HAPPENING NOW: Day 11 of VP Sara impeachment trial — ANC

[0:00] The Senate Sergeant-at-Arms is directed to make a proclamation. [0:06] All persons are commanded to keep silent under pain of penalty while the impeachment court is in session for the trial of Vice President Sara Zimmerman Duterte. [0:15] The impeachment trial of Vice President Sara Zimmerman Duterte is hereby called to order. [0:22] We shall be led in prayer by Senator Judge Amy Marcos. [0:25] Mahal ng Panginoon, muli kaming lumalapit sa inyo ng may pagpapakumbaba at pagtitiwala. [0:38] Basbasan po kami ng karunungan at malina na pag-iisip sa aming pagtalakay at paghatol sa impeachment ng aming Vice Presidente. [0:47] Alisin mo sa aming mga puso ang anumampang sariling damdamin o pag-aalinlangan upang magampanan namin ang aming katungkulan [0:56] ng may ganap na pagiging patas, walang kinikilingan at ayon sa katotohanan at patas. [1:03] Gabayan mo ang lahat ng kalahok sa paglilitis, ang depensa, ang prosekusyon, ang bawat istigo at ang bawat senador hukom. [1:12] Pagkalooban mo kami ng lakas, katatagan at integridad upang maisagawa namin ang aming kanya-kanyang tungkulin ng may dangal at pananagutan. [1:22] Patawarin mo kami sa aming pagkukulang at pagkakasala. [1:25] Patuloy mo kami ang akayin sa landas ng katarungan at kabutihan para sa aming bayan. [1:31] Magpadala po kayo ng maraming anghel ng katotohanan at ilayo sa amin ang pagpapakalat ng kasinungalingan. [1:41] Ito ang aming dalangin sa ngalan ni Jesus. Amen. [1:44] The clerk of court will now call the roll. [1:48] Roll call up members. [1:52] Senator Judge Aquino. [1:54] Senator Judge Cayetano Alan. [1:56] Senator Judge Cayetano Pia. [1:59] Senator Judge De La Rosa. [2:01] Senator Judge Ejercito. [2:03] Senator Judge Strada. [2:05] Senator Judge Goh. [2:07] Senator Judge Ontiveros. [2:09] Senator Judge Laxon. [2:11] Senator Judge Lapid. [2:13] Senator Judge Legarda. [2:15] Senator Judge Mark Coleta. [2:17] Senator Judge Marcos. [2:18] Senator Judge Padilla. [2:19] Senator Judge Pangilinan. [2:22] Senator Judge Soto III. [2:24] Senator Judge Tulfo Irwin. [2:27] Senator Judge Tulfo Rafi. [2:29] Senator Judge Villanueva. [2:31] Senator Judge Villar Camille. [2:34] Senator Judge Villar Mark. [2:36] Senator Judge Zubiri. [2:38] The presiding officer, Senator Judge Escudero. [2:40] Senate President Gatchalian. [2:42] With 16 senator judges present, the chair declares the presence of a quorum. [2:46] In accordance with the rules of procedure on impeachment trials, [2:50] the chair now recognizes the duly elected presiding officer to preside over the proceedings of the impeachment court. [2:59] Thank you, Mr. Senate President. [3:00] If there are no objections, we shall dispense with the reading of the journal of July 29, 2026, [3:07] of the Senate sitting as an impeachment court and shall consider the same as approved. [3:12] The clerk of court will please call the case before the impeachment court. [3:19] Case number 004, 2026. [3:21] In the matter of impeachment trial of Vice President Sarah Zimmerman Duterte. [3:26] Appearances for the parties. [3:37] Good morning, Your Honor. [3:38] Same appearance for the prosecution. [3:40] We are ready, Your Honor. [3:42] Thank you and good morning. [3:43] Appearances for the respondent. [3:44] Good morning, Your Honor. [3:46] Same appearance for the respondent accused. [3:48] Thank you, Your Honor. [3:48] Will the lead prosecutor kindly call their witness for today? [3:53] Your Honor, may I request that counsel for the panel of prosecutors, [3:57] Attorney Lorna Capunan, be recognized. [4:01] Attorney Capunan is recognized. [4:09] Attorney Capunan, the counsel for the panel of prosecutors, [4:13] kindly call your first witness, ma'am. [4:15] Good morning, Your Honors. [4:18] Attorney Lorna Pataw Capunan, [4:20] counsel for the petitions under the direct control and supervision [4:25] of the House panel of prosecutors. [4:29] We'd like to call on our first witness, Your Honor, [4:32] Mr. Roderick C. Wamil. [4:36] The Clerk of Court, through Sergeant Thurms, [4:38] is directed to kindly bring and situate at the witness stand [4:43] the witness of the prosecution for today, Mr. Roderick Wamil. [4:48] Before you sit down, Mr. Wamil, [5:21] the Clerk of Court is directed to subscribe to the witness, [5:25] or rather put the witness under oath. [5:26] Apologies. [5:26] Please raise your right hand. [5:29] You, Roderick C. Wamil, [5:33] do swear that the evidence you shall give in the case now pending [5:37] between the Philippines and Vice President Cyrus Zimmerman Duterte [5:40] shall be the truth, the whole truth, and nothing but the truth. [5:43] So help me God. [5:46] You may sit down, Mr. Wamil. [5:49] Your witness, counsel for the panel of prosecutors, [5:53] Attorney Capunan, you may proceed when you're ready with your offer. [5:56] Thank you, Your Honor. [5:57] But before we proceed, Senators, Honorable Senators and Presiding Officer, [6:04] may we flash on the screen page 2 of the pretrial order dated 29 June 2026. [6:14] Please note from the screen that several admitted facts are stated in the said pretrial order. [6:27] I call your attention, please, to page 2 of the pretrial order. [6:33] These are the admitted facts for Article 1 on the misuse and misappropriation of confidential funds. [6:42] I will not read them anymore, but I'd like to highlight certain admissions. [6:55] The lady may proceed for the guidance of the Senator Judges. [6:58] Thank you, Your Honor. [7:01] As can be seen from the screen, first, the OVP, Office of the Vice President, [7:07] had confidential funds in the fixed amount of $125 per quarter. [7:15] The first quarter of 2023 is February 6 to March 29, 2023. [7:24] For the second quarter of 2023, that is April 25 to June 30, 2023. [7:32] And for the third quarter of 2023, which covers the period July 14 to September 30, 2023. [7:42] Fixed amounts per quarter of $125 million. [7:47] You're referring to paragraph numbers 2.5, 2.6, and 2.7, Council. [7:52] Yes, Your Honor. [7:53] You may proceed. [7:55] Also admitted is the fact that Gina Acosta was the Office of the Vice President's Special Disbursing Officer, [8:04] or SDO, in relation to the OVP's confidential funds for the fourth quarter of 2022, [8:14] as well as the first, second, and third quarters of 2023, as can be seen on the screen. [8:22] May I ask counsel for the respondent? [8:26] We confirm that, Your Honor. [8:27] Thank you, counsel. [8:31] Likewise, Your Honor, this Honorable Court Presiding Officer will recall that in the hearing last Wednesday, [8:41] several stipulations were made by both parties, [8:47] and in fact, upon the initiative of Attorney Poa, counsel for the respondent. [8:54] May I just remind this court what these are, and they will be flashing the screen for the better appreciation of this Honorable Court. [9:07] Both the prosecution and the respondent agreed last Wednesday's hearing to the following stipulations. [9:17] First, that the OVP issued four checks, all in the name of Gina F. Acosta, worth $125 million each, [9:31] on December 20, 2022, January 31, 2023, April 18, 2023, and July 13, 2023. [9:47] Second, that the said amounts were paid by the Philippine Treasury for the account of the Office of the Vice President. [10:02] Third, that Ms. Gina Acosta received the amounts of the said checks on December 20, 2022, [10:11] February 6, April 25, 2023, April 10, 2023, and July 11, 2023. [10:30] Likewise stipulated, Your Honor, that the said amounts were paid by the Philippine Treasury for the account... [10:38] Counsel, with respect to the last check, what was the date of encashment? [10:44] You mentioned July 11, or is it July 16, or should it be July 16? [10:51] Check your records, because the encashment cannot be before the date of the check. [10:56] Respondent. [10:57] What is it? [11:03] Kindly check the last check, last three digits, 664. [11:09] Counsel mentioned that it was encashed on July 11, 2023. [11:15] It should be, if I remember correctly, it should be July 16. [11:23] Kindly check the dorsal side of the check. [11:25] Encashment. [11:26] I, um, the SDO, on what date? [11:34] You said July 11 earlier. [11:47] Encashment. [11:48] Counsel for Respondent, maybe you can help us with this? [11:53] We are verifying, Your Honor. [11:55] Kindly validate. [11:57] Because date of encashment cannot precede or antedate the date of the check. [12:07] Honorable Presiding Officer, the date of the check is July 13, but the encashment was July 14, Paul. [12:14] July 14. [12:14] Okay. [12:15] Not July 11. [12:16] I heard you mention July 11. [12:17] My bad, Your Honor. [12:18] You may proceed, Counsel. [12:19] That the set amounts were paid by the Philippine Treasury for the account of the Department of Education Office of the Secretary. [12:30] And lastly, that Mr. Edward de Fajarda received the amounts of the checks on February 22, 2023, April 26, 2023, and July 13. [12:49] 2013, 2023, which amounts to 112.5 million, Your Honors. [12:58] May we ask Counsel for Respondent to confirm this? [13:02] Your Honors, just, I really don't want to make a big issue about this, but just on the first stipulation, Your Honors, please. [13:07] We remember stipulating only as to the ability of the witness to identify the checks and to the authenticity of the checks. [13:18] Now, I do understand where the counsel for the prosecution is coming from, but perhaps we could just refer to our records in terms of the stipulations made, Your Honors. [13:29] The presiding officer remembers that the authenticity and execution of the checks, as well as all the information contained therein, meaning to say the signatories, the payee, the amount contained therein, the date it was in cash, were all stipulated to by the respondent. [13:51] In not so many words, Counsel, you are correct. [13:56] Yes, Your Honor. As a matter of fact, not only the front side of the check, but the dorsal side. [14:01] Including the dorsal side, meaning to say the checker, the validator, the... [14:04] Yes, Your Honors. [14:05] Yes, they were all stipulated to by the respondent. You are correct, Counsel. [14:07] Thank you, Mr. Presiding officer. [14:09] And lastly, Your Honors, please. As you can see in front of you, we have 15 boxes. 15 boxes of confidential funds. For this witness alone, he will be identifying 50 exhibits. [14:36] Are you proceeding with your offer already, Counsel? [14:38] No, Your Honor. This is in addition to our proposed stipulation, Your Honor. [14:43] Ah, yes. Okay. Proceed. [14:44] Okay. This witness will be identifying 50 exhibits. The acknowledgement receipts alone for the fourth quarter of the Office of the Vice President will be 845 documents, Your Honor. [15:00] And not to PM, testimony of the next witness. This next witness will attest to 3,664 documents, of which 3,617. [15:16] Our acknowledgement receipts, Your Honor. [15:19] My proposed stipulation, Your Honor, since most of these documents, these documents, Your Honor, are not documents from the prosecution. [15:29] These documents are the liquidation documents submitted by the Office of the Vice President and the Department of Education Secretary [15:41] to liquidate the 500 million confidential funds to liquidate the 500 million confidential funds of the Office of the President and the 116.5 million of the DepEd, Your Honor. [15:56] Just to emphasize, Your Honor, these are common exhibits, and if, Counsel, we can flash them on the screen. [16:13] Most of these are common exhibits. [16:16] For the Office of the Vice President, we have 14 common exhibits for the period December 21 to 31. [16:27] For the first quarter of 2023, there are six common exhibits, six common exhibits as well for the second quarter of 2023, [16:39] and five common exhibits for the Office of the Vice President, Your Honor. [16:48] And this is a total of 31 common exhibits, Your Honor. [16:54] For the DepEd, Your Honor, we have six common exhibits for the first quarter, seven common exhibits for the second quarter, [17:07] and six common exhibits for the third quarter, Your Honor. [17:11] And here is where we ask for stipulation, Your Honor. [17:16] Since these are prosecution exhibits as well as defense exhibits, and in addition to that, these are documents submitted by the defense themselves to the COA by way of liquidation, Your Honor. [17:33] May we request for stipulations. [17:35] For the appreciation of the senator judges and the presiding judge. [17:40] Flashed on the screen are the exhibits we want stipulated, the prosecution exhibit numbers, and the defense exhibit numbers, Your Honor. [17:55] These are only insofar as the common exhibits are concerned, Counsel? [17:58] Yes, Your Honor. These are only common exhibits. [18:01] What does the respondent, Counsel for Respondent, say? [18:03] Your Honor, may we just ask for, and I apologize for having to request for this, [18:09] but may we just ask for at least a five-minute suspension so we can also concur with the prosecution panel, [18:15] and to check exactly what documents they would want to stipulate. [18:20] Because, Your Honors, we have no problem stipulating, but we also, due to the voluminous nature of the documents, [18:26] we just want to make sure we're also ensuring the rights per client, especially, you know, if there are questions on chain of custody, et cetera. [18:33] With the permission of my fellow senator judges, it is in the interest of abbreviating the proceedings anyway, [18:39] the Chair declares a five-minute recess. [18:41] Thank you, Your Honors. [18:43] Thank you, Your Honor. [18:44] Thank you. [18:45] Thank you. [18:46] Thank you, far. [18:47] Thank you. [18:48] The entrance to our Honors will arrive to us today's report. [18:50] Thank you from our个 eye is offering