. Escudero: With the permission of my fellow senator-judges, this is in the interest of abbreviating the proceedings anyway. Chair declares a five-minute recess. 85 00:24:34,600 --> 00:24:35,520 Atty. Lorna Patajo-Kapunan: Thank you, Your Honors. 86 00:24:49,870 --> 00:24:53,210 Atty. Lorna Patajo-Kapunan: The physical exhibits are here if counsel wants to look at them. 87 00:24:55,230 --> 00:24:58,990 Sen. Francis "Chiz" G. Escudero: We are on recess. No need for permission to approach each other. 88 01:08:21,490 --> 01:08:48,210 Sen. Francis "Chiz" G. Escudero: Paumanhin sa mga kapwa ko, senator-judge, gayon din sa publiko nagsusubaybay sa medyo mahabang panahong ginugol natin para magkumparahan ng dokumento. I assure you this is time well spent because whatever stipulations and their admissions may be agreed upon by the parties will go a long way insofar as abbreviating the proceedings. Counsel for respondent is recognized for his comment to the request for stipulation by the counsel for the panel of prosecutors. 89 01:08:48,770 --> 01:08:49,770 Atty. Michael Wesley Poa: Thank you, Your Honor. 90 01:08:51,290 --> 01:09:37,680 Atty. Michael Wesley Poa: I would like to thank the Honorable Court for your patience as well. So upon consulting with my colleagues as well as the opposing counsel, the defense is willing to stipulate on the list of documents provided except for the acknowledgement receipts for the period covering December 21 to 31, 2022 because one... What period is that again, counsel? Acknowledgement receipts for the period covering December 21 to 31, 2022, Your Honor. December 21 to 22? To 31, 2022. To 12-31, 2022. Yes, that's correct. December 21 to December 31, 2022. That's correct, 91 01:09:37,800 --> 01:09:58,830 Atty. Michael Wesley Poa: Your Honors. Your Honors, just for the information of the Honorable Court, although these are were labeled as common exhibits. We mark them separately and there are issues concerning these acknowledgement receipts that I believe will also be touched upon by other witnesses in the future and for those reasons, Your Honors, we cannot stipulate on the same. How 92 01:09:58,830 --> 01:10:06,890 Sen. Francis "Chiz" G. Escudero: many pieces of documentary evidence would constitute these acknowledgement receipts covering this period approximately? Approximately 93 01:10:09,870 --> 01:10:12,810 Sen. Francis "Chiz" G. Escudero: At least 900, Your 94 01:10:12,810 --> 01:10:12,970 Atty. Michael Wesley Poa: Honors. 95 01:10:13,270 --> 01:10:18,290 Sen. Francis "Chiz" G. Escudero: So that's about 900 over 3,000 plus, counsel for the panel of prosecutors, correct? 96 01:10:18,850 --> 01:10:25,970 Atty. Lorna Patajo-Kapunan: Your Honor, please, just a logistics issue. I don't think they can hear us at the sound booth. 97 01:10:27,480 --> 01:10:28,640 Sen. Francis "Chiz" G. Escudero: Who can't hear you? 98 01:10:29,020 --> 01:10:48,540 Atty. Lorna Patajo-Kapunan: The ones flashing our screen. Are they? Okay, okay. Just to address the query of the honorable presiding judge. Your Honor. The acknowledgement receipts constitute 845 documents, Your Honor, for 99 01:10:50,270 --> 01:11:04,740 Atty. Lorna Patajo-Kapunan: this particular witness and for this particular period, Your Honor. But for the next witness, Your Honor, they constitute 3,617 acknowledgement receipts. 100 01:11:05,260 --> 01:11:13,380 Sen. Francis "Chiz" G. Escudero: In regard to the acknowledgement receipts that the counsel for respondent refuses to stipulate on, is it with this witness or the next witness? 101 01:11:14,380 --> 01:11:26,880 Atty. Lorna Patajo-Kapunan: This witness, Your Honor. 845 acknowledgement receipts for the period, 11-day period, December 21 to December 31, Your Honor. 102 01:11:27,100 --> 01:11:35,100 Sen. Francis "Chiz" G. Escudero: So, in other words, all of the acknowledgement receipts that this witness will testify to was not stipulated to by the counsel for the respondent? 103 01:11:35,560 --> 01:11:36,280 Atty. Michael Wesley Poa: That's correct, Your Honor. 104 01:11:38,330 --> 01:11:41,250 Sen. Francis "Chiz" G. Escudero: With respect to the others, it is so stipulated, counsel? 105 01:11:41,890 --> 01:11:44,310 Atty. Michael Wesley Poa: Yes, Your Honor. Other documents. Other 106 01:11:44,310 --> 01:11:52,760 Sen. Francis "Chiz" G. Escudero: documents that are commonly marked are so stipulated and admitted by the counsel for respondents under Article 1? 107 01:11:53,680 --> 01:11:57,140 Atty. Michael Wesley Poa: The documents that are in the list of proposed stipulations, Your Honor. 108 01:11:59,890 --> 01:12:00,630 Sen. Francis "Chiz" G. Escudero: Julie noted. 109 01:12:01,330 --> 01:12:02,230 Atty. Lorna Patajo-Kapunan: Thank you, Your Honor. 110 01:12:02,910 --> 01:12:08,730 Sen. Francis "Chiz" G. Escudero: Counsel, for the panel of prosecutors, you may proceed when you're ready with your offer. Unless you have other stipulations to ask? 111 01:12:08,730 --> 01:12:11,590 Atty. Lorna Patajo-Kapunan: We have other stipulations, Your Honor. 112 01:12:11,910 --> 01:12:13,230 Sen. Francis "Chiz" G. Escudero: You may proceed, counsel. 113 01:12:13,370 --> 01:12:26,690 Atty. Lorna Patajo-Kapunan: Secondly, that the Office of the Vice President was allotted confidential funds in the amount of 125 million in December of 2022. 114 01:12:30,110 --> 01:12:37,590 Atty. Michael Wesley Poa: We are okay to stipulate with counter stipulation that this was approved by the Office of the President as recommended by the DBM, Your Honor. 115 01:12:38,260 --> 01:12:40,620 Sen. Francis "Chiz" G. Escudero: What does counsel for the panel of prosecutors state? 116 01:12:45,320 --> 01:12:46,280 Atty. Lorna Patajo-Kapunan: No, Your Honor. 117 01:12:47,500 --> 01:12:48,100 Atty. Lorna Patajo-Kapunan: Yes, 118 01:12:49,280 --> 01:12:50,880 Atty. Lorna Patajo-Kapunan: Your Honor. 119 01:12:52,150 --> 01:12:55,330 Atty. Lorna Patajo-Kapunan: In deference to the President. Yes, Your Honor. 120 01:12:55,630 --> 01:13:09,990 Sen. Francis "Chiz" G. Escudero: So yes, the stipulation, proposed stipulation by the counsel for the panel of prosecutors subject to the qualification of the counsel for respondent is deemed admitted to and stipulated on. May I proceed, Counsel? 121 01:13:10,230 --> 01:13:21,770 Atty. Lorna Patajo-Kapunan: Thirdly, Your Honor, as can be seen on the screen, The DepEd was allotted confidential funds in the fixed amount of 37.5 million quarterly. 122 01:13:22,600 --> 01:13:23,640 Sen. Francis "Chiz" G. Escudero: For what year? 123 01:13:25,260 --> 01:13:27,120 Atty. Lorna Patajo-Kapunan: 2023, Your Honor. 124 01:13:29,490 --> 01:13:30,950 Sen. Francis "Chiz" G. Escudero: Counsel for the respondent? 125 01:13:31,050 --> 01:13:37,410 Atty. Michael Wesley Poa: Yes, Your Honor. But again, with counter stipulation that under the General Appropriations Act, Your Honor. 126 01:13:39,380 --> 01:13:40,260 Atty. Lorna Patajo-Kapunan: Yes, Your Honor. 127 01:13:40,700 --> 01:13:44,320 Sen. Francis "Chiz" G. Escudero: So stipulated, duly noted. Senator-judges are duly informed. 128 01:13:45,160 --> 01:14:04,980 Atty. Lorna Patajo-Kapunan: The fourth stipulation is that the Office of the Vice President and the DepEd withdrew their respective confidential funds quarterly allocation in full from the first to the third quarters of 2023. 129 01:14:07,300 --> 01:14:09,760 Sen. Francis "Chiz" G. Escudero: Counsel for the respondent, what do you say? We 130 01:14:09,760 --> 01:14:11,160 Atty. Michael Wesley Poa: are willing to stipulate on that, Your Honor. 131 01:14:11,570 --> 01:14:18,030 Sen. Francis "Chiz" G. Escudero: So stipulated. Senator-judges are likewise so informed of the stipulation by the parties in regard to this fact. 132 01:14:19,210 --> 01:14:35,770 Atty. Lorna Patajo-Kapunan: The fifth, that the Office of the Vice President also received confidential funds in the amount of 125 million on December 20, 2022, which it used up in 11 days. 133 01:14:37,330 --> 01:14:41,750 Atty. Michael Wesley Poa: No stipulation, Your Honor. I'm sorry, counsel? No stipulation on this matter. 134 01:14:42,120 --> 01:14:46,120 Sen. Francis "Chiz" G. Escudero: No stipulation. You may proceed with the other proposed stipulations, counsel. 135 01:14:46,440 --> 01:14:55,920 Atty. Lorna Patajo-Kapunan: That the documents submitted by the Office of the Vice President and the DepEd were all signed by the authorized signatories. 136 01:14:56,540 --> 01:14:57,840 Atty. Michael Wesley Poa: Willing to stipulate, Your Honor. 137 01:14:58,140 --> 01:15:14,120 Sen. Francis "Chiz" G. Escudero: What exactly does that mean, counsel, for the panel of prosecutors? The documents submitted by the OVP were all signed by the authorized signatories, meaning those that signed the checks. Those that received the checks. What about the acknowledgement receipts? 138 01:15:14,660 --> 01:15:22,070 Atty. Lorna Patajo-Kapunan: Also the acknowledgement receipts, Your Honor. The disbursement vouchers, the liquidation reports, 139 01:15:22,550 --> 01:15:27,370 Atty. Lorna Patajo-Kapunan: the accomplishment reports, all of which they have already stipulated, Your Honor. 140 01:15:27,610 --> 01:15:30,450 Sen. Francis "Chiz" G. Escudero: Okay. Is that clear, counsel, for the respondent? Yes, 141 01:15:30,450 --> 01:15:30,690 Atty. Michael Wesley Poa: Your Honor. 142 01:15:30,830 --> 01:15:32,630 Sen. Francis "Chiz" G. Escudero: So stipulated. Julie noted. 143 01:15:33,640 --> 01:15:49,830 Atty. Lorna Patajo-Kapunan: Number seven, that the signatures above the names Gina Acosta, Julieta Villa del Rey, and Rosalyn Sanchez in the Office of the Vice President documents are their signatures. We 144 01:15:49,830 --> 01:15:51,210 Atty. Michael Wesley Poa: are willing to stipulate on that, Your Honor. 145 01:15:51,370 --> 01:15:53,190 Atty. Lorna Patajo-Kapunan: And lastly, Your Honor, that 146 01:15:53,190 --> 01:16:11,320 Atty. Lorna Patajo-Kapunan: the signatures above the names Edward Fajarda, Maria Runa Catalan, Annalyn Sevilla, and Gloria Humamil Mercado in the DepEd liquidation documents are their signatures. 147 01:16:12,080 --> 01:16:15,160 Atty. Michael Wesley Poa: Willing to stipulate on that as well. So stipulated, duly noted. 148 01:16:16,010 --> 01:16:23,490 Atty. Lorna Patajo-Kapunan: Thank you and we would like to thank counsel for the respondent for the stipulations. We would like to 149 01:16:23,490 --> 01:16:29,970 Sen. Francis "Chiz" G. Escudero: thank the parties as well for abbreviating the proceedings and assisting this court in so far shortening. I 150 01:16:29,970 --> 01:16:34,620 Atty. Lorna Patajo-Kapunan: think it has saved the Senate judges. Ten boxes, Your Honor. 151 01:16:35,740 --> 01:16:37,060 Sen. Francis "Chiz" G. Escudero: How many in total again? 152 01:16:37,460 --> 01:16:39,220 Atty. Lorna Patajo-Kapunan: We have 15 boxes, Your Honor. 153 01:16:39,540 --> 01:16:41,720 Sen. Francis "Chiz" G. Escudero: That's two-thirds. Council 154 01:16:41,720 --> 01:16:43,640 Atty. Lorna Patajo-Kapunan: may 155 01:16:43,640 --> 01:16:50,760 Sen. Francis "Chiz" G. Escudero: proceed with their offer for the testimony of this witness unless there are other stipulations. If there are none, you may proceed, Council, when you're ready. 156 01:16:52,270 --> 01:17:02,370 Atty. Lorna Patajo-Kapunan: Your Honors, please, we are offering the testimony of Mr. Roderick C. Wamil to prove the following. First, that Mr. 157 01:17:03,990 --> 01:17:11,180 Atty. Lorna Patajo-Kapunan: Wamil was a state auditor of the Commission on Audit, Intelligence, and Confidential Funds. 158 01:17:13,640 --> 01:17:54,810 Atty. Lorna Patajo-Kapunan: Number two, dat siya po ang nag-conduct ng audit ng Office of the Vice President liquidation of confidential expenditures for the periods covering the fourth quarter of 2022, which is December 21 to 31, 2022, and the first, second, and third quarters of 2020. 23. Pangatlo, na si Mr. Wamil po ang nag-conduct ng audit of the Department of Education liquidation of confidential expenditures for the periods covering the first, second, and third quarters of 2023. 159 01:17:57,470 --> 01:18:51,820 Atty. Lorna Patajo-Kapunan: Number four, napansin ni Mr. Wamil na kulang-kulang ang mga dokumentong sinubmit. ng Office of the Vice President at ng DepEd for their liquidation of their respective confidential funds for the specified period. Number five. At dahil dito, si Mr. Wamil ay nag-issue ng audit and recommendations na tinatawag na Audit Observation Memorandum AOM dated September 14, 2023. and October 3, 2023, duly issued to the Office of the Vice President for the periods covering the fourth quarter of 2022 or the period December 21 to 31, 2022. 160 01:18:53,470 --> 01:19:33,270 Atty. Lorna Patajo-Kapunan: Number six, that Mr. Wamil also conducted the audit of the documents submitted by the OVP through its letters dated October 19, 2023, and November 30, 2023 in response to the aforementioned AOMs. Number seven, that in accordance with Mr. Wamil's audit and recommendations, nag-issue ng notice of suspension dated December 13, 2023 sa OVP. 161 01:19:35,330 --> 01:20:06,710 Atty. Lorna Patajo-Kapunan: Number eight, In accordance with Mr. Wamil's audit and recommendation, an AOM dated February 1, 2024 was issued to the OVP for the periods covering the first, second quarters of 2023 and an AOM, Audit Observation Memorandum dated August 8, 2024. was issued to the Office of the Vice President for the period covering the third quarter of 2023. 162 01:20:08,320 --> 01:20:33,060 Atty. Lorna Patajo-Kapunan: Number nine, in accordance with Mr. Wamil's audit and recommendations, an audit observation memorandum number 2024-015, dated February 1, 2024, was duly issued to the DepEd. for the periods covering the first and second quarter of 2023. 163 01:20:35,180 --> 01:20:58,000 Atty. Lorna Patajo-Kapunan: Likewise, Your Honor, we are offering the testimony of this witness to identify and authenticate documents, and likewise, lassie, to prove such other matters as are relevant and material to the impeachment of Vice President Sara Duterte. and relevant as well to the aforementioned purposes. 164 01:21:02,190 --> 01:21:04,550 Sen. Francis "Chiz" G. Escudero: Comment from the counsel for respondents on the offer? 165 01:21:04,910 --> 01:21:06,110 Atty. Michael Wesley Poa: Subject to cross, Your Honor. 166 01:21:07,200 --> 01:21:16,240 Sen. Francis "Chiz" G. Escudero: Subject to cross, counsel may proceed with her direct examination of the witness, Mr. Roderick C. Wamil, when she's ready. Thank 167 01:21:16,240 --> 01:21:22,920 Atty. Lorna Patajo-Kapunan: you, Your Honor. With the permission of the presiding officer, honorable senator-judges. Magandang umaga, Mr. Witness. 168 01:21:23,800 --> 01:21:24,820 Atty. Roderick C. Wamil: Magandang umaga po. 169 01:21:25,100 --> 01:21:26,620 Atty. Lorna Patajo-Kapunan: Kumusta na po kayo ngayon? 170 01:21:27,300 --> 01:21:30,300 Atty. Roderick C. Wamil: I'm feeling a bit anxious as of this moment. 171 01:21:34,650 --> 01:21:43,810 Atty. Lorna Patajo-Kapunan: Please state your name again. Your name, your age, and occupation and other personal circumstances, Mr. Witness. 172 01:21:44,310 --> 01:21:51,330 Atty. Roderick C. Wamil: I am Roderick C. Wamil, 34 years old and currently an audit team leader of the Commission on Audit, Pasay City. 173 01:21:52,340 --> 01:21:56,560 Atty. Lorna Patajo-Kapunan: Before I ask you about your present occupation, give us a... 174 01:21:58,690 --> 01:22:02,010 Atty. Lorna Patajo-Kapunan: Educational background. What is your educational background, Mr. Witness? 175 01:22:02,650 --> 01:22:13,050 Atty. Roderick C. Wamil: Ako po ay nagtapos ng Bachelor of Science in Accountancy from the Central Luzon State University at ng Juris Doctor degree from the Arellano University School of Law. 176 01:22:13,290 --> 01:22:16,530 Atty. Lorna Patajo-Kapunan: So you are both an auditor and a lawyer? 177 01:22:16,970 --> 01:22:17,750 Atty. Roderick C. Wamil: Yes, ma'am. 178 01:22:18,810 --> 01:22:21,770 Atty. Lorna Patajo-Kapunan: Ngayon, nagtrabaho ka sa COA? 179 01:22:23,860 --> 01:22:24,660 Atty. Roderick C. Wamil: Yes, ma'am. 180 01:22:24,720 --> 01:22:28,100 Atty. Lorna Patajo-Kapunan: How long have you been working for the Commission on Audit? 181 01:22:28,460 --> 01:22:32,420 Atty. Roderick C. Wamil: I've been with the Commission on Audit for more than 11 years po. 182 01:22:32,540 --> 01:22:36,920 Atty. Lorna Patajo-Kapunan: Eleven years. And what position in the COA do you presently hold? 183 01:22:37,770 --> 01:22:43,110 Atty. Roderick C. Wamil: I presently hold the position po of attorney for of the Commission on Audit. 184 01:22:43,770 --> 01:22:45,270 Atty. Lorna Patajo-Kapunan: Ano yung attorney for? 185 01:22:46,570 --> 01:22:55,830 Atty. Roderick C. Wamil: It is ano po, yung description of the position po na hinawakan ko. But currently po, I am an audit team leader po sa Commission on Audit Pasay. 186 01:22:56,070 --> 01:23:03,480 Atty. Lorna Patajo-Kapunan: Okay. Before you were assigned to the Commission on Audit Pasay, what was your previous position with the COA? 187 01:23:04,720 --> 01:23:15,460 Atty. Roderick C. Wamil: Before my assignment to the Commission on Audit Pasay, I was previously assigned as a State Auditor of the Intelligence and Confidential Fund Audit Office of the COA. 188 01:23:17,090 --> 01:23:18,970 Atty. Lorna Patajo-Kapunan: Itong COA ICFAO? 189 01:23:22,060 --> 01:23:22,660 Atty. Lorna Patajo-Kapunan: ICFAO? 190 01:23:23,330 --> 01:23:24,270 Atty. Roderick C. Wamil: Yes, ma'am. 191 01:23:24,410 --> 01:23:28,090 Atty. Lorna Patajo-Kapunan: Could you give us a background? Ano itong COA ICFAO? 192 01:23:29,390 --> 01:23:50,090 Atty. Roderick C. Wamil: Ang koa ikaw po ay yung office under the office of the chairperson in charge with the conduct of the post-audit po ng liquidation of the Confidential Fund and Intelligence Fund of the various government agencies which include the national government agencies, the government-owned or controlled corporations, and the local government units po. 193 01:23:56,650 --> 01:24:04,850 Atty. Lorna Patajo-Kapunan: For our understanding, para maintindihan namin ngayon, ano ang intelligence funds at ano ang confidential funds? 194 01:24:05,530 --> 01:24:21,190 Atty. Roderick C. Wamil: Ang intelligence funds po under the Joint Circular 2015-01 ay yung lump sum appropriation provided in the budget of the agency concerned with respect to their intelligence operations. Ano 195 01:24:21,190 --> 01:24:22,610 Atty. Lorna Patajo-Kapunan: naman ang confidential funds? 196 01:24:23,530 --> 01:24:35,330 Atty. Roderick C. Wamil: Ang confidential fund po based on the Joint Circular 2015-01 ay yung lump sum appropriation po ng concerned agency para sa kanilang confidential expenses. 197 01:24:36,350 --> 01:24:46,780 Atty. Lorna Patajo-Kapunan: At you earlier said, sinabi mo kanina na ang office ng ICPAO ang nag-audit ng national government agencies. 198 01:24:48,750 --> 01:24:56,030 Atty. Lorna Patajo-Kapunan: Anong ibig sabihin ng nagko-conduct ng audit? Anong klaseng audit ang ginagawa ng COA-ICFAO? 199 01:24:57,270 --> 01:25:03,410 Atty. Roderick C. Wamil: Ang audit po na ginagawa ng COA-ICFAO ay compliance post-audit po. 200 01:25:04,800 --> 01:25:07,940 Atty. Lorna Patajo-Kapunan: What do you mean by compliance post-audit? 201 01:25:09,070 --> 01:26:03,590 Atty. Roderick C. Wamil: When we say compliance post-audit po, we evaluate A certain subject matter which is covered by the audit with respect to a certain criteria po which is usually po yung applicable laws, rules, and regulations. And in case of the Confidential and Intelligence Fund, inevaluate po namin yung liquidation nung Confidential and Intelligence Fund based dun sa criteria na presented ng Joint Circular 2015-01. At pag sinabi naman pong post-audit, Ginagawa po namin yung audit after the fact of the disbursement. So ini-evaluate po namin kung yung disbursements ay properly supported with complete documents as required by the applicable rules and regulations and if yung disbursements po ay hindi illegal, hindi irregular, or hindi improper. 202 01:26:04,520 --> 01:26:11,140 Atty. Lorna Patajo-Kapunan: At sa pag-conduct na sinabi mong post-audit, ano ang basihan ng ginagamit natin? 203 01:26:12,430 --> 01:26:17,130 Atty. Roderick C. Wamil: Ang ginagamit po namin sa ICWAW ay yung Joint Circular 2015-01. 204 01:26:17,450 --> 01:26:22,920 Atty. Lorna Patajo-Kapunan: Can you tell us ano itong Joint Circular 2015-01? 205 01:26:24,500 --> 01:26:41,000 Atty. Roderick C. Wamil: Ang Joint Circular 2015-01 ay yung nagpuprovide po ng guidelines on the entitlement, the use, the release, the reporting po at yung audit ng confidential fund at ng intelligence fund of the various government agencies. 206 01:26:41,870 --> 01:26:49,870 Atty. Lorna Patajo-Kapunan: If I show you a document now entitled and this for appreciation of the Honorable Senate Impeachment Court is being flashed 207 01:26:49,870 --> 01:26:53,290 Atty. Lorna Patajo-Kapunan: on the screen with the permission of the Presiding Officer. 208 01:26:57,210 --> 01:26:58,890 Sen. Francis "Chiz" G. Escudero: Counsel may do so and may proceed. 209 01:26:59,660 --> 01:27:12,680 Atty. Lorna Patajo-Kapunan: I'm showing to you now a document entitled the Joint Circular 2015 which for identification has been marked as Exhibit P-1-4 for the Prosecution. 210 01:27:17,370 --> 01:27:18,690 Atty. Lorna Patajo-Kapunan: Showing to you this document. 211 01:27:19,650 --> 01:27:22,690 Atty. Lorna Patajo-Kapunan: We have here, Your Honor, we're being assisted here by... 212 01:27:22,690 --> 01:27:23,610 Sen. Francis "Chiz" G. Escudero: Assisting counsel may approach. 213 01:27:24,090 --> 01:27:26,290 Atty. Lorna Patajo-Kapunan: Our associate attorney, Mark Penny. 214 01:27:26,290 --> 01:27:28,750 Sen. Francis "Chiz" G. Escudero: Likewise, assisting counsel for the respondent may approach. 215 01:27:29,190 --> 01:27:29,850 Atty. Lorna Patajo-Kapunan: Thank you, Your Honor. 216 01:27:29,990 --> 01:27:30,250 Sen. Francis "Chiz" G. Escudero: The witness. 217 01:28:23,610 --> 01:28:34,120 Sen. Francis "Chiz" G. Escudero: While we're waiting, counsel, attorney Capunan, would you like to identify this document as previously marked so that we can have it on the record and for the reference? 218 01:28:34,120 --> 01:28:45,290 Atty. Lorna Patajo-Kapunan: Your Honor, please. Mr. Witness, what relation does this joint circle have to the... Joint circular that you mentioned na basihan ng inyong audit, post-audit. 219 01:28:45,430 --> 01:28:49,590 Atty. Roderick C. Wamil: Ito po yung same joint circular po na basihan po ng aming audit sa ICPAO. 220 01:28:49,790 --> 01:28:52,210 Atty. Lorna Patajo-Kapunan: Bakit tinatawag ito na joint circular? 221 01:28:53,910 --> 01:29:14,100 Atty. Roderick C. Wamil: Tinatawag po itong joint circular dahil ito po ay resulta ng joint efforts ng Commission on Audit ng Department of Interior and Local Government ng Department of the Budget and Management ng Department of the National Defense at ng Governance Commission for GOCCs. So 222 01:29:14,100 --> 01:29:23,320 Atty. Lorna Patajo-Kapunan: ito ay five government agencies, nama? And since when naging basihan ito ng mga post-audit ng national government agencies? 223 01:29:23,960 --> 01:29:35,540 Atty. Roderick C. Wamil: Naging basihan po ito ng audit ng ICFAO sa Confidential Intelligence Funds ng various government agencies noong January 8, 2015, noong na-approve po ito. 224 01:29:36,040 --> 01:29:39,000 Atty. Lorna Patajo-Kapunan: Mr. Witness, ikaw ay familiar sa joint circular na to? 225 01:29:40,210 --> 01:29:40,950 Atty. Roderick C. Wamil: Yes, ma'am. 226 01:29:41,010 --> 01:29:45,750 Atty. Lorna Patajo-Kapunan: Okay, if I show you section 4.8, being flashed 227 01:29:45,750 --> 01:29:48,750 Atty. Lorna Patajo-Kapunan: on the screen, Your Honors, with the permission of the presiding justice. 228 01:29:52,740 --> 01:30:05,220 Atty. Lorna Patajo-Kapunan: Sa section 4.8 na nanakikita natin sa screen, ano-ano, what kind of... Confidential expenses can be incurred using confidential funds. 229 01:30:07,350 --> 01:30:25,830 Atty. Roderick C. Wamil: Under item 4.8 of the Joint Circular 2015-01, the confidential funds shall be used only for the following confidential expenses. Una po yung purchase of information necessary for the formulation and implementation of... Ano 230 01:30:25,830 --> 01:30:29,070 Atty. Lorna Patajo-Kapunan: Ano pa? Dahan-dahan natin. Unang-una? 4.8? Anong una? 231 01:30:29,930 --> 01:30:42,310 Atty. Roderick C. Wamil: Ang una po ay yung purchase of information necessary for the formulation and implementation of program activities and projects relevant to the national security and peace and order. 232 01:30:43,200 --> 01:30:44,380 Atty. Lorna Patajo-Kapunan: Being flashed 233 01:30:44,380 --> 01:30:58,340 Atty. Lorna Patajo-Kapunan: on the screen, Your Honor, is the pertinent provisions cited. Pangalawa, ano pa ang examples ng confidential funds or kung ano ang pwedeng paggamitan ng confidential funds? 234 01:30:59,130 --> 01:31:04,150 Atty. Roderick C. Wamil: Pangalawa po ay yung rental of transport vehicle related to confidential activities. 235 01:31:09,110 --> 01:31:10,350 Atty. Lorna Patajo-Kapunan: Pangatlo po 236 01:31:11,860 --> 01:31:19,000 Atty. Roderick C. Wamil: yung rentals and the incidental expenses related to the maintenance of safe houses. 237 01:31:22,420 --> 01:31:34,950 Atty. Roderick C. Wamil: Pangapat po yung purchase or rental of supplies. Materials and equipment for confidential operations that cannot be done through regular procedures without compromising the information guided activity concerned. 238 01:31:38,660 --> 01:32:09,320 Atty. Roderick C. Wamil: Panglima po yung payment of rewards to informers who must not be employees of the concerned government agency subject to three conditions. First is yung approval by the head of the agency. Second, it must be supported with documents evidencing the success of the information gathering and or surveillance activities on account of the information given by the informer. Pangatlo, it must be directly related to the conduct of the specific confidential activities of authorized agencies. 239 01:32:12,430 --> 01:32:21,850 Atty. Lorna Patajo-Kapunan: For purposes of the records, Your Honor, the witness cited 4.8.1 up to 4.8.7 of the joint circular. 240 01:32:23,660 --> 01:32:24,380 Atty. Lorna Patajo-Kapunan: 2015. 241 01:32:25,200 --> 01:32:27,700 Atty. Roderick C. Wamil: Anggang 4.8.5 pa lang po. 242 01:32:29,110 --> 01:32:31,550 Atty. Lorna Patajo-Kapunan: Sorry. What else, Mr. Witness? 243 01:32:32,530 --> 01:32:54,050 Atty. Roderick C. Wamil: Pang-anim po is to uncover or prevent illegal activities that pose a clear and present danger to the agency personnel or property or other facilities and resources under the agency protection done in coordination with the appropriate law enforcement agencies. and last po, yung others that may be authorized by the GAA or other special laws. 244 01:32:54,850 --> 01:33:18,530 Atty. Lorna Patajo-Kapunan: 4.8.1 up to 4.8.7 ang re-refer po ng ating witness of section 4.8 of the Joint Circular. Base rin sa Joint Circular na to, ano naman kung meron mga pwede, ano naman ang mga hindi pwede, yung mga bawal na confidential 245 01:33:23,320 --> 01:33:58,340 Atty. Roderick C. Wamil: Under 4.11 po, may specific expenses po na enumerate na hindi pwedeng paggamitan ng confidential fund. Una po yung salaries, wages, overtime, additional compensation, allowance or other fringe benefits of officials and employees who are employed by the government in whatever capacity or elected officials except when authorized by law. Pangalawa, yung representation, consultancy fees or entertainment expenses, at pangatlo, yung construction or acquisition of buildings or housing structures. 246 01:33:59,160 --> 01:34:11,190 Atty. Lorna Patajo-Kapunan: For the record, Your Honor, reference is made to 4.11, .1 up to .2, and as well as .3. 247 01:34:13,730 --> 01:34:33,310 Atty. Lorna Patajo-Kapunan: Mr. Witness, sa pag-interpret, when you interpret, these regulations and these joint circular and sections that you mentioned, ano, what terms of compliance are you thinking about? 248 01:34:35,110 --> 01:34:40,230 Atty. Lorna Patajo-Kapunan: Ito ba ay substantial compliance or strict compliance? 249 01:34:41,470 --> 01:34:43,670 Atty. Roderick C. Wamil: Strict compliance po, madam. 250 01:34:43,950 --> 01:34:48,420 Atty. Lorna Patajo-Kapunan: Bakit, Mr. Witness? Why do you follow 251 01:34:50,600 --> 01:34:54,140 Atty. Lorna Patajo-Kapunan: strict compliance instead of substantial compliance? 252 01:34:55,570 --> 01:35:06,290 Atty. Roderick C. Wamil: We follow po strict compliance since what is involved po ay public funds. So dapat strict yung accounting and auditing rules to prevent yung misuse ng fund. 253 01:35:07,880 --> 01:35:16,320 Atty. Lorna Patajo-Kapunan: At nagsaga, and this is express, I'm sorry, this is expressly stated in the joint circular. What you said, strict compliance? 254 01:35:19,660 --> 01:35:21,040 Atty. Roderick C. Wamil: Yes, ma'am. Okay. 255 01:35:21,580 --> 01:35:26,700 Atty. Lorna Patajo-Kapunan: Now, nine years ka, you said, sa koa ikfaw. With 256 01:35:26,700 --> 01:35:35,980 Sen. Francis "Chiz" G. Escudero: the permission of counsel. Mr. Witness, you mentioned, it is mentioned in the JMC that it should be strictly interpreted and you said it's in the JMC. Where? 257 01:35:36,760 --> 01:35:39,820 Atty. Roderick C. Wamil: Sa last paragraph po ng 1.0, Your Honor. 258 01:35:41,540 --> 01:35:45,780 Sen. Francis "Chiz" G. Escudero: Last paragraph ng 1.0? So in the rationale? 259 01:35:46,700 --> 01:35:47,640 Atty. Roderick C. Wamil: Yes, Your Honor. 260 01:35:47,840 --> 01:35:48,920 Sen. Francis "Chiz" G. Escudero: Thank you. You may proceed, counsel. 261 01:35:51,690 --> 01:36:05,520 Atty. Lorna Patajo-Kapunan: Now, Mr. Witness, you mentioned earlier na nine years can be the koa ikpao. at merong combination that you audited, post-audited certain government agencies during 262 01:36:07,310 --> 01:36:12,770 Atty. Lorna Patajo-Kapunan: your term. What years were you, incidentally, with the COA-ICPAO? 263 01:36:13,450 --> 01:36:20,710 Atty. Roderick C. Wamil: I was with the COA-ICPAO from September 2014 until February of 2024. 264 01:36:22,140 --> 01:36:32,910 Atty. Lorna Patajo-Kapunan: In this period of time, from 2014 to 2024, could you tell us How many vice-presidents have you audited? 265 01:36:34,570 --> 01:36:38,330 Atty. Roderick C. Wamil: Ang tanging nung time lang po ni vice-presidente Sara Duterte. 266 01:36:38,790 --> 01:36:42,870 Atty. Lorna Patajo-Kapunan: But there were three? Who were the vice-presidents during this period? 267 01:36:44,560 --> 01:36:59,540 Atty. Roderick C. Wamil: Ang naging mga vice-presidente po since I assumed with ICPAO in 2014 ay sa ating vice-president Binay at sa ating vice-president Lenny Robredo at yung ating incumbent vice-president po na si Sara Duterte. 268 01:36:59,800 --> 01:37:13,100 Atty. Lorna Patajo-Kapunan: So tatlong Vice President, Vice President Binay, Vice President Robreno, at Vice President Sara Duterte. Sino-sino sa kanila ang inaudit mo tungkol sa confidential funds? 269 01:37:14,240 --> 01:37:23,360 Atty. Roderick C. Wamil: Ang buhat po noong nag-assume ako noong 2014, tanging si Vice Presidente Sara Duterte lang po yung aking na-audit na may confidential funds. 270 01:37:23,680 --> 01:37:31,180 Atty. Lorna Patajo-Kapunan: Bakit, Mr. Witness? Bakit Vice President Sara Duterte lang ang inaudit mo? ng confidential funds. 271 01:37:32,040 --> 01:37:50,360 Atty. Roderick C. Wamil: Dahil po, since noong nag-asyon po ako noong 2014 sa ICPAU, wala pong naging appropriation for confidential funds si dating Vice President Binay at si dating Vice President Robredo. Tanging si Vice President Sara Duterte lang po yung nagkaroon ng appropriation for the confidential funds. 272 01:37:51,480 --> 01:38:02,050 Atty. Lorna Patajo-Kapunan: And in the same period of time, 2014 to 2024, Kasama ba sa mga national agencies na minensyon mo ang Department of Education? 273 01:38:04,300 --> 01:38:05,220 Atty. Roderick C. Wamil: Yes, ma'am. 274 01:38:05,320 --> 01:38:14,360 Atty. Lorna Patajo-Kapunan: And during this period, 2014 to 2024, sino-sino ang mga sekretaris ng Department of Education? 275 01:38:16,980 --> 01:38:32,790 Atty. Roderick C. Wamil: Sa pagkakaalala ko po, ang mga naging DepEd sekretaris po ay dating sekretary Loistro, dating sekretary Briones at ang ating vicepresidente in her concurrent capacity as the DepEd secretary during that time po. 276 01:38:33,270 --> 01:38:41,590 Atty. Lorna Patajo-Kapunan: At sino sa tatlong ito? Sino-sino sa mga sekretary ng DepEd ang inaudit mo for confidential funds? 277 01:38:42,620 --> 01:38:46,900 Atty. Roderick C. Wamil: Tanging si vicepresidente Sara Duterte lang po as the DepEd secretary. 278 01:38:47,460 --> 01:38:49,100 Atty. Lorna Patajo-Kapunan: Bakit, Mr. Witness? 279 01:38:49,480 --> 01:38:55,520 Atty. Roderick C. Wamil: Dahil siya lang po yung naging DepEd secretary na nagkaroon ng confidential funds ang DepEd. 280 01:38:55,960 --> 01:39:04,150 Atty. Lorna Patajo-Kapunan: And could you tell us how much was the confidential funds of the Vice President that you said you audited? 281 01:39:05,710 --> 01:39:09,050 Atty. Roderick C. Wamil: May I clarify kung anong office po yung tinutukoy niya? 282 01:39:09,070 --> 01:39:10,490 Atty. Lorna Patajo-Kapunan: Office of the Vice President. 283 01:39:10,930 --> 01:39:28,060 Atty. Roderick C. Wamil: So office of the Vice President po... Ang kanilang naging confidential fund ay from the fourth quarter of 2022 until third quarter of 2023 ay 125 million pesos per quarter. So ang total po nun ay 500 million pesos. 284 01:39:30,180 --> 01:39:36,120 Atty. Lorna Patajo-Kapunan: Magkano naman ang confidential funds na inaudit mo sa DepEd, Department of Education? 285 01:39:37,260 --> 01:39:58,500 Atty. Roderick C. Wamil: Ang inaudit ko naman po sa Department of Education Since ang kanilang cash advances ay from the first quarter of 2023 until the third quarter of 2023, at meron silang 37.5 million pesos quarterly cash advances, so ang naging total punon ay 112.5 million pesos. 286 01:40:00,350 --> 01:40:14,100 Atty. Lorna Patajo-Kapunan: Thank you, Mr. Witness. Ngayon, you said that you conducted a post audit of both offices. Pag nagko-conduct ng post audit, ano ang nirequire na documents? para sa confidential funds. 287 01:40:14,780 --> 01:40:26,000 Atty. Roderick C. Wamil: Ang nire-require po namin na documents ay yung mga requirements as provided under the Joint Circular 2015-01 o yung mga tinatawag na liquidation documents po. 288 01:40:27,240 --> 01:40:29,740 Atty. Lorna Patajo-Kapunan: Ano-ano ang mga liquidation documents na to? 289 01:40:31,440 --> 01:41:20,570 Atty. Roderick C. Wamil: Based on the Joint Circular po, yung mga liquidation documents na yun ay yung kanilang liquidation reports, yung disbursement voucher na ginamit nila, land bank checks, yung obligation request, yung kanilang physical and financial plan, yung kanilang accomplishment reports po, and yung proof of submission nun to the Office of the President, the Senate President, and the Speaker of the House, yung certification of the accountable officers on the utilization of the confidential fund. yung designation po nung special dispersing officer kapag hindi si head of agency yung magiging dispersing officer, yung fidelity ban ng accountable officers at yung kanilang specimen signatures po. 290 01:41:21,350 --> 01:41:50,210 Atty. Lorna Patajo-Kapunan: Your Honor, please, these liquidation documents submitted by the Office of the Vice President and the DepEd are among the stipulated documents of the counsel for the respondent, Your Honor. But for easy reference, may we also ask permission to flash them on the screen for the better appreciation of the senator-judges. And may 291 01:41:50,210 --> 01:41:58,230 Atty. Lorna Patajo-Kapunan: I ask Attorney Peña to please show these documents to our witness for purposes of comparison. 292 01:41:58,240 --> 01:42:21,790 Sen. Francis "Chiz" G. Escudero: Assisting counsel may approach the witness. Likewise, assisting counsel for the respondent, if they so wish. This is for the information of the Senator-Judges, given that the documents stipulated earlier were merely enumerated, so that the Senator-Judges may be appraised of the documents that have already been admitted to and stipulated to by both parties. Counsel may proceed. 293 01:42:21,800 --> 01:42:47,790 Atty. Lorna Patajo-Kapunan: Thank you, Your Honor. Since stipulated, there's no need really to compare. I am showing now to you, and this is being flashed on the screen with the kind permission of residing judge, a copy of a physical financial plan approved on December 13, 2022, marked as Exhibit P-1-14 for the prosecution. 294 01:42:49,740 --> 01:42:58,060 Atty. Lorna Patajo-Kapunan: And likewise, for the record on the part of the defense, marked as D-1-23-OVP. That's correct, Your Honor. Yes, Your Honor. 295 01:42:59,190 --> 01:43:00,690 Sen. Francis "Chiz" G. Escudero: Will the witness please respond? 296 01:43:02,740 --> 01:43:08,710 Atty. Lorna Patajo-Kapunan: Sa bottom portion, sa bottom portion, 297 01:43:11,510 --> 01:43:19,120 Atty. Lorna Patajo-Kapunan: there appears a signature under the words. Meron pong signature sa words, 298 01:43:23,470 --> 01:43:25,390 Atty. Lorna Patajo-Kapunan: approved by. 299 01:43:27,490 --> 01:43:29,710 Atty. Lorna Patajo-Kapunan: Anong ibig sabihin ng approved by? 300 01:43:32,910 --> 01:43:41,630 Atty. Roderick C. Wamil: Ang ibig sabihin po ng approved by ay in-approve po noong nakapirma yung contents noong physical and financial plan po based on that document. 301 01:43:46,140 --> 01:44:00,220 Atty. Lorna Patajo-Kapunan: At sinabi mo, approved by ay in-approve kung sino man ang nakalagay na signature dyan. Kaninong signature naman ang nasa bottom portion ng ating Exhibit 1-14? 302 01:44:01,430 --> 01:44:04,250 Atty. Roderick C. Wamil: Ang kay Vice Presidente Sara Duterte po. 303 01:44:04,490 --> 01:44:10,750 Atty. Lorna Patajo-Kapunan: Why are you familiar? Bakit mo kilala? Bakit mo alam ang signature ni Vice President Duterte? 304 01:44:12,160 --> 01:44:28,400 Atty. Roderick C. Wamil: Dahil among their submissions po ay yung kanilang specimen signatures at kasama po doon yung specimen signature po ni Vice President. At yung kanyang pirma po doon sa specimen signature submitted ay kaparehas po ng pirma niya dito sa physical and financial plan na ito. 305 01:44:32,620 --> 01:44:38,640 Atty. Lorna Patajo-Kapunan: Pinakita sa iyo ang isang physical financial plan which you said is 306 01:44:40,430 --> 01:44:55,550 Atty. Lorna Patajo-Kapunan: a faithful reproduction of the submissions. And this is now being shown on the screen. Ano? Ano-ano ang observations mo dito sa physical and financial plan approved on December 13, 2022? 307 01:44:57,200 --> 01:45:19,120 Atty. Roderick C. Wamil: Hindi po siya compliant to the Joint Circular dahil yung first column, which is the programs, activities, and projects, hindi po inindicate ni ng OBP yung kanilang specific confidential activities na kanilang paggagamitan ng confidential plan as required under item 4.2 of the Joint Circular. 308 01:45:19,480 --> 01:45:32,320 Atty. Lorna Patajo-Kapunan: Hindi ito specific according to you and according to 4.2 of the Joint Circular. Can you please enlighten us ano itong section 4.2 ng Joint Circular? 309 01:45:33,420 --> 01:45:37,940 Atty. Roderick C. Wamil: Under item 4.2 po ng Joint Circular, all 310 01:45:39,800 --> 01:45:55,220 Atty. Roderick C. Wamil: Request or allocations for CF must be supported with a physical and financial plan which must indicate the proposed amount allocated for each program and activity dahil ito po yung magiging basis for the disbursement ng kanilang confidential fund. 311 01:45:55,690 --> 01:45:59,430 Atty. Lorna Patajo-Kapunan: At yung mga sinabi mo, nakikita ba dyan sa dokumentong yan? 312 01:46:00,340 --> 01:46:11,370 Atty. Roderick C. Wamil: Wala. Based po on this subinter-physical and financial plan, hindi po nakikita rito yung kanilang specific confidential activities na kanilang pagbabasihan sa kanilang disbursement. 313 01:46:14,950 --> 01:46:22,950 Atty. Lorna Patajo-Kapunan: Apart from this, yung nakita mo sa column 1, ano pang ibang observations ang masasabi mo dito sa dokumentong ito? 314 01:46:24,620 --> 01:46:43,340 Atty. Roderick C. Wamil: Since yung columns for the expected outcome as well as yung column for the physical target, mas match po yung specific confidential activities. So hindi rin po nakamatch or hindi rin compliant yung Colmes po, as mentioned. 315 01:46:44,370 --> 01:46:50,090 Atty. Lorna Patajo-Kapunan: At bakit? Why do you say na hindi compliant na rin to sa Joint Circular? 316 01:46:50,850 --> 01:47:09,490 Atty. Roderick C. Wamil: Dahil po, since hindi naman inindicate po dito ni Office of the Vice President yung kanilang specific confidential activities, so hindi po na much based on the information as presented po sa document na ito, yung laman, yung expected outcome, at yung physical target doon sa kanilang specific confidential activities. 317 01:47:10,300 --> 01:47:17,400 Atty. Lorna Patajo-Kapunan: And as you stated, what express provision of the Joint Circular does this violate? 318 01:47:18,270 --> 01:47:21,270 Atty. Roderick C. Wamil: The item 4.2 po of the Joint Circular 319 01:47:21,270 --> 01:47:22,610 Atty. Lorna Patajo-Kapunan: 2015-01. 4 320 01:47:22,610 --> 01:47:23,810 Atty. Lorna Patajo-Kapunan: 4.2 na pinakita natin sa screen. 321 01:47:25,460 --> 01:47:48,540 Atty. Lorna Patajo-Kapunan: Our next document, Mr. Witness, which we shall show you, is now a certified true copy of Land Bank of the Philippines, check number 000244027. dated December 20, 2022, Exhibit P-1-11-A, common exhibit of both prosecution and defense. 322 01:47:51,340 --> 01:47:53,940 Atty. Lorna Patajo-Kapunan: Likewise being flashed on the screen, Your Honor. 323 01:48:05,750 --> 01:48:22,950 Atty. Lorna Patajo-Kapunan: Mr. Witness, what is the significance? Ano ang significance ng check na pinapakita na ito in relation to your audit? of the Office of the Vice President's Confidential Funds. 324 01:48:25,200 --> 01:48:31,120 Atty. Roderick C. Wamil: Ang significance po ng cheque ay ito po yung proof na pwede na nalang i-withdraw yung kanilang cash advance. 325 01:48:34,230 --> 01:48:57,120 Atty. Lorna Patajo-Kapunan: Na pwedeng i-withdraw na yung cash advance. Ngayon naman, punta tayo sa another document. I will show you now a disbursement voucher. Dated December 20, 2022. Again, common exhibit. For the prosecution, this is exhibit P-1-10-A. For the period December 20, 2022. 326 01:49:03,980 --> 01:49:05,940 Atty. Lorna Patajo-Kapunan: In the middle of this document, 327 01:49:07,740 --> 01:49:35,740 Atty. Lorna Patajo-Kapunan: In the middle of this document, there appears a signature under the words, quote, Certified Expense. cash advance necessary, lawful and incurred under my direct supervision and control. Anong ibig sabihin itong certified expense under my direct supervision? 328 01:49:37,320 --> 01:49:44,400 Atty. Michael Wesley Poa: Your Honors, kindly we would like to object on that one. Your Honors, that calls for a conclusion of law. 329 01:49:45,700 --> 01:49:46,600 Sen. Francis "Chiz" G. Escudero: I'm sorry, counsel? 330 01:49:46,860 --> 01:49:52,020 Atty. Michael Wesley Poa: That will call for a conclusion of law on the part of the witness, Your Honor. They're asking for what that means for the witness. 331 01:49:52,320 --> 01:50:00,340 Sen. Francis "Chiz" G. Escudero: Only insofar as how the witness interprets this provision given that he audited these documents and are part of the submission. Witness may answer. 332 01:50:02,370 --> 01:50:14,570 Atty. Roderick C. Wamil: Based on this disbursement voucher po, sinertify po ni Vice President na yung kanilang cash advance ay kailangan na ayon sa batas at na-incorpo under her direct supervision. 333 01:50:17,160 --> 01:50:23,290 Atty. Lorna Patajo-Kapunan: And there is a signature here in this document. Whose signature is this, if you know? 334 01:50:24,830 --> 01:50:29,330 Atty. Roderick C. Wamil: May I clarify kung anong signature po yung tinatukoy? Ah, yung sa... 335 01:50:29,330 --> 01:50:34,660 Atty. Lorna Patajo-Kapunan: Above the name, Sara Z. Duterte. 336 01:50:34,860 --> 01:50:38,280 Atty. Roderick C. Wamil: That is the signature po of the Vice President, Sara Duterte. 337 01:50:39,570 --> 01:50:45,350 Atty. Lorna Patajo-Kapunan: What else, if any, observation can you make as regards this document? 338 01:50:48,110 --> 01:51:17,030 Atty. Roderick C. Wamil: Under the particulars portion po, nakalagay na yung cash advance is for calendar year 2022 which is not compliant po with the joint circular since under the joint circular po, the disbursement voucher shall state the duration of the implementation of the project pero since this cash advance is for the fourth quarter 2022 so hindi po tama yung nakalagay dito na yung cash advance is for the calendar year 2022. 339 01:51:17,900 --> 01:51:23,810 Atty. Lorna Patajo-Kapunan: At ano naman again? Ano ang violation nito sa Joint Circular? 340 01:51:24,720 --> 01:51:28,760 Atty. Roderick C. Wamil: May I refer po to the Joint Circular, Your Honor, for the specific provision? 341 01:51:29,020 --> 01:51:31,680 Sen. Francis "Chiz" G. Escudero: Witness may refer to the Joint Circular previously, Mark. 342 01:51:54,690 --> 01:52:02,010 Atty. Roderick C. Wamil: The specific provision po is the second sentence po ng item 6.1.5 of the Joint Circular 2015-01. 343 01:52:02,860 --> 01:52:07,900 Atty. Lorna Patajo-Kapunan: Being flashed on the screen, Your Honor, Presiding Officer, with your kind permission. 344 01:52:08,650 --> 01:52:09,810 Sen. Francis "Chiz" G. Escudero: You may do so, Counsel. 345 01:52:15,790 --> 01:52:20,980 Atty. Lorna Patajo-Kapunan: Can you read? For the record, 6.1.5. 346 01:52:22,550 --> 01:53:09,120 Atty. Roderick C. Wamil: 6.1.5 of the Joint Circular. Cash advances shall be limited to the requirements for three months. The disbursement voucher shall clearly state the duration of implementation of the projects. If the implementation of the projects will extend to more than three months, additional amount may be granted only after the liquidation of the previous cash advance. If on the other hand, cash advances are drawn monthly, liquidation shall be done monthly. Cash advances shall be granted only upon the certification of the agency accountant stamped or printed on the disbursement voucher that previous cash advance for the same purpose, project, or activity given to the SDO requesting cash advance has been liquidated and proper accounting thereof was made in accordance with this joint circular. 347 01:53:13,420 --> 01:53:34,280 Atty. Lorna Patajo-Kapunan: Ngayon naman, I will show you. Liquidation ang pinag-uusapan. I will show you a liquidation report dated January 10, 2023. Again, common exhibit. This is prosecution's exhibit P-1-9-A. A liquidation report dated January 10, 2023. 348 01:53:39,160 --> 01:53:55,910 Atty. Lorna Patajo-Kapunan: In the middle of this document, by the bottom, there appears a signature under the words Certified Purpose of travel cash advance duly accomplished, Mr. Witness. 349 01:53:59,830 --> 01:54:02,790 Atty. Lorna Patajo-Kapunan: And this certification... 350 01:54:02,790 --> 01:54:11,190 Sen. Francis "Chiz" G. Escudero: Counsel, just to correct you, certified purpose of cash advance duly accomplished. There is no word travel. 351 01:54:15,130 --> 01:54:16,310 Atty. Lorna Patajo-Kapunan: Yes, Your Honor. Do 352 01:54:16,310 --> 01:54:16,830 Sen. Francis "Chiz" G. Escudero: Do you confirm, counsel? 353 01:54:17,050 --> 01:54:21,050 Atty. Lorna Patajo-Kapunan: Yes, Your Honor. Certified purpose of travel cash advance... 354 01:54:21,050 --> 01:54:25,610 Atty. Lorna Patajo-Kapunan: Of cash advance. Of cash advance... Duly accomplished. 355 01:54:26,290 --> 01:54:33,510 Atty. Lorna Patajo-Kapunan: Thank you for the correction, Your Honor. What does this mean in terms of your audit? 356 01:54:35,480 --> 01:54:42,380 Atty. Roderick C. Wamil: This means po na sinertify po ni Vice President na yung layunin ng cash advance ay kanilang na-accomplish. 357 01:54:44,640 --> 01:54:49,330 Atty. Lorna Patajo-Kapunan: And you said the Vice President? Whose signature is that? 358 01:54:50,660 --> 01:54:54,120 Atty. Roderick C. Wamil: That is the signature po of the Vice President, Sara Duterte. 359 01:54:55,230 --> 01:55:00,370 Atty. Lorna Patajo-Kapunan: What is the significance of her signature to this document? If any. 360 01:55:01,080 --> 01:55:11,420 Atty. Roderick C. Wamil: Ang significance po nung kanyang firma dito ay kanya nga pong sinertify na yung purpose po nung kanilang cash advance from the confidential fund ay na-accomplish po ng agency. 361 01:55:13,380 --> 01:55:19,740 Atty. Lorna Patajo-Kapunan: And what are your observations? Ano ang mga observations mo, if any, sa dokumentong ito? 362 01:55:22,340 --> 01:55:48,110 Atty. Roderick C. Wamil: Actually, it is one of the pro forma annexes po nung Joint Circular 2015-01. Siguro ang napansin ko lang dito ay yung period covered na December 21 to 31, 2022 since the cash advance was supposedly for the fourth quarter of the 2022 of the OBP. Pero other than that naman po, this document is compliant naman po with the requirement of the Joint Circular 2015-01. 363 01:55:48,450 --> 01:55:53,390 Atty. Lorna Patajo-Kapunan: Again, para maintindihan namin, sabi mo ang na-observe mo ay yung period, 364 01:55:54,970 --> 01:55:56,770 Atty. Lorna Patajo-Kapunan: Mr. Witness. 365 01:55:58,390 --> 01:56:00,010 Atty. Lorna Patajo-Kapunan: Anong period covered dito? 366 01:56:00,880 --> 01:56:06,920 Atty. Roderick C. Wamil: Based on this liquidation report po, ang period covered ay December 21 to 31, 2022. 367 01:56:07,520 --> 01:56:11,980 Atty. Lorna Patajo-Kapunan: What is the significance? Bakit mo napansin itong period na to? 368 01:56:12,720 --> 01:56:30,700 Atty. Roderick C. Wamil: Napansin ko lang naman po yun kasi yung kanilang cash advance based on the physical and financial plan po supposedly is for the A whole fourth quarter of 2022. Pero based on this document po, na-disperse lang siya from December 21 to 31, 2022 or around 11 days. 369 01:56:31,500 --> 01:56:34,380 Atty. Lorna Patajo-Kapunan: Sinabi mo, whole quarter of 2022. 370 01:56:36,670 --> 01:56:53,290 Atty. Lorna Patajo-Kapunan: September, no, November, October, sandali. Can you enlighten me anong quarter dapat siyon? October, November, December. ang sinasabi mong three quarters. 371 01:56:53,730 --> 01:56:55,390 Atty. Roderick C. Wamil: Three months po. 372 01:56:55,410 --> 01:57:00,480 Atty. Lorna Patajo-Kapunan: Three months. Three months for the fourth quarter. Tama? 373 01:57:01,020 --> 01:57:01,820 Atty. Roderick C. Wamil: Yes, ma'am. 374 01:57:01,960 --> 01:57:09,700 Atty. Lorna Patajo-Kapunan: Three months for the fourth quarter, pero sabi mo ang ginastos na funds. Magkano ang ginastos na funds? 375 01:57:10,510 --> 01:57:14,730 Atty. Roderick C. Wamil: Based on the documents, po, submitted, 125 million pesos po. 376 01:57:14,930 --> 01:57:16,390 Atty. Lorna Patajo-Kapunan: In these three quarters? 377 01:57:18,300 --> 01:57:19,320 Atty. Lorna Patajo-Kapunan: Three months? 378 01:57:20,330 --> 01:57:30,750 Atty. Roderick C. Wamil: Based on the document po, it was supposed to be spent for the fourth quarter of 2022, so three months po, supposedly. Bakit supposedly, 379 01:57:31,110 --> 01:57:31,690 Atty. Lorna Patajo-Kapunan: Mr. Witness? 380 01:57:32,830 --> 01:57:39,870 Atty. Roderick C. Wamil: Dahil yun po yung supposed coverage nung kanilang cash advance for their confidential activities. 381 01:57:42,120 --> 01:57:46,020 Atty. Lorna Patajo-Kapunan: At sinabi mo kanina, 11 days ito ginastos, tama? 382 01:57:46,720 --> 01:57:48,540 Atty. Roderick C. Wamil: Based on the document, yes, ma'am. 383 01:57:48,900 --> 01:58:08,710 Atty. Lorna Patajo-Kapunan: Now, I'm showing to you now. Another document which is an accomplishment report previously marked as prosecution's exhibit P-107-A-I. Again, stipulated document, common document with the defense. 384 01:58:11,200 --> 01:58:13,400 Atty. Lorna Patajo-Kapunan: What relation does this have? 385 01:58:15,580 --> 01:58:19,780 Atty. Lorna Patajo-Kapunan: We request permission to have it flashed on the screen as well. 386 01:58:20,160 --> 01:58:23,280 Sen. Francis "Chiz" G. Escudero: You may do so, counsel. Clerk of court is so directed. 387 01:58:23,800 --> 01:58:25,200 Atty. Roderick C. Wamil: Can you repeat the question, ma'am? 388 01:58:28,110 --> 01:58:32,210 Atty. Lorna Patajo-Kapunan: No. Look at the screen and look at your document. 389 01:58:36,750 --> 01:58:43,810 Atty. Lorna Patajo-Kapunan: What is the relationship of this accomplishment report that 390 01:58:45,320 --> 01:58:52,700 Atty. Lorna Patajo-Kapunan: I am showing you in relation to those documents submitted by the Office of the Vice President? 391 01:58:55,240 --> 01:59:00,260 Atty. Roderick C. Wamil: This is the same accomplishment report po na sinubmit ni Office of the Vice President sa IGPOW. 392 01:59:00,820 --> 01:59:07,240 Atty. Lorna Patajo-Kapunan: Okay. And there appears here in this document under the words, Approved by. 393 01:59:10,530 --> 01:59:12,350 Atty. Lorna Patajo-Kapunan: Whose signature is this? 394 01:59:14,400 --> 01:59:17,660 Atty. Roderick C. Wamil: It is the signature po of the Vice President, Sara Duterte. 395 01:59:19,080 --> 01:59:26,700 Atty. Lorna Patajo-Kapunan: And the annotation, Approved by. In terms of your audit, what does this signify, if any? 396 01:59:28,260 --> 01:59:35,560 Atty. Roderick C. Wamil: It signifies po that the signatory or the Vice President approved the contents of this accomplishment report. 397 01:59:37,170 --> 01:59:45,770 Atty. Lorna Patajo-Kapunan: In relation to this particular document, what observations? Ano-ano ang napansin mo sa dokumentong ito? 398 01:59:47,370 --> 01:59:56,150 Atty. Roderick C. Wamil: Napansin ko po na hindi po inenumerate ng Office of the Vice President yung kanilang specific confidential activities na kanilang ginawa. 399 01:59:57,470 --> 02:00:02,680 Atty. Lorna Patajo-Kapunan: Kailangan bang inumerate yan? Yes, ma'am. Bakit, Mr. Witness? 400 02:00:03,160 --> 02:00:24,020 Atty. Roderick C. Wamil: Doon po kasi namin tinitignan sa audit ng ICFAO kung yung, kung sila ay, kung yung kanilang confidential expenses or activities ay compliant doon sa item 4.8 ng Joint Circular 2015-01. Para malaman po namin kung yung kanilang expenses ay among the allowable expenses as provided under the Joint Circular 2015-01. 401 02:00:24,420 --> 02:00:32,860 Atty. Lorna Patajo-Kapunan: So what basis did you have? to determine if these were allowable expenses kung wala naman dokumento. 402 02:00:34,160 --> 02:00:44,060 Atty. Roderick C. Wamil: Katulad nga po nung sinabi ko, ang basis namin to determine if allowable expenses ay yung item 4.8 of the Joint Circular 2015-01. 403 02:00:45,710 --> 02:01:11,450 Atty. Lorna Patajo-Kapunan: Now, I'm now showing to you a certified copy of the Office of the Vice President certification dated January 10, 2022. Notarized on January 16, 2023. Prosecutions exhibit P-1.6-A. Likewise, a common exhibit with the defense previously stipulated. Being flashed on the screen with the kind permission of this court. 404 02:01:12,820 --> 02:01:13,660 Sen. Francis "Chiz" G. Escudero: Counsel Mayduso. 405 02:01:26,100 --> 02:01:28,320 Atty. Lorna Patajo-Kapunan: Dito sa baba, may 406 02:01:31,040 --> 02:01:34,560 Atty. Lorna Patajo-Kapunan: pirma sa ilalim ng mga salitang attested. 407 02:01:37,580 --> 02:01:41,380 Atty. Lorna Patajo-Kapunan: Kaninong signature itong nakikita natin dito? 408 02:01:42,700 --> 02:01:46,000 Atty. Roderick C. Wamil: Ito po ay signature ni Vice Presidente Sara Duterte. 409 02:01:46,600 --> 02:01:52,660 Atty. Lorna Patajo-Kapunan: At anong ibig sabihin under your circular ng attested? 410 02:01:54,110 --> 02:02:01,650 Atty. Roderick C. Wamil: Ang ibig sabihin po ng attested ay kanyang kinoconfirm at bine-verify na yung contents nung certification na ito ay totoo. 411 02:02:02,690 --> 02:02:08,230 Atty. Lorna Patajo-Kapunan: What other observations? Ano pa ang mga na-observe mo sa dokumentong ito? 412 02:02:10,840 --> 02:02:16,560 Atty. Roderick C. Wamil: Ang napansin ko po dito yung date of execution ng certification, January 10, 2022. 413 02:02:19,310 --> 02:02:23,630 Atty. Lorna Patajo-Kapunan: Ano pa? January 10, 2022. Why is this significant? 414 02:02:24,270 --> 02:02:31,550 Atty. Roderick C. Wamil: Because it is supposedly the date of the execution ng certification pero yung kanilang cash advance ay for the fourth quarter of 2022. 415 02:02:35,330 --> 02:02:40,210 Atty. Lorna Patajo-Kapunan: Yung cash advance nila ay para sa anong period? 416 02:02:40,860 --> 02:02:43,200 Atty. Roderick C. Wamil: For the fourth quarter po of 2022. 417 02:02:44,690 --> 02:02:48,150 Atty. Lorna Patajo-Kapunan: Pero ang certification ay January 10, 2022. 418 02:02:48,930 --> 02:02:51,050 Atty. Roderick C. Wamil: Yes po, based on this document po. 419 02:02:51,150 --> 02:02:53,590 Atty. Lorna Patajo-Kapunan: And based on this document, when was it notarized? 420 02:02:54,570 --> 02:02:58,410 Atty. Roderick C. Wamil: It was notarized po on January 16, 2023. 421 02:02:59,620 --> 02:03:01,440 Atty. Lorna Patajo-Kapunan: 2023, okay. 422 02:03:05,100 --> 02:03:17,300 Atty. Lorna Patajo-Kapunan: Ano naman? In your observation, what provision of the Joint Circular does this certification violate? 423 02:03:18,600 --> 02:03:27,100 Atty. Roderick C. Wamil: Actually, ito po yung isa sa pro forma annexes ng Joint Circular. So, wala naman po kaming nakitang violation aside from the date of the execution. 424 02:03:29,700 --> 02:03:37,710 Atty. Lorna Patajo-Kapunan: So, yung sinasabi mo, nakikita dito, yung discrepancy ng mga dates. 425 02:03:38,650 --> 02:03:41,710 Atty. Roderick C. Wamil: Based on this document po, yes ma'am, may discrepancy yung dates. 426 02:03:42,030 --> 02:03:45,950 Atty. Lorna Patajo-Kapunan: Okay. Now, dahil dyan, what action did you take, if any? 427 02:03:49,950 --> 02:03:51,130 Atty. Roderick C. Wamil: After what po, ma'am? 428 02:03:51,470 --> 02:03:55,210 Atty. Lorna Patajo-Kapunan: After itong nakikita mong certification? 429 02:03:57,330 --> 02:04:19,650 Atty. Roderick C. Wamil: Ang naging action po namin, actually, yung naging audit namin is yung for the whole of the liquidation documents na sinamit ng OBP. Pero dito po, wala po kaming naging particular finding dito. Sinasabi ko nga po, it is one of the annexes po under the Joint Circular 2015-01 and they submitted naman po yung certification as required. 430 02:04:21,010 --> 02:04:44,610 Atty. Lorna Patajo-Kapunan: Earlier, nagpakita tayo ng certain liquidation documents, yung physical and financial plan, yung disbursement vouchers, yung land bank check, yung liquidation report. What actions did you take, if any, after your evaluation of these documents submitted by the Office of the Vice President? 431 02:04:45,230 --> 02:05:02,830 Atty. Roderick C. Wamil: After the evaluation po of... Those documents, since I noted that the documents are not compliant with the requirements of the Joint Circular 2015-01, I drafted po an audit observation memorandum which I submitted for review to my division chief. 432 02:05:04,670 --> 02:05:13,970 Atty. Lorna Patajo-Kapunan: Can you tell us, Mr. Witness, anong ibig sabihin ng audit observation memorandum or AOM? 433 02:05:15,160 --> 02:05:38,130 Atty. Roderick C. Wamil: Ang audit... Observation Memorandum po under the Joint Circular 2015-01 ay written notification to the accountable officers explaining to them or informing them the deficiencies po noted during the audit and requiring them to submit an explanation or to submit the documents being sought po dun sa AOM or both. 434 02:05:41,300 --> 02:05:44,840 Atty. Lorna Patajo-Kapunan: So, itong AOM was 435 02:05:46,570 --> 02:05:52,270 Atty. Lorna Patajo-Kapunan: on account of sinasabi mong discrepancies. 436 02:05:52,870 --> 02:05:53,710 Atty. Roderick C. Wamil: Yes, ma'am. 437 02:05:53,810 --> 02:06:05,250 Atty. Lorna Patajo-Kapunan: Na-point out mo na dito sa Honorable Court now. If I show you a copy of this audit, observation, memorandum that you mentioned, please identify the same. 438 02:06:06,570 --> 02:06:09,070 Sen. Francis "Chiz" G. Escudero: Assisting counsel for both parties may approach the witness. 439 02:06:10,350 --> 02:06:25,970 Atty. Lorna Patajo-Kapunan: Your Honor, please again, this is a common exhibit. This is exhibit P-1-12-A, dated September 14. 2023 for the prosecution. Likewise, a defense exhibit, Your Honor. 440 02:06:52,030 --> 02:07:08,510 Atty. Lorna Patajo-Kapunan: For the record, the witness is looking, well, is examining an audit observation memorandum dated September 14, 2023 covering the period December 21 to 31, 2022 or an 11-day period. 441 02:07:13,330 --> 02:07:14,290 Sen. Francis "Chiz" G. Escudero: Proceed, counsel. 442 02:07:14,530 --> 02:07:28,940 Atty. Lorna Patajo-Kapunan: Can you tell us, Mr. Witness, what were your findings, if any? In relation to the audit of the Office of the Vice President's 4th Quarter Confidential Funds Liquidation. 443 02:07:29,920 --> 02:07:54,400 Atty. Roderick C. Wamil: Yung audit po ng Confidential Fund ng 4th Quarter of 2022 of the OBP disclosed that una, yung kanilang physical and financial plan ay hindi compliant dun sa requirements ng Joint Circular 2015-01. dahil hindi po inindicate nung OBP yung kanilang specific confidential activities na pagagabitan nila ng kanilang cash advance. So 444 02:07:54,400 --> 02:08:01,760 Atty. Lorna Patajo-Kapunan: una, hindi compliant and physical and financial plan ng Office of the Vice President. And 445 02:08:01,760 --> 02:08:13,060 Atty. Roderick C. Wamil: under the same item din po, yung kanilang accomplishment report ay hindi rin compliant dahil hindi rin po naka-indicate doon yung kanilang specific confidential activities na pinagamitan nila nung kanilang cash advance. 446 02:08:13,660 --> 02:08:24,500 Atty. Lorna Patajo-Kapunan: Your Honor, for easy reference, we are flashing these particular portions of the document being referred to by the witness. Ano pa, Mr. Witness? 447 02:08:26,440 --> 02:08:38,920 Atty. Roderick C. Wamil: Pangalawa po, hindi po sinubmit ng Office of the Vice President yung kanilang documentary evidence of payments as required under item 4.12 of the Joint Circular 2015-01. 448 02:08:39,180 --> 02:08:48,820 Atty. Lorna Patajo-Kapunan: Can you remind us, ano-ano itong mga dokumento? na dapat sinubmit ng Office of the Vice President to liquidate for confidential funds. 449 02:08:49,240 --> 02:09:17,290 Atty. Roderick C. Wamil: Under the Joint Circular 2015-01, yung documents po na dapat isubmit nung agencies concerned po ay una yung kanilang liquidation report as proof of the liquidation. Pangaliwa, yung kanilang mga documents na ginamit nila sa grant ng Cash Advance which include disbursement voucher, yung cheque, yung obligation request, yung physical and financial plan at yung 450 02:09:19,470 --> 02:09:58,800 Atty. Roderick C. Wamil: Kasama din po yung accomplishment report nung agency, quarterly accomplishment report at yung proof of submission to the Office of the President, the Senate President and the Speaker of the House. Yung certification po nung accountable officer on the utilization of the confidential fund. Yung designation nung special disbursing officer in case the head of the agency ay hindi po yung SDO. Yung specimen signatures po nung signatories nung documents. yung fidelity bond, po, yung certification from the agency accountant na walang unliquidated cash advances, yung SDO. At 451 02:09:58,800 --> 02:10:00,700 Atty. Lorna Patajo-Kapunan: sinabi mo earlier, So 452 02:10:00,700 --> 02:10:03,560 Atty. Roderick C. Wamil: these 453 02:10:03,560 --> 02:10:15,480 Atty. Lorna Patajo-Kapunan: are the documentary evidence required. Sinabi mo earlier in your testimony that there were discrepancies and insufficiencies in this document submitted. 454 02:10:16,160 --> 02:10:17,180 Atty. Roderick C. Wamil: Yes, ma'am. 455 02:10:18,220 --> 02:10:20,400 Atty. Lorna Patajo-Kapunan: Ano pa ang observation mo, Mr. Witness? 456 02:10:21,200 --> 02:10:46,760 Atty. Roderick C. Wamil: Yung pangatlo po, yung disbursement voucher po ay, yung approval portion nung disbursement voucher ay, actually, katulad nga po nang nasabi ko kanina, yung disbursement voucher, ang nakalagay na period covered ay calendar year 2022, which is inconsistent with the physical and financial plan dahil ang naka-indicate po doon sa physical and financial plan, yung cash advance ay for the fourth quarter of 2022. 457 02:10:49,510 --> 02:10:51,230 Atty. Lorna Patajo-Kapunan: Okay. Ano pa? Meron pa ba? 458 02:10:51,770 --> 02:10:53,030 Atty. Roderick C. Wamil: Yun lang po, ma'am. 459 02:10:54,290 --> 02:10:59,400 Atty. Lorna Patajo-Kapunan: Merong mga sanyamit rin sa iyong mga acknowledgement receipts. Mr. Witness? 460 02:11:00,610 --> 02:11:01,990 Atty. Roderick C. Wamil: Pwedeng paulit po ng tanong. 461 02:11:03,710 --> 02:11:19,450 Atty. Lorna Patajo-Kapunan: Wala pa. Sa quarter na to, wala pa. Okay. Ngayon, in the last page of this document, there appears a signature on top of the name, Nilda Plaras. Who is this Nilda Plaras, if you know? 462 02:11:20,560 --> 02:11:26,100 Atty. Roderick C. Wamil: Si Assistant Commissioner Nilda Plaras po yung head of the ICPAO during this time po. 463 02:11:26,580 --> 02:11:30,560 Atty. Lorna Patajo-Kapunan: And how do you know that this is her signature? I 464 02:11:30,560 --> 02:11:37,280 Atty. Roderick C. Wamil: saw her sign other documents and her signature on those documents is the same po with her signature in this AOM. 465 02:11:39,860 --> 02:11:49,800 Atty. Lorna Patajo-Kapunan: Pagkatapos na issue ng COA ICPAO ng office mo, itong Audit Observation Memorandum. What happened next, if any? 466 02:11:51,230 --> 02:11:55,790 Atty. Roderick C. Wamil: After po ma-issue, tama po ba yung tanong, ma-issue? 467 02:11:58,120 --> 02:12:01,480 Atty. Lorna Patajo-Kapunan: Yes, pagkatapos na-issue ng... 468 02:12:01,480 --> 02:12:17,620 Atty. Roderick C. Wamil: After ma-issue, actually, after ma-issue po ba yung tanong niya, ma'am? Issue, I'm sorry. After ma-issue po yung AOM, inattempt po namin sa IKPOW, inattempt nung IKPOW na iserve yung AOM doon sa office address ni Office of the Vice President. 469 02:12:17,860 --> 02:12:20,420 Atty. Lorna Patajo-Kapunan: Naserve ba ito sa Office of the Vice President? 470 02:12:20,840 --> 02:12:27,760 Atty. Roderick C. Wamil: Hindi po dahil hindi po siya tinanggap dahil ang sabi po sa ICPAO ay wala pong authorized person to receive the AOM. 471 02:12:28,130 --> 02:12:32,470 Atty. Lorna Patajo-Kapunan: When was this attempt at service of this AOM? 472 02:12:32,870 --> 02:12:37,930 Atty. Roderick C. Wamil: It was around the second week of September of 2023 po. 473 02:12:38,350 --> 02:12:46,350 Atty. Lorna Patajo-Kapunan: So what happened next? Noong hindi kayo successful mag-serve ng AOM, what did you do? 474 02:12:48,970 --> 02:13:00,490 Atty. Roderick C. Wamil: Actually, on the afternoon of the same day po na nag-attempt si ICFAO na mag-serve ng AOM, nag-submit po si Office of the Vice President ng Revised Accomplishment Report sa ICFAO. 475 02:13:01,830 --> 02:13:21,090 Atty. Lorna Patajo-Kapunan: So, on the same day, hindi nyo na-serve but nag-submit ng Revised Accomplishment Report ang Office of the Vice President. If shown to you a copy of this Accomplishment Report, Prosecution's Exhibit, P-1-17-A. 476 02:13:21,550 --> 02:13:24,970 Sen. Francis "Chiz" G. Escudero: Assisting counsels may approach of both parties. 477 02:13:25,110 --> 02:13:28,200 Atty. Lorna Patajo-Kapunan: Also stipulated by the defense. 478 02:13:28,600 --> 02:13:30,780 Atty. Lorna Patajo-Kapunan: A common document. 479 02:14:00,180 --> 02:14:06,300 Atty. Lorna Patajo-Kapunan: Mr. Witness, ano ang significance if any nitong revised accomplishment report? 480 02:14:07,500 --> 02:14:11,520 Atty. Roderick C. Wamil: Ang significance po nito, dito po naka-indicate yung 481 02:14:13,840 --> 02:14:26,640 Atty. Roderick C. Wamil: specific confidential activities po na pinagamitan ng cash advance ng OBP. So as compared po doon sa kanilang initial accomplishment report na sinubmit, wala po doon naka-indicate na specific confidential activities. 482 02:14:27,340 --> 02:14:44,440 Atty. Lorna Patajo-Kapunan: Can you tell us ano ang observation mo dito sa mga linista ni Vice President sa kanyang alleged activities to justify her confidential expenditures? 483 02:14:46,120 --> 02:15:01,780 Atty. Roderick C. Wamil: Based on this document po, some of the line items as presented po na confidential expenses ay hindi among the allowable expenses under item 4.8 of the Joint Circular. At yung items po na yun... Ano 484 02:15:01,780 --> 02:15:03,220 Atty. Lorna Patajo-Kapunan: -ano ang mga items na yun? 485 02:15:03,580 --> 02:15:14,720 Atty. Roderick C. Wamil: Yung letter I po, yung provision of medical and food aid for 40 million pesos at yung payment of incentives or traveling relative to confidential operations na 10 million pesos. 486 02:15:15,600 --> 02:15:20,780 Atty. Lorna Patajo-Kapunan: Isa-isahin natin. Sinabi mo na ang hindi pwede dyan yung? 487 02:15:21,820 --> 02:15:23,540 Atty. Roderick C. Wamil: Letter E and letter F po. 488 02:15:23,820 --> 02:15:24,640 Atty. Lorna Patajo-Kapunan: Letter D? 489 02:15:25,140 --> 02:15:28,660 Atty. Roderick C. Wamil: E. Letter E po. E and letter F. 490 02:15:28,720 --> 02:15:30,460 Atty. Lorna Patajo-Kapunan: What item is this and how much? 491 02:15:31,040 --> 02:15:42,480 Atty. Roderick C. Wamil: Yung letter E po, yung provision of medical and food aid na 40 million pesos at yung letter F na payment of incentives or traveling relative to the confidential operations na 10 million pesos. 492 02:15:42,920 --> 02:15:46,880 Atty. Lorna Patajo-Kapunan: Bakit hindi allowed? Ang medical expense for 40 million. 493 02:15:47,740 --> 02:16:00,780 Atty. Roderick C. Wamil: Dahil hindi po siya kasama dun sa enumeration nung item 4.8 at yung enumeration po na yun ay exclusive. Yun lang po yung allowable confidential expenses based on the Joint Circular 2015-01. 494 02:16:01,300 --> 02:16:08,670 Atty. Lorna Patajo-Kapunan: What do you mean when you say the enumeration in the circular is exclusive? Anong ibig sabihin ng exclusive? 495 02:16:09,530 --> 02:16:17,610 Atty. Roderick C. Wamil: Kapag sinabi pong exclusive ay doon lang pwedeng gamitin. So other than those enumerated po ay hindi na po siya allowed as confidential expenses. 496 02:16:18,090 --> 02:16:22,710 Atty. Lorna Patajo-Kapunan: So 40 million na gamot hindi allowed. Ano pa nakita mo dyan? 497 02:16:23,520 --> 02:16:45,020 Atty. Roderick C. Wamil: Yung item B po, yung payment of reward. kasi aside from this accomplishment report, hindi po sila nagsubmit noong any document evidencing the success of the information gathering or surveillance activities on account of the information given by the informer as required po under item 4.8.5 of the Joint Circular 2015-01. 498 02:16:45,340 --> 02:16:59,870 Atty. Lorna Patajo-Kapunan: So sa particular item na yan, yung payment of rewards, you are saying, our understanding is, hindi sapat. na magsabi lang ng pangalan? Kailangan under the circular again? 499 02:17:00,770 --> 02:17:16,170 Atty. Roderick C. Wamil: Ang sinasabi po ng circular ay dapat mag-submit sila ng document supporting the payment of reward na nag-eevidence ng successful surveillance activity or information gathering on account of the information given by the informer. 500 02:17:16,310 --> 02:17:37,460 Atty. Lorna Patajo-Kapunan: So kung may payment of reward, dapat may supporting document na nagpapatunay na successful. ang result ng activity na yan, yung information gathering. Ang tanong sa iyo, Mr. Witness, meron ba mga dokumentong sinubmit to show the success of that surveillance? 501 02:17:38,040 --> 02:17:49,220 Atty. Roderick C. Wamil: As of the time po na sinubmit itong accomplishment, revised accomplishment report na ito, wala na po silang ibang sinubmit na document evidencing the success of the information gathering or surveillance activities. 502 02:17:52,610 --> 02:17:55,150 Atty. Lorna Patajo-Kapunan: We now go to anything. 503 02:17:57,480 --> 02:17:59,580 Atty. Lorna Patajo-Kapunan: Mr. Witness, what 504 02:18:01,470 --> 02:18:17,150 Atty. Lorna Patajo-Kapunan: Happened? Noong sinubmit ba lang Vice President yung sinasabi mong revised accomplishment report, rinivise mo rin, nyo rin, ang findings nyo sa audit observation memorandum? 505 02:18:17,150 --> 02:18:17,950 Atty. Michael Wesley Poa: Objection, Your Honor, leading. 506 02:18:18,710 --> 02:18:24,610 Sen. Francis "Chiz" G. Escudero: With the permission of the— with the permission— objection is sustained. With the permission of the— 507 02:18:25,700 --> 02:18:26,260 Atty. Roderick C. Wamil: parties. 508 02:18:26,400 --> 02:19:09,100 Sen. Francis "Chiz" G. Escudero: Earlier, it was agreed by the senator-judges that we would be pausing hopefully in time for lunch, really. And it has gone beyond already 12 o'clock. So before proceeding to the, I presume, a common exhibit previously stipulated to by both parties, you're referring to the AOM of October 3, 2023. Let's pause in the meantime. with the permission of the parties, again, in compliance with the agreement earlier made among the senator-judges. And we shall resume at 1 o'clock in order to afford the parties enough time for lunch. 509 02:19:10,760 --> 02:19:41,580 Sen. Francis "Chiz" G. Escudero: And again, with the indulgence of Attorney Kapunan, let's continue with the common exhibit stipulated by the parties. Particularly, I'm referring to AOM dated October 3, 2023. And before we go to the unstipulated portion of the acknowledgement receipts, which might take some time, again, with the permission of the parties, Atty. Kapunan, Atty. Poa, trial is— we are on recess and shall resume at 1 p.m. 510 02:19:41,590 --> 02:19:42,450 Atty. Lorna Patajo-Kapunan: Thank you, Your Honor. 511 03:11:02,320 --> 03:11:06,760 Sen. Francis "Chiz" G. Escudero: So, Mr. Wamil, you shall continue with your testimony under the same oath. 512 03:11:08,500 --> 03:11:24,420 Sen. Francis "Chiz" G. Escudero: The status is that we are in the direct examination of the witness, Mr. Wamil, by the counsel for the panel of prosecutors, Attorney Lorna Capunan. Ma'am, you may proceed and continue if you are ready, when you are ready, rather. 513 03:11:34,740 --> 03:11:35,680 Atty. Lorna Patajo-Kapunan: Thank you, Your Honor. 514 03:11:37,930 --> 03:11:40,690 Atty. Lorna Patajo-Kapunan: Mr. Witness, kumain ka na ba? 515 03:11:41,600 --> 03:11:42,960 Atty. Roderick C. Wamil: Yes, ma'am, kumain naman po. 516 03:11:43,090 --> 03:12:06,330 Atty. Lorna Patajo-Kapunan: Kumain ka naman kasi tatanong ko sa iyo. Kanina sinabi mo, Mr. Witness, na nag-submit ng revised accomplishment report ang Office of the Vice President at sinabi mo na marami pa rin discrepancies at kulang-kulang ang mga dokumento. What did you do? Anong ginawa mo, if any? Pagkatanggap mo nitong revised accomplishment report? 517 03:12:07,370 --> 03:12:22,440 Atty. Roderick C. Wamil: Noong natanggap ko po yung revised accomplishment report, I gave due consideration po dun sa kanilang supplemental submission and then nag-issue po kami ng supplemental AOM in consideration of their additional submission. 518 03:12:24,430 --> 03:12:35,840 Atty. Lorna Patajo-Kapunan: Why was it necessary to issue another AOM? Bakit kailangan nag-issue ka pa ng isa pang audit, observation, memorandum? 519 03:12:36,480 --> 03:12:50,990 Atty. Roderick C. Wamil: Since hindi naman po na-issue yung aming first AOM dahil hindi nga po nila na-receive. So wala po kaming I mean, under our rules po, AOM po talaga yung aming i-issue if we note findings doon sa kanilang submission sa ICPAO. 520 03:12:54,990 --> 03:13:14,650 Atty. Lorna Patajo-Kapunan: Flashed on the screen, Your Honors, Mr. Presiding Officer, with your permission, is this AOM? Referred to by this witness, Mr. Witness, can you walk us, pakisabi sa atin lahat dito, ano ang mga na-observe mo dito sa AOM na sinubmit? 521 03:13:20,340 --> 03:13:26,870 Sen. Francis "Chiz" G. Escudero: Witness may refer to the document and may be assisted by assisting counsels for both parties. 522 03:13:33,460 --> 03:14:03,740 Atty. Roderick C. Wamil: Based on the evaluation po nung documents, doon sa kanilang, katulad nga po nung sinabi ko kanina doon sa doon sa katulad nung nasa first hearing po namin, since wala pa rin silang isalamit na documentary evidence of payments. So nire-iterate po namin dito sa aming Second AOM, yung kanilang submission of the documentary evidence of payments. 523 03:14:08,050 --> 03:15:40,580 Atty. Roderick C. Wamil: Tapos katulad din po nung sinabi ko kanina, since doon sa kanilang revised accomplishment report ay merong items for the provision of medical and food aid for 40 million pesos at payment of incentives or traveling expenses relative to the confidential operations of the OBP na Ten million pesos na hindi allowable expenses based on the item 4.8 of the Joint Circular 2015-01. And also, doon sa kanilang revised accomplishment report, meron po silang item for the payment of rewards pero wala silang isinamit na any document evidencing the success of the information gathering or surveillance activities pursuant to the information given by the informer. And also, nakasama din po sa aming findings yung kanilang hindi sinubmit na special budget request at hindi rin po nila sinubmit yung proof of submission nila nung kanilang revised accomplishment report to the Office of the President, the Senate President, and the Speaker of the House. And lastly po, dun sa disbursement voucher kasi, ang nag-approve po nun ay si Assistant Secretary Lemuel G. or Tonio, which is not compliant with the Joint Circular dahil according to the Joint Circular, it shall be the responsibility of the head of the agency to approve the cash advances. 524 03:15:42,590 --> 03:15:53,660 Atty. Lorna Patajo-Kapunan: Okay. So, na-mention mo dito yung 40 million na ginastos ng Office of the Vice President para sa gamot, medicines. 525 03:15:54,300 --> 03:15:55,000 Atty. Roderick C. Wamil: Yes, ma 526 03:15:55,000 --> 03:15:57,610 Atty. Lorna Patajo-Kapunan: 'am. walang supporting document. Mr. Witness? 527 03:15:58,070 --> 03:16:02,630 Atty. Roderick C. Wamil: As of this time po, wala po silang binigay na supporting document. 528 03:16:03,050 --> 03:16:16,940 Atty. Lorna Patajo-Kapunan: Ito ring 10 million na ginamit bilang liquidation sa travel expenses ng Office of the Vice President para sa confidential fund. Ano-anong mga dokumento ang sinubmit para dito? 529 03:16:17,500 --> 03:16:19,600 Atty. Roderick C. Wamil: Pwede pong paulit po ng tanong, ma'am. 530 03:16:19,780 --> 03:16:39,810 Atty. Lorna Patajo-Kapunan: 10 million ang sinabi mong travel funds. na ginamit ng Office of the Vice President galing sa kanyang confidential funds. Meron bang sinabmit na dokumento ang Vice President para i-liquidate itong 10 million na travel funds niya? 531 03:16:40,050 --> 03:16:43,970 Atty. Roderick C. Wamil: Wala po silang sinabmit na document supporting that disbursement. 532 03:16:44,110 --> 03:16:49,830 Atty. Lorna Patajo-Kapunan: Itong mga payment of rewards, magkano ang payment of rewards? Ang kanilang... 533 03:16:50,570 --> 03:16:56,370 Atty. Roderick C. Wamil: Payment of rewards po ay 10 million pesos based on the submitted revised accomplishment report. 534 03:16:57,430 --> 03:17:06,840 Atty. Lorna Patajo-Kapunan: Itong 10 million na ginastos o binayad ng Office of the Vice President sa mga nagbigay ng information ba to? 535 03:17:07,450 --> 03:17:08,770 Atty. Roderick C. Wamil: Payment of rewards po. 536 03:17:08,890 --> 03:17:21,740 Atty. Lorna Patajo-Kapunan: Rewards. Meron bang mga dokumentong sinubmit ang Presidente? Vice Office of the Vice President para i-liquidate itong paggamit ng confidential funds niya sa rewards. 537 03:17:22,630 --> 03:17:28,630 Atty. Roderick C. Wamil: Wala pong silang silamit na document po in support of the payment of rewards as of the, this time. 538 03:17:30,390 --> 03:17:31,090 Atty. Lorna Patajo-Kapunan: Ngayon po. 539 03:17:31,820 --> 03:17:34,860 Atty. Roderick C. Wamil: This ano po, as of the date noong AOM po. 540 03:17:35,530 --> 03:17:58,690 Atty. Lorna Patajo-Kapunan: After issuing, sabi mo may audit, observation, memorandum. na previously marked for reference is exhibit P-1-12-B na common exhibit with the respondent. Pagkatapos na issue itong AOM, anong nangyari afterwards, if any? 541 03:17:59,050 --> 03:18:07,670 Atty. Roderick C. Wamil: After po namin maserve, after maserve nung ICFO yung both AOMs po, nagbigay si Office of the Vice President ng kanilang response. 542 03:18:09,580 --> 03:18:16,920 Atty. Lorna Patajo-Kapunan: And if I show you a copy of this response of the Office of the Vice President, will you be able to identify the same? 543 03:18:17,460 --> 03:18:18,040 Atty. Roderick C. Wamil: Yes, ma'am. 544 03:18:18,220 --> 03:18:22,850 Atty. Lorna Patajo-Kapunan: Your Honor, please, again, this is a stipulated document. Assistant 545 03:18:22,850 --> 03:18:27,530 Sen. Francis "Chiz" G. Escudero: counsel of both parties may approach the witness to guide him as to the document being identified. 546 03:18:28,030 --> 03:18:33,690 Atty. Lorna Patajo-Kapunan: This is Exhibit P-1-12-C for the petitioner. 547 03:18:59,840 --> 03:19:04,840 Atty. Lorna Patajo-Kapunan: Ito bang response ng Office of the Vice President? I-evaluate mo din. 548 03:19:05,400 --> 03:19:06,000 Atty. Roderick C. Wamil: Yes, ma'am. 549 03:19:06,120 --> 03:19:07,900 Atty. Lorna Patajo-Kapunan: At anong findings mo, if any? 550 03:19:09,100 --> 03:19:19,820 Atty. Roderick C. Wamil: Actually po, before ko na-evaluate itong response na ito, nag-submit pa sila ng additional response sa amin. At sabay po namin in-evaluate yung kanilang vote responses. 551 03:19:20,480 --> 03:19:22,020 Atty. Lorna Patajo-Kapunan: So, dalawang response? 552 03:19:22,560 --> 03:19:23,200 Atty. Roderick C. Wamil: Yes, ma'am. 553 03:19:23,380 --> 03:19:28,240 Atty. Lorna Patajo-Kapunan: At ano ang findings mo sa dalawang response na ito? 554 03:19:28,720 --> 03:21:02,610 Atty. Roderick C. Wamil: Sa response po kasi nila, they attached the documentary evidence of payments. So nagkaroon po kami ng finding about the various payment of rewards made based on the submitted documentary evidence of payments na nakatouch dun sa response nila in the form of acknowledgement receipts. So based on the acknowledgement receipts na silamit po, nagkaroon sila ng payment of rewards in cash, in medicine, and in various goods. At lahat po nung kanilang payment of rewards ay walang nakatouch na any document supporting the success of the information gathering activity or surveillance activity on account of the information given by the informer. And also po, nagkaroon din sila ng various purchases based on the documentary evidence of payments. Meron po silang yung kanilang binili na medicines and various goods which were given as rewards. Yung kanilang binili na supplies. Yung binili nila na tables and chairs and desktop printers and computers. Pero yung supporting document lang po nun ay acknowledgement receipt instead of official receipts or sales invoices. And also, with respect to the payment po nung tables and chairs and desktop printers and computers. Hindi po nila inindicate if those purchases were really intended for the confidential operations of the OVP. 555 03:21:03,910 --> 03:21:12,420 Atty. Lorna Patajo-Kapunan: Sa Joint Circular na sinabi mong guidelines para sa liquidation report ng Office of the Vice President, 556 03:21:16,350 --> 03:21:30,260 Atty. Lorna Patajo-Kapunan: bakit sinasabi mo Nawalang supporting documents itong tables and chairs na binili, itong desktop, itong medicines, itong supplies. Anong kailangan mo na supporting document? 557 03:21:31,300 --> 03:21:45,560 Atty. Roderick C. Wamil: Actually, since it was, ang involved po ay purchases, then those purchases should have been supported with sales invoices and official receipts instead of the acknowledgement receipts lang po. 558 03:21:46,480 --> 03:21:54,400 Atty. Lorna Patajo-Kapunan: In other words, Mr. Witness, itong acknowledgement receipt, walang kasamang mga resibo. 559 03:21:54,580 --> 03:21:57,480 Atty. Roderick C. Wamil: Yes, ma'am. Wala po silang inattached na resibo. 560 03:21:57,620 --> 03:22:04,940 Atty. Lorna Patajo-Kapunan: Hindi ba confidential yan kung saan drugstore ka bumili ng medicine? 561 03:22:06,920 --> 03:22:10,720 Atty. Roderick C. Wamil: Hindi naman po siguro confidential. 562 03:22:23,060 --> 03:22:24,000 Atty. Roderick C. Wamil: Yung 563 03:22:24,000 --> 03:22:33,960 Atty. Lorna Patajo-Kapunan: mga grocery na binilhan ng mga sari-saring. Groceries at supplies. Hindi ba confidential dapat ang mga pangalan ng grocery na yan? 564 03:22:34,500 --> 03:22:45,100 Atty. Roderick C. Wamil: Hindi naman po kailangan maging confidential yung pangalan ng mga groceries. Katulad nga po nang sinabi ko, ang confidential ay yung paggagamitan, hindi yung pagbibilan. At magkaibang bagay po kasi yun. 565 03:22:45,870 --> 03:22:58,980 Atty. Lorna Patajo-Kapunan: Yung hardware stores na pinagbilan ng mga tables and chairs tsaka desktop, hindi ba confidential yung mga pangalan ng mga... hardware stores na yan. 566 03:22:59,200 --> 03:23:10,780 Atty. Roderick C. Wamil: Hindi rin po necessarily na confidential yung pangalan ng hardware dahil yan nga po hindi naman confidential yung pinagbilan kundi yung paggagamitan ng kanilang pondo. Your Honor. 567 03:23:11,320 --> 03:23:13,180 Atty. Lorna Patajo-Kapunan: At this juncture, Your Honor, may we manifest... 568 03:23:13,180 --> 03:23:16,940 Sen. Francis "Chiz" G. Escudero: With the permission of counsel for the panel of prosecutors, yes, what is the pleasure of the counsel? 569 03:23:17,260 --> 03:23:41,690 Atty. Michael Wesley Poa: May we move to strike out the responses of the witness to those questions as he's not competent and qualified to answer, especially since he is not pointing to any provision of the JC as to his opinion on whether confidential o hindi ang mga pangalan ng mga drugstores, ang mga pangalan ng mga sari-sari stores, Your Honors. I think that is beyond his competence, Your Honor. as an auditor. 570 03:23:42,760 --> 03:23:43,320 Atty. Lorna Patajo-Kapunan: Unless, 571 03:23:44,360 --> 03:23:47,600 Atty. Michael Wesley Poa: Your Honor, he can point to a specific provision in the joint circular. 572 03:23:48,710 --> 03:23:51,910 Sen. Francis "Chiz" G. Escudero: Counsel for the panel of prosecutors, Attorney Kapunan may respond. 573 03:23:52,490 --> 03:25:39,500 Atty. Lorna Patajo-Kapunan: Your Honor, please, Your Honor. First of all, they're asked and answered. Counsel should have timely objected when being asked. Three times he was asked. Secondly, Your Honor, I don't think it is accurate to say that this has no basis because earlier, pinaghirapan po namin pakita yung mga particular provisions ng Joint Circular 2015 para i-point out ano-ano ang mga pwedeng gamitan ng confidential funds at ano-ano ang pwedeng paggamit or bawal na paggamit ng confidential funds. And this witness, Your Honor, based on the circular did say that whatever activity that is must be related to the physical and financial plans submitted by the Office of the Vice President and or the DepEd. For instance, tables and chairs, what particular surveillance activity or operation or terrorist surveillance are tables and chairs and desktops and medicines and supplies related to the payment of rewards, Your Honor. Again, this witness cited the particular provision of the Joint Circular that says the payment of reward should not stop there. It should point, Your Honor, according to the Joint Circular, it should point to particular documents that would show or point to that activity by which the rewards were deserved, Your Honor. So it's very clear in the circular, Your Honor. 574 03:25:39,720 --> 03:26:04,070 Sen. Francis "Chiz" G. Escudero: Chair will make a ruling. As an answer that's correctly pointed out by counsel for the panel of prosecutors, aside from that, the witness is competent to testify as to how he evaluated the submissions made by the Office of the Vice President in relation to the liquidation of the confidential funds and not as an expert insofar as whether or not these are confidential, whether or not these are regular, whether or not these are violations of Republic Act 3019. The answer will remain part of the records. 575 03:26:04,190 --> 03:26:37,180 Atty. Michael Wesley Poa: I will not be asking for reconsideration and I will submit to the ruling of the court. I just want to make it of record that when we say ask and answer, Your Honors, I gave leeway to the opposing counsel to ask the question basically because... I did not think the question was objectionable but it is the answer that I'm asking to be stricken out based on the competence of the witness because there is no provision under the JC that says ano yung na yung sari-sari store ay hindi confidential. But again, Your Honor, I just wanted to put that on the record but I will abide by the ruling of the Honorable Presiding Officer, Your Honor. 576 03:26:47,480 --> 03:27:54,190 Atty. Lorna Patajo-Kapunan: Thank you, Your Honor. At this juncture, Your Honor, may we manifest for the record that in accordance with our request for stipulation, we had presented four stipulations to counsel for the respondent 845 acknowledgement receipts, Your Honor, that would show recipients of the various amounts mentioned. it will 577 03:27:54,190 --> 03:28:28,350 Atty. Lorna Patajo-Kapunan: attest to its existence and that these were documents they themselves, Your Honor, submitted to the COA ICFAO. by way of their liquidation. These are their very own documents by way of liquidation to the confidential funds which were allotted and spent by the Office of the Vice President and the Dept. But the defense is simply saying now that even if these are the 578 03:28:28,350 --> 03:28:35,730 Atty. Lorna Patajo-Kapunan: very same documents are what they submitted to the COA IGFAO, Your Honor. 579 03:28:36,410 --> 03:29:15,880 Atty. Michael Wesley Poa: Your Honor, I beg the indulgence of the Honorable Court as well as the distinguished opposing counsel, but we really cannot stipulate on these matters precisely because the insinuation that this was the very documents that the OVP and DepEd submitted to COA is very much in question, Your Honors, because we can easily erase the issue and chain of custody. I'm not saying we will, but that is always on the table. And precisely, Your Honors, although they are labeled as common exhibits, we mark them separately, Your Honor. We did not have markings on the same documents, Your Honor. And that is our position. But again, I beg the indulgence and the patience, Your Honor, of the distinguished opposing counsel and the Honorable Court. 580 03:29:16,120 --> 03:30:07,150 Atty. Lorna Patajo-Kapunan: Can I just, my last manifestation, Your Honor, unent this acknowledgement receipt, Your Honor. You will note from the acknowledgement receipt that these are certified true copies. Certified true copies of receipts. submitted to the COA-ICFA, Your Honor. They are not documents from the prosecution. They are documents which this witness, by way of subpoena, dosis tecum, and testificandum, produced before this Court, Your Honor. So the provenance, the source of these documents, and there is a certification issued by his office, show that there should be no doubt as to where these documents came from. As to their existence, Your Honor, there should be no doubt. 581 03:30:09,440 --> 03:30:22,180 Sen. Francis "Chiz" G. Escudero: May the Presiding Officer ask, are we talking about the same number of documents to begin with? 847, correct, counsel? 845, Your Honor. 45, counsel for the respondent? I'm 582 03:30:22,180 --> 03:30:23,080 Atty. Michael Wesley Poa: confirming now, Your Honor. 583 03:30:27,260 --> 03:30:34,020 Sen. Francis "Chiz" G. Escudero: Are the common exhibits for both prosecution and respondent 845 documents? 584 03:30:37,550 --> 03:31:03,080 Atty. Michael Wesley Poa: Your Honor, the problem here is during the marking, there were inconsistencies with the number of ARs that were presented between each party, Your Honor, and that is why we cannot stipulate on the same. Now, as to the question on whether we have the same number for the fourth quarter, we are still verifying, Your Honor, but I am afraid I will waste the courts. time now if we verify further. 585 03:31:03,440 --> 03:31:16,780 Sen. Francis "Chiz" G. Escudero: Anyway, counsel, attorney Capunan, unfortunately, if they are not willing to stipulate, the court cannot twist their hand into so stipulating for whatever reason they may have. So, kindly proceed as you intended to. 586 03:31:17,910 --> 03:31:37,240 Atty. Lorna Patajo-Kapunan: We submit, Mr. Presiding Officer, Mr. Witness, noong nag-evaluate ka ng post-audit evaluation, ng documents, liquidation documents submitted to you, your office, by the office of the Vice President. 587 03:31:38,660 --> 03:31:49,280 Atty. Lorna Patajo-Kapunan: Were there, was there evidence or documents submitted to your office to show how payments were made? 588 03:31:50,440 --> 03:31:58,220 Atty. Roderick C. Wamil: Ang tanging sinamit lang po nila in support of their payments po ay yung documentary evidence payments in the form of acknowledgement receipts. 589 03:32:00,140 --> 03:32:12,230 Atty. Lorna Patajo-Kapunan: Will you please tell this Court, this Impeachment Court, if you, in the course of your post-audit, carefully evaluated acknowledgement receipts? 590 03:32:12,810 --> 03:32:30,520 Atty. Roderick C. Wamil: Ang ginawa ko po upon receipt of those acknowledgement receipts, tinabulate ko po lahat. nung acknowledgement receipts na yun based on their purpose, based on their, kung kailan po yung dates of payment, and then based on the amount po na binayaran nila as provided po doon sa acknowledgement receipts. 591 03:32:31,210 --> 03:32:35,270 Atty. Lorna Patajo-Kapunan: You mentioned, Mr. Witness, that you prepared your own tabulation? 592 03:32:36,390 --> 03:32:37,110 Atty. Roderick C. Wamil: Yes, ma'am. 593 03:32:37,190 --> 03:32:39,330 Atty. Lorna Patajo-Kapunan: And did you bring them with you, this tabulation? 594 03:32:40,400 --> 03:32:42,060 Atty. Roderick C. Wamil: I brought it po with me. 595 03:32:42,280 --> 03:32:43,820 Atty. Lorna Patajo-Kapunan: Can you share them with us? 596 03:32:45,350 --> 03:32:48,650 Atty. Roderick C. Wamil: Your Honor may be allowed. May I be allowed po to share the tabulation? 597 03:32:48,970 --> 03:32:54,390 Sen. Francis "Chiz" G. Escudero: Witness may get, may refer to his notes with respect to the tabulation, yes. 598 03:32:54,910 --> 03:33:10,680 Atty. Lorna Patajo-Kapunan: Your Honor, please, I think defense counsel will note that this is not a pre-marked document during the pre-trial, but we had made a reservation that we will be marking documents in the course of this witness testimony. 599 03:33:12,090 --> 03:33:20,860 Sen. Francis "Chiz" G. Escudero: Assisting counsel for the parties may approach the witness and view the document being referred to by the witness. 600 03:33:42,670 --> 03:33:54,190 Atty. Lorna Patajo-Kapunan: While counsel for the respondents are perusing the document, Your Honor, may we have this marked as Exhibit P-I-29. 601 03:33:57,000 --> 03:34:09,700 Sen. Francis "Chiz" G. Escudero: Later on, you may do so. The Clerk of Court is so instructed to... make the corresponding marking after— in due course, rather. Witness may answer the question. 602 03:34:10,530 --> 03:34:11,930 Atty. Roderick C. Wamil: Can you repeat the question, po? 603 03:34:12,170 --> 03:34:27,200 Atty. Lorna Patajo-Kapunan: Okay, Mr. Witness, you said earlier in answer to my question that you received acknowledgement receipts and that you made a tabulation. Kung ano-ano itong mga acknowledgement receipts? 604 03:34:27,540 --> 03:34:28,480 Atty. Roderick C. Wamil: Yes, ma'am. Okay. 605 03:34:29,460 --> 03:34:42,710 Atty. Lorna Patajo-Kapunan: We don't have a copy now and we reserve the right to proceed. Provide counsel for the respondent of copy but can you share with us your findings based on your notes or your tabulation? 606 03:34:43,410 --> 03:35:17,970 Atty. Roderick C. Wamil: Based on my tabulation po, napansin ko na some of the payments were dated December 2023 which is beyond the scope po dun covered ng kanilang cash advances and yun nga po katulad nung nasabi ko kanina may mga payment of rewards po sila. either in cash, in medicines, and in various goods. Pero wala na po silang sinamit na any document na support or evidence, document evidencing the success of the information gathering activity on account of the information given by the informer. And also, How 607 03:35:17,970 --> 03:35:19,770 Atty. Lorna Patajo-Kapunan: did you prepare your tabulation? 608 03:35:21,150 --> 03:35:31,220 Atty. Roderick C. Wamil: Noong time po na binigay sa akin yung acknowledgement receipts. Doon ko po tinabulate yung payments based doon nga po sa purpose po ng payment. 609 03:35:31,520 --> 03:35:32,040 Atty. Michael Wesley Poa: Doon 610 03:35:32,040 --> 03:35:35,680 Atty. Roderick C. Wamil: sa date po ng payment and the amount po na binayaran doon sa recipients. 611 03:35:37,540 --> 03:35:47,170 Atty. Lorna Patajo-Kapunan: Will your tabulation show and can you share with us if it does, ano ang sinabi mong mga purposes na naka-indicate? 612 03:35:49,040 --> 03:35:51,960 Atty. Roderick C. Wamil: Yes po, nakalagay po sa tabulation ko yung purpose. 613 03:35:52,000 --> 03:35:53,300 Atty. Lorna Patajo-Kapunan: Can you read from your notes please? 614 03:35:55,640 --> 03:35:56,840 Atty. Lorna Patajo-Kapunan: On page 1. 615 03:35:57,500 --> 03:36:00,040 Atty. Roderick C. Wamil: Your Honor, just to manifest for 616 03:36:00,040 --> 03:36:11,980 Atty. Michael Wesley Poa: the record while he's producing his notes that when I inspected the document, it seems to be a privately encoded document, a printout without any signature of who prepared it. 617 03:36:13,400 --> 03:36:14,420 Sen. Francis "Chiz" G. Escudero: Just a manifestation, 618 03:36:14,760 --> 03:36:15,000 Atty. Michael Wesley Poa: Your Honor, 619 03:36:15,080 --> 03:36:15,460 Atty. Roderick C. Wamil: just to put 620 03:36:15,460 --> 03:36:16,820 Sen. Francis "Chiz" G. Escudero: Do you confirm, Mr. Witness? 621 03:36:17,500 --> 03:36:23,640 Atty. Roderick C. Wamil: Yes, for Your Honor. Since it is a personal note, so hindi ko na po pinirmahan yung tabulation. How 622 03:36:27,030 --> 03:36:29,970 Atty. Lorna Patajo-Kapunan: many pages is your tabulation? 623 03:36:42,170 --> 03:36:43,390 Atty. Roderick C. Wamil: 19 pages po. 624 03:36:44,130 --> 03:37:09,820 Atty. Lorna Patajo-Kapunan: Your Honor, please, this P-1-29, which is a tabulation consisting of 19 pages, we will request that they, at the appropriate time, be submarked as P-29-A up to N-series, Your Honor. Now. 625 03:37:10,240 --> 03:37:10,780 Sen. Francis "Chiz" G. Escudero: So ordered. 626 03:37:16,620 --> 03:37:27,970 Atty. Lorna Patajo-Kapunan: Can you read from your tabulation? What is in page 1? How many names are there? Total, if you recall. And based on your tabulation. 627 03:37:28,560 --> 03:37:30,020 Atty. Roderick C. Wamil: Can you repeat your question po? 628 03:37:31,420 --> 03:37:42,140 Atty. Lorna Patajo-Kapunan: Based sa tabulation na ginawa mo, na sinabi mo na summary ng mga acknowledgement receipts, how many is the total of the acknowledgement receipts? 629 03:37:42,840 --> 03:37:51,400 Atty. Roderick C. Wamil: Based on the acknowledgment of this, ang lumalabas na expenses ay 125,150,000. 630 03:37:54,540 --> 03:38:01,480 Atty. Lorna Patajo-Kapunan: For what period is this, Mr. Witness? 631 03:38:02,640 --> 03:38:16,780 Atty. Roderick C. Wamil: Based on the documents submitted to us, December 21 to 31, 2022. Pero katulad nga po nang sinabi ko, some of the dates po doon sa acknowledgement receipts ay naka-date at December 2023. 632 03:38:20,610 --> 03:38:27,310 Atty. Lorna Patajo-Kapunan: Sinabi mo na ang total is 125,150,000. 633 03:38:29,040 --> 03:38:31,940 Atty. Lorna Patajo-Kapunan: Magkano ba ang binigay na confidential funds? 634 03:38:32,900 --> 03:38:37,360 Atty. Roderick C. Wamil: Based on the documents submitted to ICPAO, 125 million pesos po. 635 03:38:37,950 --> 03:38:43,790 Atty. Lorna Patajo-Kapunan: May discrepancy? Hindi ito ba 150,000 na butal? 636 03:38:43,930 --> 03:38:49,430 Atty. Roderick C. Wamil: Based on the documents po, yes, may discrepancy po yung acknowledgement receipts and the accomplishment report. 637 03:38:49,790 --> 03:38:57,910 Atty. Lorna Patajo-Kapunan: Okay. Thank you for your pointing that out. Ano pa ang dapat malaman namin sa tabulation mo? 638 03:39:03,730 --> 03:39:15,010 Atty. Roderick C. Wamil: Meron po silang, katulad po nung sinabi ko kanina, meron silang purchases na ginawa. Pero yun nga po, supported lang po ng acknowledgement receipts instead of sales invoices or official receipts. 639 03:39:15,670 --> 03:39:17,650 Atty. Lorna Patajo-Kapunan: Do you have an amount, Mr. Witness? 640 03:39:20,090 --> 03:39:21,230 Atty. Michael Wesley Poa: May I approach, Your Honor? 641 03:39:22,970 --> 03:39:23,790 Atty. Michael Wesley Poa: Counsel Meduso? 642 03:39:31,940 --> 03:39:37,960 Atty. Roderick C. Wamil: I think nasa notice of suspension po yung amount. May I be allowed po to refer to the notice of suspension? 643 03:39:38,720 --> 03:39:39,200 Atty. Lorna Patajo-Kapunan: Okay. 644 03:39:40,410 --> 03:39:44,630 Sen. Francis "Chiz" G. Escudero: This is a stipulated document, right? Counsel? 645 03:39:45,150 --> 03:39:51,030 Atty. Lorna Patajo-Kapunan: Yes, Your Honor. The notice of suspension is. We will ask again the question in due course. 646 03:39:51,450 --> 03:39:55,150 Sen. Francis "Chiz" G. Escudero: Kindly ask the question again. Counsel for the panel of prosecutors. 647 03:39:59,600 --> 03:40:03,780 Sen. Francis "Chiz" G. Escudero: Witness is asking for permission to refer to the notice of suspension to answer your question. 648 03:40:16,010 --> 03:40:17,810 Sen. Francis "Chiz" G. Escudero: Assistant Councils, Mayor Putsch. 649 03:40:25,480 --> 03:40:32,460 Atty. Roderick C. Wamil: Based on this notice of suspension, actually wala pong total pero nandito po yung breakdown ng amounts per type of purchase po. 650 03:40:32,720 --> 03:40:35,020 Atty. Lorna Patajo-Kapunan: Can we go through the breakdown of amounts? 651 03:40:35,420 --> 03:40:35,980 Atty. Roderick C. Wamil: Based 652 03:40:35,980 --> 03:40:42,600 Atty. Lorna Patajo-Kapunan: on your notice of suspension which is a common exhibit of the prosecution and the defense. As 653 03:40:42,600 --> 03:40:51,130 Atty. Roderick C. Wamil: to the various goods which were given as rewards. 34,857,000 As to the medicines which were given as rewards 654 03:40:51,130 --> 03:40:54,230 Atty. Lorna Patajo-Kapunan: 34,004,000 As 655 03:40:54,230 --> 03:41:12,950 Atty. Roderick C. Wamil: to the medicines po which were given as rewards 24,930,000 As to the purchase supplies 11,813,000 pesos As to the tables and chairs 500,000 pesos and as to desktop computers and printers 3,000,000 pesos What 656 03:41:15,570 --> 03:41:16,310 Atty. Lorna Patajo-Kapunan: else Mr. Witness? 657 03:41:23,810 --> 03:41:33,870 Atty. Roderick C. Wamil: Hindi pa rin po nila pala sinubmit yung proof of submission noong revised accomplishment report to the Office of the President, the Senate President, and the Speaker of the House. 658 03:41:35,040 --> 03:41:36,640 Atty. Lorna Patajo-Kapunan: Ngayon, if 659 03:41:39,640 --> 03:41:47,020 Atty. Lorna Patajo-Kapunan: we show you a select few of these acknowledgement receipts, would you be able to identify them? 660 03:41:47,600 --> 03:41:48,380 Atty. Roderick C. Wamil: Yes, ma'am. 661 03:41:49,690 --> 03:41:56,380 Atty. Lorna Patajo-Kapunan: Your Honor, can we ask our attorney, Mark Peña, can I mention his name because his mother daw is watching? 662 03:41:57,200 --> 03:42:01,040 Sen. Francis "Chiz" G. Escudero: Um, assisting counsels may approach for both 663 03:42:01,040 --> 03:42:02,020 Atty. Lorna Patajo-Kapunan: parties. Attorney Mark Pena. 664 03:42:08,290 --> 03:42:23,820 Atty. Lorna Patajo-Kapunan: Your Honor, the witness is being presented for the record 845 acknowledgement receipts in 665 03:42:32,360 --> 03:42:43,550 Atty. Lorna Patajo-Kapunan: a box and for purposes of reference, these have been marked as exhibits P-1-8 and series for the prosecution. 666 03:42:44,840 --> 03:42:46,280 Sen. Francis "Chiz" G. Escudero: How many boxes, counsel? 667 03:42:47,100 --> 03:42:48,520 Atty. Lorna Patajo-Kapunan: Three boxes, Your Honor. 668 03:42:50,910 --> 03:42:55,270 Sen. Francis "Chiz" G. Escudero: What was the folder earlier given to the witness by Attorney Peña? 669 03:42:58,210 --> 03:43:01,730 Atty. Lorna Patajo-Kapunan: The folder given, Your Honor, is just one of the folders, Your Honor. 670 03:43:01,950 --> 03:43:02,990 Sen. Francis "Chiz" G. Escudero: Inside the box? 671 03:43:03,230 --> 03:43:04,010 Atty. Lorna Patajo-Kapunan: Inside the box. 672 03:43:05,680 --> 03:43:27,920 Atty. Lorna Patajo-Kapunan: So for the record, Your Honor, Attorney Peña showed to the witness a sample folder of a folder which is among the 845 documents inside several folders inside three boxes. 673 03:43:29,680 --> 03:43:32,620 Sen. Francis "Chiz" G. Escudero: Containing the 845 exhibits. 674 03:43:33,160 --> 03:43:33,680 Atty. Lorna Patajo-Kapunan: Yes, Your Honor. 675 03:43:37,340 --> 03:43:47,840 Sen. Francis "Chiz" G. Escudero: Assisting counsel may show the witness a sample of the 845 acknowledgement receipts contained in a folder. 676 03:44:01,130 --> 03:44:16,190 Sen. Francis "Chiz" G. Escudero: So, Mr. Wamil, is this one of the 845 documents that you examined in relation to acknowledgement receipts pertaining to confidential funds allegedly spent for the period covering December 21 to December 31, 2022? 677 03:44:18,940 --> 03:44:20,820 Atty. Roderick C. Wamil: Yes, sir. Yes, Your Honor. 678 03:44:21,420 --> 03:44:22,680 Sen. Francis "Chiz" G. Escudero: Your witness, counsel. 679 03:44:23,000 --> 03:44:23,360 Atty. Lorna Patajo-Kapunan: Okay. 680 03:44:23,700 --> 03:44:26,160 Atty. Lorna Patajo-Kapunan: If I show you some, the 681 03:44:27,960 --> 03:44:29,500 Atty. Lorna Patajo-Kapunan: defense, could 682 03:44:36,790 --> 03:44:40,580 Atty. Lorna Patajo-Kapunan: you please go over briefly the other folders? 683 03:44:51,180 --> 03:44:54,160 Atty. Lorna Patajo-Kapunan: Your Honor, please, may we ask for a three-minute recess for this? 684 03:44:54,960 --> 03:44:56,080 Sen. Francis "Chiz" G. Escudero: For what purpose, counsel? 685 03:44:56,540 --> 03:45:00,040 Atty. Lorna Patajo-Kapunan: So you can go over the folders and so I can sit down. 686 03:45:07,030 --> 03:45:12,270 Sen. Francis "Chiz" G. Escudero: Trial is suspended for how many minutes, counsel? 687 03:45:12,570 --> 03:45:13,270 Atty. Lorna Patajo-Kapunan: Three minutes, 688 03:45:14,710 --> 03:45:14,950 Sen. Francis "Chiz" G. Escudero: then. 689 03:45:15,190 --> 03:56:14,770 Atty. Lorna Patajo-Kapunan: Your Honor, 690 03:56:15,960 --> 03:56:21,390 Sen. Francis "Chiz" G. Escudero: Counsel for the panel of prosecutors. Yes, ma'am. 691 03:56:22,170 --> 03:58:49,620 Atty. Lorna Patajo-Kapunan: If I may, Your Honor. As can be seen, the examination of the documents took more than three minutes. Just to attest that these documents are voluminous. And in connection therewith, Your Honor, since Council has not agreed to a stipulation of all 845 documents, we call to rescue Section 130 of Rule 130, Section 3, Your Honor, C. And for the record, if we may be allowed to read, Your Honor, this rule on documentary evidence is the exception to the original document rule which requires that all documents must be presented. But in this particular section, Rule 130, Section 3C, it says, Your Honors, that when the original consists of numerous accounts and that is what we are seeing today and other documents which cannot be examined in court without great loss of time and the facts sought to be established from them is only the general result of the same. I think, Your Honor, this is applicable especially if we likewise see Section 7, which is summaries of the same rule, Your Honor. In Section 7, entitled Summaries, when the contents of documents, records, photographs, or numerous accounts are voluminous, as can be seen, three boxes and several folders, and the facts sought to be established is only the general result of the whole, the contents of such evidence may be presented in the form of a chart. a summary or calculation. Your Honor, please. I think under this Rule 130, Section 3C, in conjunction with Section 7, relating to voluminous records and summaries, Your Honor, we will be, as we had earlier, marked a tabulation, which is the summary of all 100, 300, 692 03:58:52,420 --> 04:00:15,420 Atty. Lorna Patajo-Kapunan: 845 acknowledgement receipts, Your Honor, all of which are intended to just prove one thing, Your Honor, to prove that certain amounts are covered by acknowledgement receipts which were submitted by way of liquidation for confidential funds and the purpose for which they were spent or discharged or withdrawn. are not in compliance with Joint Circular 2015, Your Honor. That is the result intended from these 845 documents which we will no longer individually present. In lieu thereof, Your Honor, pursuant to Section 3C in conjunction with Section 7 of Rule 130, we will just be presenting the tabulation, Your Honor. Mark. As Exhibit P-1-29 and Series Your Honor, and reserve the right to just highlight certain select acknowledgement receipts which we will ask this witness to testify to as to the contents thereof, Your Honor. 693 04:00:15,600 --> 04:00:17,140 Sen. Francis "Chiz" G. Escudero: Comment from counsel for respondent? 694 04:00:17,540 --> 04:00:28,280 Atty. Michael Wesley Poa: We have no objection to the applicability of the rule invoked, Your Honor, by the distinguished opposing counsel, without prejudice to our right to test the accuracy of the table at the proper time. 695 04:00:28,890 --> 04:00:38,590 Sen. Francis "Chiz" G. Escudero: And to individually question its authenticity during cross or during its presentation and to be given copies as well, should you so desire. 696 04:00:38,810 --> 04:00:40,030 Atty. Michael Wesley Poa: Correct. Subject to cross, Your Honor. 697 04:00:40,750 --> 04:01:13,310 Sen. Francis "Chiz" G. Escudero: Counsel may proceed in accordance with Rule 130, Section 3C in relation to Section 7 in relation to given that the documents are indeed voluminous. And for the information of the senator-judges, this does not in any way detract. from the fact that the documents, the acknowledgement receipts do exist, only that they are too voluminous, therefore the witness will be testifying based on his summary of these documents instead of individually. Counsel for the panel of prosecutors may proceed. 698 04:01:13,770 --> 04:01:22,770 Atty. Lorna Patajo-Kapunan: Thank you, Your Honor, for the ruling. Now, I will show you a select few of these acknowledgement receipts. 699 04:01:26,630 --> 04:01:38,690 Atty. Lorna Patajo-Kapunan: And for better appreciation of the Honorable Impeachment Court, we will be flashing some select few. Exhibit P-1-8-184. 700 04:01:41,810 --> 04:02:10,680 Atty. Lorna Patajo-Kapunan: Showing to you, Mr. Witness, this exhibit, it is an acknowledgement receipt in the name of Mary Grace Piatos for the amount of 70,000 pesos. Please, peruse this document and tell us if this is among The acknowledgement receipts that you said you received and evaluated based on the submissions of the Office of the Vice President. 701 04:02:15,370 --> 04:02:20,430 Atty. Roderick C. Wamil: This ARPO is among the acknowledgement receipts submitted by the OBP to ICVAO. 702 04:02:20,830 --> 04:02:23,290 Atty. Lorna Patajo-Kapunan: Before we go to this particular exhibit, 703 04:02:23,610 --> 04:02:34,970 Atty. Lorna Patajo-Kapunan: in the name of Mary Grace Piatos for 70,000... Tell us, Mr. Witness, ano ba talagang ibig sabihin ng acknowledgement receipt? 704 04:02:36,500 --> 04:02:49,840 Atty. Roderick C. Wamil: Well, kapag sinabing acknowledgement receipt, actually wala siyang provision dun sa Joint Circular pero ito kasi ay parang proof of na-receive noong pay yung binayad sa kanya. 705 04:02:51,600 --> 04:02:58,890 Atty. Lorna Patajo-Kapunan: So, acknowledgement receipt, as the name suggests, acknowledges na na-receive. Na 706 04:02:58,890 --> 04:03:00,910 Atty. Roderick C. Wamil: -receive niya yung payment from the payer po. 707 04:03:01,220 --> 04:03:08,700 Atty. Lorna Patajo-Kapunan: So, ina-acknowledge ng isang Mary Grace Piatos na tumanggap siya ng magkano? 708 04:03:08,780 --> 04:03:17,960 Atty. Roderick C. Wamil: Based from this acknowledgement receipt po, tumanggap po si Mary Grace Piatos ng 70,000 pesos for the payment of rewards, close and open parenthesis, medicines. 709 04:03:19,230 --> 04:03:29,010 Atty. Lorna Patajo-Kapunan: Ano? Bakit dalawa to? Payment of rewards, tsaka medicines. Anong ibig sabihin? Ang binayad sa kanya na reward ay gamot? 710 04:03:29,630 --> 04:03:49,330 Atty. Roderick C. Wamil: Hindi ko po ma-determine based on this document alone po. Kaya po kami nagpapasubmit ng additional documents. And also, since it is payment of rewards po, hindi rin po enough lang na acknowledgement receipts. Kailangan din pong ma-comply yung provision noong joint circular as to the payment of rewards. 711 04:03:49,910 --> 04:04:00,850 Atty. Lorna Patajo-Kapunan: Okay. So, itong Mary Grace Piatos acknowledgement receipt ay sinasabi mo? na violation nito ng Joint Circular. Bakit? 712 04:04:01,590 --> 04:04:11,390 Atty. Roderick C. Wamil: Dahil hindi po ito properly supported by Document Evidential Success, po, which is required under 4.8.5 of the Joint Circular 2015-01. 713 04:04:11,770 --> 04:04:26,810 Atty. Lorna Patajo-Kapunan: Okay. Incidentally, Mr. Witness, pag merong pangalang Mary Grace Piatos, eh kayo ba ay nag-i-investigate or kasama ba ng post-audit n'yo ang mag-assertin sino ba itong Mary Grace Piatos? 714 04:04:29,810 --> 04:04:48,770 Atty. Roderick C. Wamil: Since what we do po is compliance audit, so ang naging basehan lang po namin ng audit ay kung ano yung nakalagay or pinaprescribe ng Joint Circular 2015-01. Pero dun sa Joint Circular naman po kasi, hindi naman nakalagay doon na kailangan tingnan namin yung recipient nung payment. 715 04:04:50,160 --> 04:04:52,160 Atty. Lorna Patajo-Kapunan: I will show you another document. 716 04:04:54,570 --> 04:05:02,230 Atty. Lorna Patajo-Kapunan: Mark for the prosecution, Attorney Peña, P-1-8-6. 19. 717 04:05:04,010 --> 04:05:09,200 Atty. Lorna Patajo-Kapunan: Another, Piatos. Name, Rene Piatos. 718 04:05:10,880 --> 04:05:14,960 Atty. Lorna Patajo-Kapunan: Pakibasa? The amount is... Counsel, 719 04:05:15,260 --> 04:05:17,040 Sen. Francis "Chiz" G. Escudero: it's Renan Piatos. 720 04:05:17,380 --> 04:05:20,340 Atty. Lorna Patajo-Kapunan: Renan, I'm sorry. Renan Piatos. 721 04:05:22,240 --> 04:05:34,070 Atty. Lorna Patajo-Kapunan: Renan Piatos. Ang amount ay 110,000 pesos. At ang date ay 12-27-2023, being flashed 722 04:05:34,070 --> 04:05:45,030 Atty. Lorna Patajo-Kapunan: on the screen for better appreciation of the Honorable Impeachment Court. What observation can you make or have you made as regards this acknowledgement receipt? 723 04:05:45,750 --> 04:05:59,170 Atty. Roderick C. Wamil: Based on this acknowledgement receipt po, binayad po siya noong December 27, 2023, which is one year... po after nung supposedly coverage nung kanilang cash advance for confidential fund. 724 04:05:59,630 --> 04:06:02,450 Atty. Lorna Patajo-Kapunan: Kailan ba binigay ulit itong cash advance? 725 04:06:02,830 --> 04:06:05,710 Atty. Roderick C. Wamil: December 27, 2023 po based on this document. 726 04:06:06,170 --> 04:06:09,450 Atty. Lorna Patajo-Kapunan: Pero what actually is the correct date if you know? 727 04:06:10,340 --> 04:06:20,920 Atty. Roderick C. Wamil: I cannot determine po the correct date based on this document pero dapat po kasi ipasok siya doon sa coverage nung kanilang cash advance based on the document submitted to ICPAO. 728 04:06:21,240 --> 04:06:23,120 Atty. Lorna Patajo-Kapunan: So hindi ito pasok? 729 04:06:24,170 --> 04:06:31,730 Atty. Roderick C. Wamil: Yes, ma'am. Based on this document, yung date of payment po ay hindi pasok doon sa coverage nung kanilang cash advance. 730 04:06:32,250 --> 04:06:34,770 Atty. Lorna Patajo-Kapunan: Anong tawag doon? Yung hindi pasok? 731 04:06:36,890 --> 04:06:37,450 Atty. Lorna Patajo-Kapunan: Discrepancy? 732 04:06:40,420 --> 04:06:48,260 Atty. Roderick C. Wamil: Hindi po siya discrepancy. Hindi lang talaga siya pasok. Parang the payment was made outside the coverage noong cash advance. 733 04:06:48,320 --> 04:07:00,510 Sen. Francis "Chiz" G. Escudero: With the permission of counsel, December 21 to December 31, 2022 yung covered period ng disbursement nung confidential fund. Mr. Wamil, right? 734 04:07:00,790 --> 04:07:01,310 Atty. Roderick C. Wamil: Yes, Your Honor. 735 04:07:01,510 --> 04:07:07,630 Sen. Francis "Chiz" G. Escudero: So when you say hindi pasok, hindi pasok doon sa period na iyon, December 21 to 31, 2022? 736 04:07:08,230 --> 04:07:09,130 Atty. Roderick C. Wamil: Yes, Your Honor. 737 04:07:09,270 --> 04:07:13,890 Sen. Francis "Chiz" G. Escudero: Dahil 2023 ang nakalagay na taon, supposedly. Tama? 738 04:07:14,130 --> 04:07:15,130 Atty. Roderick C. Wamil: Yes, Your Honor. 739 04:07:15,350 --> 04:07:15,910 Atty. Lorna Patajo-Kapunan: Okay. You 740 04:07:15,910 --> 04:07:16,410 Sen. Francis "Chiz" G. Escudero: may proceed, counsel. 741 04:07:16,630 --> 04:07:42,640 Atty. Lorna Patajo-Kapunan: Twelve months na hindi pasok, 2023. Exhibit P-1-8-413 in the name of Nova Santos for the amount of 85,000 pesos. Anong observation mo dito sa acknowledgement receipt na ito, if any? 742 04:07:44,200 --> 04:07:58,920 Atty. Roderick C. Wamil: Since it is a payment of rewards po, in closing of in parentheses, various goods, dapat ay supported po ito ng document of success as prescribed under item 4.8.5 of the Joint Circular 2015-01. 743 04:07:59,320 --> 04:08:03,680 Atty. Lorna Patajo-Kapunan: Ano bang kinoconsider ng COA-ICFAO na document of success? 744 04:08:04,500 --> 04:08:28,420 Atty. Roderick C. Wamil: Actually, wala kang specific na document as prescribed under the Joint Circular pero kapag may sinabit po kasi sa amin, Sine-check namin if the requirement of the Joint Circular is met. So tinitingnan po namin yung relationship between the successful information gathering or surveillance activities vis-a-vis yung information given by the informer. 745 04:08:28,620 --> 04:08:34,950 Atty. Lorna Patajo-Kapunan: I'll show you now. 746 04:08:37,310 --> 04:09:04,710 Atty. Lorna Patajo-Kapunan: P-1-8-531. In the name of Mico P. Harina. for 295,000 pesos. Again, ang nakalagay dito, hindi pasok. 12-31-2023. 747 04:09:05,210 --> 04:09:07,110 Atty. Michael Wesley Poa: Leading Your Honor, objection. I 748 04:09:07,110 --> 04:09:07,870 Atty. Lorna Patajo-Kapunan: will reform. 749 04:09:08,010 --> 04:09:08,570 Atty. Michael Wesley Poa: What 750 04:09:08,570 --> 04:09:14,890 Atty. Lorna Patajo-Kapunan: can you say, what can you observe about the date indicated there, if any? 751 04:09:15,640 --> 04:09:22,340 Atty. Roderick C. Wamil: The date indicated in this document is December 31, 2023 as the date po nung receipt of payment. And 752 04:09:22,340 --> 04:09:25,700 Atty. Lorna Patajo-Kapunan: what significance can you draw, if any, from this date? 753 04:09:26,100 --> 04:09:31,980 Atty. Roderick C. Wamil: It is outside po dun sa period po nung kanilang disbursement which is December 21 to 31, 2022. 754 04:09:32,720 --> 04:09:38,290 Atty. Lorna Patajo-Kapunan: And the purpose? Ano yung purpose na naka-indicate dyan? 755 04:09:38,570 --> 04:09:40,710 Atty. Roderick C. Wamil: Ang nakalagay po ay payment of purchase supplies. 756 04:09:41,330 --> 04:10:15,440 Atty. Lorna Patajo-Kapunan: Itong purchase supplies na ito. 295,000 worth of purchase of supplies. What documents, if any, were submitted to indicate ano-ano ang mga supplies worth 295,000 na binili noong one year after 12-21-2023? Meron bang dokumentong sinubmit at kung meron ano-ano yun? 757 04:10:15,860 --> 04:10:19,220 Atty. Roderick C. Wamil: Wala po silang document na sinubmit. Ito lang pong acknowledgement receipt. 758 04:10:21,040 --> 04:10:28,670 Atty. Lorna Patajo-Kapunan: P-1-8-643 in the name of Janice Marie Revilla. 759 04:10:32,190 --> 04:10:42,500 Atty. Lorna Patajo-Kapunan: Na-investigate mo ba kung kamag-anak to ni Senator Bong Revilla? Mr. Witness? Mr. Witness? 760 04:10:42,900 --> 04:10:45,840 Atty. Roderick C. Wamil: That is biyan na po our scope of audit. 761 04:10:46,980 --> 04:10:50,460 Atty. Lorna Patajo-Kapunan: And the amount is 70,000 762 04:10:53,210 --> 04:11:04,260 Atty. Lorna Patajo-Kapunan: Again, for purchase of information dated 12-28-2022. Any observation on this acknowledgement receipt? 763 04:11:05,870 --> 04:11:16,770 Atty. Roderick C. Wamil: Wala naman po akong nakitang observation dito sa acknowledgement receipt na ito since yung purchase of information is among those allowable expenses naman po under the Joint Circular 2015-01. 764 04:11:18,990 --> 04:11:19,750 Atty. Lorna Patajo-Kapunan: Patiting! 765 04:11:21,570 --> 04:11:37,430 Atty. Lorna Patajo-Kapunan: Patiting! P-1-8567 for 150,000 pesos 12-23-2022. Parang hindi katiting ito. 766 04:11:40,530 --> 04:11:46,440 Atty. Lorna Patajo-Kapunan: Patiting! For purchase of information. Ang observation mo? 767 04:11:48,660 --> 04:11:49,580 Atty. Roderick C. Wamil: Any 768 04:11:49,580 --> 04:11:50,140 Atty. Lorna Patajo-Kapunan: observation? 769 04:11:51,180 --> 04:12:00,580 Atty. Roderick C. Wamil: Since ang allowed naman po ang purchase of information under PowerPoint. 8th of the Joint Circular, wala naman po akong nakitang observation with respect to this acknowledgement receipt. 770 04:12:02,660 --> 04:12:13,350 Atty. Lorna Patajo-Kapunan: P-1-8-545 in the name of Odie or Andy C. Lim for 50,000 pesos. 771 04:12:15,630 --> 04:12:16,350 Atty. Lorna Patajo-Kapunan: Ah! 772 04:12:18,960 --> 04:12:19,900 Atty. Lorna Patajo-Kapunan: Andy Lim! 773 04:12:23,520 --> 04:12:29,120 Atty. Lorna Patajo-Kapunan: Kanya ko pala hindi mabasa. Andy Lim. Para kay Andy Lim. 774 04:12:32,940 --> 04:12:44,090 Atty. Lorna Patajo-Kapunan: 50,000 pesos ang date 12-21-2023. Ano ang observation mo ulit? Kung meron man. 775 04:12:44,390 --> 04:12:53,670 Atty. Roderick C. Wamil: Yung date of payment po, December 27, 2023, is outside the coverage po nung kanilang period of disbursement, which is December 21 to 31, 2022. 776 04:12:56,560 --> 04:13:00,660 Atty. Lorna Patajo-Kapunan: Kung meron ang dilim, siguro dahil pikit. Objection, Your 777 04:13:00,660 --> 04:13:10,730 Atty. Michael Wesley Poa: Honor. I'm sorry, but I've been giving leeway to opposing counsel, but I think she's been coloring the contents of the documents more than what is shown in the documents itself. 778 04:13:10,730 --> 04:13:18,570 Atty. Lorna Patajo-Kapunan: Your Honor, I'm just reading. It says here. It says, Andilim. I think you 779 04:13:18,570 --> 04:13:19,570 Atty. Michael Wesley Poa: I think you know my point, Your Honor. 780 04:13:19,570 --> 04:13:30,270 Atty. Lorna Patajo-Kapunan: It's the way it sounds, Your Honor. It's like patiting. That's the way it's spelled. and the next one, maybe you will object again, it's Alejandro A. Pikit. I was gonna say, kanya siguro madali, may pikit ang mata. Pikit. 781 04:13:30,270 --> 04:13:31,730 Atty. Michael Wesley Poa: Exactly, Your Honor, our point, Your Honor. 782 04:13:32,690 --> 04:13:33,130 Atty. Lorna Patajo-Kapunan: Pikit. 783 04:13:33,290 --> 04:13:38,510 Sen. Francis "Chiz" G. Escudero: Counsel for the panel of prosecutors, I think you know what the counsel for the respondent is talking about. 784 04:13:38,730 --> 04:13:39,030 Atty. Lorna Patajo-Kapunan: Yes. 785 04:13:39,190 --> 04:13:40,150 Sen. Francis "Chiz" G. Escudero: Can they proceed accordingly? 786 04:13:40,510 --> 04:13:58,300 Atty. Lorna Patajo-Kapunan: Okay, Alejandro A. Pikit, P-18-544 for 90,000 pesos. And the date here again is 12-21-2023. Purchase of information. Any observation, Mr. Witness? 787 04:13:59,020 --> 04:14:07,240 Atty. Roderick C. Wamil: Yung date of payment po na December 21-23 based on this document is outside po dun sa kanilang period of disbursement. 788 04:14:07,660 --> 04:14:23,810 Atty. Lorna Patajo-Kapunan: P-1-8-556 being shown to you and flashed on the screen is for Fiona Byung. For 80,000 pesos, 12-22-2022, also for payment of information. 789 04:14:26,600 --> 04:14:28,400 Atty. Lorna Patajo-Kapunan: Any comment, Mr. Witness? 790 04:14:29,420 --> 04:14:37,600 Atty. Roderick C. Wamil: Wala naman po akong particular observation on this AR kasi yung purchase of information is allowed naman po under 4.8 of the joint circular. 791 04:14:37,980 --> 04:14:46,500 Atty. Lorna Patajo-Kapunan: And the last two, also for payment of information, P-1-8-654, 792 04:14:48,380 --> 04:15:11,420 Atty. Lorna Patajo-Kapunan: Cis, Ronyo, Balzac for 70,000 pesos and P-1-8-615 for Gabriel S. Bisaya for 70,000 pesos. 12-27-2022. Any observations, Mr. Witness? 793 04:15:14,930 --> 04:15:22,190 Atty. Roderick C. Wamil: Ayong date of payment po ng December 27, 2023, which is outside the coverage po nung kanilang period of disbursement. 794 04:15:25,140 --> 04:16:04,270 Atty. Lorna Patajo-Kapunan: Now, having shown you, having shown you selected few of these 845 acknowledgement receipts, can you confirm now that the ones shown to you and those that are part of your summary stated in your tabulation? Are the documents submitted to you by the Office of the Vice President by way of liquidation of monies allegedly paid to alleged payees and for alleged purposes? 795 04:16:05,330 --> 04:16:06,270 Atty. Roderick C. Wamil: Yes, ma'am. 796 04:16:10,210 --> 04:16:14,070 Atty. Lorna Patajo-Kapunan: I will go now to the Office of the Vice President. 797 04:16:16,520 --> 04:16:19,040 Atty. Lorna Patajo-Kapunan: What happened next, if any? 798 04:16:21,570 --> 04:16:27,080 Atty. Roderick C. Wamil: From what period po yung tinatanong niya, ma'am? From the date of... 799 04:16:27,080 --> 04:16:35,980 Atty. Lorna Patajo-Kapunan: After you received the response of the Office of the Vice President, what action did you take, if any? 800 04:16:36,400 --> 04:16:53,560 Atty. Roderick C. Wamil: I evaluated po the response, the explanation contained in the response as well as the documents po attached in the response and nag-issue po kami ng notice of suspension dahil hindi pa rin po kumain yung kanilang submission sa ICFAO. 801 04:16:55,050 --> 04:16:58,670 Atty. Lorna Patajo-Kapunan: Again, can you remind us what a notice of suspension is? 802 04:17:00,160 --> 04:17:20,540 Atty. Roderick C. Wamil: Based on the Joint Circular 2015-01, notice of suspension is written notification to the head of the agency and the agency accountant informing them of the temporary disallowance in audit of the disbursement because it appears that the disbursement 803 04:17:32,200 --> 04:17:33,240 Atty. Roderick C. Wamil: Yes, ma'am. 804 04:17:47,660 --> 04:17:55,150 Atty. Lorna Patajo-Kapunan: and for better appreciation of the Honorable Impeachment Court, we will be flashing the same on the screen. 805 04:18:05,620 --> 04:18:06,880 Sen. Francis "Chiz" G. Escudero: You may proceed, counsel. 806 04:18:08,190 --> 04:18:16,090 Atty. Lorna Patajo-Kapunan: In your notice of suspension which you said you issued and which is a common exhibit, what were your recommendations thereat? 807 04:18:18,030 --> 04:18:39,700 Atty. Roderick C. Wamil: In this notice of suspension po, katulad po nung in-explained ko kanina, may mga payment of rewards silang ginawa. in cash, in medicine, and in various goods, pero hindi po supported, properly supported with any document evidencing success as prescribed po in item 4.8.5 of the Joint Circular. That is observation number one po. 808 04:18:44,900 --> 04:18:51,060 Atty. Lorna Patajo-Kapunan: We are flashing on the screen and for easy reference, this has been boxed, Your Honor. What else? 809 04:18:52,310 --> 04:19:35,490 Atty. Roderick C. Wamil: Also, in the NSPO, yung katulad din nung sinabi ko kanina, meron silang mga purchases na ginawa, which is yung purchases of medicine, which were given as rewards, yung purchases of various goods, ay yung purchases of various goods, which were given as rewards, yung purchase supplies, yung tables and chairs, at yung desktop printers and computers, ay supported lamang ng acknowledgement receipts. instead of sales invoices or official receipts. And also, with respect to the purchased tables and chairs and desktop printers and computers, hindi po nila inindicate if these purchases were intended for the confidential operations of the Office of the Vice President. 810 04:19:37,980 --> 04:19:42,360 Atty. Lorna Patajo-Kapunan: What else is here in your notice of suspension? 811 04:19:44,980 --> 04:19:56,400 Atty. Roderick C. Wamil: Yung ibang acknowledgement receipts po, yung receipts of payment ay naka-December 2023. At yung ibang acknowledgement receipts ay wala pong date kung kailan nireceive ni PE yung payment po. 812 04:19:59,610 --> 04:20:09,570 Atty. Lorna Patajo-Kapunan: If these acknowledgement receipts, there are certain acknowledgement receipts dated 2023 if shown to you, would you be able to identify the same? 813 04:20:09,910 --> 04:20:10,430 Atty. Roderick C. Wamil: Yes, ma'am. 814 04:20:12,080 --> 04:20:13,140 Atty. Lorna Patajo-Kapunan: Showing to you now. 815 04:20:15,560 --> 04:20:19,140 Atty. Lorna Patajo-Kapunan: Acknowledgement receipts dated... 816 04:20:22,320 --> 04:20:37,530 Atty. Lorna Patajo-Kapunan: December 20, 2023, beyond the covered period of the last quarter of 2022. Please go over these documents. 817 04:20:39,920 --> 04:20:41,980 Atty. Lorna Patajo-Kapunan: Existing counsel, may I show the witness the documents? 818 04:21:10,810 --> 04:21:41,030 Atty. Lorna Patajo-Kapunan: Your Honor, please, this notice of suspension, as I mentioned earlier, is a common exhibit, Your Honor, and I will call the witness to please take a look. at Annex A of this Notice of Suspension which appears to be a tabulation of this undated and dated 2023 acknowledgement receipts. Are you looking at it? Annex A? 819 04:21:54,430 --> 04:22:01,810 Atty. Lorna Patajo-Kapunan: What is the total, Mr. Witness, based on your Annex A of your Notice of Suspension of 820 04:22:03,480 --> 04:22:12,760 Atty. Lorna Patajo-Kapunan: the Total amount for acknowledgement receipts issued for a period not covered by the confidential funds. 821 04:22:14,860 --> 04:22:18,880 Atty. Roderick C. Wamil: Can you clarify po yung question? Yung mga dated December 2023 po ba yun? 822 04:22:19,080 --> 04:22:20,300 Atty. Lorna Patajo-Kapunan: Yes, Mr. Witness. 823 04:22:20,740 --> 04:22:29,800 Atty. Roderick C. Wamil: Based on this annex po, yung total ng mga acknowledgement receipts na dated December 2023 ay 25,606,000 pesos. 824 04:22:31,320 --> 04:22:36,560 Atty. Lorna Patajo-Kapunan: For 2023, 25,606,000. 825 04:22:41,350 --> 04:22:47,990 Atty. Lorna Patajo-Kapunan: What about confidential funds liquidated based on undated acknowledgement receipts? Na walang date? 826 04:22:48,000 --> 04:22:48,550 Atty. Roderick C. Wamil: Based— 827 04:22:48,560 --> 04:22:52,870 Atty. Lorna Patajo-Kapunan: Undated. Is that also shown in your Annex A? 828 04:22:52,880 --> 04:22:53,670 Atty. Roderick C. Wamil: Yes po, ma'am. 829 04:22:53,680 --> 04:23:02,630 Atty. Lorna Patajo-Kapunan: Can you tell this court how much that amount is for undated acknowledgement receipts? 830 04:23:02,640 --> 04:23:07,340 Atty. Roderick C. Wamil: Ang total amount po ay 3,276,000 pesos po. 831 04:23:08,210 --> 04:23:16,650 Atty. Lorna Patajo-Kapunan: Okay, and pag tinotal natin ito, magkano lahat ito ang nakalagay sa Notice of Suspension? 832 04:23:18,970 --> 04:23:21,750 Atty. Roderick C. Wamil: Yung undated tsaka December 23? 833 04:23:21,750 --> 04:23:21,760 Atty. Lorna Patajo-Kapunan: Yes, 834 04:23:21,770 --> 04:23:26,910 Atty. Roderick C. Wamil: Mr. Martinez. Bali, ang magiging total po ay almost 29 million pesos po. 835 04:23:31,830 --> 04:23:39,090 Atty. Lorna Patajo-Kapunan: Sa Notice of Suspension, what other findings are stated there? 836 04:23:42,430 --> 04:23:56,290 Atty. Roderick C. Wamil: Sa Notice of Suspension po, May findings din po about some expenses po na pinresent doon sa kanilang acknowledgement receipts na hindi presented doon sa kanilang accomplishment report. 837 04:23:58,800 --> 04:24:00,280 Atty. Lorna Patajo-Kapunan: What else, Mr. Witness? 838 04:24:02,310 --> 04:24:22,710 Atty. Roderick C. Wamil: Number 5 po dun sa notice of suspension, katulad po nung sinabi ko kanina, yung total expenses nila based on the acknowledgement receipts ay umabot ng 125,150,000, which is 150,000 in excess po dun sa kanilang total expenses based on the accomplishment report na 125,000,000 pesos. 839 04:24:23,460 --> 04:24:35,990 Atty. Lorna Patajo-Kapunan: Let me try to understand this. Nag-issue ng total e sobra. Nag-liquidate. pero ang li-liquidate nila ay sobra sa amount na 150 million. 840 04:24:36,820 --> 04:24:37,420 Atty. Roderick C. Wamil: Ang 841 04:24:37,420 --> 04:24:39,360 Atty. Lorna Patajo-Kapunan: ginastos po nila based on the acknowledgement 842 04:24:39,360 --> 04:24:43,440 Atty. Roderick C. Wamil: receipts ay sobra po compared dun sa laman ng kanilang accomplishment report. 843 04:24:43,800 --> 04:24:45,480 Atty. Lorna Patajo-Kapunan: May discrepancy? May 844 04:24:45,480 --> 04:24:47,700 Atty. Roderick C. Wamil: discrepancy po na 150,000 pesos. 845 04:24:48,660 --> 04:24:55,760 Atty. Lorna Patajo-Kapunan: What happened? May notice of suspension. What happened after you issued this notice of suspension? After 846 04:24:55,760 --> 04:25:04,740 Atty. Roderick C. Wamil: po may issue yung notice of suspension ay wala na po akong personal knowledge since nag-transfer na po ako to other audit sector of the Commission on Audit. 847 04:25:13,360 --> 04:25:40,910 Atty. Lorna Patajo-Kapunan: Thank you, Mr. Witness. We have just finished the liquidation of the last quarter of 2022. We are mindful, Your Honor, of the request of the presiding. Judge to end at 2.30. Would you like us to continue? There are three more quarters for the Office of the Vice President and the Department of Education. We can start for ten more minutes or we can end here. 848 04:25:41,090 --> 04:25:52,430 Sen. Francis "Chiz" G. Escudero: Let's end at 2.30, counsel. Let's try to use up the time. You can proceed with the first quarter of the OVP. All of these documents are admitted and stipulated to by the counsel for respondent anyway. 849 04:25:52,770 --> 04:25:56,390 Atty. Lorna Patajo-Kapunan: Yes, Your Honor. Now, Mr. Witness, let's now go to the first court. 850 04:25:58,070 --> 04:25:58,670 Atty. Lorna Patajo-Kapunan: Let 851 04:26:01,740 --> 04:26:06,440 Atty. Lorna Patajo-Kapunan: us now go to the first quarter. 852 04:26:21,400 --> 04:26:34,840 Atty. Lorna Patajo-Kapunan: Mr. Witness, you mentioned earlier that aside from the fourth quarter of 2022, you also audited the OVP's liquidation of confidential funds for the first three quarters of 2023. You confirm that, Mr. Witness? 853 04:26:35,260 --> 04:26:36,460 Atty. Roderick C. Wamil: Yes, Po. I confirm, Po. 854 04:26:37,800 --> 04:27:02,930 Atty. Lorna Patajo-Kapunan: If I show you the OVPs, the Office of the Vice President's Response, dated November 30, 2023, a stipulated document, and for prosecution marked as Exhibit P-1-12-D, dated November 30, 2023. And we are showing it on the screen, Your Honors, for better appreciation by the Impeachment Court. 855 04:27:23,860 --> 04:27:26,000 Atty. Lorna Patajo-Kapunan: What Mr. Witness were... 856 04:27:28,010 --> 04:27:42,230 Atty. Lorna Patajo-Kapunan: if any, were the liquidation documents submitted by the Office of the Vice President as regards the confidential funds received for first quarter and the second quarter of 2023? 857 04:27:42,970 --> 04:27:56,180 Sen. Francis "Chiz" G. Escudero: Counsel, just to point it out, I believe that the November 30 response pertains to the last quarter of 2022, not the first quarter of 2023. 858 04:28:03,150 --> 04:28:06,010 Atty. Lorna Patajo-Kapunan: Yes, Your Honor. Thank you for pointing it out, Your Honor. 859 04:28:07,590 --> 04:28:12,660 Atty. Lorna Patajo-Kapunan: For the first quarter of 2023, 860 04:28:14,520 --> 04:28:15,540 Atty. Lorna Patajo-Kapunan: what 861 04:28:17,200 --> 04:28:26,140 Atty. Lorna Patajo-Kapunan: documents were submitted by the Office of the Vice President by way of liquidation of the confidential funds for this period? 862 04:28:27,310 --> 04:29:19,110 Atty. Roderick C. Wamil: The documents submitted by the Office of the Vice President for the first and second quarter of 2023 include yung kanilang liquidation report, yung disbursement voucher, yung cheque, yung obligation request, their physical and financial plan for calendar year 2023, yung kanilang quarterly accomplishment reports, and yung proof of submission po noon dun sa Office of the President. The Senate President and the Speaker of the House, yung certification po nung Accountable Officer on the utilization of the Confidential Band, yung designation po nung kanilang Special Dispersing Officer, yung specimen signatures nung signatories nung documents, at yung fidelity band po nung kanilang Accountable Officers. 863 04:29:20,180 --> 04:29:38,690 Atty. Lorna Patajo-Kapunan: And Mr. Witness, if these documents are shown to you, would you be able to identify the same? Again, Your Honor, the documents mentioned by the witness are stipulated documents and marked both by the prosecution and defense. 864 04:30:05,460 --> 04:30:19,170 Atty. Lorna Patajo-Kapunan: Showing to you, Mr. Witness, liquidation documents for the period covering February 6 to March 29, 2023. For another period, April 25. 865 04:30:22,930 --> 04:30:23,810 Atty. Roderick C. Wamil: Among 866 04:30:39,400 --> 04:30:42,340 Atty. Lorna Patajo-Kapunan: the documents being 867 04:30:44,100 --> 04:30:54,020 Atty. Lorna Patajo-Kapunan: shown to you is a physical and financial plan issued by the Office of the Vice President for calendar year 2023. 868 04:30:55,590 --> 04:31:15,490 Atty. Lorna Patajo-Kapunan: being flashed on the screen specifically a physical and financial plan dated January 20, 2023 marked as exhibit P-1-14-A-1 common exhibit with the respondent defense. On 869 04:31:22,820 --> 04:31:30,360 Atty. Lorna Patajo-Kapunan: the lower right side of this document there appears a signature below the words approved by 870 04:31:31,980 --> 04:31:34,020 Atty. Lorna Patajo-Kapunan: Whose signature is this, Mr. Witness? 871 04:31:35,120 --> 04:31:39,320 Atty. Roderick C. Wamil: This is the signature of the Vice President, Sara Duterte. And 872 04:31:39,320 --> 04:31:41,840 Atty. Lorna Patajo-Kapunan: again, tell us why you know this signature. Tell us. 873 04:31:42,140 --> 04:31:58,320 Atty. Roderick C. Wamil: Because the OBP submitted specimen signatures of the signatories and one of the specimen signatures submitted is that of the Vice President and her signature on the specimen signature submitted is the same with her signature on this document. And 874 04:31:58,320 --> 04:32:02,920 Atty. Lorna Patajo-Kapunan: in this very same document, there is a phrase. quote-unquote, approved by. 875 04:32:04,450 --> 04:32:05,710 Atty. Lorna Patajo-Kapunan: What does this mean? 876 04:32:07,060 --> 04:32:14,980 Atty. Roderick C. Wamil: Ang ibig sabihin po noon ay in-approve po ni Vice Presidente yung contents nung physical and financial plan na sinubmit sa ICFAO. 877 04:32:16,120 --> 04:32:22,560 Atty. Lorna Patajo-Kapunan: Please take a look at these documents and tell us what significant observations have you made? 878 04:32:23,640 --> 04:32:35,780 Atty. Roderick C. Wamil: If any. Based on this document po, hindi po naka-integrate doon sa Column A yung specific confidential activities as required po under 4.2 of the Joint Circular 2015-01. 879 04:32:38,010 --> 04:32:39,490 Atty. Lorna Patajo-Kapunan: Why is this necessary? 880 04:32:40,820 --> 04:32:49,280 Atty. Roderick C. Wamil: It is necessary po since under item 4.2 po of the Joint Circular, it shall be the basis po noong disbursements ng kanilang confidential fund. 881 04:32:51,580 --> 04:32:53,720 Atty. Lorna Patajo-Kapunan: What else did you observe, Mr. Witness? 882 04:32:56,430 --> 04:32:57,790 Atty. Roderick C. Wamil: Since they 883 04:32:57,790 --> 04:33:09,150 Atty. Roderick C. Wamil: did not enumerate their specific confidential activities, the columns for the expected outcome and the column for the physical target are not complete since they 884 04:33:09,150 --> 04:33:12,670 Atty. Roderick C. Wamil: did not match their specific confidential activities. 885 04:33:13,190 --> 04:33:20,770 Atty. Lorna Patajo-Kapunan: For the record, because it's not quite clear, could you read for the record what is there stated in the third column? 886 04:33:21,850 --> 04:33:36,410 Atty. Roderick C. Wamil: In the third column, physical target. Letter A, number of identified areas with surveillance conducted and monitored, and Letter B, percentage of activities implemented without and towards security-related incidents. 887 04:33:38,460 --> 04:33:47,260 Atty. Lorna Patajo-Kapunan: You mentioned number of areas. What specific number was indicated there? 888 04:33:49,340 --> 04:33:52,740 Atty. Roderick C. Wamil: There is 889 04:33:52,800 --> 04:33:57,600 Atty. Lorna Patajo-Kapunan: no indication as to areas. What about where specifically? 890 04:33:59,540 --> 04:34:04,780 Atty. Lorna Patajo-Kapunan: province, city where this surveillance is conducted. 891 04:34:06,790 --> 04:34:09,690 Atty. Roderick C. Wamil: Wala po naka-indicate dito based on this document po. 892 04:34:10,260 --> 04:34:12,640 Atty. Lorna Patajo-Kapunan: And why is that necessary, Mr. Witness? 893 04:34:16,320 --> 04:34:18,480 Atty. Roderick C. Wamil: Actually, this is a 894 04:34:18,480 --> 04:34:22,740 Atty. Roderick C. Wamil: Actually, this is a physical and financial plan so ito pa talaga yung basis nila for their disbursement. 895 04:34:24,820 --> 04:34:27,160 Atty. Lorna Patajo-Kapunan: What else is indicated there? 896 04:34:31,840 --> 04:34:33,640 Atty. Roderick C. Wamil: Can you repeat your question po? 897 04:34:35,910 --> 04:34:40,730 Atty. Lorna Patajo-Kapunan: Ano pa ang nakalagay dyan sa third column na Binabasa natin kanina. 898 04:34:40,990 --> 04:34:47,650 Atty. Roderick C. Wamil: Yung dalawa lang po, yung A and B. Number of identified areas and the percentage of activities implemented. 899 04:34:48,430 --> 04:34:52,490 Atty. Lorna Patajo-Kapunan: And Mr. Witness, any other observation that you have made? 900 04:34:53,230 --> 04:35:06,770 Atty. Roderick C. Wamil: Katulad po nung sinabi ko kanina, dapat ay nakamatch yan dun sa kanilang specific confidential activities. Pero since hindi po naka-enumerate yung kanilang specific confidential activities, so hindi rin po kompleto yung information dun sa kanilang physical target. 901 04:35:07,940 --> 04:35:15,860 Atty. Lorna Patajo-Kapunan: Based on this, what is the applicable provision of the Joint Circular? The item 902 04:35:15,860 --> 04:35:17,680 Atty. Roderick C. Wamil: 4.2 of the Joint Circular. 903 04:35:17,860 --> 04:35:21,240 Atty. Lorna Patajo-Kapunan: It provides 904 04:35:21,430 --> 04:35:37,240 Atty. Roderick C. Wamil: that all allocations for confidential plan must be supported with a physical and financial plan which shall indicate The proposed amount for each project, programs, and activities where the disbursements from the confidential bond shall be based. 905 04:35:38,580 --> 04:35:49,600 Atty. Lorna Patajo-Kapunan: We now go to the last set of documents which are also stipulated documents. 906 04:35:56,420 --> 04:35:57,100 Atty. Lorna Patajo-Kapunan: I 907 04:36:03,020 --> 04:36:10,550 Atty. Lorna Patajo-Kapunan: am showing to you three checks specifically land bank checks. A land bank check 908 04:36:12,710 --> 04:36:24,970 Atty. Lorna Patajo-Kapunan: 00244053, dated January 31, 2023, previously marked as Prosecutions Exhibit P-1-11-B. Again, this is a stipulated document. 909 04:36:27,530 --> 04:36:30,870 Atty. Lorna Patajo-Kapunan: What, if any, is the significance of this land bank check 910 04:36:31,640 --> 04:36:32,780 Atty. Roderick C. Wamil: being 911 04:36:32,780 --> 04:36:34,720 Atty. Lorna Patajo-Kapunan: flashed on the screen for easy reference? 912 04:36:41,260 --> 04:36:43,720 Atty. Lorna Patajo-Kapunan: At magkano ang land bank cheque na yan? 913 04:36:43,980 --> 04:36:52,180 Atty. Roderick C. Wamil: Based on these land bank cheques po, ang amount po ay 125 million pesos per quarter from the first to third quarter of 2023. 914 04:36:54,260 --> 04:37:11,190 Atty. Lorna Patajo-Kapunan: Another cheque, land bank cheque, number 00245511, dated April 18, 2023, marked as Exhibit P-1-11-C, another stipulated document. What is the significance of this cheque? 915 04:37:13,140 --> 04:37:19,720 Atty. Lorna Patajo-Kapunan: being shown to you, Mr. Witness, and being flashed on the screen for easy reference of the impeachment court. 916 04:37:22,390 --> 04:37:28,790 Atty. Roderick C. Wamil: Ang significance po nito ay pwede na nilang i-withdraw. It is a proof that pwede na nilang i-withdraw yung amount of the cash advance. 917 04:37:38,720 --> 04:37:41,360 Atty. Lorna Patajo-Kapunan: And, Mr. Witness, these 918 04:37:43,500 --> 04:37:45,500 Atty. Lorna Patajo-Kapunan: three checks, and 919 04:37:47,420 --> 04:37:48,940 Atty. Lorna Patajo-Kapunan: there is one last more. 920 04:37:49,240 --> 04:37:50,200 Sen. Francis "Chiz" G. Escudero: One more check, counsel. 921 04:37:50,440 --> 04:37:51,600 Atty. Lorna Patajo-Kapunan: One more check. 922 04:37:53,360 --> 04:38:12,340 Atty. Lorna Patajo-Kapunan: Land bank check number 00024566. 4, dated July 13, 2023, marked as prosecution exhibit P-1-11-D, also stipulated common exhibit. Please take a look at this cheque. Tell 923 04:38:17,370 --> 04:38:20,450 Atty. Lorna Patajo-Kapunan: us the significance of this cheque. The 924 04:38:20,450 --> 04:38:27,890 Atty. Roderick C. Wamil: significance of this cheque po is it is a proof po na pwede na nalang i-withdraw yung kanilang cash advance for this quarter. 925 04:38:28,520 --> 04:38:31,500 Atty. Lorna Patajo-Kapunan: And this cheque submitted to your office? 926 04:38:34,050 --> 04:38:34,610 Atty. Lorna Patajo-Kapunan: Yes, 927 04:38:35,090 --> 04:38:35,350 Atty. Roderick C. Wamil: ma'am. 928 04:38:35,930 --> 04:38:40,290 Atty. Lorna Patajo-Kapunan: Are the very same checks that you identified this afternoon? 929 04:38:40,710 --> 04:38:41,470 Atty. Roderick C. Wamil: Yes, ma'am. 930 04:38:43,000 --> 04:38:44,360 Atty. Lorna Patajo-Kapunan: With the indulgence of counsel, 931 04:38:44,600 --> 04:38:48,000 Sen. Francis "Chiz" G. Escudero: you want to wrap up there and continue your direct tomorrow? 932 04:38:48,440 --> 04:38:49,040 Atty. Lorna Patajo-Kapunan: Yes, Your Honor. 933 04:38:53,410 --> 04:39:06,610 Sen. Francis "Chiz" G. Escudero: The witness is excused. Mr. Wamil, kindly be here again tomorrow at 10 a.m. for the continuation of your testimony. You will be testifying under the same oath. Now, for some administrative matters. 934 04:39:08,930 --> 04:42:37,760 Sen. Francis "Chiz" G. Escudero: Pursuant to the July 20, 2026 ruling of the Presiding Officer, the BIR, Bureau of Internal Revenue, the Anti-Money Laundering Council, BDO Unibank, Philippine Savings Bank, PS Bank, Metropolitan Bank and Trust Company, Security Bank, Land Bank of the Philippines, and the Bank of the Philippine Islands, through their representatives, submitted. The subpoena documents to the Office of the Clerk of Court on July 30, 2026. During their submission, however, BDO, Unibank, and Security Bank manifested their request for an additional period of 10 days 10 banking days, rather, until August 13 to submit documents which they were not able to submit on time. BDO requested for additional time to retrieve, compile, produce, and submit Item number three in the subpoena, namely all account transactions, records, ledgers, journals, etc., and transaction logs. Meanwhile, security bank manifested that due to the volume, it was unable to complete the printing of documents pertaining to two of the 20 entities, namely GenCorp Industries and Cali88 Foods Corporation. And view of the foregoing. The court resolves to note and grant the request of BDO for an additional 10 days 10 banking days rather or until August 13 to submit the additional documents required by the subpoena duces tecum Likewise, BDO is directed to submit four additional USB flash drives containing the electronic copies of the subpoena documents which were submitted on July 30. The same ruling applies for the other banks and government agencies and offices. The Court also notes and grants the request of Security Bank for an additional 10 working days from July 30 until August 13 to submit to the Clerk of Court the three certified true copies and five USB flash drives containing the complete electronic copies of the bank records pertaining to GenCorp Industries Inc. and Cali Foods 88. For the information of the Senator-judges, the Clerk of Court received the submission coming from the BIR After the BIR Commissioner submitted a presidential authorization providing for the release of the documents from the BIR as required by Section 71 in relation to Section 270 of the National Internal Revenue Code in compliance again with the Court's directive prior to receiving its submission. for the information of the senator-judges and then for the information of the parties. Copies shall be given, if at all, to the parties after the submissions shall have been completed where the parties will be given equal opportunity to review the documents, photocopy the same, and study the same since this is still the last article we will be taking up. So ordered. If there are no other business to be taken up, we will adjourn the trial and for the information of the senator-judges, session shall... be convened at 3 p.m. in the afternoon upon advice of the Senate President, Senator, Senate President Nguyen Nguyen. Trial is adjourned until tomorrow, August 4, at 10 a.m.