Defense team firm: No misuse of confidential funds

MANILA, Philippines — The defense team is standing firm that there was no misuse of the P612.5-million confidential funds for Vice President Sara Duterte as the Senate impeachment trial against her marked Day 15 yesterday.

“With the prosecution and defense presenting its evidence later on, you’ll also get a better picture of what our defenses really are, what are the real reasons why we say that there was no misuse… of confidential funds. So let’s just wait,” defense counsel Michael Poa said.

Poa defended the use of confidential funds for a Christmas party and a tree-planting activity following the testimony of prosecution witness Commission on Audit (COA) supervising auditor Xylene Mae del Campo.

“Apparently, confidential funds were not used for that event, but for those activities to maintain or prepare – not prepare, but to secure those events. In due time, we’ll have to address that also, to see what exactly is the use of confidential funds and what is the scope of (how) it was used,” Poa added.

The Office of the Vice President (OVP) has been ordered to return to the government P448.287 million in disallowed confidential funds.

Del Campo, of the COA-Intelligence and Confidential Funds Audit Office, said Duterte was among those to be held accountable for the disallowed funds, as head of the OVP.

The P448.287 million represents the P73.287 million that was disallowed from the OVP’s P125-million confidential fund in December 2022 and P375 million in cash advances released during the first three quarters of 2023.

The OVP funds form part of the P612.5 million in confidential funds at the center of Article I (misuse of confidential funds) of the impeachment case against Duterte.

House prosecutors have accused Duterte of misusing P500 million released to the OVP from December 2022 to September 2023 and another P112.5 million released to the Department of Education in 2023 when she was DepEd secretary.

The COA affirmed the disallowance on April 10 this year. The OVP filed a motion for reconsideration in May, which remains pending.

The COA issued another Notice of Disallowance (ND) on March 31, 2026, covering the entire P375 million in confidential funds released to the OVP during the first three quarters of 2023.

No mention

The defense said that the ND issued by the COA on Duterte’s confidential funds did not indicate misuse of funds, corruption and misappropriation.

During cross-examination of Del Campo, defense counsel Kristine Ferrer tried to establish that there were no irregularities in the use of the P612.5-million confidential funds of the OVP and DepEd.

“Is there a word of misuse of funds? Is it a ground for disallowance? If you go over the ND,” Ferrer asked.

“There is no misuse of funds but…” Del Campo replied before she was cut off mid-sentence by Ferrer.

“I’ll ask you later if I have questions on that,” Ferrer said.

“So, there is nothing there. How about the word corruption?” Ferrer asked.

Del Campo said based on the wording of the notice of disallowance, there was no mention of “corruption.”

“OK. How about misappropriation? Is there anything written there?” Ferrer asked.

“The word itself is not here but…” Del Campo said. Ferrer cut Del Campo anew, saying “that’s my only question.”

Ferrer said Del Campo reviewed a total of 3,647 acknowledgement receipts – 1,823 for the OVP and 1,824 for DepEd.

Palace: No hand in DOJ case

Malacañang denied having a hand in the Department of Justice (DOJ)’s filing of a case of grave threats against the Vice President.

Palace press officer Claire Castro said President Marcos is focused on his work and would not waste his time on people “who do nothing and contribute nothing.”

“The President is not focusing on the Vice President. So, if she was charged, don’t blame the President because it’s her own doing,” Castro said over radio dzBB.

The DOJ on Tuesday confirmed the filing of the case against Duterte before the Quezon City Regional Trial Court.

The case is in violation of Article 282 of the Revised Penal Code, in relation to Section 6 of Republic Act 10175 or the Cybercrime Prevention Act.

Asked about her views as a lawyer, Castro said criminal prosecution can proceed concurrently against an impeachable official while an impeachment trial is ongoing.

Castro clarified that the Vice President is not immune from lawsuits. “Charges can be filed against her,” she said.

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