HOUSE Prosecution panel adviser and spokesperson Ace Barbers has said the prosecution is not “afraid” to confront and grill Army Col. Raymund Dante P. Lachica, Vice President Sara Duterte’s chief security officer, should the team decide to subpoena and present him as hostile witness in the impeachment trial.
Barbers said the panel, at present, is carefully assessing whether Lachica’s testimony would provide additional evidentiary value to its case involving the alleged misuse of confidential funds, stressing that seeking him as hostile witness should be based on the substance of his testimony—not fear of what he might say.
“Hindi takot ang prosecution kay Col. Lachica. We are still assessing the evidentiary value of the statement that will come from him, if it is still necessary for the prosecution. At this point in time, hindi pa namin kailangan,” Barbers told Bilyonaryo News Channel’s On Point host Pinky Webb.
The former Surigao del Norte congressman and governor said the prosecution already has sworn testimonies from three witnesses—former OVP Special Disbursing Officer Gina Acosta, former DepEd Special Disbursing Officer Edward Fajarda, and OVP Assistant Secretary for Administration and Finance Lemuel Ortonio—who testified in earlier House proceedings.
According to Barbers, their testimonies are already on record and form part of the prosecution’s evidence concerning the alleged irregular disbursement, liquidation and misuse of P612.5 million in OVP and DepEd confidential funds.
Barbers noted that Acosta, Fajarda and Ortonio appeared before the House Committee on Government, giving the prosecution an opportunity to hear and scrutinize their accounts under oath.
Their prior testimonies, he said, provide the panel with a clearer basis for assessing the evidence than calling a witness whose account it has yet to hear.
“Eh, yung Col. Lachica, hindi namin narinig. Eh, ba’t namin siya patatawag? It’s going to be a risk for the prosecution,” Barbers said, explaining that the panel cannot determine beforehand whether Lachica’s testimony would strengthen, weaken or have no material effect on the evidence already presented.
He clarified that the risk does not mean Lachica could automatically overturn the prosecution’s case, but that he could introduce new assertions that the panel has not previously heard or had the opportunity to test.
Acosta has testified before the impeachment court that ₱500 million in confidential funds, released in four ₱125-million tranches, was turned over to Col. Lachica – who is unbonded and non-employee of the OVP – on the instruction of Vice President Duterte for implementation of confidential activities.
Meanwhile, Fajarda, whose testimony was scheduled for the August 24-26 hearings, recently suffered a stroke and was advised by Senate doctors to undergo two weeks of rest. He is expected to testify on September 7, subject to medical clearance.
Barbers said that if Lachica takes the witness stand as part of the defense presentation, the prosecution will be ready to cross-examine him. “Hindi kami natatakot kay Col. Lachica,” he said, stressing that the panel will evaluate his testimony based on its relevance and evidentiary value.
“If Lachica’s testimony contains relevant information, the prosecution will address it; if it does not, the panel will rely on the evidence already established on record,” Barbers said.
metrosundaily