Sara’s finance officers can go to jail ahead
VP Sara Duterte publicly declared to be atheist. At a press conference, Oct. 22, 2024, she said: “Hindi ko aatakihin ‘yung tao, bakit ko aatakihin? Eh ‘yung paniniwala ko, hindi naman niya paniniwala. Parang Diyos lang ‘yan. Naniniwala ka sa Diyos, ako hindi, respetuhin mo ako. Kahit ‘di ako naniniwala, ikaw na naniniwala sa Diyos, rerespetuhin pa rin kita.”
How does that reconcile with the Constitution she swore to defend? The Preamble opens with, “We, the sovereign Filipino people, imploring the aid of Almighty God….”
How does that align with her oaths of office as VP, mayor, vice mayor, which end with, “So help me God.”
“So help me God” also punctuates VP Sara’s oath as a lawyer. Also all her attestations of the truth in Articles of Incorporation, affidavits and as witness.
The Bible warns against godless leaders. Exodus 5:2 narrates: “But Pharaoh said, ‘Who is the Lord, that I should obey him and let Israel go? I do not know the Lord and I will not let Israel go’.”
Proverbs 14:34 warns, “God-devotion makes a country strong; God-avoidance leaves people weak.”
The Hebrew Tanakh contains those same passages.
The Quran similarly teaches those. Surah Al-Qasas 28:38, “And Pharaoh said, ‘O eminent ones, I have not known for you any god other than me.…”
Surah Al-A’raf 7:96, “And if the people of the towns had believed and feared Allah, we would certainly have opened for them blessings from the heaven and the earth.”
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“Alam niyo po ba, Ms. Gina Acosta, na ikaw ang maaring makulong?”Impeachment prosecution lawyer Amando Virgil Ligutan made that remark due to the OVP special disbursing officer’s repeated canned answers during direct examination.
It goes as well for OVP admin and finance ASec Lemuel Ortonio. Ortonio and Acosta acknowledged that their boss, impeached VP Sara Duterte, is the head of agency. They admitted turning over P500 million, on Sara’s say-so, to outsider Col. Raymund Lachica.
That’s despite the absence of a signed receipt by Lachica and in violation of COA Joint Circular No. 2015-01.
The COA joint circular has the force of law because signed with various agencies, says former Philippine Bar Association president Rico Domingo. It holds heads of agencies, finance and disbursing officers responsible for handling confidential and intelligence funds.
Section 8, Administrative Provisions/Penal sanctions, states: “Failure to liquidate any public funds for which one is accountable, upon demand by any duly authorized officer, shall be prima facie evidence that he has put such missing funds or property to personal use and benefit.”
Three charges can be filed against Sara, Acosta and Ortonio:
• Malversation of public funds or property, non-bailable and punishable with life imprisonment due to the huge amount;
• Corruption – “Persuading, inducing or influencing another public officer to perform an act constituting a violation of rules and regulations duly promulgated by competent authority or an offense in connection with the official duties of the latter, or allowing himself to be persuaded, induced or influenced to commit such violation or offense;”
• Plunder, because of three elements: combination or series of crimes, amount exceeding P50 million and personal benefit.
The ombudsman on its own or any citizen can file complaints.
The VP is not immune from suit. More so her blindly loyal subordinates, as Senator-judges Raffy and Erwin Tulfo called Acosta and Ortonio.
Sara and Acosta can be investigated as well for any misuse of Davao City’s confidential funds, P460 million a year in 2019-2022. Sara as mayor and Acosta as disbursing officer handled the P1.84-billion total.
Note that the Department of Justice has indicted Sara before a Quezon City court for grave threats against President Bongbong Marcos, First Lady Liza Araneta and former speaker Martin Romualdez. Sara committed the offense in November 2024, but was charged only this month. She wants the raps dropped for being an impeachable officer.
Trial of Acosta and Ortonio for malversation, corruption and plunder can proceed at once at the Sandiganbayan. That of Sara can be postponed till after her impeachment trial or end of term, says law professor Howard Calleja.
Note again that former senator Bong Revilla was acquitted of plunder in December 2018. But his chief of staff lawyer Richard Cambe took the rap and was convicted and sentenced to reclusion perpetua or up to 40 years in prison. He died of stroke in April 2021 while serving his sentence.
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