THE office of Vice President Sara Duterte attempted but failed to prevent the Commission on Audit (COA) from submitting to Congress an audit report that declared as improper her office’s spending of confidential funds in 2022, Rep. Gerville “Jinky Bitrics” R. Luistro (2D, Batangas), said today (September 1, 2024).
Luistro praised COA for upholding Congress’ authority to review the damaging audit report, which ordered the Vice President to return ₱73 million out of the ₱125 million in confidential funds that were spent within just 11 days in December 2022.
The lady solon said the Office of the Vice President’s (OVP) attempt to stop COA from releasing the report is tantamount to “suppression of public information.”
Luistro emphasized that the Constitution grants Congress the explicit power to scrutinize the budget allocations and spending patterns of all government agencies, including the Office of the Vice President. This authority is fundamental to the system of checks and balances in a democratic government, ensuring that public funds are used responsibly and transparently.
“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,” Luistro stated. “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.”
She further 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.
“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 a 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,” Luistro added.
In a letter dated August 21, 2024, just six days before the House Committee on Appropriations was scheduled to hear the OVP budget, Duterte’s Undersecretary and Chief of Staff, Atty. Zuleika Lopez, advised COA against complying with the committee’s subpoena duces tecum for the Notice of Disallowance and audits of the OVP and Department of Education’s (DepEd) confidential funds for 2022 and 2023.
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,” the OVP claimed.
However, Luistro refuted these assertions, pointing out that the principle of Separation of Powers is not absolute and has well-established exceptions. She further emphasized that Congress had provided the Vice President with ample due process to explain the findings in the contentious audit report.
“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 OVP was given every opportunity to explain the spending but chose instead to obstruct the process,” Luistro remarked.
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,” she concluded.
