House prosecution panel "layman" spokesperson Lanao del Sur 1st district Rep. Zia Alonto Adiong used simple math to illustrate the scale of Vice President Sara Duterte's alleged misuse of the Office of the Vice President's (OVP) confidential funds.

Adiong was referring to the P125 million in confidential funds that were spent by the OVP in just 11 days in December 2022.

"Nung natapos na nilang gastusin in 11 days, by the way, kung i-quantify natin yung 11 days, P473,000 every hour ang nagagastos, para ma-consume, in 11 days, ang P125 million, ganun kabilis at kalaki yung paggasto ng P125 million in 11 days," Adiong said in an online interview.

(But when they finished spending it in 11 days, by the way, if we quantify those 11 days, they were spending P473,000 every hour to consume the P125 million in 11 days. That is how fast and how large the spending of P125 million was in 11 days.)

"Not mentioning the fact na in 11 days na yan, merong mga holidays diyan,” he noted, adding a punchline to the already absurd average. 

(Not mentioning the fact that there were holidays during those 11 days.)

The OVP received the P125-million cash advance in December 2022 and reported utilizing the entire amount from Dec. 21 to Dec. 31, a period that state auditor Roderick Wamil earlier flagged during his testimony because the allocation was intended for the fourth quarter.

The prosecution has also questioned an OVP explanation referring to obligations that had already been incurred before the money was released, arguing that this sits uneasily with the treatment of confidential funds as cash advances governed by specific rules on utilization.

“Ang confidential funds nga is, ano 'yan cash advance 'yan. Why would you reimburse something that have already been implemented from the confidential funds, which is actually is intended for specific purpose, guided by a specific criteria on how you handle that, bawal 'yun,” Adiong said.

(Confidential funds are cash advances. Why would you reimburse something that had already been implemented using confidential funds, which are actually intended for a specific purpose and guided by specific criteria on how they should be handled? That is prohibited.)

Beyond the speed of the spending, prosecutors have questioned whether the geographic reach reflected in the records could realistically have been accomplished within the same compressed period.

“Meron pang pag-distribute nung confidential funds in 11 days, 134 areas all over the country in one day, so paano mo mate-testify 'yun?” asked the assistant majority leader from Mindanao.

(There was also the distribution of the confidential funds in 11 days, covering 134 areas all over the country in one day, so how can you testify to that?)

The 11-day expenditure has become one of the central factual issues under article I of the articles of impeachment as the prosecution traces how the first P125-million confidential-fund tranche was requested, withdrawn, distributed and eventually liquidated.

Adiong says the prosecution is placing particular weight on contemporaneous official records because they provide fixed reference points against which subsequent explanations from OVP officials can be measured.

“Whatever testimony that they would give to the court, whatever narrative that they would provide to the court, still we go back to the documents, the official documents, at hindi nagsisinungaling yung official documents, at hindi nagsisinungaling yung figures na nagre-reflect doon sa official documents, as compared to Colonel Lachica, wala siyang pinirmahan,” Adiong said.

(Whatever testimony that they would give to the court, whatever narrative they provide to the court, we still go back to the official documents. Official documents do not lie, and neither do the figures reflected in those official documents, unlike Colonel Lachica, who did not sign anything.)

The prosecution’s concerns also extend to the rules governing who may handle and account for confidential funds, with Adiong arguing that an alleged breach of basic safeguards could have implications beyond accounting procedures.

“Can we trust the Vice President with the resources of the government, knowing that the policy, a very basic policy, hindi pa niya masunod given the fact na she is a lawyer and she has been using confidential funds for over three years now?" Adiong said of the impeachment trial respondent.

(Can we trust the Vice President with the resources of the government, knowing that she cannot even follow a very basic policy, given that she is a lawyer and has been using confidential funds for over three years now?)

Joint Circular (JC) No. 2015-01 requires the head of an agency to oversee the use of confidential funds, maintain effective internal controls, approve cash advances and liquidation reports, and ensure compliance with the rules. The designated special disbursing officer (SDO), meanwhile, is responsible for actually disbursing and accounting for the funds.

Adiong argued that Duterte’s previous experience with confidential funds as Davao City mayor makes the alleged departure from those rules at the OVP particularly relevant in assessing accountability.

“Pero the mere fact na maski 'yung simpleng joint circular na alam mo namang may joint circular, kasi naging mayor ka, at saka gumagamit ka na ng confidential funds before ka pa naging Bise Presidente, tapos viniolate mo ito very simple lang na policy, hindi mo finallow, tapos nag-utos ka pa ng tao para i-disregard ito at i-violate ito,” Adiong said.

(But the mere fact that you did not follow even this simple joint circular, which you knew existed because you had been a mayor and had already been using confidential funds before becoming Vice President, and then you violated this very simple policy and even instructed someone to disregard and violate it.)

Former OVP SDO Gina Acosta testified that Duterte instructed her to turn over the confidential-fund cash to Lachica despite Acosta being the designated bonded officer accountable for the funds--an arrangement prosecutors contend violated the governing circular.

For Adiong, that alleged departure from a basic safeguard raises a leadership question extending beyond the mechanics of accounting because the impeachment charge asks whether or not Duterte betrayed the public trust attached to her office.

Adiong said the prosecution therefore intends to have the senator-judges assess the confidential-fund transactions against the standard of responsibility expected from an official entrusted with public money and constitutional power.

“So that alone proves na meron talagang culpable violation of the Constitution, because ang sinabi naman sa Constitution, public office is a public trust. So how can you be trusted with the mandate you have given by the people, kung yung simpleng polisiya ng paggamit ng confidential funds ay binaliwala mo?” he noted.

(So that alone proves that there really was a culpable violation of the Constitution, because the Constitution says public office is a public trust. So how can you be trusted with the mandate given to you by the people if you disregarded the simple policy governing the use of confidential funds?)