A MEMBER of the House of Representatives yesterday bared the Office of the Vice President (OVP) tried, but failed, to prevent the Commission on Audit (COA) from submitting to Congress the audit report on her office’s use of confidential funds in 2022.
Batangas Rep. Gerville Luistro said that in a letter dated August 21, or just six days before the House Committee on Appropriations was scheduled to hear the OVP’s budget proposal for 2025, Vice President Sara Duterte’s chief of staff, Zuleika Lopez, advised COA against complying with the panel’s subpoena duces tecum for the Notice of Disallowance (ND) and audits of the OVP and Department of Education’s (DepEd) confidential funds for 2022 and 2023.
Luistro said the OVP argued that releasing the audit reports would violate the “constitutional principle of separation of powers” and infringe on the OVP’s “right to due process.”
“The subject subpoena may not be validly enforced due to the nature of confidential funds,” Luistro quoted the OVP as telling the COA in the letter.
The COA report ordered the Vice President to return P73 million out of her P125 million in confidential funds that were spent in just 11 days in December 2022.
COA issued the ND following the OVP’s “non-submission of documents evidencing the success of information-gathering and/or surveillance activities to support acknowledgment receipts for payments of rewards in cash, various goods and medicines” that totaled to P69.7 million.
The audit agency said the amount is comprised of P10 million for reward payments, P34.8 million for payments of rewards through various goods, and P24.9 million for the payment of rewards through medicines.
The rest of the P73.2 million, worth P3.5 million, covered payments for tables, chairs, desktop computers and printers “without specifying that they were intended for the confidential operations/activities undertaken by the OVP,” which COA said is non-compliant with the requirements.
Tension rose during the August 27 House hearing on the OVP’s 2025 budget request after Duterte stonewalled questions on the COA’s disallowance of the OVP’s confidential funds, saying it is up to the House to decide on her office’s budget proposal.
A combative Duterte was told to respect the panel after she repeatedly questioned the rulings of presiding chair Marikina Rep. Stella Quimbo and the House rules, and even tried to raise motions despite not being a member of the chamber.
Luistro said the OVP’s attempt to stop COA from releasing the report is tantamount to “suppression of public information.”
She said the principle of separation of powers “is not absolute and has well-established exceptions.”
She also said the House observed due process and allowed the Vice President to explain the findings in the audit report, but she refused to cooperate.
“The principle of separation of powers ensures that no branch of government operates unchecked. But when it comes to the oversight of public funds, this principle must yield to the need for transparency and accountability. The Vice President was given every opportunity to explain the spending but chose instead to obstruct the process,” said the lawmaker.
Luistro reiterated that Congress has the “constitutional responsibility to scrutinize the budgets of all government branches to ensure that taxpayers’ money is spent appropriately and transparently.”
“This scrutiny is not just about legality; it is about ensuring that the people’s money is used in a manner that truly benefits the public. When an official attempts to hide spending details, it undermines the very trust that the public places in its leaders,” she said.
Luistro praised COA for upholding Congress’ authority to review the audit report, adding that the Constitution grants lawmakers the explicit power to scrutinize the budget allocations and spending patterns of all government agencies, including the OVP.
“Confidential funds are intended for specific, sensitive purposes that require a higher degree of discretion. However, this does not mean they are exempt from oversight. The public has the right to know if these funds are being used properly and it is the role of Congress to ensure this through audits and other investigative measures,” she said.
She also said: “The Constitutional power of Congress to review the spending of public funds is not just a right but a duty. It is our responsibility to ensure that every peso of taxpayers’ money is spent for its intended purpose and not misused. This scrutiny extends beyond merely approving budgets — it involves a continuous evaluation of how these funds are actually spent, particularly when it comes to sensitive allocations such as confidential funds.”
Luistro explained that the oversight function of Congress includes examining the spending patterns of agencies to determine if their heads are fit to manage public funds.
“Mismanagement, especially when involving large sums within short periods, calls into question the capability and integrity of those in charge,” she said.
SOCIAL AID PROGRAMS
Rep. France Castro (PL, ACT) vowed to oppose the OVP’s proposed budget for social aid next year because of Duterte’s alleged misuse of confidential funds.
“Given the previous misuse of confidential funds, we must ensure that public funds are allocated and utilized properly. Hindi natin pwedeng payagan na maglaan ng hiwalay na budget para sa social services sa isang opisina na may kaduda-dudang track record (We cannot allow the allocation of a separate budget for a department that has a dubious track record),” she said in a statement.
“If the OVP cannot properly manage its P73 million confidential funds, how can we entrust them an even higher budget? This is about protecting taxpayers’ money from potential misuse,” Castro also said.
The lawmaker, a member of the militant Makabayan bloc, added that the budget for social services should be channeled directly to the Department of Social Welfare and Development (DSWD) instead of being allocated separately to the OVP.
“The DSWD has the mandate and expertise to handle social services. By funneling the budget to the DSWD, we can ensure that the funds are used properly and reach those who need them most,” Castro said.
She said the OVP, like senators, congressmen and local officials, receive allocations through the DSWD should they have specific initiatives that they wish to pursue.
“This approach not only promotes transparency and accountability but also ensures that funds are managed by an agency specifically trained and equipped to handle social welfare programs,” Castro said.
Castro it would be impossible to justify allocating huge amounts to the OVP when Duterte failed to provide an acceptable explanation of how her office spends taxpayers’ money.
“We asked, and the Vice President could not give clear answers. ‘Sinimot’ niya ang confi funds pero ayaw niyang i-explain kung paano ginamit (She consumed entirely the confidential funds but she doesn’t want to explain how it was used),” she said.
REVIEW AND DELETE
Senate minority leader Aquilino Pimentel III said that instead of acting “tough” on the Vice President, Congress should just thoroughly scrutinize the OVP budget and remove what may be deemed as unnecessary expenses.
He pointed out that since Duterte has said that she is leaving it to Congress to decide on her office’s budget request, then lawmakers can yield to her request.
“Ang sabi niya, ‘I will leave it to Congress kung anong gagawin sa budget ko,’ at iyon ay paulit-ulit. That means seryoso siya roon. Sinabi rin niya ‘yun sa Senate. Hindi lang ngayong Congress niya sinabi iyon, sinabi rin niya iyon last year pero in a more respectful way (She said, ‘I will leave it to Congress what it will do to my budget,’ and she repeatedly said that. It means that she is serious. She also said that in the Senate. And she also said that last year although in a more respectful way),” Pimentel said in an interview with radio dzBB.
“Eh dapat magpakitang gilas ang Congress. Hindi ‘yung patapang-tapang pero pagkatapos as is din pala ang budget (Congress should exercise power over the OVP’s and not act as if they are tough, but in the end, they will just leave her budget as is),” he added.
Pimentel said the Vice President’s primary function is to replace the president once the sitting Chief Executive can no longer perform his or her tasks. He also said that the Vice President is not in the business of giving away school bags for children since there are other line agencies that are already doing it.
He said it is also not the mandate of the OVP to provide free rides to the public.
“Ang role ng vice president ay maging laging handa na maging president kung sakaling may mangyari sa president. Yun lang. Hindi na nya role ang magpatakbo ng mga bus, sayang lang oras niya at mga staff niya… Ang dapat lahat ay nakabuhos sa puro aral, briefing, para handa siyang maging president anytime. ‘Yun lang ang budget-an natin (The VP’s role is to be always prepared to become president in case something bad happens to the latter. That’s the only role of the vice president. It is also not the role of the vice president to provide free rides as it just a waste of her and her staff members’ time…The VP’s time should be dedicated on schooling, briefings, so she the VP can be ready to become president anytime. These things deserve to be given funds),” he said.
Pimentel said he was the only senator who raised the issue of duplication of functions when Duterte appeared before the Senate to tackle the OVP budget in 2023.
He said he then questioned why the OVP asked for funds for the grant of financial assistance to indigents, burial assistance, and budget for rice assistance, among others, which he said were a replication of functions of the DSWD, among others.
He said lawmakers should just give a budget deserving to the true functions of the VP, nothing more, and not give in to the OVP’s other requested allocations.
“Kaya ang suggestion ko let us stick to the main function of the office. So, ang OVP ay bobombahin natin ng budget ‘yan na maka-attend siya ng conferences, maka-aral siya, makabasa ng maraming libro, magpa-brief siya ng maraming tao para ang subject matter ay ‘expert’ siya. I mean lalalim ang kaalaman niya sa maraming subject matter kasi ang mission niya ay mag-invest sa sarili niya (My suggestion is for us to stick to the main function of the office. So, we will pour funds to the OVP so that she can attend conferences, study more, read more books, and have many people brief her so she can be an ‘expert’ in the field. She can broaden her knowledge in many subject matters because her mission is to invest in herself),” he said.
Senate deputy minority leader Risa Hontiveros had a heated argument with Duterte after the latter accused her of “politicizing” the budget process.
Hontiveros questioned Duterte why she is asking for P10 million in funding for the printing and distribution of the children’s book “Isang Kaibigan.”
Instead of answering directly, Duterte accused Hontiveros of politicizing the budget process.
Duterte said the OVP needs to have its own funds since indigents troop to her office to ask for financial and other forms of assistance, which Hontiveros said are already done by the DSWD, Department of Labor, and Department of Health.
Hontiveros said she will move to have the requested allocations for socio-economic programs realigned to other agencies that need the funds. — With Raymond Africa
