THE House prosecution panel on Tuesday urged Vice President Sara Duterte to personally explain the transfer of confidential funds to a military official following testimony from a Commission on Audit (COA) witness that it constitutes a violation of the rules.
Earlier, Commission on Audit-Intelligence and Confidential Funds Audit Office (COA-ICFAO) supervising auditor Xylene Mae del Campo testified that a Notice of Disallowance was issued last March covering three P125-million cash advances released to the Office of the Vice President (OVP).
Del Campo said a key basis was former OVP special disbursing officer (SDO) Gina Acosta’s sworn testimony before a House inquiry that upon Duterte’s directive, she turned over the money to Col. Raymond Dante Lachica, head of the Vice-Presidential Security and Protection Group.
Counsel for the prosecution panel and spokesperson Atty. Benjamin Tolosa Jr. said the question ultimately goes back to Duterte herself, particularly because the COA witness testified that she had ordered the transaction.
“Dito maliwanag, narinig natin, siya mismo nag-utos ng ganitong bagay, which constitutes a direct violation of the Joint Circular,” he said in a press conference.
For the prosecution, this is why the Vice President should personally explain what happened rather than leave the matter to her subordinates.
“Walang iba makakapaliwanag dyan kung hindi ang vice-president,” Tolosa stressed.
Prosecution spokesperson, Rep.Renee Co (Kabataan Partylist) echoed the call, saying the text of the Joint Circular leaves little room for a different interpretation and that any explanation that contradicts its requirements should come directly from Duterte.
“Mahihirap na makahanap ng justification,” Co said, adding that the prosecution’s invitation for Duterte to personally face the impeachment proceedings remains in place.
“Dahil, as you mentioned, clear po yung black letter law, yung text ng Joint Memorandum Circular. Kung ano man po ang explanation na contravening this text, kailangan po natin marinig kay VP Sara Duterte herself,” Co said.
Under Joint Circular No. 2015-01 governing confidential and intelligence funds, Del Campo said the SDO is responsible for disbursing the cash advance. It also provides that under no circumstance may a cash advance for confidential funds be transferred from one accountable officer to another.
Del Campo said Acosta’s admission showed a direct violation of that rule.
Tolosa said the COA auditor’s testimony left little room for justification under the Joint Circular governing the use and liquidation of confidential funds.
“Nasabi niya, they considered it as an irregularity, as a blatant violation of the rules,” Tolosa said during a press conference. He said the violation was serious enough for the auditor to recommend the immediate issuance of a notice of disallowance.
Tolosa explained that normally, COA first gives an agency an opportunity to explain an audit finding before issuing a notice of disallowance.
“Pero tulad ng sabi niya, dahil napakalinaw na, it’s a clear violation of the joint circular which governs the use and liquidation of confidential funds, diniretsyo na niya na mag-issue ng notice of disallowance,” he added.
However, the prosecution said it was ultimately up to the Senate Impeachment Court to assess the evidence and determine whether the transaction violated the rules and what responsibility, if any, should attach to the Vice President.
The Senate impeachment court is currently hearing testimonies in relation to Article 1, which involves alleged systematic misuse, misappropriation, and irregular liquidation of confidential funds by VP Duterte.
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