Defense and Prosecution clash immediately over De Lima's statement on confidential funds — GMA News

[0:00] Respectfully appearing for the prosecution, we are ready, Your Honor, for the presentation of our initial witnesses for Article 1, that is confidential fund misuse, misappropriation, and irregular liquidation. [0:14] Good morning. Appearances for the respondent? [0:16] Good morning, Your Honor. Same appearances for the respondent accused. [0:19] Good morning as well. Will the lead prosecutor kindly call their first witness for this morning? [0:25] Your Honor, may I request that the head prosecutor of Article 1, Confidential Fund, the Honorable Joel Chua, be recognized, Your Honor. [0:34] The Honorable Chua, a member of the panel of prosecutors, is recognized to call their first witness to the stand. [0:49] Good morning, Your Honor. Your Honor, same appearance for the prosecution. [0:56] Your Honor, may we be given a five-minute opening statement. [1:02] May we request Representative Laila de Lima to be recognized by the chair, Your Honor? [1:07] The chair would like to remind the Honorable de Lima, if indeed she will make an opening statement, [1:13] to kindly avoid conclusions of both fact and law, as we have previously agreed upon and raised by the defense in previous hearings, [1:20] and as pointed out by several senator judges. With that conditionality, the Honorable de Lima may proceed with her opening statement. [1:29] Your Honor, may we comment on that matter? [1:32] Yes. What is the pleasure of Attorney Paul? [1:36] Your Honor, I'd like to apologize for having to comment on this matter, but as far as I recall, [1:41] the presiding officer already made a ruling before against opening statements, Your Honors. [1:46] Yes. Again, I will be very conscious, Honorable de Lima, with respect to statements of fact and law [1:54] that are not coming out from the mouth of any witnesses you will be presenting. [1:58] So kindly be precise and short with respect to your opening statements. [2:06] You may proceed, Ma'am. Subject to those reminders. [2:09] Thank you, Mr. Presiding Officer. This is about five minutes or a little more than five minutes. [2:14] Mr. Senate President, Mr. Presiding Officer, Honorable Senator Judges, mga kababayan, magandang umaga po. [2:25] Sa ating pagbabudget para sa pamilya, dahil hindi naman anli ang pera, masinop ang ating paggasta sa talagang kailangan at kapakipaginabang natin nilalaan. [2:39] Ganyan din dapat sa pondo ng bayan. [2:43] Sa yugtong ito ng paglilitis, pag-uusapan natin ang confidential funds. [2:49] Ito ang budget para sa mga sensitibo at surveillance-related activities upang suportahan ang mandato ng mga civilian agencies. [2:58] That a budget is intended for confidential operations does not mean that the conduct of the officials involved in the handling of people's money [3:06] is exempted from the demands of transparency, scrutiny, and accountability. [3:14] Public office is a public trust. [3:17] Yan ang sabi ng konstitusyon. [3:19] Sakop nito ang lahat na nasa gobyerno. [3:22] At ang utos na yan ay hindi pwedeng balawalain dahil confidential lang o confidential ang pondo. [3:31] Ang confidentiality ay para protektahan ang lehitimong operasyon at informant. [3:36] Hindi ito pahintulot para mag-imbento ng pangalan at dokumento. [3:42] Hindi ito palusot para ibulsa ang pera. [3:46] Kung confidential ang pondo, lalo pang ang mataas ang pananagutang kaakibat nito. [3:52] The Constitution entrusts this court with a solemn duty to determine whether the respondent vice president committed culpable violation of the Constitution, [4:02] graft and corruption, and betrayal of public trust. [4:05] The evidence will show that she did. [4:09] This case, Article 1, is about $612.5 million in confidential funds entrusted to VP Sara Duterte [4:18] through the Office of the President and the Department of Education. [4:23] This is not about one missing receipt. [4:25] This is not about a clerical error or accounting mistake. [4:29] The evidence will reveal a pattern, a systemic course of conduct that, taken as a whole, [4:35] demonstrates graft and corruption and betrayal of public trust. [4:40] With the permission of the Honorable Dilemma, yes, Counsel for Respondent. [4:46] Your Honours, again, Your Honours, I think we have to object to the statements being made by the Honorable Dilemma, [4:52] with all due respect, of course. [4:54] Your Honours, they can do that through the offer of their evidence, Your Honour. [4:57] The Honour will instruct the Honorable Dilemma to kindly limit her statements. [5:02] I was listening intently in the beginning. [5:04] It was okay, Honorable Dilemma, but later on, you did make conclusions of law already, [5:09] which the Honour orders to be stricken from the record. [5:12] You may wind up, Honorable Dilemma, but kindly avoid conclusions of fact and law. [5:17] Your Honours, please, if I may just be given just a few seconds. [5:20] Your Honours, ang naging problema natin nung huling pagkakataon na pinayagan natin yung ganitong statement [5:26] at nasabi na nga ng presiding officer is kahit naman i-strike off the record natin. [5:31] I narinig na po at nasabi na. [5:34] So to allow, Your Honours, again, a continuation of such, [5:39] this really goes into the matter of fair play, Your Honour. [5:45] Honorable Dilemma, kindly wind up. [5:46] Again, you were forewarned beforehand to kindly limit your statements. [5:50] Hence, you are faced again with a similar situation. [5:53] Kindly wind up, Honorable Dilemma, and call your witness. [5:55] Ang dami pong malalampasan sa aking opening statement [6:00] because this is supposed to be an overview of the case, the overview of the evidence. [6:06] To let the witnesses speak, not the councils, [6:08] insofar as the evidence is concerned or conclusions of both fact and law. [6:12] Kindly wind up, Honorable Dilemma. [6:14] I submit, Your Honour, and so I will wind up. [6:23] Kapag ang isang impeachable officer, tulad ng pangalawang pangulo, [6:27] inabuso ang kapangyarihan sa paraang sumisira sa accountability, [6:31] kung sumusuway sa pananagutan, dapat pa ba siyang pagkatiwalaan? [6:35] Dapat pa ba siyang manatili sa pwesto? [6:37] When the Filipino people entrusted their money to Vice President Sara Duterte, [6:43] was that trust honored? [6:46] That question will not be answered by politics, by general denials, by press releases. [6:52] It will be answered by the witnesses, by the documents, by audit, [6:56] and by the evidence, and the prosecution is ready to present it. [7:02] Sa kabuuan ng ebidensya, makita ang hindi lang mga simpleng irregularidad ang nangyari. [7:06] Objects on, Your Honour. [7:07] Again, objection on, Your Honour. [7:09] Honourable Dilima, I would have to stop you at this point. [7:13] The continuing objection of the respondent is duly noted. [7:16] I would have to stop you at this point. [7:18] And I have to stop now. [7:19] My due apologies, but kindly call your witness already. [7:22] Thank you, Your Honour. I submit. Thank you very much. [7:25] Kindly call your witness. Representative Chua. [7:31] Thank you, Your Honour. [7:32] Your Honour, we are going to present our first witness in the person of Ms. Violeta Constantino. [7:40] The Clerk of Court, through the Sergeant at Arms, is instructed to situate Ms. Violeta Constantino to the witness stand. [7:59] Kindly remain standing, ma'am. [8:01] Clerk of Court is directed to administer the oath to the witness. [8:07] Please raise your right hand, ma'am. [8:09] You, Violeta Constantino, do swear that the evidence you shall give in the case now pending [8:17] between the Philippines and Vice President Cyrus Zimmerman Duterte [8:21] shall be the truth, the whole truth, and nothing but the truth. [8:24] So help you God. [8:28] Kindly be seated, ma'am. [8:28] May I proceed, Your Honour? [8:32] You may proceed, counsel, when you're ready.