'Scam ito': Kapunan says on alleged OVP fund misuse at impeachment trial

MANILA, Philippines — Prosecution counsel Lorna Kapunan characterized the alleged mishandling of public funds as an outright scam before the impeachment court trying Vice President Sara Duterte.

In her cross-examination of state auditor Roderick Wamil on Tuesday, August 4, Kapunan asked the witness whether the presumption of personal benefit applied to the unliquidated disbursements of the Office of the Vice President.

Wamil affirmed, citing a Commission on Audit circular stating that an "accountable officer's" failure to liquidate funds upon demand is prima facie evidence of misuse, and confirmed that Duterte qualifies as an accountable officer.

He said that, as head of the agency, the vice president — who served as education secretary — qualifies as an accountable officer responsible for overseeing confidential funds and ensuring full compliance.

"Ang ibig sabihin po ng prima facie evidence under 8.3 ay nagkaroon po ng presumption na ginamit 'yung funds for the personal use and benefit of the accountable officers," Wamil said.

(What prima facie evidence under 8.3 means is that there is a presumption that the funds were used for the personal use and benefit of the accountable officers.)

In response, the defense, through Michael Poa, repeatedly raised objections, arguing that the line of questioning called for a legal conclusion on matters still pending before the court.

When the court sustained the objection, Kapunan said: “Hindi prima facie evidence kung akong tatanungin. Scam ito!"

(If I were asked, this is not prima facie evidence. This is a scam!)

Poa immediately countered by moving to strike the comment, calling it "out of order."

The court granted the motion to strike Kapunan's remark from the official trial record before adjourning for the lunch break.

Wamil is the third witness under Article II of the Articles of Impeachment, which tackles the confidential funds of the Department of Education and the Office of the Vice President.

Wamil is expected to return on August 5 for the interpellation of the senator-judges.