OFFICE of the Vice President (OVP) Assistant Chief of Staff Lemuel Ortonio on Tuesday testified he did not see any official receipts for millions of pesos worth of purchases of medicine, food, supplies and furniture using the OVP’s confidential funds.
Testifying as a hostile witness on Day 18 of Vice President Sara Duterte’s impeachment trial, Ortonio said the money went directly to informants and agents of the OVP.
“The explanation that was provided to me... was that the money was given directly to the informants and agents, and the informants and agents themselves purchased the medical and food supplies,” Ortonio said.
“So it’s the acknowledgment receipt which is the proof of the release of the funds to the informants or the agents,” he added.
Presiding Officer Francis Escudero then asked if any receipts exist, Ortonio said: “Based on the information I gathered, sir, no official receipts.” Ortonio also admitted that he has not personally seen a single acknowledgment receipt for the purchase of supplies, materials and equipment for OVP’s confidential operations.
“Unfortunately for the acknowledgement receipts, I was not able to see them personally, sir,” Ortonio said.
“Not a single one?” Escudero asked.
Ortonio then replied, “No, sir. At that time I was not able to see any of the acknowledgment receipts.” Escudero later pursued the prosecutor’s line of questioning and asked Ortonio: “The confidential funds you used for food and medicine were given directly to the recipients, who presumably said, ‘I’ll use this to buy food’ or ’I’ll use this to buy medicine?”
“Based on the information, your honor, provided by the security officer. That how... the medical and food aid [was given],” Ortonio said, referring to Duterte’s former security officer, Col. Raymund Dante Lachica, who handled P500 million in cash handed to him by special disbursing officer Gina Acosta, upon orders from Duterte.
Ortonio said he was also told by Lachica that there were no receipts for the chairs purchased.
“So what you’re saying is that the money was also given to the informant — quote, unquote, those are your words — so that the informant could purchase the chairs, and that was the payment to the informant? Quote, unquote,” he added.
“Yes, sir. That’s based on the information that was provided by the security officer,” Ortonio answered.
Duterte sought P250 million in confidential funds from the Department of Budget and Management (DBM) on Aug. 22.
But the supporting Physical and Financial Plan was prepared and approved only on Sept. 16 after the DBM sought supporting documents.
The OVP ultimately received P125 million in December.
P125 million in 11 days
Ortonio confirmed that based on OVP documents, P125 million in confidential funds allocated in 2022 was spent in just 11 days.
During the cross examination, private prosecutor Mae Divinagracia showed the Liquidation Report covering Dec. 21 to 31, 2022, and asked Ortonio if the P125-million confidential fund was spent by Dec. 31.
In response, Ortonio said that the P125 million in confidential funds were allotted for the fourth quarter of 2022, but the funds were spent only until Dec. 31, 2022, since they were encashed on Dec. 20, 2022.
“Based on the computation and based on the document, it will reflect 11 days,” Ortonio said.
Escudero then asked why the fund was immediately spent when the budget was intended for two years.
Ortonio replied that it was because the request was made for 2022, particularly the last quarter.
He also said he was not aware of any “threat of cataclysmic proportion” against Duterte that would have required spending P125 million in confidential funds within 11 days for security.
The OVP’s accomplishment reports showed 132 areas covered in 11 days in 2022, compared with 127 areas over 52 days in the first quarter of 2023, 111 areas over 67 days in the second quarter and 122 areas over 79 days in the third quarter.
During the proceedings, Divinagracia also showed Duterte’s authority and approval in key documents.
“The respondent’s hand prints are in every document that mattered. From request to liquidation, her authority and approval are in the important documents,” she said.
Divinagracia said the liquidation and accomplishment reports followed a pattern that appeared designed to comply with rules rather than reflect actual operations.
“The reports were written to fit the rules, not the facts,” she added.
Robredo had no confidential funds
Ortonio said the OVP sought confidential funds from the DBM in 2022 after finding no records that the office had such funds during the tenure of former vice president Leni Robredo.
He said the OVP requested confidential funds from the DBM through a letter signed by Duterte, dated Aug. 22, 2022.
The letter’s confidential funds request was justified by citing safe implementation of good governance programs and official engagements.
Ortonio also confirmed that Lachica was designated OVP security officer only in September 2022, weeks after the letter was sent.
The Senate Impeachment Court declared Ortonio a hostile witness after finding that his continued employment under Duterte gives him an adverse interest in the proceedings.
Escudero made the ruling after Ortonio confirmed that he serves at Duterte’s pleasure, reports directly to her and holds a co-terminus position.
The OVP official also confirmed that he remains employed by Duterte.
Also during the trial on Tuesday, Divinagracia said that Vice President Duterte had at least 470 protective security personnel under the Vice Presidential Security and Protection Group already funded separately by the Armed Forces of the Philippines and Philippine National Police, and questioned why, with such a large protective force, the OVP would need confidential funds for her protection.
Ombudsman asked to investigate
During a break in the trial, House prosecutor and Bicol Saro Party-list Rep. Terry Ridon asked the Office of the Ombudsman to look into whether actual malversation was committed by Vice President Duterte, Acosta and Lachica in the disbursement of confidential funds.
Ridon said testimony presented before the Senate impeachment court has so far established that the irregular use of the confidential funds was done under the clear instructions of the vice president.
Ridon highlighted one line item in particular — the P16 million for safe house rental and maintenance, appearing across quarters with different lengths, comparing the amount to the rates of high-end real estate.
“You know, the price being discussed for these safe houses is comparable to renting homes in the most exclusive subdivisions in the Philippines, such as Forbes Park and Dasmariñas Village,” he said.
“It is on par with the most expensive condominiums in Bonifacio Global City and Makati. So, that is the price level of the safe houses we are talking about here,” he added.
