Manila: Former Department of Education (DepEd) special disbursing officer Edward Fajarda was unable to attend Vice President Sara Z. Duterte's impeachment trial on Monday due to medical reasons. However, prosecutors successfully secured a key stipulation that Fajarda transferred PHP112.5 million in DepEd confidential funds to security officer Col. Dennis Nolasco following Duterte's directive.
According to Philippines News Agency, Fajarda, who recently suffered a stroke, was subpoenaed for Monday's trial but was advised by his doctor to rest for an additional 30 days. In light of his health condition, the prosecution sought stipulations on the facts they intended to establish through Fajarda's testimony.
"We are making this request for stipulation out of due consideration for the health and well-being of Mr. Fajarda. In fact, we were going to make this last week so that there would be no need to subpoena him," said prosecution counsel Reynaldo Robles to the Senate impeachment court.
Defense counsel Lyndon Miguel Bacquel agreed that Duterte, who was also the education secretary at the time, appointed Fajarda as the special disbursing officer for the DepEd confidential funds in 2023. The defense further stipulated that Fajarda cashed three checks or cash advances of PHP37.5 million each, totaling PHP112.5 million.
Initially, there was a disagreement between the parties on how to describe Fajarda's transfer of the funds to Nolasco. While the prosecution preferred terms like 'gave' or 'turned over,' the defense suggested 'disbursed.' Robles objected to 'disbursed' due to the lack of documentation evidencing payment to Nolasco.
Presiding officer Sen. Francis 'Chiz' Escudero proposed that the parties agree that Nolasco 'received the funds,' allowing the impeachment court to decide on the characterization of the transaction. After consulting with his defense team, Bacquel consented to the stipulation that Nolasco received the funds from Fajarda on Duterte's instructions.
Additionally, the defense stipulated that Fajarda prepared and signed certifications under oath, stating that the confidential funds were used for confidential and lawful purposes. Duterte also signed these certifications under oath. Fajarda had prepared accomplishment reports on the expenditures of the confidential funds, which Duterte approved and signed.
The defense also proposed a stipulation acknowledging Fajarda's lack of personal knowledge regarding the actual implementation of the confidential operations.
These stipulations may render Fajarda's appearance unnecessary as prosecutors aim to conclude their presentation on the confidential fund charge by Wednesday. The prosecution is working to finalize its evidence on Article I, which involves alleged misuse, misappropriation, and irregular liquidation of PHP612.5 million in confidential funds - PHP500 million under the Office of the Vice President in 2022 and 2023, and PHP112.5 million under DepEd in 2023.
