Defense counsel for Vice President Sara Duterte pressed a Commission on Audit (COA) witness on Wednesday, August 12, over intelligence and surveillance activities cited by the Office of the Vice President (OVP).

During the impeachment trial, defense counsel Kristine Ferrer presented COA-Intelligence and Confidential Funds Audit Office (COA-ICFAO) State Auditor Xylene del Campo as a witness in the proceedings concerning the alleged misuse of confidential funds by Duterte.

Del Campo was presented with Protective Intelligence Operations Reports (PIORs) documenting Duterte’s engagements and related intelligence activities for the first through third quarters of 2023.

Del Campo acknowledged that the activities listed in the reports were related to intelligence gathering, including liaising with intelligence operatives, profiling participants, intelligence fusion for threat assessment and situation updates, and final briefings for intelligence personnel and informants.

Ferrer also presented a certification issued by Col. Raymund Dante Lachica of the Vice Presidential Security and Protection Group detailing surveillance and information-gathering activities.

Del Campo, however, maintained that the documents did not sufficiently establish the success of the intelligence activities.

She said other offices audited by COA had submitted documents showing that reward payments were linked to successful operations, including the apprehension of individuals.

Ferrer pointed out that the OVP had submitted PIORs covering the first, second, and third quarters of 2023, yet Del Campo still issued a Notice of Disallowance (NOD).

The defense lawyer also questioned Del Campo about the requirements under Joint Circular 2015-01, particularly whether the rules require an apprehension as proof of success before a reward payment may be considered valid.

Ferrer asked Del Campo whether Joint Circular 2015-01 explicitly allows a Notice of Disallowance to be issued for alleged violations without first issuing a Notice of Suspension.

Del Campo said an NOD may be issued in cases involving illegal or irregular disbursements but acknowledged that the joint circular does not explicitly provide for such a procedure.

The exchange formed part of Ferrer’s broader effort to challenge the audit findings involving the OVP’s intelligence-related expenditures and the documentary requirements used by COA to determine whether the payments were properly supported.

The proceedings also became tense when Ferrer and prosecution counsel Atty. Lorna Kapunan clashed over the use of defense documents during cross-examination.

Kapunan objected to Ferrer’s presentation of documents that had not been identified by the witness, saying the prosecution would maintain a continuing objection.

“The counsel cannot dictate how I will proceed with my cross-examination,” Ferrer said in response.

Presiding Officer Senator Chiz Escudero ultimately allowed the defense to use its documents.

The exchange intensified as Ferrer pressed Del Campo to answer questions directly while Kapunan objected to the manner of questioning.

Kapunan argued that not all questions could be answered with a simple yes or no and cautioned against misleading questions.

Escudero then urged both sides to keep tensions from escalating, referring to what he described as a “generational divide” between the lawyers.

Kapunan later quipped that she was “preventing myself from giving her a spanking,” prompting another light exchange between the counsels.

“I have high respect for Atty. Kapunan. In fact, she is one of my idols,” Ferrer said.

Kapunan responded: “Let’s end here. It might sound like a eulogy, your honor. I’m still very much alive.”

The Senate impeachment court is hearing the case against Duterte, with the defense continuing to challenge the prosecution’s evidence and the findings related to the OVP’s use of confidential and intelligence funds.