The House prosecution team is prepared to ask the Senate, sitting as an Impeachment Court, to order explanations and apply legal sanctions if former Special Disbursing Officers (SDOs) linked to Vice President Sara Duterte refuse to testify during the trial.
During a virtual press briefing on Monday, prosecution panel spokesperson Atty. Benjamin Tolosa Jr. confirmed that former SDOs Gina Acosta and Edward Fajarda have not yet clarified whether they will participate in the proceedings.
“We have not received any word from them as to whether or not they will appear in court,” Tolosa stated.
Tolosa outlined that the initial step following a missed appearance would be requesting a court directive to demand a justification.
“Ang susunod diyan, we’ll probably ask the court to issue a show-cause order to these people para mabigyan sila ng pagkakataon to explain bakit hindi sila humarap,” he explained.
He warned that failure to present a valid excuse could prompt stronger measures.
“Kung hindi sila nakapagbigay ng sufficient justification, the court will probably cite them in contempt to compel their attendance,” Tolosa added.
The prosecution emphasized that securing the witnesses’ sworn testimonies remains essential to the proceedings.
“Kung hindi nila susundan ang na-issue na subpoena ng impeachment court, then we’ll avail of the appropriate remedies under the law para masigurado na ma-compel silang to attend and testify,” he noted.
Acosta formerly handled disbursing duties for the Office of the Vice President (OVP), while Fajarda managed disbursing operations for the Department of Education (DepEd).
Prior testimony from Land Bank of the Philippines former branch managers revealed that Acosta encashed four OVP checks totaling ₱500 million (₱125 million each), while Fajarda encashed three DepEd checks amounting to ₱112.5 million (₱37.5 million each). Combined, the ₱612.5 million in encashed funds accounted for confidential funds under Duterte’s administration.
House Deputy Speaker and Iloilo 1st District Representative Janette Garin noted that both former officials had previously been spotted attending the trial as observers.
“I saw them more than four times na nandun sila na nanonood,” Garin said.
The prosecution expects both witnesses to clarify how the ₱612.5 million was handled following the encashment of the checks.