THE Senate Impeachment Court on Monday declared Gina Acosta, Vice President Sara Z. Duterte’s former special disbursing officer at the Office of the Vice President, a hostile witness in the trial over the alleged misuse of confidential funds.
Presiding Officer Sen. Francis “Chiz” Escudero granted the prosecution’s motion after questioning Acosta about her current position at the OVP and her employment relationship with Duterte.
Acosta confirmed that Duterte is her boss and that she currently holds a coterminous position as Vice Presidential Staff Officer VI.
Asked by Escudero whether she would lose her OVP post if Duterte were impeached or removed from office, Acosta replied: “Wala na po akong trabaho sa OVP.”
Escudero then formally declared Acosta a hostile witness, citing both her employment circumstances and the position she took in a counter-affidavit filed before the Office of the Ombudsman.
“In addition to the ground raised by Attorney Ligutan that the witness has taken a position by virtue of her counter-affidavit filed before the Office of the Ombudsman, the court hereby declares the witness to be a hostile witness under and in accordance with Rule 132, Section 13,” Escudero ruled.
The ruling allows private prosecutor Atty. Amando Virgil Ligutan to ask Acosta leading questions during her examination. Escudero stressed, however, that misleading questions remain prohibited.
Acosta is the first witness formally declared hostile in Duterte’s impeachment trial.
Ligutan sought the declaration after presenting Acosta’s counter-affidavit in a complaint involving the alleged misuse of confidential funds.
He argued that Acosta’s position in the counter-affidavit was directly adverse to the prosecution’s case against Duterte.
According to Ligutan, Acosta maintained in her counter-affidavit that Duterte complied with the rules governing confidential funds and should not be held liable for their alleged misuse.
The defense opposed the prosecution’s motion, arguing that Acosta’s adverse interest should first be established through her examination and that the pendency of a complaint against her did not by itself make her hostile to the prosecution.
Escudero rejected the defense argument and allowed Ligutan to proceed with Acosta as a hostile witness.
Earlier, the defense stipulated that Acosta served as the OVP’s special disbursing officer in 2022 and 2023.
Acosta also confirmed during questioning that she handled confidential funds in that capacity.
In offering her testimony, Ligutan said the prosecution intends to establish that Duterte instructed Acosta to encash P500 million in OVP confidential funds in four tranches from December 2022 to July 2023 and turn over the cash to an OVP security officer.
The prosecution also intends to establish that the P500 million was not properly liquidated and that its disbursement was riddled with violations of Joint Circular No. 2015-01 governing the use of confidential and intelligence funds.
These assertions remain part of the prosecution’s offer and are subject to Acosta’s testimony and the defense’s cross-examination.
The P500 million forms part of the P612.5 million in confidential funds at the center of Article I of the impeachment complaint, consisting of P500 million released to the OVP and P112.5 million to the Department of Education while Duterte was education secretary.
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