Manila: The defense's attempt to categorize activities outlined in the Office of the Vice President (OVP) reports as intelligence or surveillance work does not conclusively prove that expenditures from the confidential fund were adequately justified under audit regulations, according to counsel for the House prosecutors, Lorna Kapunan. This was highlighted during Wednesday's proceedings.
According to Philippines News Agency, during the cross-examination of Commission on Audit witness Xylene Mae del Campo, defense counsel lawyer Kristine Ferrer presented protective intelligence operations reports that were submitted with the OVP's responses to audit observations for the first three quarters of 2023. Ferrer questioned Del Campo about various listed activities such as coordination with police and military intelligence operatives, threat assessment, surveillance of venues, profiling of participants, and deployment of informants along the Vice President's routes.
Ferrer challenged the categorization by stating, "Tingnan natin isa-isa kung ito ba talagang intelligence work o hindi, (Let's look if these are really intelligence work or not)," before delving into the entries. Del Campo conceded that several activities described could fall under intelligence gathering, surveillance, or confidential work.
Kapunan objected, emphasizing that the impeachment article and the witness's audit testimony were concerned with the OVP's use of confidential funds, rather than intelligence funds. "We are not talking about intelligence funds. We're talking about confidential funds," Kapunan stated. "All the questions referred to intelligence funds, when the topic today is confidential funds."
When queried about why the expenses were still disallowed despite the protective intelligence operations reports (PIOR) and certifications submitted by the OVP, Del Campo asserted that the documents did not adequately prove the success required for the questioned payments of rewards. "Hindi po sufficient iyong PIOR and certification na evidence na nagpapakita ng success ng information gathering (The PIOR and certification are not sufficient evidence to show the success of the information gathering)," Del Campo testified.
The defense further probed if successful surveillance that thwarted an incident could itself demonstrate operational success. Kapunan objected to this hypothetical question, but Presiding Officer Francis 'Chiz' Escudero permitted the inquiry to proceed, noting the reports indicated no untoward incidents had occurred. Del Campo clarified that payments for information were not disallowed, whereas payments of rewards necessitated proof of success.
Amidst growing tension, Escudero reminded both legal teams of their professional responsibilities and urged against letting a perceived generational divide exacerbate courtroom tension. Kapunan humorously responded, "I am preventing myself from giving her a spanking, Your Honor." After another call for restraint from Escudero, Kapunan promised, "I promise to henceforth behave."
The House prosecution called Del Campo to testify as part of their evidence presentation in the impeachment case against Duterte, which involves allegations of misuse of confidential funds.
