The Senate impeachment court resumes proceedings on Wednesday, July 29, for the 10th day of Vice President Sara Duterte’s impeachment trial, with discussions expected to center on the Article I of the Articles of Impeachment which alleges the misuse of confidential funds.
During the day's hearing, the court is set to tackle Article I of the Articles of Impeachment, which accuses the Vice President of the alleged improper use of confidential funds during her tenure at the Office of the Vice President (OVP) and the Department of Education (DepEd).
The presentation of evidence and testimonies related to the allegations is expected to continue as the prosecution seeks to establish its case before the Senate impeachment court.
The impeachment trial resumed on Wednesday following a two-day break for President Ferdinand “Bongbong” Marcos Jr.’s fifth State of the Nation Address (SONA).
Fourteen senator-judges were present on Day 10 of the impeachment trial.
In her opening statement, Senator Leila de Lima raised questions about whether an impeachable official who allegedly abuses their power should remain in office.
“Kapag ang isang impeachable officer tulad ng Pangalawang Pangulo ay inabuso ang kapangyarihan… dapat pa ba siyang pagkatiwalaan? Dapat pa ba siyang panatilihin sa puwesto?” De Lima said.
Former Land Bank of the Philippines Shaw Boulevard branch manager Violeta Constantino took the witness stand on Day 10 to testify on Article I of the Articles of Impeachment against Duterte.
Constantino served as department manager of the LandBank Shaw Boulevard branch from May 2017 to January 2024.
During her testimony, Constantino said each of the four checks issued in the name of “Gina F. Acosta” was worth P125 million.
The prosecution presented the four checks, which totaled P500 million, and said they were issued in Acosta’s name.
The defense team acknowledged the authenticity of the four checks and confirmed that the amounts indicated on them had been withdrawn.
Constantino testified that she oversaw the encashment of four checks payable to Gina Acosta, the special disbursing officer of the Office of the Vice President. Each check was worth P125 million, for a total of P500 million.
“Ako po ang nag-o-oversee sa lahat ng transactions ng branch, particularly sa opening ng accounts, deposits, encashments, withdrawals, kasama na rin po rito ‘yung pagma-marketing and other administrative tasks,” she said.
The defense did not question the authenticity of the four checks, which were admitted as common exhibits by both parties.
When prosecutor Chua asked Constantino about the four checks, particularly the verifier, teller, and approver signatures, as well as the dates of encashment, she said the signatures belonged to bank staff, including herself.
Constantino also explained the process by which the bank released the funds to Acosta, confirming that a total of P500 million was withdrawn through the four checks.
Poa accepted Constantino’s testimony without conducting cross-examination.
The senator-judges were then recognized to ask questions of the witness.
Senator-judges questioning the witness
Senator-Judge Raffy Tulfo asked LandBank Shaw Boulevard branch manager Violeta Constantino what was used to carry the P125 million in cash.
She said the money was placed in a "gym bag."
According to Constantino, OVP staff used three to four bags to carry the P125 million they had encashed.
OVP withdrawals with four ₱125-M cheques “unusual”, says ex-bank manager
Tulfo asked whether withdrawing such a large amount of cash was normal. Constantino described the transaction as "unusual" but said the bank did not question it because the OVP had previously advised them that withdrawals would be made.
"Unusual po ito, unusual withdrawal," she says.
Upon the questioning of Senator-Judge Bam Aquino, Constantino explained that withdrawals exceeding P500,000 are reported under the Anti-Money Laundering Act (AMLA).
While she described the P125-million withdrawal as unusual, Constantino said the bank did not consider it suspicious. She added that it was the first time she had encountered a withdrawal of such a large amount.
“Puwede sabihin unusual kung sabihin over P500,000,” Constantino says.
However, Constantino noted that since the P125 million was withdrawn through four separate checks, the transactions could be considered usual from the bank’s perspective.
She also identified the manner of withdrawal as another unusual aspect of the transactions, noting that clients typically issue checks or conduct transactions online rather than encash such a large amount in cash.
Senator-Judge Risa Hontiveros meanwhile, pointed out that each P125-million withdrawal was 250 times higher than the usual amount subject to reporting.
Senator Alan Peter Cayetano offers his perspective, telling the court that a large cash withdrawal by a government agency does not, by itself, establish wrongdoing. Cayetano recalls that when he was Secretary of Foreign Affairs, he had to coordinate with the LandBank president to withdraw P50 million to P100 million on a Friday to provide assistance to passengers stranded at ports and airports during a major storm.
“Just because it’s unusual, it doesn’t mean it’s illegal,” Cayetano says.
Constantino is excused from the witness stand after no senator-judge seeks a further round.
The impeachment court is now in recess and will resume proceedings at 12:30 p.m.
The prosecution wil presents its next witness.
Prosecution's 2nd witness for Article I of the Articles of Impeachment - LandBank official Nenita Camposano
The prosecution presented former LandBank DepEd branch manager Nenita Camposano as its second witness for Article I of the Articles of Impeachment, which concerns the alleged misuse of confidential funds.
Camposano testified on three checks worth ₱37.5 million each, or ₱112.5 million in total, payable to Edward Fajarda, the Department of Education’s special disbursing officer.
Camposano served as branch manager from May 2022 to September 2024.
House prosecutor Rep. Joel Chua presented details of the three checks: one dated February 20, 2023, and encashed on February 22; another dated April 19 and encashed on April 26; and a third dated July 11 and encashed on July 13.
All three checks were funded by the Philippine Treasury and drawn against the account of the DepEd Office of the Secretary.
The three ₱37.5-million checks were encashed at the LandBank DepEd branch in 2023.
According to Camposano, Sonia De Leon, a chief administrator of DepEd’s cash division, would call the bank to reserve the funds.
Camposano said Fajarda personally encashed all three checks, with the same process followed for each transaction.
She said the bank verified Fajarda only through his identification card. Fajarda allegedly arrived carrying two bags and left through the fire exit after receiving the money.
Camposano said Fajarda placed the money in the two bags.
She acknowledged that withdrawing ₱37.5 million was an “unusual” transaction and said it was the first time she had encountered such a transaction at the LandBank DepEd branch.
However, Camposano said she had encountered large transactions involving other government agencies when she was assigned as a bank manager at another branch, although she did not identify the agencies.
Camposano also explained that after the funds were made available, the bank would call De Leon to inform her that the money was ready.
“After no’n, tumatawag kami kay Sonia na available na ang pera,” Camposano said.
She clarified, however, that not every unusual transaction was automatically reported as suspicious.
Chua then ended his direct examination of Camposano.
Defense lawyer Poa asked only two questions during cross-examination, with the prosecution opting not to conduct redirect examination.
During the intervention of Senator-Judge Raffy Tulfo, Camposano was asked whether anyone had endorsed Edward Fajarda as the person authorized to withdraw the money.
“Wala,” Camposano answered.
However, Camposano clarified that "Sonia De Leon" had informed her that Fajarda would be the one to withdraw the money.
“As payee of the cheque, ini-honor na po namin ‘yun,” Camposano said.
During the intervention of Senator-Judge Bam Aquino, Camposano was asked whether all unusual transactions observed by the bank are reported to the AMLA.
“Hindi lahat ng unusual transactions ay nire-report namin as suspicious,” she said.
During the intervention of Senator-Judge Robin Padilla, Camposano said that although the DepEd withdrawals were unusual, they were not considered suspicious.
The second witness, Camposano is excused from the witness stand.
Presiding Officer Francis “Chiz” Escudero agrees to hold a caucus and says the impeachment trial on August 3 will begin at 10 a.m.
The trial is adjourned.
