The Senate Impeachment Court on Monday, August 17 declared Vice President Sara Duterte’s special disbursement officer at the Office of the Vice President, Gina Acosta, the first hostile witness in the trial over the alleged misuse of confidential funds.

Presiding Officer Senator Francis “Chiz” Escudero granted the House prosecution panel’s motion after questioning Acosta about her current position at the OVP and her employment relationship with Duterte.

Currently, Acosta said she works for Duterte and currently holds a co-terminous position as Vice Presidential Staff Officer VI. Acosta is the first witness formally declared hostile in Duterte’s impeachment trial.

When asked by the Presiding Officer if she stands to lose her OVP post should her boss is impeached or removed from office, Acosta replied in the affirmative.

“Wala na po akong trabaho sa OVP (I’d lose my job at the OVP),” Acosta told the Court.

To this, Escudero then, formally declared Acosta a hostile witness, citing both her employment circumstances and the position she took in a counter-affidavit filed before the Office of the Ombudsman.

“In addition to the ground raised by Atty. (Amando) Ligutan that the witness has taken a position by virtue of her counter-affidavit filed before the Office of the Ombudsman, the court hereby declares the witness to be a hostile witness under and in accordance with Rule 132, Section 13,” Escudero ruled.

Escudero then affirmed that Ligutan can ask Acosta leading questions during her examination. However, he said misleading questions remain prohibited.

Ligutan sought the declaration after presenting Acosta’s counter-affidavit in a complaint involving the alleged misuse of confidential funds, arguing that Acosta’s position in the counter-affidavit was directly adverse to the prosecution’s case against Duterte.

He said Acosta maintained in her counter-affidavit that Duterte complied with the rules governing confidential funds and should not be held liable for their alleged misuse.

The defense opposed the prosecution’s motion, pointing out that Acosta’s adverse interest should first be established through her examination and that the pendency of a complaint against her did not by itself make her hostile to the prosecution.

The defense stipulated that Acosta served as the OVP’s special disbursing officer in 2022 and 2023. Acosta also confirmed during questioning that she handled confidential funds in that capacity.

But Escudero rejected the defense argument and allowed Ligutan to proceed with Acosta as a hostile witness.

The House prosecution panel has been trying to establish it was Acosta whom Duterte instructed to encash the P500-million in confidential funds in four tranches and turn over the cash to OVP security officer, Col. Raymund Lachica.

According to the prosecution, the P500-million was not properly liquidated and the disbursement violated provisions of Joint Circular No. 2015-01 governing the use of confidential and intelligence funds (CIFs).