THE House prosecution team maintained on Thursday that the impeachment trial of Vice President Sara Z. Duterte will continue until final judgment is rendered even if she complies with the notices of disallowance issued by the Commission on Audit on the use of P500 million in confidential funds of the Office of the Vice President.
House Lead Prosecutor Rep. Gerville “Jinky Bitrics” Luistro of the 2nd District of Batangas said the impeachment trial and the audit process of the COA are two separate and distinct proceedings, the objectives of which are very different.
“Sa impeachment trial, we are testing the fitness of the public official to continue serving as such and to run for any public office in the future. Ito sa notices of disallowance, what we are determining here is whether or not there is basis to demand restitution of public fund which is apparent kapag hindi sinunod ang mandato ng Joint Circular 2015-01 in cases of confidential funds,” Luistro said in a press conference.
She explained that the audit proceedings of COA are focused on compliance with regulations regarding the proper use, disbursement, and liquidation of public funds, while the impeachment trial seeks to test the fitness of the public official concerned to continue serving in office.
Counsel for the prosecution Atty. Amando Virgil Ligutan said a public official, in this case the Vice President, will still have to face trial before the Senate Impeachment Court even if she complied with the notices of disallowance issued by COA, specifically on the restitution of funds.
“Kung isinauli na ba yung pera, mapapawalang-sala na ba? Hindi. The fact na isinauli na yung pera hindi ibig sabihin na hindi na tayo pwede magpatuloy sa impeachment proceeding o yung pag file ng mga kaso. Iba yun,” Ligutan said.
“Yung pagsasauli ng pera, hindi yan rason na hindi na dapat i-account, i-exact ano ba yung naging administrative, civil or criminal liability ng isang tao. Just because isinauli na niyo yung pera, hindi yan excuse na matatapos na yung proseso to exact liability from that person,” he added.
The Vice President is being accused of engaging in a systematic misuse, misappropriation, and irregular liquidation of the confidential funds amounting to P500 million released to the Office of the Vice President and P112.5 million that went to the Department of Education during her term as Secretary of the agency.
COA state auditor Roderick Wamil testified before the impeachment trial that the OVP and DepEd did not comply with the regulations on the use and liquidation of confidential funds as contained in Joint Circular 2015-01, which resulted in the issuance of notices of suspension and later on notices of disallowance.
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