MANILA, Philippines — A tense exchange during Vice President Sara Duterte’s impeachment trial on Tuesday, August 25, drew attention after the Senate impeachment court ordered the words “scam,” “nagsisinungaling” (lying), and “mastermind” stricken from the record.
The remarks were made by private prosecutor Atty. Mae Divinagracia while questioning Office of the Vice President (OVP) Assistant Secretary and Assistant Chief of Staff Lemuel Ortonio about the handling of confidential funds.
Senate impeachment court presiding officer Francis Escudero sustained the defense’s objections and directed the prosecution to use more appropriate language during its questioning.
The ruling did not determine whether the allegations involving the confidential funds were true or false. Instead, the court’s action focused on the wording used by the prosecution during the proceedings.
Why the words were struck from the record
During her direct examination, Divinagracia questioned Ortonio about what she described as varying explanations concerning the use of the OVP’s confidential funds.
She then suggested that the changing explanations could mean someone was lying or that the situation was a “scam.”
Defense lawyer Kristine Ferrer objected and asked that the terms be removed from the record.
Escudero granted the request.
Later, Divinagracia asked Ortonio whether he agreed that Vice President Duterte was the “architect” and “mastermind” behind the confidential-fund matter.
The defense again objected.
Escudero sustained the objection and reformulated the question, eventually eliciting testimony concerning whether Duterte knew about, supervised, permitted or authorized activities involving the funds.
The defense subsequently asked the court to remind prosecutors to avoid what it described as inappropriate or inflammatory language.
Escudero said the proceedings are a court of law and procedure, where accusations and conclusions should not simply be inserted into questions.
Divinagracia later apologized, saying the prosecution had become passionate while presenting its case.
What the witness testified about Duterte and the confidential funds
Despite the disputed terminology, Ortonio’s testimony produced a significant exchange concerning Duterte’s knowledge of the OVP’s confidential funds.
According to reports from GMA News and the Philippine Daily Inquirer, Ortonio testified that Duterte knew about the confidential activities and how they were implemented.
When Escudero took over the questioning, Ortonio also confirmed that, based on his knowledge, the Vice President knew about and authorized activities involving the funds.
The testimony concerns P500 million in confidential funds allocated to the OVP.
Ortonio also testified that the OVP requested P250 million in confidential funds in August 2022 and submitted its spending plan almost a month later. GMA News reported that the relevant 2015 guidelines require allocations to be supported by a physical and financial plan on which disbursements are based.
He further said he accompanied former OVP special disbursing officer Gina Acosta when cash was withdrawn and that he personally provided P150,000 after an urgent request connected to former OVP security official Col. Raymund Lachica.
Trial enters another critical phase
Ortonio was declared the second hostile witness in Duterte’s impeachment trial because his employment is co-terminus with the Vice President.
That designation allowed the prosecution greater latitude in questioning him, including the use of leading questions.
His testimony follows the appearance of former OVP special disbursing officer Gina Acosta, who was questioned about the release and documentation of confidential funds.
During Acosta’s testimony, prosecutors presented acknowledgment receipts bearing unusual names allegedly associated with recipients of confidential-fund payments. Philippine Star reported that names including “Antonio Pagong” and “Timon Andrew Pusa” appeared in documents presented during the proceedings.
The prosecution also questioned how Acosta could certify the proper use of funds despite saying she had no personal knowledge of how some payments were implemented.
A similar use of the word “scam” had already been struck from the record during the previous day’s proceedings after the defense objected.
Prosecution told to choose its words carefully
The controversy over courtroom language continued beyond Tuesday’s hearing.
PNA reported that lead prosecutor Gerville Luistro acknowledged the impeachment court’s authority and said the prosecution would comply with its directive.
At the same time, she stressed that prosecutors must ensure their language accurately reflects the evidence and testimony being presented.
The court’s warning is significant because senator-judges also emphasized that strongly worded statements can spread rapidly outside the courtroom and potentially influence public perception of the proceedings.
Meanwhile, the Commission on Audit said it is considering amendments to the existing rules governing confidential and intelligence funds following issues raised during the impeachment proceedings. COA said shortcomings in the current joint circular had become apparent through previous hearings.
What happens next?
The impeachment trial continues Wednesday, August 26, with Ortonio expected to return to the witness stand for cross-examination by Duterte’s defense team, followed by redirect and recross examinations.
The Senate impeachment court is still hearing the prosecution’s case concerning allegations involving the use and liquidation of confidential funds.
Escudero has expressed hope that the trial can be completed before the end of 2026, although the schedule may be affected by the Senate’s upcoming deliberations on the 2027 national budget.
For now, the dramatic courtroom exchange has produced a clear procedural ruling: the words “scam” and “mastermind” are off the official record—but the testimony surrounding the confidential funds remains under scrutiny.
And with Ortonio returning to the witness stand, the next round of questioning could put even more focus on what he says Duterte knew, approved and authorized.
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