Private prosecutor Atty. Lorna Kapunan stood by her remark describing the use of confidential funds by the Office of the Vice President (OVP) and the Department of Education (DepEd) under Vice President Sara Duterte as a “scam,” despite the defense’s motion to strike the statement from the record.

In an ambush interview on Tuesday, August 4, Kapunan reiterated her statement after the hearing, saying the public was the one allegedly being "scammed" or deceived by the questionable use of the funds.

She likened Duterte’s use of the ₱612.5 million confidential funds to a child misusing a parent’s money for personal expenses.

“Pag paulit-ulit-ulit ‘yan at hindi mo ginamit ang pera na sinabi mong gagamitin, eh ang tawag doon scam. Pero ang ini-iscam ngayon hindi nanay, ang ini-iscam, ang taong-bayan,” Kapunan said.

“Ang worth ng scam na ‘yan ay ₱612 million kaya maski tinanggal sa record ay gusto ko lang sabihin ‘yon kasi syempre para maintindihan natin,” Kapunan told reporters.

Kapunan also pointed to names appearing in acknowledgment receipts submitted by the OVP, including “Mary Grace Piattos” and “Andy Lim,” as among the entries that raised questions over the spending of the confidential funds.

Minutes before facing the media in an ambush interview, Kapunan made the remark during the impeachment trial, after questioning former Commission on Audit–Intelligence and Confidential Funds Audit Office (COA-ICFAO) state auditor Roderick Wamil about the lack of supporting documents for the reported disbursement of confidential funds.

During the direct examination, Kapunan asked Wamil what the presumption would be if an accountable officer failed to explain the use of public funds, including confidential funds.

“You said here, ‘pag hindi na-explain ng isang accountable officer ang paggamit ng public funds tulad ng confidential funds, mayroong tinatawag na prima facie evidence. Anong tawag doon, presumption?” Kapunan asked.

Wamil replied, “Presumption na 'yung fund po ay na-convert into personal use or benefit.”

“Ang tawag ko lang doon, hindi prima facie evidence. Kung ako ang tatanungin, scam ito,” Kapunan said.

Defense counsel Atty. Michael Poa immediately objected and moved to strike the statement from the record.

“Move to strike! That is out of order!” Poa said.

Presiding Officer Senator Francis “Chiz” Escudero sustained the defense’s motion, removing Kapunan’s “scam” remark from the official record.

The Senate impeachment court concluded the direct examination of Wamil.