House prosecution legal spokesperson Atty. Benjamin “Jay” Tolosa Jr.,
THE Special Disbursing Officers (SDO) who personally received the confidential-fund cash for the Office of the Vice President (OVP) and Department of Education (DepEd)are expected to face hostile-witness questioning from the prosecution on where the money went afterward.⠀
Private prosecutor and House prosecution legal spokesperson Atty. Benjamin “Jay” Tolosa Jr. today identified Gina Acosta and Edward Fajarda as upcoming witnesses whose interests are considered adverse to the prosecution.⠀
“Oo. Pag sinabi mo kasing hostile witness, ang ibig sabihin niyan, their interests are adverse to the party who called them as witnesses,” Tolosa said.⠀
Acosta and Fajarda previously appeared in the House inquiry into the confidential funds, where they were identified as Special Disbursing Officers (SDO) of the OVP and DepEd, respectively.⠀
Their testimony in the impeachment trial would follow evidence from former LandBank managers concerning cash withdrawal of the confidential fund.⠀
“But abangan din natin yung mga magiging testimonya nila, no, because sila ang special disbursement officers, meaning sila ang… maalala natin yung mga sinabi ng Land Bank officer, sila yung tumanggap nung pera, no,” Tolosa said.⠀
The prosecution seeks to present evidence to trace the money from its release and withdrawal through its alleged distribution and eventual liquidation.
Tolosa said that as SDO’s, Acosta and Fajarda occupied a crucial point in that money trail because the cash was released to them.
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“So magandang marinig sa kanila, sila yung accountable doon, nung natanggap nila, saan nila dinala, saan nila ginamit,” Tolosa stressed.
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The prosecution may use leading questions in examining hostile witnesses even though it is the party calling them to the stand, according to Tolosa.
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However, he stressed that it is the senator-judges who will ultimately assess the weight of their testimony together with the bank records, liquidation documents, and COA findings already presented under Article I.
