VICE President Sara Duterte may be liable for graft if she cannot justify P73.2 million in intelligence expenses disallowed by the Commission on Audit (COA), and supposed P12.3 billion in similar “disallowances and suspensions” in the Department of Education (DepEd) in 2023.
This is according to House Majority Leader Manuel Jose “Mannix” M. Dalipe who urged the COA to make a final report soon on the questionable disbursements, together with its recommendations.
“More than just allegations of mismanagement, she may be held liable for graft, for possible violation of the anti-graft laws, if she cannot adequately explain and justify the adverse findings, and if the COA does not accept her explanations and justifications,” Dalipe said.
As it is, he said the COA has been asking VP Duterte tor return the P73.2 million disallowed from her spending of P125 million in intelligence funds that were used up in just 11 days, or P11.36 million a day, he said.
Dalipe said the audit commission has been similarly requiring her, as education secretary, and other DepEd officials to allegedly repay the government of P12.3 billion in expenses that were of doubtful legality and validity.
The Vice President served as DepEd secretary at the start of the Marcos administration until she resigned last July 19.
In its audit of the P125-million intelligence fund of the Office of the Vice President, the COA noted several irregularities, including late submission of liquidation reports, irregularities in notarization dates and the failure to submit required accomplishment reports to pertinent offices in a timely manner.
The House leader said the most glaring concern is the unexplained disallowance, which amounts to more than half of the confidential funds used by the OVP in 2022.
“This raises serious questions about the propriety of how these funds were used. The fact that ₱73 million was flagged means that the public deserves answers. If the Vice President’s office cannot explain or rectify these discrepancies, this could lead to more than just administrative penalties. It could point to criminal liability for graft,” he said.
COA’s audit further revealed that the 2023 confidential fund liquidations are still under scrutiny, with two Audit Observation Memorandums (AOMs) issued covering the first three quarters.
Dalipe noted that while no notices of disallowance have been issued yet, the AOMs suggest significant deficiencies that must be addressed to avoid potential disallowances in the future.
The congressman called on relevant agencies, notably COA and Congress, which has oversight power over public funds, to take the audit findings on OVP intelligence funds and DepEd expenses seriously.
He said the audit and investigation of these disbursements should be pursued to their logical conclusion.
“No one, regardless of position, is above the law. If public funds were misused, we owe it to the Filipino people to hold those responsible accountable,” Dalipe stressed.
In calling on COA to make a concluding report accompanied by recommendations, Dalipe pointed out that in the past, the audit commission had submitted its final finding to the Office of the Ombudsman if the case of public officers unable to return suspended and disallowed expenses.
Just recently, he said a town mayor was ordered dismissed by the Ombudsman even if he paid back part of the disbursements deemed unauthorized by COA.
“So I am asking the COA to submit its final report the Office of the Ombudsman and Congress ASAP. It rules should apply to all public officers, regardless of rank,” he reiterated.
Based on its audit report on DepEd for 2023, the last full year VP Duterte headed the agency, the COA issued notices of suspension amounting covering P10.1 billion, notices of disallowance totaling P2.2 billion and notices of charges worth P7.38 million due to “noncompliance with existing laws and regulations.”
The COA said it had required “management,” meaning DepEd officials led by Duterte, to returned the funds and that they had agreed to do so.
“We recommended, and the management agreed, to cause the immediate settlement of the suspensions, disallowances, and charges in accordance with the revised RRSA (Rules and Regulations on Settlement of Accounts),” the COA said in its report.
