MANILA, Philippines — Undersecretary Zuleika Lopez will be suing for her freedom from detention under the House of Representatives, Vice President Sara Duterte said yesterday.
Lopez, who has been confined at Veterans Memorial Medical Center (VMMC) since Saturday, has hired lawyers to take her freedom from House detention to the courts.
“Her detention was extended and she’s meeting with lawyers … Her mother said they want to take this to courts,” Duterte told reporters.
“She said she’ll take legal steps (because of the extension). Let’s just wait for the next move of her lawyers,” she added.
Asked about her condition, Duterte said Lopez still refuses to eat.
The House ordered Lopez’s detention after she was cited in contempt for her alleged interference in a probe on the confidential funds of offices led by Duterte.
Duterte described the House order to transfer Lopez to the corrections facility as an “attempted homicide,” which triggered Lopez’s unspecified health condition.
Because of the ordeal, Lopez expressed her intention to step down as the Vice President’s chief-of-staff after the House of Representatives concludes its hearings on Duterte’s confidential funds, citing the emotional strain of the process.
Meanwhile, Duterte said Special Disbursement Officer Gina Acosta – who was rushed to the VMMC Monday night – was still undergoing tests to rule out serious medical conditions such as a stroke.
“Her blood pressure shot up to 150/100 and she lost consciousness. She was unresponsive upon arriving at the emergency room but she turned out OK after. However, doctors saw the need for follow up check ups so she was admitted,” Duterte said.
Duterte told Acosta’s doctors to ensure she was clear of health risks before allowing her to attend another House inquiry, saying her family has had a history of fatal heart attacks.
“What if the next time, she’ll have a stroke or heart attack? We’re lucky that wasn’t the case (last night). But the family has a history of heart attack. Both parents and some relatives died of a heart attack,” Duterte added.
Funds disbursed to security officers
The special disbursing officers (SDOs) of the OVP and the DepEd revealed yesterday that they disbursed multimillion-peso confidential funds to designated security officers on strict direct orders of Vice President Duterte.
Appearing before the House committee on good government and public accountability, Gina Acosta, the OVP’s SDO, admitted to releasing P125 million in confidential funds to Col. Raymund Dante Lachica, commander of the Vice Presidential Security and Protection Group, on Dec. 20, 2022 – the same day she encashed the full amount at the Land Bank of the Philippines (LBP) Shaw Boulevard branch in Mandaluyong City.
Edward Fajarda, the DepEd SDO under Duterte’s tenure as secretary, disclosed during questioning by Antipolo City 2nd District Rep. Romeo Acop that he turned over P37.5 million in confidential funds for the first quarter of 2023 to Col. Dennis Nolasco, DepEd’s designated security officer.
Both SDOs said their actions were carried out under the explicit orders of the Vice President. “It has an approval of VP Inday Sara. I trust Col. Lachina because he is trusted by VP Inday Sara,” Acosta added.
Fajarda admitted that while he signed disbursement vouchers and certifications, the funds were managed entirely by Nolasco.
“The funds pass through me, but all disbursements were handled by Col. Nolasco, as he was designated for confidential operations,” he explained under questioning by 1-Rider Rep. Rodge Gutierrez.
Fajarda further stated that he had no interaction with the ultimate recipients of the funds and relied on Nolasco to provide acknowledgment receipts and other documentary evidence.
Deputy Speaker and Quezon 2nd District Rep. David Suarez grilled Fajarda on the authority that allowed Nolasco to manage the funds.
Fajarda responded that the directive came directly from Vice President Duterte. “I was informed by VP Sara that there is a designated security officer,” he stated.
“So, the instruction came from VP Sara?” Suarez asked for confirmation. Fajarda affirmed, “Your Honor, VP Sara.”
Pressed further on whether there was documentation to support the delegation of responsibility, Fajarda confirmed the existence of a single document issued in January 2023.
“Yes, Your Honor. I have it,” Fajarda stated, agreeing to provide the document to the committee.
Suarez underscored that, as the bonded SDO, Fajarda was responsible for personally disbursing the funds and could not delegate this authority.
“You should be the one who is dispersing it. You cannot designate that authority and power to anybody else,” Suarez said.
Acosta and Fajarda – along with OVP Assistant chief of staff Lemuel Ortonio and former DepEd assistant secretary Sunshine Charry Fajarda – were previously cited for contempt and ordered detained by the Blue Ribbon committee for repeatedly failing to attend hearings despite multiple invitations and a subpoena.
They finally appeared during the committee’s seventh hearing on Monday, but still failed to provide clear and satisfactory answers regarding the disbursement of the confidential funds in question.
Disbarment case filed at Supreme Court vs VP Sara
The Supreme Court (SC) has received an “anonymous” disbarment complaint against Vice President Duterte over her remarks of exhuming the remains of former President Marcos Sr. and throwing them into the West Philippine Sea.
According to SC spokesperson Camille Sue Mae Ting, the high tribunal received the complaint “early this month” and the SC has yet to act on it. She also said there is a pending disbarment case against Sara which was filed when she was still Davao City mayor.
“It’s always possible that the Supreme Court can take cognizance of anything that’s publicly known but usually, it’s usually by complaint so we’ll have to wait and see what the court will do in that case,” she said when asked if the SC can act on the complaint motu proprio.
National Bureau of Investigation (NBI) director Jaime Santiago earlier said Duterte may face disbarment complaints over her recent actions, including lawyering for her chief-of-staff Zuleika Lopez when the latter was cited in contempt by the House of Representatives and held in detention.
Santiago said Duterte is prohibited to practice as a lawyer as the Constitution bars public officials from practicing their profession while holding office.
According to former Integrated Bar of the Philippines president Domingo Cayosa, Duterte may also face disbarment complaints over her expletive-ridden remarks during the press conference she held, where she declared she contracted the services of a hitman to kill President Marcos Jr., First Lady Liza Marcos and Speaker Martin Romualdez if the alleged threat on her life succeeds.
“During the broadcast, she’s spitting out expletives. For us lawyers, that’s prohibited as we have to uphold the nobility of the profession and set an example and to maintain the respect for the rule of law,” Cayosa said on NewsWatch.
He said the assassination remark violates Canon 1 of the Code of Professional Responsibility and Accountability, which states that a lawyer shall uphold the Constitution, obey and promote respect for the law and legal processes.
The remarks about contracting a hitman showed a lack of respect for law and legal processes, he said. — Jose Rodel Clapano, Daphne Galvez