THE House prosecution panel sees no need to present Col. Raymund Dante Lachica in Vice President Sara Z. Duterte’s impeachment trial, saying her accountability over the alleged misuse of confidential funds has already been established through testimony and evidence on record.
“With or without Lachica being presented by either of the sides, especially from the prosecution panel, we have already established the fact that there was misuse, and the one who ordered the transfer of these funds, again leading to the misuse of the confidential funds, is the Vice President,” prosecution spokesperson Lanao del Sur Rep. Zia Alonto Adiong said Thursday.
“And the accountability for such violations is also going towards the direction of the vice president, being the head of the agency. We have already established that fact,” he added.
Alonto Adiong said the panel is therefore considering no longer asking the Senate impeachment court to subpoena Lachica.
“We are now contemplating, we may no longer require or request the impeachment court to issue a subpoena to Colonel Lachica,” he said.
“So again, based on necessity, we don’t need to add any more testimony from anyone,” he added.
The House prosecution has presented former Office of the Vice President (OVP) special disbursing officer (SDO) Gina Acosta and OVP Assistant Secretary and Assistant Chief of Staff Lemuel Ortonio as hostile witnesses.
Acosta testified that Duterte instructed her to turn over four P125-million tranches totaling P500 million in confidential funds to Lachica, then head of the Vice Presidential Security and Protection Group, even though he was not fidelity-bonded or the SDO.
She also testified that Duterte approved confidential fund plans and signed disbursement and liquidation documents, while she had no personal knowledge of how the money was ultimately distributed.
Ortonio similarly disclaimed personal knowledge of actual confidential fund operations, testifying that only Duterte and Lachica knew how the money was spent and that he relied on information from the security officer in responding to audit questions.
Alonto Adiong rejected suggestions that the prosecution’s presentation would be incomplete or “half-baked” without Lachica, who allegedly had personal knowledge of how the money turned over to him was spent.
“Buo naman po ‘yung storya na nakuha po natin kay Ms. Gina Acosta at saka kay Mr. Ortonio,” he said.
“Merong misuse ba? Yes, misuse. Pangalawa, sino ‘yung nag-utos na it would lead to the misuse of the confidential funds? Ang Bise Presidente,” he added.
“Now, those two areas were already established, with or without the testimony of Colonel Lachica.”
Alonto Adiong stressed that the impeachment trial is focused on the charges against Duterte, while any separate culpability on Lachica’s part could be addressed in other proceedings.
“Ang pinag-uusapan po natin dito sa impeachment trial ay ang charges against the Vice President,” Alonto Adiong pointed out.
“Whether or not darating si Col. Lachica, it will not actually negate the fact that the most accountable person that should also answer this allegation is the head of the agency,” he added.
“Maski hindi po dumating si Col. Lachica o dumating man po si Col. Lachica, hindi po ‘yun mawawala na ‘yung accountability is going upward, not downward.”
Fellow prosecution spokesperson Kabataan Party-list Rep. Renee Louise Co said calling additional witnesses remains a matter of trial strategy and stressed that Acosta’s testimony identifying Duterte as the person who ordered the turnover is already on record.
“‘Yung mahalaga naman po ay ‘yung evidence on record na nakuha natin na from [SDO] Gina Acosta, tinanong siya sino pong nag-utos sa inyo na gawin ito. And siya po ang mismong nagpangalan kay VP Sara Duterte nito,” Co said.
“As to kung sino pang other witnesses ‘yung puwedeng maipatawag, nasa strategy po ‘yan ng prosecution,” she added.
The prosecution could still cross-examine Lachica if Duterte’s defense presents him or if the impeachment court itself decides to subpoena him.
“If ever the defense would present him as their witness, that would also give us the opportunity to cross-examine Colonel Lachica,” Alonto Adiong said.
“If the court so decides to exercise some powers to subpoena him, again, the same matter. We can also cross-examine him,” he added.
Asked about Lachica’s earlier declaration that he was prepared to testify and tell the truth, Alonto Adiong said he placed greater weight on evidence already before the impeachment court.
“Whether or not I believe him, I am more inclined to believe in the evidence and the testimonies that were already presented before this impeachment trial,” he said.
Co noted that a confidential fund case is already pending before the Office of the Ombudsman, with Lachica among the respondents alongside Duterte and several of her subordinates.
“If he is so inclined to tell the truth, I hope na sa Ombudsman ay sabihin niya rin po ang katotohanan,” Co said.
metrosundaily
