Manila: The Senate Impeachment Court on Tuesday declared Office of the Vice President (OVP) Assistant Secretary and Assistant Chief of Staff Lemuel Ortonio a hostile witness after finding that his continued employment under Vice President Sara Z. Duterte gives him an adverse interest in the proceedings. Presiding Officer Sen. Francis 'Chiz' Escudero made the ruling after Ortonio confirmed that he serves at Duterte's pleasure, reports directly to her, and holds a co-terminus position.
According to Philippines News Agency, Escudero inquired if Ortonio would lose his post if Duterte is impeached and removed from office, to which Ortonio affirmed. 'That's correct, Your Honor,' Ortonio replied. The OVP official also confirmed that he remains employed by Duterte. Escudero ruled Ortonio as a hostile witness, allowing prosecution counsel Mae Divinagracia to ask leading questions during her direct examination, reminding that such questions should not be misleading.
The ruling arose following the defense's objection to Divinagracia's questions about Ortonio's father, Ernesto Nemenzo Ortonio Jr., linked to PNX Udenna Insurance Brokers Inc., chaired by Dennis Uy, a known ally of former President Rodrigo Duterte. The prosecution aimed to establish Ortonio's alleged adverse interest through his familial and social connections. Divinagracia confirmed that this was to qualify him as hostile, but Escudero noted that Ortonio's employment relationship with Duterte was already sufficient.
Before the ruling, Ortonio testified on his role since July 2022, stating, 'I report directly to the Vice President Sara Duterte,' to the impeachment court. The House prosecution presented Ortonio as a hostile witness to prove the alleged misuse of the OVP's PHP500 million confidential funds, claiming they had no legitimate purpose and were irregularly reported. Divinagracia outlined the prosecution's points, alleging the funds were requested without proper planning and were inconsistently justified across documents.
The prosecution highlighted discrepancies in the liquidation and accomplishment reports, noting they seemed tailored to meet rules rather than represent actual operations. The Commission on Audit (COA) had questioned specific items in the reports, which later disappeared, yet totals remained consistent. Prosecution argued the reports lacked specificity and were untimely, with receipts submitted late or backdated. Additionally, certifications attached to liquidation allegedly failed to substantiate claims.
Divinagracia argued the funds were unnecessary, as Duterte already had significant protection through other appropriations, and the threats cited were under existing intelligence coverage. She noted inconsistencies in justifications for the funds across documents and reports, suggesting a lack of coherent rationale. The prosecution further claimed those with supposed knowledge remained silent while Ortonio, who professed ignorance, provided responses.
Ortonio's role in handling the PHP500 million confidential funds, distributed in four PHP125-million tranches from December 2022 through 2023, is under scrutiny. A witness from Land Bank of the Philippines previously identified Ortonio as accompanying a former OVP officer in withdrawing the funds. This officer, Gina Acosta, had testified that the funds were handed over to a security commander upon Duterte's instruction.
