Fund transfer to OVP questioned

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SC asked to order return of P125M to govt treasury

A GROUP of legal and economic experts yesterday asked the Supreme Court (SC) to settle the legality of the controversial transfer of P125 million in confidential funds to the office of Vice President Sara Duterte in December 2022 sans the approval of Congress.

In a 49-page petition for certiorari, the petitioners also asked the High Court to order Duterte’s office to return the amount to the National Treasury.

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“It is most respectfully prayed that this Honorable Court declare the transfer of the amount of P125 million to the Office of the Vice President as unconstitutional and that the Office of the Vice President be ordered to return the money to the government’s treasury,” the petition said.

The petitioners include former Vice President Leni Robredo’s spokesperson lawyer Barry Gutierrez, former Commission on Elections (Comelec) chairperson Christian Monsod, former Finance Undersecretary Maria Cielo Magno, former Comelec commissioner Gus Lagman, former Commission on Filipinos Overseas chairperson Imelda Nicolas, Katrina Monsod, Ray Paolo Santiago, Honorio Poblador III, Vicente “Enteng” Romano III, Rex Drilon, and Miguel Jugo.

Magno recently left her post at the Department of Finance (DOF) after she was reportedly asked to resign over her opposition to the rice cap policy imposed by President Marcos Jr. in September this year.

Named respondents in the petition are the OVP, the Office of the Executive Secretary represented by Executive Secretary Lucas Bersamin, and the Department of Budget and Management (DBM) represented by Budget Secretary Amenah Pangandaman.

Duterte welcomed the filing of the petition, saying she was hoping that the High Court will be able finally put an end to the issue.

“Malugod po naming tinatanggap ang pagkakataong talakayin ang legalidad ng paglilipat ng pondo. Umaasa kami na ang dunong ng Korte Suprema ay magiging daan upang tuluyang matapos ang usapin na ito (We wholeheartedly welcome the opportunity to discuss the legality of the transfer of fund. We are hoping that the Supreme Court’s wisdom will be the way to resolve this issue),” Duterte said in a recorded video message.

Amid the legal action, Duterte vowed not to lose focus on her job as concurrent secretary of the Department of Education (DepEd), saying she had a duty to improve the quality of education and protect students from all forms of threats and abuse.

She also seemingly took a swipe at the administration again, saying it is important to prioritize addressing the surging prices of basic commodities which she said affects students and their families.

The petition filed with the SC was anchored on the argument that the transfer of the funds to the OVP from the Office of the President (OP) was a “clear usurpation of power” of Congress since such transfer is exclusively a legislative function.

“The appropriation done by the Department of Budget and Management is a clear usurpation of the legislative power of the Congress of the Philippines to create and fund an item that has not been done so by the Congress itself,” the petition said.

The petitioners said the transfer of the funds was “invalid and unlawful” as they dismissed Malacañang’s explanation that it has the power under Special Provision Number 1 of the 2022 General Appropriations Act (GAA) to approve the releases of funds to cover the requirements of new and urgent activities or projects that need to be implemented.

“The appropriation by executive fiat is in clear violation of the legislative intent and does not fall under the delegated legislative power under the said provision of the Contingent Fund in the 2022 General Appropriations Act,” they argued.

Opposition lawmakers have questioned the transfer of the P125 million in confidential funds to Duterte’s office in December 2022, pointing out that the OVP was not given an allocation for such funds under the 2022 GAA.

The Commission on Audit has said that the amount was spent by Duterte’s office in only 11 days.

House Committee on Appropriations senior vice chairperson Rep. Stella Quimbo has defended the transfer, saying that it was legal because it was sourced from the Contingent Fund. She has said that what happened was not a transfer, but an actual use of the Contingent Fund for expenses that were not anticipated during the budget preparation.

The criticisms generated by the controversial fund transfer has prompted Congress to remove the OVP’s request for P500 million in such funding, as well as another P150 million for the Department of Education (DepEd), which Duterte also heads, in the proposed 2024 national budget. — With Wendell Vigilia

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