MANILA, Philippines — The prosecution’s plan to present former Department of Education (DepEd) special disbursing officer Edward Fajarda as a key witness in Vice President Sara Duterte’s impeachment trial is now uncertain, with prosecutors considering whether they can proceed without putting him through the rigors of testifying in court.
Fajarda was originally scheduled to appear before the Senate impeachment court after being identified as a crucial witness in the allegations involving the use of P112.5 million in DepEd confidential funds during Duterte’s tenure as education secretary.
However, his testimony was postponed after he suffered a stroke. The Senate Medical and Dental Bureau subsequently validated his medical condition and recommended a period of rest before he could appear before the court.
The Senate had earlier reset Fajarda’s appearance to September 7 and ordered a new subpoena following the medical assessment.
But prosecutors are now considering another option: dispensing with Fajarda’s testimony altogether if the defense agrees to stipulations on facts that would otherwise have to be established through his testimony.
Prosecutors weigh stipulations
Lead House prosecutor Gerville Luistro said the prosecution does not want to aggravate Fajarda’s medical condition merely to have him take the witness stand.
The prosecution has therefore explored an agreement with Duterte’s defense that could allow certain facts concerning Fajarda’s role to be accepted without requiring him to testify.
Presiding Officer Francis “Chiz” Escudero directed prosecutors to submit their proposed stipulations in writing so the defense could respond.
The court also indicated that Fajarda could be excused if he was found medically unfit to attend the proceedings, with Senate doctors prepared to assess his condition.
This means the question is no longer simply whether Fajarda has been subpoenaed.
The bigger issue is whether his testimony is still necessary to the prosecution’s case.
Why Fajarda is considered important
Fajarda served as a special disbursing officer at DepEd when Duterte was education secretary.
The prosecution is examining the alleged misuse, misappropriation and irregular liquidation of confidential funds totaling P612.5 million—P500 million allocated to the Office of the Vice President and another P112.5 million released to DepEd.
The P112.5 million in DepEd funds was released in three tranches of P37.5 million each in 2023.
Earlier testimony in the impeachment proceedings established that Fajarda was involved in the handling of the funds. A former LandBank manager testified that Fajarda personally encashed three checks totaling P112.5 million in 2023.
The prosecution had expected Fajarda to provide further testimony concerning the release, disbursement and liquidation of those funds.
Fajarda was initially expected to testify
Fajarda was among the former special disbursing officers identified by the House prosecution as potentially important witnesses.
The prosecution previously described Fajarda and former OVP special disbursing officer Gina Acosta as witnesses who handled the release and liquidation of confidential funds.
His appearance was initially scheduled for late August but was moved after the court received a medical certificate reporting that he had suffered a stroke.
The Senate subsequently ordered an independent medical assessment. The Senate medical bureau confirmed his condition and recommended rest before he could appear.
Prosecution has other witnesses ready
Even without Fajarda, the House prosecution has continued presenting evidence on the confidential-fund allegations.
As of September 6, the prosecution said it had five remaining witnesses in its presentation: Fajarda, his wife and DepEd Assistant Secretary Sunshine Charry Fajarda, Philippine Statistics Authority Assistant National Statistician Marizza Grande, Police Maj. Jovelyn Magay and Commission on Audit employee Bresilio Sabaldan.
On September 7, the prosecution was expected to present PSA official Marizza Grande, whose testimony concerns civil registry records used to examine alleged fictitious recipients appearing in confidential-fund documents.
The Senate impeachment court also scheduled other witnesses, including Sunshine Fajarda, Magay and Sabaldan, for the September 7 to 9 hearings.
A race against time
The uncertainty surrounding Fajarda comes as prosecutors attempt to finish their presentation on Article I, which centers on the alleged misuse and irregular liquidation of confidential funds.
The prosecution has said it was targeting September 9 to finish presenting evidence on the confidential-fund allegations, although the timetable depends partly on whether the parties can agree on stipulations.
That makes the decision over Fajarda particularly significant.
If the defense accepts enough of the proposed stipulations, prosecutors could potentially avoid waiting for Fajarda to recover sufficiently to testify.
If the defense rejects the relevant stipulations and the prosecution still considers his testimony necessary, however, the issue could remain open.
For now, Fajarda remains an important name on the prosecution’s witness list, but whether he actually takes the witness stand remains uncertain.
The development could become one of the key procedural twists as the Senate impeachment court moves toward the completion of the prosecution’s evidence on the confidential-funds allegations.
WWC ONE MEDIA J.M.S
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