The Senate impeachment court resumes the 15th day of the impeachment trial of Vice President Sara Duterte, with proceedings continuing to focus on Article I of the Articles of Impeachment, which centers on the alleged misuse and misappropriation of confidential funds.
The defense panel continues its cross-examination of Xylene Del Campo, a state auditor from the Commission on Audit's Intelligence and Confidential Funds Audit Office. Del Campo, who previously testified on the audit of the Office of the Vice President's confidential funds, is expected to answer further questions from the defense.
After the cross-examination, senator-judges may pose clarificatory questions to the witness before the impeachment court determines the next course of the proceedings, including the possible presentation of additional prosecution witnesses.
The day's hearing is expected to further examine the handling, liquidation, and documentation of confidential funds as both the prosecution and defense continue presenting their arguments under the first article of impeachment.
Impeachment trial begins
The Senate impeachment court formally opens the 15th day of the impeachment trial of Vice President Sara Duterte on Wednesday, August 12, with 18 senator-judges in attendance.
Senator-judge Erwin Tulfo leads the opening prayer, asking God to grant senators clear minds, clean consciences, and steadfast principles. He also prays that the impeachment court's judgment will be fair and impartial throughout the proceedings.
Defense begins cross-examination of former COA auditor
The defense team of Vice President Sara Duterte begins its cross-examination of former Commission on Audit (COA) State Auditor Xylene Del Campo in connection with Article I of the Articles of Impeachment, which centers on the alleged misuse of confidential funds.
Defense counsel Atty. Kristine Ferrer leads the questioning as the Senate impeachment court resumes the 15th day of the impeachment trial. The cross-examination focuses on Del Campo's audit findings and role in reviewing the confidential funds of the Office of the Vice President and the Department of Education.
Tensions mark start of 15th day of impeachment trial
Tensions briefly arise between the prosecution and defense at the opening of the 15th day of Vice President Sara Duterte's impeachment trial as defense counsel Atty. Kristine Ferrer cross-examines Commission on Audit witness Xylene Mae Del Campo.
Ferrer asks the court to allow her to continue her line of questioning after private prosecutor Atty. Lorna Kapunan repeatedly objects, saying the question has already been "asked and answered." The exchange centers on whether a specific Commission on Audit memorandum assigned Del Campo to audit the confidential funds of the Office of the Vice President and the Department of Education.
Prosecution objects to defense's presentation of documents
House private prosecutor Atty. Lorna Kapunan raises a continuing objection to the defense's presentation of documents that she says were neither identified nor authenticated by the witness during the impeachment trial of Vice President Sara Duterte.
Kapunan argues that the defense should instead use the Audit Observation Memorandums (AOMs) that have already been identified and marked as prosecution exhibits. The objection is raised during the defense's cross-examination of former Commission on Audit State Auditor Xylene Del Campo.
Defense cites OVP intelligence reports during cross-examination
The defense continues its cross-examination by citing details from the Protective Intelligence Operations Reports submitted by the Office of the Vice President. Former Commission on Audit (COA) State Auditor Xylene Del Campo confirms that the reports include threat assessments, profiling, and the deployment of intelligence operatives.
However, she maintains that the documents are insufficient to establish the actual results or success of the reported intelligence activities.
COA auditor questions proof of information-gathering success
Former Commission on Audit (COA) State Auditor Xylene Del Campo testifies that the Protective Intelligence Operations Reports (PIOR) and certifications submitted by the Office of the Vice President are insufficient to prove the success of its information-gathering activities.
She makes the statement in response to questions from defense counsel Atty. Kristine Ferrer regarding reports covering the first three quarters of 2023.
Earlier, House private prosecutor Atty. Lorna Kapunan objects to the line of questioning, arguing that it pertains to intelligence funds rather than the confidential funds at issue in the impeachment trial.
Defense questions nature of OVP activities
Defense counsel Atty. Kristine Ferrer questions former Commission on Audit State Auditor Xylene Del Campo on whether certain activities conducted during Vice President Sara Duterte's engagements in the first quarter of 2023 constitute protective intelligence operations or routine administrative work of the Office of the Vice President.
The discussion centers on the use of confidential funds for the profiling and security tagging of participants at an event attended by the vice president. Del Campo is asked to clarify whether such activities fall within the scope of intelligence-related operations.
Kapunan reminds defense trial centers on confidential funds
House private prosecutor Atty. Lorna Kapunan objects after defense counsel Atty. Kristine Ferrer repeatedly refers to "intelligence funds" during the 15th day of Vice President Sara Duterte's impeachment trial. Kapunan emphasizes that the proceedings concern confidential funds, prompting Ferrer to immediately revise her question.
The exchange takes place during the defense's cross-examination of former Commission on Audit State Auditor Xylene Del Campo.
Kapunan draws laughter with remark
House private prosecutor Atty. Lorna Kapunan draws laughter in the Senate impeachment court after joking, "It might sound like a eulogy, Your Honor. I'm still very much alive," in response to defense counsel Atty. Kristine Ferrer's remarks expressing admiration and calling her one of her idols.
The exchange takes place during Ferrer's cross-examination of Commission on Audit State Auditor Xylene Del Campo. The proceedings then resume with questions on the proof of success of information-gathering and surveillance activities under Joint Memorandum Circular 2015-01.
Kapunan, Ferrer clash again
Tensions rise once more between House private prosecutor Atty. Lorna Kapunan and defense counsel Atty. Kristine Ferrer over the scope of cross-examination.
Presiding officer Sen. Chiz Escudero intervenes to ease the exchange, urging both counsels to lower the tension in the courtroom.
Kapunan then draws laughter after joking that she is "preventing myself from giving her a spanking" in reference to their "generational divide."
Kapunan agrees to refrain from lecturing defense counsel
House private prosecutor Atty. Lorna Kapunan says she will "refrain from lecturing" defense counsel Atty. Kristine Ferrer after the latter asks the impeachment court to stop the prosecution from making arguments that could influence the witness's answers during cross-examination.
Presiding officer Sen. Chiz Escudero urges both counsels to avoid further tension, describing their repeated exchanges as part of a "generational divide." Kapunan then tells the court she accepts Ferrer's request and will refrain from lecturing her.
Kapunan questions defense's hypothetical line of questioning
House private prosecutor Atty. Lorna Kapunan objects to what she describes as a hypothetical line of questioning by defense counsel Atty. Kristine Ferrer.
Kapunan argues that pursuing hypothetical scenarios could unnecessarily prolong the proceedings, but Presiding Officer Sen. Chiz Escudero allows Ferrer some leeway to continue her questioning.
The exchange takes place as the defense presents a hypothetical confidential transaction and the information typically reflected in an official receipt.
Impeachment trial breaks for lunch
The Senate impeachment court temporarily suspends the 15th day of the impeachment trial of Vice President Sara Duterte for its lunch break on Wednesday, August 12.
Proceedings are scheduled to resume at 1:00 p.m. as the defense continues its cross-examination of former Commission on Audit State Auditor Xylene Del Campo.
Defense questions whether unusual names prove fictitious recipients
Defense counsel Atty. Kristine Ferrer asks former Commission on Audit Intelligence and Confidential Funds Audit Office Supervising Auditor Xylene Mae Del Campo whether an unusual or "funny" name automatically means a recipient is fictitious, referring to acknowledgment receipts presented during the impeachment trial.
House private prosecutor Atty. Lorna Kapunan objects, arguing that the question is misleading and stressing that the receipts were presented to show how the confidential funds were used, not because of the names listed. The exchange takes place during the 15th day of Vice President Sara Duterte's impeachment trial.
Kapunan calls defense questioning a waste of court's time
House private prosecutor Atty. Lorna Kapunan criticizes defense counsel Atty. Kristine Ferrer's line of questioning during the cross-examination of former Commission on Audit State Auditor Xylene Del Campo, calling it "an absolute waste of time" for the impeachment court.
Kapunan argues that the questions relate to the testimony of former COA auditor Roderick Wamil, who is no longer on the witness stand and could have been asked those matters earlier. Ferrer responds that she will not pursue one of the questions raised by Kapunan as the exchange unfolds on the 15th day of Vice President Sara Duterte's impeachment trial.
Kapunan expresses frustration over defense's cross-examination
House private prosecutor Atty. Lorna Kapunan voices her frustration over the defense's cross-examination of a Commission on Audit witness during the 15th day of Vice President Sara Duterte's impeachment trial.
Kapunan says she has "been patient" but argues that the questioning has gone beyond the proper scope of cross-examination, including suggestions that COA witnesses may be influenced by budget concerns or lawmakers. She urges the impeachment court to require the defense to confine its questions to matters directly related to cross-examination.
Padilla opens remarks by noting shared Baguio roots with witness
Senator-judge Robin Padilla begins his interpellation by telling former Commission on Audit State Auditor Xylene Del Campo that he will not make things difficult for her after learning they both have ties to Baguio City and are alumni of Saint Louis University.
Padilla then shifts to discussing Vice President Sara Duterte's tenure as Davao City mayor from 2016 to 2022 and raises the issue of terrorism in the city before proceeding with his questions. The exchange takes place during the 15th day of Duterte's impeachment trial.
Padilla questions COA witness on terrorism in Davao
Senator-judge Robin Padilla questions former Commission on Audit State Auditor Xylene Del Campo about alleged terrorism-related issues in Davao City during Vice President Sara Duterte's tenure as mayor on the 15th day of the impeachment trial.
Padilla asks whether she is aware of reports involving alleged terrorist infiltration of Lumad schools and statistics on minors among New People's Army surrenderers. Del Campo repeatedly responds that she is not aware of the matters raised before Padilla's allotted interpellation time expires.
Bam Aquino raises anti-alias law during impeachment trial
Senator-judge Bam Aquino asks former Commission on Audit State Auditor Xylene Del Campo whether she is aware of Republic Act No. 6085, the law prohibiting the use of aliases.
Del Campo replies that she is not very familiar with the law. Aquino says he wants to determine whether the anti-alias law is relevant to issues involving confidential and intelligence funds before his allotted interpellation time expires.
COA auditor says confidential fund spending was irregular
Senator-judge Risa Hontiveros asks Commission on Audit-Intelligence and Confidential Funds Audit Office Auditor Xylene Mae Del Campo whether she flagged the Office of the Vice President's and Department of Education's spending of hundreds of millions of pesos in a single day.
Del Campo says the expenditures were "irregular" because they did not comply with the Joint Circular governing the use of confidential funds. She explains that payments of rewards lacked documents proving the success of operations, while purchases of medical and food aid were not supported by sufficient evidence.
Lacson questions COA audit team's failure to inspect vault
Senator-judge Ping Lacson says the Commission on Audit’s Intelligence and Confidential Funds Audit Office did not do enough to verify documents related to Vice President Sara Duterte’s confidential and intelligence funds. He argues that the audit team should have sought to inspect the vault containing the records, particularly after raising concerns over the use of aliases.
State auditor Xylene Del Campo replies that such an inspection requires authorization from the COA chairperson, confirming that no authority had been secured to inspect the vault.
Defense questions prosecutor's social media post during trial
Lead Defense Counsel Atty. Shiela Sison criticizes a social media post by House Prosecutor Counsel Amando Ligutan, saying it is improper to comment publicly on issues being discussed.
Sison argues that the impeachment court is "a court of decorum" and that participants are prohibited from commenting on the merits of the case while proceedings are ongoing. The issue stems from Ligutan's post asserting that misleading questions are not allowed even during cross-examination.
Escudero to issue ruling on alleged Rule 18 violations
Presiding Officer Sen. Chiz Escudero says he is drafting a ruling, warning, and order over alleged violations of Rule 18 of the impeachment rules, which prohibits prosecutors, counsels, senator-judges, and the presiding officer from making public comments on the merits of the case.
The move follows the defense's complaint against a social media post by House Prosecutor Counsel Amando Ligutan during Vice President Sara Duterte's impeachment trial. Escudero says he will announce his ruling next week, adding that "one side has been crossing the line many, many times."
Impeachment trial adjourns until August 17
The Senate impeachment court formally adjourns the 15th day of the impeachment trial of Vice President Sara Duterte
Proceedings are scheduled to resume on Monday, August 17, as the impeachment court continues hearing the case.
