HOUSE prosecutor Joel Chua of Manila on Saturday likened the questions surrounding Vice President Sara Z. Duterte’s confidential funds to the central accountability problem exposed by the fertilizer fund scam: whether released public money can be traced to actual recipients, activities and results.
Speaking at the Saturday News Forum at Dapo Restaurant in Quezon City, Chua said the prosecution’s next phase would move from the bank encashments established last Wednesday to the Commission on Audit’s (CoA) examination of the expenditures.
“Magte-testify po ’yung COA. Ito po ’yung sumuri ng confidential fund, kung saan po ginamit,” Chua said.
Article I accuses Duterte of misuse, misappropriation and irregular liquidation of ₱612.5 million in confidential funds—₱500 million under the Office of the Vice President and ₱112.5 million under the Department of Education. Duterte may contest the allegations and present the defense’s evidence before the impeachment court.
Chua said the auditors’ testimony would help determine whether the expenditures complied with the joint government guidelines governing the entitlement, release, use, reporting and audit of confidential and intelligence funds.
“Dito po, titingnan natin kung ’yung paggamit po ay nasa tama ayon sa Joint Circular na inilabas kung paano gagamitin dapat ’yung confidential fund,” he said.
The court previously heard former LandBank branch managers Violeta Constantino and Nenita Camposano testify on four ₱125-million OVP checks and three ₱37.5-million DepEd checks, respectively. Their testimony established the processing and encashment of the checks, but not the cash’s ultimate destination or use.
Asked whether the two colonels referred to during the House hearings must still be summoned to explain what happened to money allegedly handed to them, Chua said their testimony was unnecessary for the specific accountability point the prosecution intends to establish. He argued that confidential funds may be handled only by duly authorized custodians.
“Ito po ’yung hindi na kailangan, dahil the mere fact na inabot mo ’yung pera doon sa hindi naman dapat o awtorisadong humawak ng pondo ng confidential fund, doon pa lang mayroon nang problema. ‘Pag sinabi mong SDO, Special Disbursing Officer, siya ang may tangan, siya ang may pananagutan,” Chua said.
Chua maintained that the agency head and SDO must account for whether the money was spent for the purpose for which it was released. He said the prosecution would scrutinize that issue through succeeding witnesses and documentary evidence.
He then cited the fertilizer fund scam to illustrate the distinction between a legitimate government program and the alleged misuse of money released for that program.
“Alalahanin ninyo ’yung fertilizer scam. May pondo ’yung fertilizer, ’yung programa ng gobyerno. Magandang programa po ’yan. Talaga namang kinakailangan na mayroong programa para sa ating mga magsasaka,” Chua said.
“Pero pag ito po’y naglabas ng pondo at hindi po makita kung saan ginamit—parang ghost, ghost fertilizer,” he added.
Official Senate findings on the ₱728-million fertilizer fund controversy documented massive overpricing and supposed recipients who received no fertilizer. In a separate fertilizer fund case, the Office of the Ombudsman cited fake receipts and certifications showing that no fertilizer was distributed.
Chua’s comparison pointed to the underlying accountability question. A legitimate purpose and the release of funds do not by themselves establish that the money was properly used. The supporting records must still correspond to actual recipients, activities and public benefit.
“Ganoon din po dito. Ito po, may purpose. Kaya po ito binigay, may purpose. Dapat magamit po sa purpose,” Chua said.
He said the prosecution would present additional witnesses and evidence to determine whether deficiencies occurred, while the defense would have the opportunity to challenge the prosecution’s case and offer its own explanation.
“Wala pa po tayong sinasabi, wala pa po tayong hinusgahan. Iyon po ay obligation namin na mapatunayan pa,” Chua clarified.
metrosundaily
