August 25, 2026

This

is directed to

make a proclamation.

All persons are commanded to keep silent under pain of penalty while the impeachment court is in session for the trial of Vice President Sara Zimmerman-Duterte.

The impeachment trial of Vice President Sara Zimmerman-Duterte is hereby called to order. Let us rise for a minute of silent prayer.

Amen.

The clerk of court will now call the roll.

senator-judge, Cayetano-Alan, senator-judge, Cayetano-Pia, senator-judge, De La Rosa, senator-judge, Ejercito, senator-judge, Estrada, senator-judge, Goh, senator-judge, Hontiveros, 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, the Senate President, senator-judge Gatchalian.

With 15 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 duly elected presiding officer to preside over the proceedings of the impeachment court.

If there are not, thank you, Mr. Senate President. If there are no objections, we shall dispense with the reading of the August 24, 2026 Journal of the Senate, Citizens and Impeachment Court, and shall consider the same as approved. The Clerk of Court will kindly call the case before the Impeachment Court.

Case number 004-2026, in the matter of impeachment trial of Vice President, Sara Zimmerman Duterte.

Appearances of the parties.

Same appearance for the prosecution, Your Honors. We're ready.

Good morning, Your Honors. Same appearance for the respondent accused.

Thank you. We are in receipt. Before we proceed to our next witness, I believe it's going to be Mr. Ortoño. We are in receipt of a request for stipulation with respect to certain circumstances and documents from the prosecution. Is that correct? Do you confirm, Honorable Choa?

Yes, Your Honor.

We got a copy of the one The lead counsel for respondent already responded to the request for stipulation for Eduardo Fajarda yesterday, I believe, and only stipulated to the first two points. Now this one for Ortoño, we got it only last night. May I ask the counsel for respondent when you got the request for stipulation? We

also received this just last night, Your Honor, by email.

Is there an equal request for stipulation with respect to documents?

I believe, Your Honor, that on the third page of this new request for stipulation with respect to Mr. Lemuel Ortoño, there are certain documents that the prosecution requests for stipulation. But this will be addressed during the presentation and the cross-examination of the witness, Your Honor.

So can you already comment on the request for stipulation with respect to Ortoño, Attorney Sheila?

We can, Your Honor. We can only stipulate on items 1, 2, 3, 4, 5, 7.

That's it, Your Honor.

Your Honor.

Hold on, Honorable Chua. In regard to the documents, Attorney Sheila, some of these, if not all, I haven't checked actually individually because this is a different list from the list of documents that I have that Ortonio may identify based on our own study of the pretrial. Order and markings. How about the documents, Attorney?

That's our concern, Your Honor, since we only received this last night and this is inconsistent also with the order of this court that any request for stipulation must be provided to the other party at least one day before the hearing, Your Honor. And therefore, we would prefer to hear first the comment of the prosecution on this witness and we will respond accordingly afterwards, Your Honor. And also, Your Honor, I will ask later on at the start of the presentation of the witness for another counsel to be acknowledged and recognized. At

the appropriate

time, Attorney Sison.

Yes, Your Honor.

Yes, Honorable Chua. Can I now, Your Honor, turn over to the counsel for the prosecution, Attorney May Divina Gracia?

May

Divina Gracia, Your Honor.

Will be the one handling. Yes, Your Honor.

We're not yet there, counsel. I'm still at the point of trying to abbreviate the proceedings, at least with respect to the documents.

And to give a shot at the counsel for respondents looking at the documents, how many are common documents or common exhibits? Because to the mind of the presiding officer, counsels, if it is a common exhibit, meaning marked by both parties separately, Unless there is a proof or allegation of fraud and or probable mistake or absence of regularity, then it would have to be proven through the witness. However, absent that, the court can take it as already being authentic and its due execution having been established without need of proof through the identification of a witness. If there is that chance, the court is willing to give the parties a few minutes while the court is discussing its ruling with respect to the point raised by Attorney Sheila last August 12, which will take roughly about 20 to 25 minutes. Would that be enough time, Attorney Sheila, for you to go over the documents?

I think, Your Honor,

we'll just need around five minutes. We're amenable to some stipulation under item number 25, except for item number 25B. and V, Beta and Victor, Your Honor, because these are not common exhibits. But with the rest of the items under number 25, we probably will just be needing five minutes to see the prosecution's documents.

return to this court with a response to the request for stipulation. Five

minutes? If it's five minutes, the court will defer its ruling on your August 12th manifestation and just simply give you five minutes before we call Ortoño. Thank you, Your

Honor.

Okay, five minutes. Court declares a brief recess

in order for the parties to be able to stipulate on the documents they will be presenting to the witness Ortoño to save on the court's

time. Trial is in recess.

Trial

is resumed.

May we hear from the counsel for the respondent with respect to the proposed stipulations on item number 25 in regard to the documents?

We can stipulate on item number 25, Your Honor, and on the documents listed under that paragraph from A to V, Your Honor.

From Alpha to Victory?

Yes, Your Honor, subject to comment on the eventual offer.

Thank you very much, counsel. Thank you for helping the court in abbreviating the proceedings. Now, Honorable Chua, who again will be the one to present the witness, Ortonio?

The counsel for the prosecution, Attorney May Divina Gracia.

Attorney May Divina Gracia, you are recognized, ma'am.

Your Honor.

Yes, Attorney Sheila,

on the part of the

respondents.

May I also ask that Attorney Christine Ferrer be recognized as counsel for the defense today, Your Honor, for

this witness.

Attorney Ferrer is

recognized. Thank you,

Your Honor.

Good

morning, Your

Honors. Is it correct to address you, Attorney May?

Yes, Your Honor.

So it'll be Attorney May and Attorney Christine.

Yes, Your Honor.

Call your witness, Attorney May.

Your Honor, we would like to call to the witness stand our sixth witness in the person of Mr. Lemuel G. Ortonio.

The Clerk of Court is directed through the OSAA to kindly situate Mr. Ortonio at the witness stand.

The Clerk of Court is directed to administer the oath to the witness.

Mr. Ortonio, please raise your right hand. You, Lemuel G. Ortonio, do swear that the evidence you shall give In the case now pending between the Philippines and Vice President Sara Zimmerman Duterte shall be the truth, the whole truth, and nothing but the truth. So help me God.

Kindly place on the record because it was inaudible that the witness responded in the affirmative by saying yes.

Attorney May, your witness for direct examination, kindly make the offer.

Yes, Your Honor, but before we proceed to our offer, Your Honor, we would like to Just to read for the record, the matters that were already stipulated, Your Honor, for avoidance of doubt.

You may do so, counsel. You may proceed.

So, first, that the witness, Mr. Lemuel G. Ortoño, is the Assistant Secretary and Assistant Chief of Staff of the Office of the Vice President. Second, he holds the position of Assistant Secretary at salary grade 29.

Third, his appointment is coterminous with the term of the Vice President.

And fourth,

his position is one of trust and confidence. May the defense kindly confirm if those are all the matters that you're willing to stipulate on, as well as, sorry, Your Honor, they're also stipulating on the authenticity and the genuine execution of the documents listed in paragraph 25 of the request for stipulation.

Attorney Christine?

Yes, Your Honor, subject to cross-examination.

Duly noted. Kindly proceed with your offer, Attorney May.

Your Honors, we are offering the testimony of Mr. Lembel G. Ortoño to qualify him as a hostile witness and to prove the following. Number one, the confidential funds answered to no legitimate confidential purpose.

The amount was requested before the supporting plan was produced and the 2023 plan just repeated the operative language of the 2022 plan. Nauna ang 250 million, sumunod ang plano, matapos itong hingin ng DBM. Hindi plano ang nagtakda ng halaga. Ang halaga ang nauna, saka hinabol ang plano. Number two, the respondent's handprints are in every document that mattered. Mula request hanggang liquidation, Nasa mahalagang dokumento ang kanyang otoridad at pag-apruba. Number three, the reports were written to fit the rules, not the facts. Apat na ulat, iisang template. Mga halagang hindi nagbabago at laging eksaktong 125 million. Not a peso more, not a centavo less. Walang natira, Walang sinaulit. Number four. Five days after COWA questioned the medical and food aid item, the line disappeared while the report still totaled exactly 125 million. Quinestron ng Commission on Audit ang medical and food aid na may halagang 40 million, 42 million, at 40 million sa tatlong unang accomplishment reports. Makalipas ang limang araw, wala na ito sa huling accomplishment report. Pero 125 million pa rin ang kabuuhan ng halaga. Number five. In two years, not one area, not one operation was ever named. Daang-daang area ang iniulat. 500 million ang ginastos. Ngunit wala ni isang lugar, ni isang operasyon. ni isang petsa ang pinangalanan. Number six, the liquidation was late, irregular, and backdated. Sampung buwan huli ang mga resibo. Mahigit isang daan ang may petsang isang taon pagkatapos ng diumanoy bayaran. Number seven, the certifications vouched for nothing and were signed by the man who received the money. Walang untoward incident. Iyan lamang ang pinatutunayan. Walang halaga, walang pangalan, walang lugar at walang petsa. At ang pumirma, ang mismong tumanggap ng pera. Number eight. The 500 million bought protection the Vice President already had. And against threats, the AFP and the PNP were already paid billions to watch.

473 sundalo at polis na ang nagbabantay sa kanya. Sahod ng Republika. Mula sa ibang pondo. Walang pangalawang Pangulo sa kasaysayan ang nagkaroon ng ganito. At ang mga bantang tinutukoy sa mga ulat, ang NPA at mga teroristang grupo. Sakop na ng intelligence funds ng AFP at PNP. Bayad na ang proteksyon. Bayad na ang pagbabantay bago pa ang kahit isang piso ng confidential funds. Number nine, the justification for the confidential funds shifted with every finding. Sa DBM, safe implementation ng good governance programs, official engagements, and functional representation ng pangalawang Pangulo. Sa mga plano, confidence building. for good governance programs. At pagsapit ng 2023, socio-economic program delivery. Sa mga certifications, surveillance and information gathering to prevent and toward incidents from transpiring. Sa protective intelligence operations reports for intelligence gathering naman. Sa mga sagot sa audit observation memoranda at notices or at notice of suspension. for surveillance activities to determine where best to implement the OVP's programs. Anim na bersyon, iisang pondo. Number 10. The officials knew, answered nothing. The man who says he knew nothing, answered everything. Lahat ng sagot sa COA, pirma ng kistigong ito na ang sabi wala siyang personal na kaalaman. Ang mga tunay na nakakaalam, respondent vice president, special disbursing officer, at ang Colonel, wala ni isang sumagot. Number 11, the explanations for the confidential funds are a sham. And the failure to account the funds gives rise to the presumption of misappropriation. Pabago-bago ang paliwanag, walang detalye, walang dokumentong sumusuporta, pagtatakip, hindi pagpapaliwanag. At hanggang ngayon, hindi na-account ang 500 million ng bayan. Sa ganitong kabiguan, At atas na mismo ang nagsasalita, prima facie, na ipinalalagay na ang pondo ay ginamit para sa sariling kapakanan. That would be all for your

Honor.

Comment, Attorney Christine?

Yes, Your Honor. We note that the 11 items that were mentioned by the prosecution are all conclusions of fact and law, Your Honor. And actually, they are... Mayor's speculations and conjectures, Your Honor, not being proven before this honorable court and they are all theories and with all due respect, soundbites, Your Honor. Nevertheless, we will cross-examine the witness to verify the allegations or to disprove the allegations of the prosecution.

They may be statements of fact or law, counsel, but that's what they seek to prove.

Through this witness, hopefully, by declaring him as a hostile witness in due time. Duly noted, comment of the counsel for responders noted, you may proceed with your direct examination, Attorney May.

Your Honor, before I proceed, we would just like to request for a continuing authority for our assisting counsel, Attorney Oliver Sikaidot, to approach the witness and... present and confront him with the necessary and relevant documents whenever we mention those documents.

Granted, as well as who would be the counterpart assisting counsel from the respondent, Attorney Christine?

Yes, Your Honor, Attorney David Gola.

Granted, insofar as both parties are concerned in regard to their respective assisting counsels who may approach the witness at any time during the direct and cross.

And also, Your Honor, we request a similar continuing authority. for us to flash on the screen the relevant documents when mentioned for the appreciation of this honorable court and of everyone, Your Honor.

Granted likewise, including a similar grant with counsel for respondent should she decide to do so as well during her cross.

Thank you, Your Honor.

You

may proceed,

counsel, when you're ready.

Yes, Your Honor. Good morning, Mr. Antonio.

Good morning, Ma'am Maimbunta. Good morning.

Mr. Antonio, naiintindihan ko po na ikaw ngayon ay nagsisilbing Assistant Secretary and Assistant Chief of Staff sa Office of the Vice President. Tama po ba?

That's correct po.

Kailan naman po kayo nagsimulang manungkulan bilang Assistant Secretary and Assistant Chief of Staff sa Office of the Vice President?

I started working as the Assistant Secretary and Assistant Chief of Staff last July 2022.

Now, Mr. Antonio, at whose pleasure do you serve those positions?

I report directly to the Vice President, Sara Z. Duterte.

And prior to becoming Assistant Secretary and Assistant Chief of Staff, saan naman po kayo nagtatrabaho kung meron man?

I used to work with the City Government of Davao as the head of the Human Resource Management Office.

Time po na yon na nagsilbi kayo ng head ng Human Resource Management. Sino naman po ang mayor ng panaw ngayon?

The mayor at the time is the Vice President, Sara Z. Duterte.

And when did you serve as such? As head of the Human Resource Department of the City Government of Davao City?

I started working as the head of the Human Resource Management Office in 2018.

starting 2018.

And, kanina naman po kayo nagre-report nung nanulungkulan kayo bilang head of the resource, human resource department?

As the head of the human resource, as the department head, I report directly to the mayor and as well have reportorial duties to the city administrator.

Prior to that, Mr. Ortonio, ano naman po ang inyong naging katungkulan kung meron man? City Government of Davao City.

Prior to being the Human Resource Head, I also headed the Davao City Investment Promotion Center. That's from 2016 all the way to 2018 as well. And then in 2010 to 2013, I served as the Chief of Staff of the Office of the Mayor.

2008 until 2010, I served as the chief of staff under the office of the vice mayor.

Isa-isa yun po natin. Noong nanungkulan kayo bilang head ng Davao City Investment and Promotion Center, sino naman po ang nanungkulan bilang mayor ng Davao City at that time?

The mayor at the time is Vice President Sara Duterte.

Noong time naman po nanungkulan kayo bilang chief of staff, sino naman po ang nanungkulan? bilang Mayor at the time.

It's the Vice President, Sara Z. Duterte.

At huli, noong nanungkulan kayo noong 2008 onwards, sino naman po ang nanungkulan? Or ano, sino naman po ang nanungkulan bilang Vice Mayor at the time?

The Vice Mayor at the time is Vice President, Sara Z. Duterte.

Now, prior to 2008, saan kayo nanungkulan o nagtatrabaho kung meron na?

Prior to 2008, I worked with a government-owned and controlled corporation and I also worked at a local chamber of commerce.

Maari niyo pong banggitin sa korte na ito kung saan po iyon, yung mga kumpanyang iyon?

My first working experience was with the Pag-ibig Fund. That was four years and then I worked around four or about four to six months with the Davao City Chamber of Commerce.

Thank you.

Mr. Antonio, in October 2024, ano naman po ang mga compulsory processes, if any, na natanggap ninyo mula sa House Committee on Good Government and Public Accountability?

I was invited to appear before the committee hearings for the Committee on Good Governance. At

sa ano-anong pecha naman po kayo inimbitahang mag-appear?

As to the exact dates, ma'am, I cannot remember anymore the exact dates. However, there were several invitations that were extended to me.

Several invitations or several hearings?

Yes, that's

correct. Ano naman po ang naging tugon ninyo dun sa mga ibat-ibang imbitasyon na yun?

One of the reasons there was that it's a mere invitation.

I'm sorry, Mr. Antonio, I have to cut you. Please just be responsive so as not to waste this honorable court's time. The question is merely, what was your response to those invitations for you to appear? You mentioned several.

What

was your response? The

response was, I will not attend the hearings.

Okay, so that was your response. What, if any, judicial remedy did you seek? against those invitations.

Did

you ask for

injunctive relief against the compulsion or the invitation for you to attend the hearings mentioned in those invitations?

The reason, ma'am, was that it's a mere

invitation. Again, Mr. Antonio, I'm sorry, I don't want to be difficult, but again, let me just remind you to please be just responsive to the question. The question is simply, What judicial relief, if any, did you apply for in response to those invitations?

If I can remember, ma'am, none, ma'am.

Okay. And what was the subject matter of those hearings where you were invited, if you know?

It's regarding the confidential funds.

Okay. Now, Mr. Antonio, what is your relation with Mr. Ernesto Nemenzo? or Tonio Jr., who is the President and a member of the Board of Directors of PNX-Yudena Insurance Brokers, Inc. Your Honor.

Attorney Christine?

Relevance, Your Honor. It is very much relevant, Your Honor, because this would prove that this witness and the respondent move in the same social circle. And this witness can practically become a social pariah if he speaks unfavorably. of the respondent.

Your Honor, short leash, counsel, go to your point. Objection is overruled.

So, Mr. Ortonio, just to repeat the question, what is your relation with Mr. Ernesto Nemenzo Ortonio, Jr., who is the President and a member of the Board of Directors of PNX Udena Insurance Brokers, Inc.? He

is my father.

At ano naman po ang relasyon ng PNX Udena Insurance Brokers? Corporation, sa Udena Management and Resources Corporation,

which forms part of the Udena Group founded and controlled by Mr. Dennis Avery. Your Honor, please.

Again,

relevance, Your Honor, to the confidential funds. And she's on shortage. Attorney May, is this

part of trying to qualify Mr. Ortonia as a hostile witness?

Yes, Your Honor. This will establish This witness has an adverse interest, Your Honor, in this case.

With your indulgence, as well as with the permission of counsels for the parties, I think it has been established that Mr. Ortonio serves at the pleasure of the Vice President, has been working for her for quite some time, and is serving up to now. Correct me if I'm wrong, Mr. Ortonio? That's correct, Your Honor. And that if the Vice President is impeached and therefore removed from office, Pati kayo matatanggal po diba dahil coterminous kayo?

That's correct, Your Honor.

And that as far as we know until today, you are still working with the Office of the Vice President and serving under that capacity, coterminous?

Yes, that's correct, Your Honor.

To abbreviate the proceedings, the Court declares Mr. Antonio as a hostile witness based on his adverse interests vis-a-vis the respondent and the prosecution. and that therefore, Counsel-Attorney May can ask leading questions but again, pursuant to the rules, may not ask misleading questions. You may proceed, ma'am, accordingly.

Thank you, Your Honor. Mr. Ortonio, I am showing you a video, a video footage of the hearing of the CGGPA on November 25, 2024. May I request Your Honor our assisting counsel who is stationed at the technical booth to play the said video footage.

Continuing authority has been granted to counsels. You may proceed accordingly, counsel.

Office

of the Vice President, Mr. Lemuel G. Ortoño, Assistant Secretary and Assistant Chief of Staff, Ms. Winnie G. Diego, Chief of Public Assistance. Thank you.

Mr. Ortoño. Ano ang relasyon mo sa Lemuel G. Ortoño na nabanggit sa video na aming pinakita?

That's me po, ma'am.

At ano naman, at tama ba, kinukumpirma mo ba na ang event na recorded sa video footage na yan ay ang hearing ng CGGPA noong November 25, 2024?

That's correct po.

At Mr. Ortonio, maaalala mo ba na sa hearing na yan, sinabi mo, and I quote, You provide overall supervision for the internal affairs of the Office of the Vice President.

That's correct po.

Pinapatutuhanan mo rin ba na kasama ng supervision na yan ang supervision sa Administrative and Financial Services Office at Strategy Management Office ng Office of the Vice President?

That's correct po.

Ngayon, Mr. Antonio, Tama bang sabihin ng Administrative and Financial Services Office, ito ang opisina sa Office of the Vice President na in charge sa pangkalahatang budget ng OVP.

That's correct, Pa.

Kasama dito ang budget preparation.

That's correct.

Budget disbursement, accounting, at liquidation.

That's correct.

And since you exercised supervision over this office, Sa pangkalahatan, tama bang sabihin, generally, walang pondo ng OVP ang hinihiling, nilalabas, ginagastos, o iniliquidate na wala sa inyong kaalaman at supervision? Tama ba?

Generally, Mr. Ortoche.

Generally, yes.

Ngayon, ang Strategy Management Office naman, eto ang tanggapan ng OVP na nangangasiwa sa strategic planning, management, monitoring, evaluation. Organizational Development at iba pang kaugnayan ng tungkuling pamamahala ng UVP. Tama ba?

That's correct.

So kasama dito ang pagbuo at pagsubaybay sa mga programa, proyekto at aktividad ng UVP. Tama ba?

That's correct.

So ngayon, dahil sa iyong pag-amin, tama rin bang sabihin na bawat programa ng UVP ay dumadaan sa SMO?

For all the activities. Yes.

At dahil kayo ang nagsusuperbisa sa SMO, kayo rin ang nagsusuperbisa sa mga programa, proyekto, at aktibidad nito. Tama ba?

General supervision po.

In short, or sa madaling salita, bawat programa ng OVP ay dumadaan sa inyong supervision ng dalawang beses. Una, kapag ito ay pinaplano ng SMO, at pangalawa, kapag binabayaran nito ng AFSO. Tama ba?

Yes po.

At tama rin bang sabihin na ang mga direktor ng dalawang opisinang ito ay naguulat din sa iyo? Tama ba?

That's correct po.

Also, tama rin bang sabihin na ang Vice President mismo ang nagtalaga sa inyo ng supervision over these two offices?

Yes, that's correct as part of the organizational structure. At

tama rin bang sabihin na kaugnay ng inyong supervision? Sa SMO at FSO, ang anumang direktibang natatanggap ninyo ay sa huli nagbumula sa Vice President.

That's correct. At

tama rin ba na sa pagganap ng inyong mga tungkulin, sa huli kayo ay nasasaklawan ng mga direksyon at instruksyon ng Vice President?

That's correct.

In short, the official acts that you perform in the discharge of those responsibilities are done pursuant to the authority vested in you by the Vice President.

That's correct.

Now, pumunta naman tayo ngayon, Mr. Antonio, sa sulat kung saan nagsimula ang lahat.

Okay.

So, Mr. Antonio, you assumed your position you mentioned earlier as Assistant Secretary and Assistant Chief of Staff noon lamang July 1, 2022. Tama ba?

That's

correct. So, that was mid-year?

Yes.

And? You will confirm na pag-assume mo ng inyong posisyon around that time, walang confidential fund ang office of the Vice President. Tama ba?

That's correct.

Which means na yung successor ni Vice President Sara Duterte na si Vice President Lenny G. Robredo, walang confidential funds. Your Honor, please.

Yes, Attorney General.

No basis, Your Honor, and conclusion of facts.

Kindly clarify,

Lenny Robredo, Your Honor, Lenny Robredo, she did not have confidential funds, Your

Honor.

Yes, counsel?

Incompetent. He's not a staff of Lenny Robredo.

If he

knows. If he knows. If you know, Mr. Antonio, you may answer. If you don't, you may answer so as well.

Based on the records that we have, there's no record of confidential funds.

Ito ang dahilan kung bakit humiling ng confidential funds ang OVP sa DBM. Tama ba? Noong 2022. Dahil wala kayong dinatnaan ng confidential funds. Nang pagupo mo, kasama ng pagupo ng Vice President Sara Duterte. Tama ba?

Yes, ma'am.

And this request for confidential funds,

ipinaabot ito sa DBM sa pamamagitan ng isang sulat. Tama ba?

Letter request. Yes,

letter request. Ngayon, I'm showing you Prosecutions Exhibit P-I-4-A dated August 22, 2022.

Ito ang nabanggit mong Letter Request for Confidential Funds in 2022. Tama ba, Mr. Antonio?

Yes, correct.

Sa huling pahina nitong sulat na ito, there appears a signature above the printed name, Sara Z. Duterte. You will confirm that this is the signature of the Vice President.

Yes, I can confirm that this is the signature of the Vice President.

And you're familiar with her signature, familiar ka sa signature niya, dahil Sa panunungkulan mo over almost two decades with her or under her, nakikita mo siyang kumirma ng mga dokumento at nakikita mo rin ang kanyang pirma sa iba't ibang dokumento. Tama ba?

Yes, that's correct.

And on the basis of this letter bearing her signature, tama bang sabihin ng desisyon na mag-request ng confidential funds? It was the decision of the Vice President. Tama ba?

Yes, that's correct.

And throughout these proceedings,

A certain name has been repeatedly mentioned, paulit-ulit na nabanggit, si Colonel La Chica. Kilala niyo siya, tama?

Yes, I know him. He's the

group

commander for BPSPG.

You mentioned group commander of the SPG, but you will confirm, Mr. Ortonio, kukumpirmahin niyo, na noong Augusto 22, 2022, hindi pa na itatalaga si Colonel La Chica bilang security officer ng OVP, tama ba?

Yes, that's correct. He started September.

Yes, in fact, he started only on September 1, 2022. Tama ba?

Yes, based on documents. Okay.

Let us now go to the September 16, 2022 letter.

Yan ang nagpapatunay, Mr. Antonio, na si Mr. Lachica or si Colonel Lachica ay noon lamang September 16 itinalaga. bilang commander ng VPSPG. Tama ba?

Yes, that's... Wait, I... Hindi masyado clear po.

Your Honor, may we request our assisting counsel in the tech booth to kindly enlarge...

Granted, so instructed...

...copies of the documents being flashed on the screen.

Sir, what's the question again, ma'am?

Itong, sa letter na ito, pinapatutuhanan ito... na si Col. Chica ay in-appoint lamang or itinalaga lamang bilang commander ng VPSPG noon lamang September 16, 2022. Tama ba?

Yes. For, ma'am, I think the memorandum is the designation of Col. Chica as security officer.

As

security officer based on the document. Yes.

Now, balik tayo dun sa letter dated August 22, 2022. Dito sa letter na to, you will confirm that the OVP requested four items. One, augmentation of financial assistance and subsidy. Two, augmentation of special duty allowance. Three, additional 192 coterminus and contractual positions. And four, confidential funds. Tama ba?

Correct for the four items. And

you will also confirm that at the time this document was sent to the DBM, Noong ihinihanda ang liham na ito at pinadala sa DBM, naiplano na ng OVP ang mga aktibitad nito para sa nalalabing bahagi ng 2022. Tama ba?

That's correct.

Sa

katunayan, para sa unang tatlong kahilingan, nakapagbigay na ang OVP ng basihan ng mga hiling na halaga. Nakalagay dito ang computation kung paano nakuha ang halagang hinihiling. Tama ba?

That's correct.

The first three requests, the augmentation of financial assistance and subsidy, augmentation of special duty allowance, and additional 192 coterminous and contractual positions.

And dahil rin na-plot out niya na yung mga activities, programs, and plans ng OVP ng time na yan, nakapaglakip na rin kayo ng supporting documents for the first three requests. Tama ba?

Yes, that's correct.

Pati yung projections. mga relevant projections for these three requests.

That's correct.

But, Mr. Ortonio, kinukumpirma mo rin na for the OVP's request for confidential funds, in this letter, walang computation na binigay. Tama ba?

Let's limit the answer to the letter. In that letter, no computation was provided. Tama ba?

That's correct. There

was also no projection provided in the same letter. Tama ba?

Yes, that's correct.

And

also, there was no physical and financial plan attached to the letter.

For this letter request, none.

In fact, there was no attachment supporting the OVP's request for confidential funds. Correct?

There were no attachments, ma'am.

Yes, there were no attachments in support of your request for confidential funds. Tama?

Mr. Ortonia, what's your response?

Yes, that's correct. No attachments.

And tama rin bang sabihin na ultimately ang nag-decide kung magkano ang hihilingin na confidential funds from the DBM ay si Vice President Sara Duterte. Tama ba?

Yes, the determination for the amount is

in the

discussion of the Vice President. Yes,

thank you.

Going back to the letter. Dahil wala kayong binigay na computation, projection, or supporting documents, ang tanging nilagay lamang ninyo sa request ay ang explanation kung bakit kayo humihingi ng request. Tama ba?

That's correct.

And the explanation and the justification that you gave was, and I quote, for and in consideration of the safe implementation of the various projects and activities under the Good Governance Program and the conduct of official engagements and functional representation in international and domestic events as instructed by the Vice President. End of quote. Tama ba?

Yes, as instructed by the Vice President.

As instructed by the President.

In

that same letter, you also stated, and I quote,

You committed to formulate programs, projects, and activities relevant to national security and peace and order and is devoted to implement said PPAs with proper security and safety protocols for the benefit of the institution through the OVP satellite offices, its partner stakeholders, and the general public.

That's correct.

So at this point, Mr. Antonio, tama ba? With

the permission of counsel, can you ask your guy in the tech booth to kindly, whenever you refer to a portion of the letter, to zoom it in so that it's readable on the part of the senator-judges because we really cannot read any part of it. Better. Thank you. You may proceed, counsel.

So tama ba, Mr. Antonio, nasabihin na nang pinadala ninyo ang sulat na ito Ang OVP, wala pang programs, projects, and activities na na-identify relevant to national security and peace and order. Tama ba? Dahil sabi dito sa letter, you just commit to formulate programs, projects, and activities relevant to national security and peace and order. So at that point, wala pa. Tama ba?

Based on the letter,

ma'am,

there is a commitment to submit the plans and programs.

No, Mr. Toño, walang sinasabi dito na you commit to submit plans and programs. Ang sinasabi dito, formulate programs, projects, and activities. Tama? Correct.

And this is despite the fact na kanina inamin mo na noong pinadala niyo yung letter na to, more or less, na-identify niyo na yung mga plans, projects, and activities of the OVP for the remainder of 2022. Tama ba? Yes.

Yes. For the plans and programs. Please just

answer

the question. Your Honor, please. The witness is answering the question. Counsel, let

the witness answer. He was in the process of answering it.

Let's see if it is responsive or not. It can be shaken up if it's not. Yes, Mr.

Antonio. Thank you, Your Honor. In the context of the plans and programs of the office, There has already been plans already at the beginning of the term of the Vice President in July of 2022. That's why we were able to implement already several programs and projects that we will be implementing for the rest of the year and for the rest of the term.

Just to clarify, With respect to those plans, programs, and activities relating to national security and peace and order, eto yung ipo-formulate niyo palang when you sent out this letter because that is what stated in the letter. Tama ba?

That's correct.

That's correct.

And you will also confirm na wala na ibang letter request for confidential funds in August 2022.

None.

And dahil wala pang plans, physical and financial plan nakalakip dun sa letter nyo ng August 22, 2022, sumulat sa OVP ang DBM requesting your office to submit This physical and financial plan in support of your request for confidential funds. Tama ba?

Yes, that's correct.

And the Vice President instructed you, inutusan ka or inatasan ka ng Vice President na sumagot sa letter na ito ng DBM dated September 15, 2022. I'm referring to Prosecutions Exhibit P-I-4-B.

Yes, we are in receipt of this communication.

At ikaw ang inatasan ng Vice President na sumagot sa letter na yan. Tama ba?

As part of my duties as the Assistant Chief of Staff, I regularly respond to communication addressed to the office.

But the Vice President knew very well that it was you who was responding to that letter of the DBM, correct?

Yes, because as part of my

duties.

And hindi niya naman... Ina-sign o inata sa iba. Nang nalaman niya na ikaw ang sasagot, inayaan ka niya at hindi niya sinabing iba na lang ang sumagot. Tama ba?

Ma'am, for regular communications within the office, it is the assistant chief of staff who signs the documents corresponding to other agencies. So it's already inherent to the function as the assistant chief of staff.

Yes, Mr. Antonio. But that is ultimately subject to the decision and discretion of the Vice President. Tama ba?

That's correct.

So, dahil yan ay subject sa discretion ng Vice President, anytime, the Vice President can revoke that authority. Tama ba?

Yes.

Now, following that instruction, you wrote a letter to DBM dated September 19, 2022. Tama ba? I'm referring to prosecution exhibit P-I-4-C.

While you're showing the witness, Attorney May, the August 22, 2022 letter, what's the exhibit marking of that document, if any?

For

the record.

P

-I-4-A. P

-I-4-A. Thank you.

Witness may answer pertaining to the September 19, 2022 letter, if you're aware of it.

Yes, I signed this transmittal letter to the DBM.

And in that letter, tinukoy ninyo ang Joint Circular 2015-01, tama ba?

Yes.

So you must be familiar with that Joint Circular, tama ba?

I'm familiar to a certain extent.

Atiyak binasa at naunawaan nyo rin ito, tama ba?

Yes.

Because, Mr. Antonio, you're an intelligent witness. You graduated with a bachelor's degree. In Arts at Datineo de Davao University, tama ba?

Communication Arts.

Communication Arts. You also have a Masters in Development program from the University of the Philippines.

Yes, Development Communication.

Development Communication. And another Masters of Arts in Psychology, is that

correct? From Southville International School and Colleges.

That's correct.

And a diploma course from Datineo de Manila Center for Organization, Research and Development.

That's correct.

In fact, You worked as a professor. Nagturo ka sa Ateneo de Davao University. Tama ba?

Yes, for one semester only.

Now, going back to the letter, in that same letter, ipinadala nyo sa DBM ang physical and financial plan. Tama ba?

Yes, that's correct.

And that was the first time. Yan yung unang pagkakataon na nag-submit kayo ng physical and financial plan sa DBM in support. of your request for confidential funds. Tama ba?

Yes, that's correct.

And

also, of course, bago niyo isinubmit ang kopya ng physical and financial plan na yan, I'm sure, tinignan at binasan niyo at inintindi niyo yung physical and financial plan. Tama ba?

Yes, I read the PFP.

Your Honor, we would like to confront a witness with a physical and financial plan dated, bearing the date September 16. 2022, which is Prosecutions Exhibit P-I-4-A,

Annex A.

So this is an attachment to Exhibit P-I-4-A as Annex A.

Okay, Mr. Antonio, dito sa box na may nakasulat, prepared by, may kasama ring petsa, September 16, 2022. Tama bang sabihin? na itong September 16, 2022, eto yung date kung kailan na-prepare itong physical and financial plan.

Based on the document, ma'am. Yes.

Ibig sabihin, noong nag-request kayo ng confidential fund in August 2022, wala pang na-prepare na physical and financial plan. Tama ba?

Yes.

And

this physical and financial plan was also approved only on September 16, 2022 as shown by the box bearing that date with the printed words approved by. Tama ba?

Yes, based on the document.

Based on

the document. At dyan sa box na may nakasulat na approved by, may pirma ulit. Above the printed name, Sara Duterte. Yan ay pirma ng Vice President. Siya mismo ang pumirman yan. Tama ba?

Yes, that's her signature, ma'am. At

dahil walang naka-countersign katabi ng kanyang signature, tama ba na yung dokumento niya yan went straight to her without yourself or anyone reviewing that for her? Tama ba?

I can just personally say, ma'am, that the document, ma'am,

did not pass through my office.

Before

you

continue, counsel,

The court noticed that the signature of the Vice President in this document appears to be different from the signature in the August 22 document. So the Vice President has at least two signatures so far. Can you confirm that both

are signatures? Yes, I can confirm, Sir, Your Honor, that both are the signatures of the Vice President. You can

confirm likewise that they appear to be different, though? Yes, that's correct, Your Honor. Thank you. Your Witness Council?

So you confirm, Mr. Antonio, that this physical and financial plan was approved matapos ang 25 days from your request of confidential funds to the DBM. Tama ba?

Sorry, can you repeat again the question, ma'am?

The physical and financial plan that was prepared 20 days after you requested confidential funds from the DBM.

I believe, ma'am, parang less than 20 days, ma'am,

because the request was in August 20. 22.

Yes,

that's correct. And

dahil nabanggit mo yung... Now,

the physical and financial plan indicated the supposed PPAs for which the confidential fund was allotted. Tama ba?

Yes, that's correct. Based on the document. At

ang nakasaad dito ay good governance program. Tama ba?

Yes,

that's correct. There was

no itemization of the programs and activities that will be funded by the requested confidential funds. Tama ba?

Yes, ma'am. Based on the document presented.

And we will confirm that this good governance program, it's not just one particular program of the OVP. Tama ba?

Yes.

It is

in fact, kukumpirmahin nyo na itong good governance program, ito ay umbrella program. or umbrella brand ng flagship activities ng OVP. Tama ba?

Yes, that's correct.

So under that good governance program, merong mga particular na plans, programs, and activities. Tama ba? Yes. Kasama dito, yung medical assistance, burial assistance, libreng sakay, mga satellite offices. Tama ba?

Yes, that's correct. So

balit, wala nito mga particular na activities na ito na isina-add sa physical and financial plan na inyong sinabit. Tama ba?

Yes, based on the submitted PFP.

You will also confirm na itong flagship program na good governance program, ito ay pinupondohanan ng regular budget ng OVP sa ilalim ng General Appropriations Act. Tama ba?

Yes.

Sa katunayan, sa 2022 ga-a, may line item na 621.6 million na mismong para sa good governance, engagement, and social service projects. Tama ba?

Again, hindi ko lang po makita yung...

May we kindly request the tech booth to enlarge the image being flashed on the screen.

Yes, correct. 621 million.

Kanina, binasa ninyo na sa liham ng August 22,

yung

additional items na ito. Tama ba?

Natira na lamang yung good governance program.

Based on the document, ma'am, that was submitted.

At

ang dahilan nito, you will confirm na itong dalawang programs nito, hindi ito allowed under the joint circular that you cited in your September 19, 2022 letter. Tama ba?

As to the specifics for these two items, ma'am, I cannot answer.

Okay. Thank you. Naupunta naman tayo sa 2023 Physical and Financial Plan.

You will confirm na bilang Assistant Secretary at Assistant Chief of Staff ng OVP, familiar din kayo dito sa 2023 Physical and Financial Plan.

I was able to see it, ma'am.

Yes. In fact, isa sa mga signatories dito sa Physical and Financial Plan na ito ay si Ms. Rosaline Sanchez. Tama ba?

Again, may we request the tech booth to enlarge the document being flashed on the screen.

Yes, ma'am. Correct.

At itong si Ms. Rosaline Sanchez, siya naman ang director ng AFSO.

Yes.

Nasabi mo, nagre-report din sa'yo. Tama ba?

Going

back to that physical and financial plan, you will confirm that the expected outcome, physical targets, budget for the fourth quarters of 2023, na sinulat dito are just verbatim reproductions of the expected outcome physical targets and budget in the 2022 physical and financial plans. In short, yung expected outcome physical targets at budget para sa apat na quarter na nakasaad dito sa 2023 physical and financial plan, salita for salitang kinopia. ang expected outcome, physical targets, at budget sa 2022 physical and financial plans. Tama ba?

Based

on the document, ma'am, it

has the same activities

and projects.

Dito sa 2023, physical and financial plan ang nakasaad na PPA ay socio-economic program and delivery. Tama ba?

Yes, that's

correct. But we

will also confirm that like the good governance program, yung socio-economic program delivery,

Hindi rin ito isang particular na programa. This is just an umbrella brand for the flagship programs of the OVP for 2023. Tama ba?

Yes, that's correct. Sa

ilalim niyan, merong mga particular din na programa, individual and particular projects. Tama ba?

Yes, that's correct.

Ngunit wala kahit anuman dito sa mga particular programs na ito ang isinaad niyo. o nilagay niyo sa physical and financial plan of 2023. Tama ba?

Based on the documents that's presented.

At

tulad ng 2022 physical and financial plan, etong 2023 physical and financial plan ay personal ding inaprubahan ng Vice President. Tama ba?

Yes, it has the signature of the Vice President. And

again, dahil walang counter-signature, Sa katabi ng kanyang pangalan, tama rin bang sabihin na hindi rin ito dumaan sa inyong opisina?

No, it did not pass through my office.

But generally, Mr. Antonio, dahil kayo nga yung nangangasiwa or nag-exercise ng general supervision over the SMO as well as the AFSO, generally, walang documents ng OVP na hindi dumadaan sa office ninyo. Tama ba?

Generally po, ma'am.

Yes.

Okay, now, pumunta na tayo sa disbursement vouchers. Okay,

Mr. Antonio, dahil ikaw ay naging kawani ng gobyerno for almost two decades, you would know na walang pondo ng publiko or pera ng bayan ang maaaring bayaran maliban kung supportado ng disbursement voucher, tama ba?

Yes, that's correct.

Ang voucher, in short, ang voucher ang unang pinoproseso bago maaaring gumuhit ng anumang cheque involving public funds. Tama ba?

That's correct.

Now, Mr. Antonio, I am showing you four disbursement vouchers which are a prosecution's exhibit P-I-10-A, P-I-10-B, P-I-10-C, P-I-10-D. You are familiar with these disbursement vouchers, correct?

Familiar ka sa mga disbursement vouchers na ito?

Yes, I am.

In fact,

nakapirma ka sa disbursement, sa lahat ng disbursement vouchers na iyan, tama ba?

Yes, based on the authorization of our office order.

At ang inyong

pangalan ay nakapatong at nakalimbag sa salitang agency, sorry, agency head or authorized representative, tama ba? Ang agency head ng tinutukoy dito ay walang iba kundi si Vice President Duterte. Tama ba?

Yes, that's correct.

Ang ibig sabihin nito, lumalagda ka sa visa ng otoridad or on the strength of the authority that you were given by the Vice President. Tama ba?

Yes, based on an office order.

Yes.

At

ultimately, ang otoridad na yan na lumagda bilang kanyang kinatawan or authorized representative. ay nagmula mismo sa vice-presidente. Tama ba?

Yes.

Ngayon, ang inyong lagda ay nasa loob ng kahong Approved for Payment.

You

will confirm ang ibig sabihin nito ng paglagda ninyo or sa paglagda ninyo, inaprubahan ninyo ang pagbayad or pag-withdraw ng confidential funds para sa 2022 at 2023. Tama ba?

Yes, that's correct.

At dahil lumagda kayo bilang authorized representative, ng Vice President, ang pag-aproba mong iyon ay ibinigay din sa visa ng otoridad ng Vice President. Tama ba?

Yes, based po sa isang office order.

So, in short, it is as if it was the Vice President herself who was giving that approval to release those funds referred to in those disbursement vouchers. Tama ba?

As authorized po.

As authorized, yes.

So, in short, Vice President nga. In short, Vice President approved the release of those, effectively, the Vice President approved the release of the funds referred to in those disbursement vouchers. Tama ba? Your Honor, please ask and answer the question. The reason I have to make a follow-up question is that the answer of this witness was not responsive. I was asking whether it meant effectively that the Vice President herself approve the release of the funds referred to in that disbursement voucher. But the answer of the respondent was that it was authorized by her. So I want a categorical statement, Your Honor, from this witness.

I'll allow it. In the meantime, counsel, witness may answer? Yes po,

as

authorized po. Yes.

Kung

gayon, or in other words, kung wala ang pag-aproba ng Vice President sa mga disbursement vouchers na to, Wala rin confidential funds sanang mailalabas. Tama ba?

Sorry, again, can

you repeat

the question po?

Kung walang approval ng Vice President sa mga disbursement vouchers na to, wala rin confidential funds na mailalabas dahil ang funds or ang pondong pinapatukoyan dito ay ang confidential funds for 2022 and 2023. Tama ba?

If there is no approval po, there is no release

of funds.

Okay,

thank you.

With the indulgence of counsel, Mr. Ortonio, Yung approved for payment ng binirmahan niyo is in item or letter D. Yes. Do you have the document in front of you? Yes, sir. Yung letter A, certified, expense, cash, advance, necessary, lawful, and incurred under my direct supervision is signed by the Vice President. Yes, that's correct, Your Honor. What does that mean? It means that it is being...

Anong ibig sabihin ng pag-pirma ng Vice President dyan sa box na yan?

The Vice President certifies that the funds is made under her supervision.

And hindi ka pipirma, ano ba ito? Sequence ba ito? A, B, C, D? Pag walang pirma si A, walang pirma si B, hindi mo napipirma si C, hindi ka pipirma?

Yes, that's correct. So kayo yung huling-huling

pumirma?

Yes, that's correct. Sa dokumentong ito ng disbursement voucher? Yes, Your Honor.

Proceed, Counsel.

Okay, let us now go to the four checks.

Ang bawat isa sa apat na disbursement vouchers na iyong inaprubahan, which you identified earlier, ito ay nagresulta sa pagbuhit ng katumbas na cheque ng land bank. Tama ba? It resulted in the drawing of four land bank checks corresponding to the funds referred to in the disbursement vouchers. Tama ba?

Yes, that's correct.

I am showing you the four checks, which are Prosecutions Exhibit P-28-A, P-I-28-B, P-I-28-C, P-I-28-D.

You

are familiar with these checks. Tama ba?

Yes, ma'am. I'm familiar with the checks being presented.

In

fact, yung pirma mo, makikita dyan sa mga cheque niya. Ikaw ay pumirma sa apat na cheque. Tama ba?

Yes, as part of my duties as the Assistant Chief of Staff.

In fact, merong office order na nagtatalaga sa iyo bilang signatory para sa mga cheque na may halagang more than 1 million pesos. Tama ba?

Yes, that's correct. At

ang order na iyon ay nanggaling din kay Vice President Sara Duterte. Tama ba?

Yes, the office order was signed by the Vice President.

Signed by her and thus approved by her. Tama ba?

Yes.

Ngayon, you

will confirm na kasama ka sa pag-encash ng mga checking ito. Tama ba?

Yes, I can confirm. In

fact, ikaw lang ang kasama ni Ms. Gina Acosta ng i-encash mismo ito sa Land Bank Shaw Boulevard Branch. Tama ba?

Yes, when she requested me to accompany her.

So, you must be familiar with the Land Bank Shaw Boulevard Branch.

Yes.

At ito, Land Bank, Shaw Boulevard Branch ay matatagpuan sa Beacon Plaza, Shaw Boulevard,

Canton ng ID.

Or

the encashment itself?

I would assume, ma'am, na Ms. Gina has informed the Vice President yung pag-encash niya. But as to if I'm accompanying her, I'm not sure, ma'am.

Okay. But the withdrawal and the encashment was... within the knowledge of the Vice President. Because in fact, as I answered, Your Honor. This is a different question now, Your Honor. Finish

your question, counsel.

In fact, Mr. Ortoño, you will confirm that lahat ng nangyayari atungkol sa confidential funds, nire-report ito sa Vice Presidente. Tama ba?

Vague, Your Honor.

Kindly reform and be more specific, counsel. Are you just asking about the fact that Mr. Ortonio accompanied Gina on all four occasions? Kung alam ng VP?

No, Your Honor. I'm referring to all matters pertaining to the confidential funds. These are reported to the Vice President and reported to and or instructed by the Vice President.

Then that would be vague, counsel. Kindly be more specific. Kasi dininayan niya na kanina.

He

said he doesn't know if the Vice President knew. that he would accompany Gina. Kindly be more specific. You can ask the witness. He's intelligent enough. Ask him specific questions, counsel.

I will park that for now, Your Honor. I will... You can move on then. Okay. Now let's go to the audit observation memoranda, Mr. Ortoño. You will confirm that you are familiar with this audit observation memoranda. I'm referring to Prosecutions Exhibit P-I-12-B P-I P-I-12-E P-I-12-E P

-I-12-I

For

the record, witness was confronted with the three documents.

Mr. Ortoño, you are familiar with this audit observation memoranda dahil ikaw ay binigyan ng kopya ng mga ito. Correct?

Yes, that's correct. I received

it on

behalf of the Vice President.

You've received it on behalf of the Vice President. In fact, lumagda ka dyan bilang patunay ng iyong pagtanggap sa mga audit observation memoranda na iyong tinitingnan ngayon. Tama ba? Yes,

that's correct.

At kayo rin ang inatasang sumagot ng audit observation memoranda na yan ng vice-presidente. Tama ba?

Yes, I was given instructions to prepare the draft for the reply.

Okay, given instructions by the vice-president or so. Tama ba?

Yes.

And is it also correct to say na bago kayo tumugon sa mga audit observation memoranda na yan, Sinuri at binag-aralan din ninyo ang mga liquidation report nakalakip dito.

I consulted with the special dispersing officer and the security officer on the information that will be included in the reply.

So you also studied, you also checked, reviewed those liquidation reports that were attached to the, that were referred to in the audit observation memoranda. Tama ba?

Ma'am, I was only, I only got I only consulted the special disbursing officer and the security officer on the information that will be included in the reply.

So you are saying, hindi mo nakita ang liquidation report? Umasa ka lamang sa kung anong ni-report sa inyo ng special disbursing officer at ng security officer?

Yes, I got the information from them, ma'am.

Okay.

How about the certification and... Accomplishment Reports. Of course, you saw these documents because in fact, you would be referring later to these documents in your reply to the Audit Observation Memoranda. Tama ba?

I was able to see the reports, ma'am, but I did not anymore go into details, ma'am. And then, that was made as an attachment to the replies. Okay.

Just a clarification, yung sa liquidation report, you also saw those liquidation reports. Tama ba?

At that time, ma'am, I was able to see the liquidation reports.

Since you saw those liquidation reports, you

would also, you must have also seen that in those liquidation reports, personal din na nilagdaan ng vice-presidente. Ang mga liquidation reports na yun. Tama ba?

Your Honor, the question is vague. Counsel should refer to the particular report, Your Honor.

Kindly show the document, the liquidation reports you are referring to, counsel, so that the witness may be able to look at it.

Your Honor, I am referring to... The

four liquidation reports, I presume?

Yes, Your Honor.

I am referring to Prosecutions Exhibits P-I-9-A to P-I-9-D.

At

that time, ma'am, I was able to... Just see it, ma'am, physically, but I was not able to review it, ma'am. Okay,

but you will confirm that those liquidation reports all were signed by the Vice President, correct?

Yes, based on the document, ma'am. It has the signature of the Vice President.

Let's go to the certifications attached to the liquidation reports, which are Prosecutions Exhibit P-I-6-A. to P-I-6-D again.

Can

you please kindly refer to the certification? In

the meantime, Your Honor, I will just go to the, park that question for now and go to the next question. So, let's go to the accomplishment reports, Mr. Ortonio. Since you mentioned, you also see these documents, you will also confirm na itong mga accomplishment reports na ito, lahat inaprubahan din ng vice-presidente. I'm referring to exhibits P-I-7-A-1 to P-I-7-D.

Kindly show the witness counsel. Assisting counsel may approach. I

was able to see, ma'am, but I did not scrutinize anymore.

Did not scrutinize. But you will confirm that the signature of the Vice President appear in those documents since earlier you admitted na familiar ka sa signature ng Vice President.

Yes.

Kanina nabanggit mo, if you can just backtrack a bit, kanina nabanggit mo na nakipag-coordinate ka sa security officer at sa special disbursing officer.

Yes.

Tama rin ba nasabihin na nag-coordinate ka with them upon the instructions of the Vice President. Tama ba?

Yes. There was an instruction to coordinate so that we can properly reply to the AOM.

Okay.

Let us go back to Liquidation Report No. 2022-12-152, which is Prosecutions Exhibit P-I-9-A.

And

you will confirm that based on this document,

Ang buong 125 million na confidential funds ay lubusang naubos pagsapit ng December 31, 2022. Tama ba?

Yes, based on the document, based on the liquidation report.

And since in-encash niyo ang mga cheque pertaining to this fund, confidential fund, noon lamang December 20, 2022, Tama bang sabihin na yung pondo ay na-disburse sa loob lamang ng 11 days? Tama ba?

Based on

this document.

If you base it here, ma

'am, that's December

21 to 31.

So, a good ten days.

Your Honor, please.

The

document

speaks for itself. Your Honor, I believe counsel is referring to the original documents rule. Unfortunately for her, Your Honor, that's an improper invocation of the original documents rule. The original documents rule does not bar questions relating to the document. What it simply prohibits is the substitution of the testimony of the witness for the document without producing the original of said document. Your Honor, the original of this document was presented to this honorable court as early as the pre-trial conference of this case, Your Honor.

We will allow it subject to the parameters that they cannot change what's contained in the document, but he may be questioned with respect to his understanding and appreciation of the document. Yes,

attorney? Your Honor,

quick reply. Because the witness was asked to interpret the document, Your Honor. and the contents of the document. I wasn't asking,

Your Honor. It's by simple arithmetic, Your Honor. She was referring to the contents. With all due respect, Your Honor, if I can just make a brief reply to the manifestation, Your Honor. Yes, counsel,

briefly.

Yes, I wasn't asking, Your Honor, this witness to interpret the document. By simple arithmetic, Your Honor, this witness can easily come up with a number of days within which, and just by looking at the document, this witness can easily come up and

Say the number of days within which the 125 million was spent and disbursed, Your Honor.

As long as the document is not going to be changed, I will allow it. Witness, if you know, if you know, again, you are well-educated to be able to answer the simple question. If you know...

Again, Mr. Ortonio, you will confirm that the funds referred to... in that liquidation document was fully disbursed within a good 10 days because you said the disbursement covers the period December 21 to December 31, 2022. Tama ba?

Based on computation, ma'am, it's actually 11

days. Based

on the computation and based on the document, ma'am,

it will reflect 11 days.

Ito ay sa kabila ng Fact na sa ilalim ng PFP ang pondo ay para sa buong ikaapat na quarter ng 2022. Tama ba?

It's for the fourth quarter of

2022.

And

that fourth quarter of 2022 means the period October, November, December of 2022. Tama ba?

For fourth quarter, ma'am, that covers for October, November, and December.

October, November, and December 2022. Yes.

Yes.

So, it means, dahil it covers that period, October, November, December 2022, yung pondo ay sprinted out supposedly para sa activities na itinala noong October, November, and December 2022. Tama ba? Your Honor,

please.

Counsel?

That is an assumption, Your Honor. That's a conclusion of fact. The witness did not testify that it should be spread throughout the... the quarter, Your Honor, and speculative also.

May I just, Your Honor, make a counter-manifestation and a reply to the comment? Yes,

counsel. What's your reply?

I'm not assuming anything, Your Honor. Precisely, I am asking this witness to confirm. There's no assumption in that, Your Honor.

I'm counseled, but it has no basis. I'm counseled for responder. It's correct. The witness did not say. Neither was it contained in any letter of the office of the Vice President that it is for the entire quarter.

Reform counsel, you can get to what you want still. With

all due respect, Your Honor, this witness has just admitted earlier that the funds was for the fourth quarter of 2022. He

even mentioned that it is for the period of October.

November and December 2022.

Your Honor, I believe the court has already ruled on the matter, Your Honor.

Kindly reform, counsel. You can get to what you want just as easily, counsel.

Earlier, Mr. Ortonio, you mentioned na yung programs na nakalagay both in the 2022 and 2023 physical and financial plans which are the good governance programs and the socio-economic programs, these are just umbrella programs. At sa ilalim nito, merong mga individual plans, programs, and activities ang OVP. Tama ba? Yes. And these plans, programs, and activities are spread out through the year. Tama ba? If

you base it on the PFP, there is

an allocation. Sorry, I'm not referring to the PFP. Just generally, itong socio-economic programs, program delivery and good governance program. Ito ay naka-spread out through the entire year? Yes, for

implementation

throughout the

year.

Okay, so merong programa na naka-schedule for October, meron din for November, meron din for December. Tama ba? Yes,

there are schedules for the rollout of the activities. Okay,

tama. At dahil yung PFP or physical financial plans, ang sinasabi lamang ay social economic development program at good governance program. Effectively, ang ibig sabihin nito, yung pondong nakatalaga doon sa relevant quarter na yon ay nakatalaga para sa relevant programs, plans, and activities for each quarter. Your Honor,

please. Can the counsel show what particular PFP she's referring to, Your Honor? Your Honor, may we request

our assisting counsel to furnish

witness

with both PFPs, Your Honor, for the 2022 and 2023 PFP. So

just for clarity, let's just go to the PFP for 2022.

May

nakalagay dyan sa PAPs. Good governance program. Tama ba?

Yes, that's correct.

Ang sinasabi mo kanina, yung good governance program na yan, hindi yan isang particular na programa lamang. Merong mga flagship programs under that good governance program. Tama ba?

Yes, that's correct.

And for every month, for the remaining quarter of 2022, meaning October, November, and December, meron dyang mga nakatalang activities. plans and programs falling under the good governance programs. Tama ba?

Yes, under the good governance programs.

Yes, under the good governance programs. At nakalagay din dyan na yung halagang 125 million ay para sa quarter 4 of 2022, meaning that is the period October, November, and December 2022. Tama ba?

For the subject na confidential funds.

Yes, for the confidential funds. Yes. Tama rin bang sabihin na for, well, presumably, yung October, November, and December, merong mga activities for which the confidential funds would answer to?

Or would

answer for? Tama ba? Your

Honor, please.

Attorney Christine?

Your Honor, she's asking for an opinion. We note that the witness is not even the one who prepared this PFP, Your Honor. and counsel also stated, presumably, Your Honor. So that's asking for an opinion. With

the

indulgence of counsels, so that we can get somewhere before we break for lunch, Mr. Ortoño, yung PAP po ninyo at yung request nyo sa confidential funds sa huling quarter ng 2022, ang plano nyo sana para sa buong quarter, buong huling quarter ng 2022?

Your Honor, if you will base, number one po, because I'm not, I did not participate in the preparation of the PFP. So, in terms of the details of the implementation for the confidential funds, I may not be able to properly...

Hindi po po natin pinag-uusapan ng implementation. Pinag-uusapan po natin. Nung nag-submit kayo ng plano para mangingin ang confidential fund, at ikaw yung pumirman nun, para sa last quarter. Kaya lang, as we all know, late na na-release yung pera, hindi ba?

Yes. Based on the PFP, Your Honor, it's... As indicated here, it's for October to December.

Yes, para sa last quarter nga ng 2022. Kailan na-release yung pera? Kailan mo binitraw? December 21?

The SARO was released December 30 and then the withdrawal was made December 20. December 20. Tapos in-implement niyo hanggang December 31. Based on the documents, Your Honor, the activities were implemented until December 21. 31. 31, sorry. Until

December 31. Now, I'll go a step further, counsel. Ba't ba kailangan madaliin yan? Hindi ba ang budget good for two years? As you very well know, given your position in the office of the Vice President, the budget, the GAA, is good for two years anyway. So why was there a need to implement it within the year?

Because, Your Honor, the request was made for the specific year, which is 2022.

at dahil nga yung plano nyo is for the last quarter of 2022. Yes, Your Honor. Your Witness Council.

Just follow through, Your Honor, to the question made by the presiding officer. So just to clarify, dahil nakasaan dyan na yung confidential fund Confidential funds of 125 million for 2022 is for the last quarter, meaning for October, November, and December. Nakalaan yan para sa activities under the good governance programs ng OVP for October, November, and December. Tama ba?

Yes, based on that.

Based on the document.

Okay. At bilang

supervising authority over the financial services ng OVP, alam din ninyo

Yes. That's

correct.

Kung hindi na-report o nag-asos yung 125 million pagsapit ng December 31, 2022, bahagi o buo nito ay babalik sana sa Treasury. Tama ba?

Yes. Yes.

Hearing sa CGGPA noong November 25,

2024, inamin mo na ikaw ay pinagkakatiwalaan ng Vice Presidente. sa mga sensitive and confidential information. Tama ba? Naalala mo?

I cannot specifically remember if I said those words po in verbatim.

Okay. We are furnishing you a copy of the transcript of stenographic notes of the CGGPA hearing dated November 25, 2024, specifically page 208, which

is also flashed on the screen. Sinabi mo, and I quote, sa mga sensitibong bagay, end of quote.

What's your question, counsel?

Do you confirm that, Mr. Ortoño?

I think the context for this, ma'am, is because the previous question

was... Excuse me, Mr. Ortoño, I need to cut you because... That's

why

I was asking, what was your question?

Because I also did not get the question. Kindly repeat your question,

counsel. I was asking the witness whether or not He admitted during that hearing that the Vice President would entrust to him or would share with him mga sensitibong bagay.

Yes, ma'am, but that is in the context of the previous question that my position is of trust and confidence. Yes,

correct.

Although I said po na on sensitive matters, Of course, it is never absolute that all sensitive matters can be disclosed.

Okay, we understand that, Mr. Ortoño. Okay, noong December, between December 20 and December 31, meron ba kayong narinig na threat of cataclysmic proportion? Ibig sabihin, meron ba kayong narinig na banta na masyadong mapaminsala na kailangan supoin sa loob lamang ng 11 days? Noong December 20? to December 31, 2022.

Your Honor, please. Counsel? Question is vague, Your Honor, and no basis also. How

can that be vague, Your

Honor? I presume it's threat against the Vice President. May alam po ba kayo na anong salita ulit yung ginamit mga attorney? May mapaminsala?

Threat of cataclysmic proportion or banta na masyadong mapaminsala.

Bantang mapaminsala. Kakaibang banta. laban kay sa ikalawang Pangulo noong mga panahon yon na malapit sa petsang December 21 to 31.

If

you know, if you know of any.

Your Honor, I personally don't know of any information.

By the way, just again to backtrack a bit, Mr. Ortoño, when you requested confidential funds in 2022, Kung alam ninyo, yung OVP po ba meron ng mga natukoy na banta laban sa Vice President noong panahong iyon?

Ma'am, I cannot personally answer. Maybe that's a question that can be answered by the security group.

But as far as you're concerned, are you aware of any identified threats? against the vice president or the office during that time?

If he knows, counsel, attorney Christine, if he knows, if he does not, you may answer accordingly. I personally do not know of any.

And before you requested confidential funds from the DBM, would you know if the office of the vice president coordinated with any law enforcement agency for possible threats against the vice president or the office? Would you know?

In relation to possible threats to the Vice President, I would not have any information.

I would

not have any information.

Ibig sabihin mo ba, itong mga threats na to, hindi to kasama sa mga sinu-supervise mo na internal affairs or mga programa ng internal affairs ng Office of the Vice President. Dahil sinabi mo, ikaw nagsusupervise ng dalawang opisina, who in turn, or that in turn, oversees or monitors matters

relating to the OVP. Your Honor, please.

Attorney Christine?

Ask and answer, then complex, Your Honor, and also argumentative.

It's a

bit compound, counsel. Reform a bit, counsel. The question is, long as well, the witness might not be able to respond adequately. Break it up a bit, counsel.

So, Mr. Ortoño, you mentioned earlier that you are not aware of any coordination efforts with law enforcement agency at that time that you requested funds from the DBM. Tama ba?

Yes, ma'am. Your

Honor, please.

The question is misleading.

The witness said no information as to the supposed threats against the Vice President.

Witnesses already answered, counsel.

Proceed, Attorney May.

Okay. Thank you, Your Honor. So nasabi mo wala kang alam ng coordination efforts. Ang sinasabi mo pa, Itong mga coordination efforts na ito, hindi ito sakop ng overseeing and supervising functions mo as Assistant Secretary and Assistant Chief of Staff of the OVP.

In relation to security matters, ma'am, no, that is not part of my duties as the Assistant Chief of Staff.

Okay, thank you. Now, pumunta na tayo sa accomplishment reports na sinabi mo kanina ay nakita mo in connection with your Preparation of the response as to the audit observation memorandum. Tama ba?

Yes. You

mentioned that.

I am referring to prosecutions

exhibits P-I-7-A-1 to P-I-7-D.

These are the accomplishment reports that you admitted seeing.

Yes, I was able to see them.

Let's first go to the first three accomplishment reports.

which are P-I-7-A-1 to P-I-7-C. You

confirm that? Do you see that before you?

Yes.

Okay. Itong tatlong reports na ito, ang bawat report ay naglilista ng pare-parehong anim na kategorya sa pare-parehong pagkakasunod-sunod. Tama ba?

Yes.

We

have purchase of information, payment of reward, rental and maintenance of safe houses, purchase of supplies, medical and food aid, and incentives or traveling. Tama ba? That order? Yes. All three accomplishment reports?

Yes.

Sa bawat quarter, ang mga halagang iyon ay exact nung nagkakabuo ng 125 million. Tama ba?

Based on the document presented, yes.

And you will also confirm na sa bawat isa sa mga quarter na iyon, Walang halagang naisa uli. Tama ba?

Based on the liquidation report, ma'am.

Yes.

Now,

sa 2022 report, ang safe house rental and maintenance, ang halaga ay 16 million pesos. Tama ba?

Yes, based on the report.

Ganon din sa first quarter ng 2023. 16 million din ang halaga ng house. rental and maintenance, safe house rental and maintenance. Tama ba?

Yes, based on the document, ma'am.

Ganun din sa second quarter ng 2023. 16 million para sa safe house rental and maintenance. Exactong 16 million.

Yes, ma'am.

And you will also confirm, as you've already confirmed earlier, na ang 2022 report, ang saklaw na period nito ay 11 days. Tama ba?

from December 21 to 31.

Samantalang ang sakop naman na period ng first quarter ng February 6, ng first quarter report ay February 6 to March 29, 2023. So that's 52 days. Tama ba?

Based on the document, ma'am.

And the second quarter naman, ang saklaw na period nito ay April 25 to June 30 or 67 days. Tama ba?

Yes, based on the document.

Gayunpaman, magkakapareho ang halaga ng safe house rental at maintenance sa tatlong reports na iyon. Tama ba? Yes,

based on the report.

So in short, 16 million pesos para sa safe house para sa labing isang araw, para sa 52

days, at para sa 67 days. Pare-parehong 16 million ang halaga.

Based on the document, ma'am. Yes.

The same is true, Mr. Ortoño, for incentives and traveling. Yung line item na yan na makikita sa accomplishment report. Tama ba?

It's the same 10 million pesos for all those three quarters.

Yes, based on the document.

And you will also confirm that based on those documents, for the 2022 report, it covers or it claimed to have covered 132 areas in 11 days. Tama ba?

Sorry again, ma'am, for 20...

2022, the first report. Yes, ma'am. It's 132 areas for 11 days. So first quarter naman of 2023, it claims 127 areas in 52 days.

Yes, based on the report, ma'am. And

for the second quarter, it's 111 areas in 67 days. Tama ba?

Yes, based on the report.

Based on the report. And for the third quarter, it's