By Brian Campued and Dean Aubrey Caratiquet
Last week, the Senate Impeachment Court finished hearing Article IV of the Articles of Impeachment against Vice President Sara Duterte, where the House prosecution panel presented witnesses from the National Bureau of Investigation (NBI)—Senior Agent John Mark Calilung, BARMM Regional Director Jeremy Lotoc, and Director Melvin Matibag—to testify on the Vice President’s alleged grave threats to President Ferdinand R. Marcos Jr., First Lady Liza Araneta-Marcos, and former Speaker Martin Romualdez.
On Wednesday, July 29, the court commenced the hearing of Article I with the presentation of two former LandBank branch managers—Violeta Constantino (Shaw Boulevard branch) and Nenita Camposano (DepEd branch)—to tackle Duterte’s alleged misuse, irregular liquidation, and misappropriation of confidential funds.
Here are the highlights of today’s trial:
- In her opening statement for Article I, House Prosecutor Rep. Leila de Lima said that while the budget is intended for confidential operations, it does not exempt the officials handling the public funds from the “demands of transparency, scrutiny, and accountability.”
Rep. De Lima: “Ang confidentiality ay para protektahan ang lehitimong operasyon at informant, hindi ito pahintulot para mag-imbento ng pangalan at dokumento. Hindi ito palusot para ibulsa ang pera. Kung confidential ang pondo, lalo pa ngang mataas ang pananagutang kaakibat nito.
The constitution entrusts this court with the solemn duty to determine whether the respondent Vice President committed culpable violations of the Constitution, graft and corruption, and betrayal of public trust. The evidence will show that she did.”
- Counsel for the respondent Atty. Michael Poa raised an objection to the opening statement of De Lima. Presiding Officer Francis Escudero reiterated his reminder to the counsels to avoid conclusions of fact and law.
Due to the continuing objection of the defense, Escudero stopped De Lima and ordered the prosecution to present its first witness.
- House Prosecutor Rep. Joel Chua called to the witness stand Violeta Constantino, who served as department manager of LandBank Shaw Boulevard branch from May 2017 until her retirement in January 2024.
Constantino said she facilitated the encashment of four checks payable to OVP Special Disbursing Officer Gina Acosta amounting to P125M each. The checks were personally encashed by Acosta on Dec. 30, 2022; Feb. 6, 2023; April 25, 2023; and July 14, 2023.
The defense, meanwhile, did not question the authenticity of the four subject checks.
- Constantino explained that bank policy mandates all negotiated checks have a retention period of 1 year before being shredded; thus, only the certified true copy of the digital copy on file was presented as evidence.
On the process of encashment, Constantino said a liaison officer of the OVP cash department named “Queenie Masangkay” had phone calls with her a day or two prior to the encashment.
The encashed money was then placed into three to four bags containing 125 packs of P1 million each and handed over to Gina Acosta and Lemuel Ortonio, one of the authorized signatories of OVP, inside the Shaw branch’s backroom.
When asked by Rep. Chua on what kind of bag was used, Constantino said: “Isang mahabang, malaking bag po siya, para pong gym bag.”
Constantino added that bank policy prohibits employees and security staff from assisting clients with carrying the encashed money, saying: “Hands off na po ang bangko once na ma-release na po yung physical cash.”
- Defense counsel Atty. Poa said they would not conduct cross-examination of the first witness.
- During their interjections, Senator-judge Erwin Tulfo asked Constantino about the discrepancy in the amounts of money withdrawn by the OVP and the Standard Operating Procedures of LandBank in handling such checks.
Tulfo: “Normal po ba na ganito kalaki ang wini-withdraw ng isang government agency?”
Constantino: “Wala po, unusual po ito.”
- Senator-judge Raffy Tulfo sought clarification about the number of bags used in transporting the encashed money and asked whether the OVP requested cash delivery through armored vehicles.
Constantino: “Wala po kasi kaming memorandum of agreement regarding po sa cash services or cash delivery.”
- Senator-judge Bam Aquino sought clarification on which government transactions are included under the Anti-Money Laundering Act (AMLA), Constantino confirmed that cash transactions above P500,000 are reported in accordance with AMLA requirements.
- During Senator-judge Risa Hontiveros’ interjection, Constantino admitted that in her 32 years at LandBank, she had never encountered a P125-million cash withdrawal.
Asked by Hontiveros what made the cash withdrawal “unusual,” Constantino explained that other clients disburse large amounts by check or online transactions, not cash.
Constantino: “Depende po sa depositor po, kung regular lang sa kanya yung mga ganyang withdrawals or what, it’s usual. Pero kung parang for the first time na-encounter namin that much, unusual po sa amin.”
- Senator-judge Joel Villanueva also asked Constantino about what made her flag the encashment of P125 million as unusual. She said since the withdrawal of P125 million was done four times, then it can be considered a usual transaction.
Constantino: “Kung sunod-sunod naman po, magiging usual transaction na po ‘yun.”
- Upon Senate President Win Gatchalian’s interjection, Constantino said that before the OVP transactions, the largest cash withdrawal she had ever handled was about P500,000.
Gatchalian: “May nakita na ba kayong cash withdrawal from a private company na ganito kalaki, in the hundreds of millions?”
Constantino: “Mostly po mga tseke po ang ini-issue nila.”
On whether the withdrawals were reported to the Anti-Money Laundering Council, Constantino said that LandBank is compliant with reporting requirements.
- Senator-judge Kiko Pangilinan asked Constantino why Queenie Masangkay arranged the withdrawals while Gina Acosta was the payee who encashed the checks.
Constantino: “Wala po kong idea. It’s under the agency po kung sino pong gusto nilang gawing payee.”
- The prosecution then presented Nenita Camposano, who served as LandBank DepEd Branch Manager from May 2022 to September 2024.
The LandBank DepEd Branch processed encashment of three checks worth P37.5 million each, payable to Edward Fajarda, special disbursing officer of DepEd.
The three checks in question were personally encashed by Fajarda on Feb. 22, 2023; April 26, 2023; and July 13, 2023.
- The defense panel stipulated the witness’ competence to testify on Article I, as well as authenticity of digital evidence presented before the Senate Impeachment Court.
- Asked about the process of encashment made through the LandBank DepEd branch, Camposano said the head of DepEd cash division named Sonia de Leon called her to make a reservation ahead of the encashment.
Camposano: “Kasi po wala naman po kaming enough cash para po sa mga tseke na na-mention, kaya kailangan po niyang tumawag para ireserba po namin iyon.”
According to Camposano, Fajarda himself loaded the cash into two bags in the branch’s backroom then left through the fire exit at the back.
Similar to Constantino’s testimony, Camposano reiterated that once the cash has been handed over to the payee, the bank is “hands off” in assisting them.
Camposano: “Para sa safety rin po ng mga empleyado na parang last touch na—kung ano man po ang mangyari sa pera after hawakan ng kliyente, hindi na po namin sagot iyon.”
- After a brief cross-examination by the defense and no redirect from the prosecution, Presiding Officer Escudero opened the floor for interjections and interventions of senator-judges.
Senator-judge Pangilinan asked Camposano whether she treated such transactions during her time as branch manager of LandBank DepEd branch as “unusual.”
Camposano: “Sa LandBank DepEd po, for government agencies, unusual po ang amount ng pag-withdraw.”
Camposano also noted that DepEd’s usual cash transactions ranged around P10 million.
Pangilinan: “In your 34 years (in LandBank) was this the first time you had to deal with P37 million cash three times in a period of three quarters?”
Camposano: “Ngayon lang po yung time na may encashment na ganoon kalaki.”
She also said there were similar big transactions from other government agencies when she was bank manager in a different LandBank branch but declined to identify which offices.
- Senator-judge Hontiveros asked Camposano how she ensured that the transactions were authorized by VP Duterte.
Camposano: “Dumaan po kasi yan sa DBM (Department of Budget and Management), approved ng DBM po ‘yan. Na-release po ang pondo ni BTr (Bureau of the Treasury). Mayroon po yang advise and pirmado po ng mga authorized signatories ng DepEd.”
- Senator-judge Imee Marcos pointed out the disparity between Camposano’s statements in the November 2024 hearing of the House Committee on Good Governance and her testimony before the Senate Impeachment Court.
According to Marcos, when Rep. Janette Garin asked Camposano whether encashments like P37.5 million were “a regular occurrence,” Camposano answered, “Yes, ma’am.”
Marcos: “So ibig sabihin, hindi siya unusual, regular occurrence. Alin po ba?”
Camposano: “Ang malalaking withdrawal po ay usual lang, hindi siya unusual sa branch namin—both private and government, may malalaki pong withdrawals…
Unusual siya sa Department of Education dahil during my time, iyon lang po yung malaking withdrawal ni Department of Education.”
- Senate President Gatchalian asked Camposano about the typical transactions in the LandBank DepEd branch. She said usual transactions in their branch were payroll-related, such as the overtime pay for contract of service and job order workers, amounting to P100,000-P200,000 per month.
Upon Gatchalian’s interjection, Camposano said that she had seen government agencies encash amounts “more or less” in the P37.5-million vicinity, though she cannot recall which offices.
- Senator-judge Raffy Tulfo asked Camposano whether Fajarda is the designated special disbursement officer of DepEd, asking if Fajarda showed them documents regarding his authorization to encash the confidential funds.
According to Camposano, Fajarda only presented an identification document during the receipt of the encashed amount.
- Senator-judge Bam Aquino asked Camposano to distinguish the differences between covered and suspicious transactions.
Camposano: “Ang covered transaction po is automatic po yang nire-report sa AMLC. May system po ang LandBank na ang mga transactions ng bangko na in excess of P500,000 ay automatic na naka-report.
Ang suspicious transaction naman po ay pagka mayroon kaming nakita—que malaking amount, que maliit—basta’t parang doubtful yung transaction, kailangan po namin i-report as STR, suspicious transaction.”
Aquino then asked what is the difference between “unusual” and “suspicious” transactions.
Camposano: “Unusual meaning kakaiba lang yung transaction pero not necessarily suspicious.”
- Before the end of the trial, House Lead Prosecutor Rep. Gerville Luistro called for the issuance of subpoenas duces tecum and ad testificandum to Roderick Wamil, former state auditor of COA-ICFAO; Cylene May del Campo, present state auditor of COA-ICFAO; and Marivic Pareja, Director of HOR legislative information resources management department.
These three witnesses are to be presented on Aug. 3, 4, and 5, respectively, according to Luistro.
Trial is adjourned and will resume on Monday, Aug. 3 at 10:00 a.m.
-av
