The House prosecution on Tuesday poked holes in the testimony of Davao City Accountant Vingelin Bajan, who tried to justify a PHP64,194.72 payment Vice President Sara Duterte received from the city government in January 2023, six months after assuming the vice presidency.
Bajan, a defense witness in Duterte’s impeachment trial, claimed the payment was a delayed salary adjustment for Duterte’s service as Davao City mayor in 2020 and 2021.
The payment came under scrutiny after the prosecution presented government records showing that Duterte received the money on Jan. 10, 2023, while already serving as vice president.
Under Article VII, Section 6 of the Constitution, the Vice President is prohibited from receiving any other compensation from the government or any other source during her tenure, unless otherwise provided by the Constitution.
The defense argues that the payment was not additional compensation for Duterte’s work as vice president but money owed to her for services rendered before she assumed national office.
During cross-examination, private prosecutor Mae Divinagracia challenged Bajan’s explanation using a 2023 Bureau of Internal Revenue (BIR) Form 2316 that the witness herself had signed.
“Based on the document alone, kung titingnan lamang ang form na iyan, walang nagpapakita na ang amount na nakasaad diyan ay para sa salary differential. Tama po ba (looking at this form alone, nothing indicates that the stated amount is for a salary differential. Is that correct)?” Divinagracia asked.
“Yes po, Attorney,” Bajan replied.
Bajan also acknowledged that the tax form did not specify the years when the compensation was earned or identify the payroll and disbursement voucher supporting the payment.
Divinagracia questioned why the city government released the adjustment only in 2023 when the salary increases had taken effect in 2020 and 2021.
“Hindi po ako ano ng buong istorya, pero kung titingnan natin ang records po, parang na-overlook po ang adjustments (I don’t know the whole story, but based on the records, it seemed like the adjustments were overlooked),” Bajan said.
The prosecution also pointed to a PHP57,500 difference between Duterte’s 2022 compensation reported to the BIR and the amount listed in Davao City’s financial statements submitted to the Commission on Audit (COA).
Her BIR Form 2316 reported PHP881,012, while the city government’s financial statements listed PHP938,512.
Bajan attributed the difference to reporting methods and deductions, including leave without pay.
Bajan’s credibility came under further scrutiny when Divinagracia questioned her about Ampil Elises & Ciudadano, an accounting firm where she had been a partner.
Bajan repeatedly struggled to confirm her signature on the firm’s registration documents and an affidavit showing that she withdrew from the partnership in 2015, when it changed its name to Elises & Ciudadano.
Her answers drew sharp rebukes from several senator-judges.
“Alam mo, natatakot ako para sa’yo kasi napaka-simple lang ng katanungan (I am afraid for you because the questions were simple) and you’re very evasive,” Sen. Raffy Tulfo told Bajan.
“Baka ma-contempt ka. Sana huwag. Kami napipikon na (You might get cited for contempt. Hopefully not. We are already losing our patience),” he added.
Presiding Officer Sen. Francis “Chiz” Escudero also expressed frustration.
“My patience is wearing thin, forgive me,” Escudero said.
Bajan eventually confirmed her involvement in the firm and her withdrawal in 2015, a year before Duterte, then Davao City mayor, appointed her city accountant.
Divinagracia also presented corporate records identifying Elises & Ciudadano as external auditor of GenCorp Industries Inc. and Metro City Chow Foods Corp., two companies examined by the prosecution in connection with Duterte’s alleged unexplained wealth.
Bajan said she did not know about the firm’s engagements after her withdrawal, a limitation Escudero acknowledged.
The prosecution also raised questions about Davao City payments to 888 Bistro, a business registered under Duterte’s husband, lawyer Manases Carpio, while her brother, Sebastian Duterte, served as mayor.
“It is clear, Your Honor, that there is a conflict of interest in this case,” Divinagracia argued.
Before ending her cross-examination, Divinagracia established that Bajan had not brought proof that COA received the original documents supporting the claimed salary adjustment.
“So, in short, wala po kayong proof sa kasalukuyan na ito nga yung mga dokumentong ito, ang mga original nito ay nasa possession na ng COA. Tama po ba (You currently do not have any proof that these are indeed the documents, and that their originals are already in the possession of COA. Is that correct)?” Divinagracia asked.
“Yes po, hindi po nadala po (I did not bring them with me),” Bajan replied.
The testimony forms part of Duterte’s defense against the remaining impeachment charge involving alleged unexplained wealth, which includes the prosecution’s findings of at least PHP817.87 million in allegedly undeclared assets and unexplained wealth. (PNA)