August 26, 2026

Presiding Officer Sen. Francis "Chiz" G. Escudero directed senator-judges to observe impartiality and decorum, said their examination of evidence should occur under oath and on the record, and identified Senate ethics procedures as the institutional route for alleged senator-judge violations.

After defense counsel Sheila C. Sison asked that the coming Rule 18 ruling also address a post-interview repetition of the word ‘scam,’ prosecutor Atty. Amando Virgil D. Ligutan said his Facebook post—‘Misleading questions are not allowed, even on cross-examination’—was a general teaching point, not a comment on the case’s merits. The Chair noted that the transcript could not capture overlapping voices and that the disputed exchange may have concerned leading rather than misleading questions; it said it would verify the video, reminded Ligutan that counsel’s CPRA duties remain, and then issued the broader ruling. The Chair said the immediate August 12 counsel dispute, prior advice that the panels designate spokespersons, and independent findings of seeming Rule 18 violations made prospective, stricter enforcement necessary.

The Chair ruled that the Rules of Court permit leading questions on cross-examination and said the same treatment would apply to both sides when appropriate.

The court granted a supplemental subpoena for specified records from banks and financial institutions concerning the respondent, her spouse, Atty. Manases Carpio, and listed entities in which the spouses hold an interest. The order is limited to peso-denominated accounts and required production before the Clerk of Court by September 2.

Lemuel G. Ortoño, Assistant Secretary and Assistant Chief of Staff of the Office of the Vice President, testified that the 2023 confidential funds were not used for the socio-economic program itself but for the safe implementation of OVP programs. He said the 2023 program title was changed from Good Governance to Socio-Economic Program Delivery to cover the office's projects.

Ortoño said the motion for reconsideration remained pending and the COA matter was not yet final. He said he drafted the OVP audit response after coordinating with OVP officials and receiving their replies.

Sison asked the Chair to include in its coming ruling a public interview that repeated the prior discussion of the word ‘scam.’ Ligutan then said his August 12 Facebook post—stating that misleading questions are not allowed even on cross-examination—was a general teaching point rather than a comment on the merits. The Chair said overlapping voices meant the transcript could not settle whether the courtroom dispute concerned leading or misleading questions, then issued the Rule 18 ruling.

The court then allowed defense counsel to use leading questions on cross-examination of Ortoño and heard the cross-examination, prosecution response, and senator-judge questions.

Before adjournment, the court set witness arrangements for September 1 and 2, granted an additional-exhibit marking conference, granted a supplemental bank-record subpoena, and addressed prospective implementation of the Rule 18 ruling.

The prosecution asked the court to direct defense counsel to use non-leading questions because Ortoño had been declared hostile and his interests were aligned with the respondent. The Chair ruled that leading questions are permitted on cross-examination.

The prosecution asked the court to issue subpoenas for Colonel Boransing and Colonel Panopio for September 1 and, if needed, for Atty. Michael Wesley Poa and Philippine Statistics Authority official Marisa B. Grande for September 2; it withdrew Major General Bahao as a proposed witness.

Ligutan said his Facebook post stating that misleading questions are not allowed even on cross-examination was meant as a general teaching point, not a discussion of the merits, evidence, or arguments of either side.

Sison asked that the Chair’s coming ruling address a public interview that repeated the prior discussion of the word ‘scam,’ saying the point should be included for guidance.

During cross-examination, defense counsel Kristine R. Ferrer elicited Ortoño's testimony that confidential funds were not used for the OVP's regular socio-economic programs themselves but for their safe implementation.

Sison reserved the respondent's right to comment and make appropriate objections to the bank-record subpoena at the proper time; the Chair said the defense could also seek further remedies outside the court.

Sen. Camille Villar asked Ortoño about how he prepared the OVP's responses to audit observations; Ortoño said he informed the chief of staff and Vice President, coordinated with the special disbursing and security officers, drafted the response from their replies, and submitted it for final approval.

Sen. Panfilo "Ping" Lacson asked about the security classification of OVP plans, programs, activities, and projects and proposed that the court obtain the underlying documents so senator-judges could assess where the confidential funds went.

Sen. Juan Miguel "Migz" Zubiri urged the Commission on Audit to issue a final finding during the trial so the court could be guided; Presiding Officer Sen. Francis "Chiz" G. Escudero replied that COA is independent and that a final COA determination is not required for a case to be heard and tried.

Sen. Paolo Benigno "Bam" Aquino asked for clarification on potential consequences for failing to follow the Rule 18 decision; the Presiding Officer said the court would issue a clear table of corresponding guidelines.

During debate over aliases in the confidential-fund records, Sen. Robin Padilla invoked Ninoy Aquino’s use of an alias. Sen. Bam Aquino corrected the name to Marcial Bonifacio, said it was used for Aquino’s return from Boston, and contrasted that history with the confidential-fund records at issue. He then asked whether the prosecution was advancing an aliases theory; prosecutor Atty. Mae Sancho Divinagracia said it was not and that the defense had not raised the matter in its answer or pre-trial brief.

On prospective enforcement of Rule 18, the Presiding Officer said: "From this point forward, however, Rule 18 shall be strictly enforced and be given full force and effect."

On the status of the audit matter, Ortoño said: "I would say that it's not yet final. Hindi po siya final."

The respondent reserved comments and objections to the supplemental bank-record subpoena, and the Chair said further remedies remained available outside the court.

The court scheduled Colonel Boransing and Colonel Panopio for September 1, with additional witness arrangements for September 2, and adjourned until 10:00 a.m. on September 1.