The House prosecution team may ask the Senate Impeachment Court to issue a show-cause order and pursue appropriate remedies if Special Disbursing Officers (SDOs) Gina Acosta and Edward Fajarda fail to comply with subpoenas requiring their testimony on encashed confidential funds.
House prosecution counsel and spokesperson Benjamin “Jay” Tolosa Jr. stated during an online press conference that the prosecution has not yet received confirmation regarding either witness’s court attendance.
“We have not received any word from them as to whether or not they will appear in court,” Tolosa said.
Acosta served as SDO for the Office of the Vice President (OVP), while Fajarda served as SDO for the Department of Education (DepEd) during Vice President Sara Z. Duterte’s tenure as Education Secretary.
Former Land Bank branch managers previously testified that Acosta encashed four OVP checks worth P125 million each, while Fajarda encashed three DepEd checks worth P37.5 million each, totaling P612.5 million across the seven checks.
Tolosa expressed hope that both witnesses would comply with the Impeachment Court’s directive voluntarily.
“First of all, we’re hoping that they’ll just follow the directive to appear before the impeachment court nang hindi na magkaroon ng problema,” Tolosa said.
Deputy Speaker Janette Garin noted that she had previously observed both prospective witnesses present during earlier Senate proceedings.
“I saw them more than four times na nandun sila na nanonood,” Garin said.
The prosecution plans to interrogate Acosta and Fajarda regarding the distribution of the cash following encashment, as well as the documentation supporting the reported confidential operations.
Tolosa noted that should either witness fail to appear, the prosecution may request that the Impeachment Court order them to explain their absence. He emphasized that the Impeachment Court holds sole discretion to evaluate any explanation and determine whether to impose contempt charges or other sanctions.