Hostile witness ruling allows leading questions for ex-OVP SDO

MANILA, Philippines —House private prosecutor Amando Virgil Ligutan was allowed to ask leading questions of Gina Acosta, the former special disbursing officer of the Office of the Vice President (OVP), after she was declared a hostile witness on Monday, the 16th day of Vice President Sara Duterte’s impeachment trial.

Presiding officer Sen. Francis “Chiz” Escudero granted the prosecution’s motion to declare Acosta a hostile witness after questioning her about her current position at the OVP and her employment relationship with Duterte.

Acosta confirmed that Duterte is her boss and that she currently holds a coterminous position as Vice Presidential Staff Officer VI.

Asked by Escudero whether she would lose her OVP post if Duterte were impeached or removed from office, Acosta replied that she would no longer have work with that office.

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 Attorney 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.

The ruling allows Ligutan to ask Acosta leading questions during her examination. Escudero stressed, however, that misleading questions remained prohibited.

Acosta is the first witness formally declared hostile in Duterte’s impeachment trial.

Ligutan made the motion after presenting Acosta’s counter-affidavit in a complaint involving the alleged misuse of confidential funds.

He argued that Acosta’s position in the counter-affidavit was directly adverse to the prosecution’s case against Duterte.

According to Ligutan, 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 Ligutan’s motion, arguing 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.

Escudero rejected the objection.

Earlier, the defense stipulated that Acosta served as the OVP’s special disbursing officer in 2022 and 2023, during which, as she herself confirmed, she handled confidential funds.

Ligutan said the prosecution intended to establish that Duterte instructed Acosta to encash P500 million in OVP confidential funds in four tranches from December 2022 to July 2023 and turn over the cash to an OVP security officer.

The prosecution also intended to establish that the P500 million was not properly liquidated and that its disbursement was riddled with violations of Joint Circular No. 2015-01, which governs the use of confidential and intelligence funds.

The P500 million forms part of the P612.5 million in confidential funds at the center of the first impeachment article. The amount consisted of P500 million released to the OVP and P112.5 million to the Department of Education while Duterte was concurrently serving as education secretary.

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