By Filane Mikee Cervantes
MANILA – A lawmaker on Monday said alleged irregularities in the handling of confidential funds by the Office of the Vice President (OVP) and the Department of Education (DepEd) could constitute plunder.
During the House Committee on Good Government and Public Accountability hearing, Antipolo 2nd District Rep. Romeo Acop said the funds were withdrawn in massive amounts and encashed quarterly by Special Disbursing Officers (SDOs), who then handed them over to “security officers.”
“Let me remind the public of what is at stake here: It would constitute graft and corruption if public funds are misused or misappropriated or worse if funds are diverted to personal use or benefit. And given the amount we are talking about here, this is clearly plunder,” Acop said.
Acop noted that at the OVP, SDO Gina Acosta encashed PHP125 million per quarter from late 2022 to 2023, while SDO Edward Fajarda encashed PHP37.5 million for quarters at the DepEd.
SDOS testified they did not know how the funds, withdrawn quarterly in massive amounts, were utilized.
“Tila ba sinasadya tayong nililito, nililigaw at pinapagulo ang narrative sa kung ano ba talaga ang nangyari sa OVP at DepEd confidential funds (It seems like there is a deliberate attempt to cause confusion, mislead and muddle the narrative about what really happened with the OVP and DepEd confidential funds),” Acop said.
Irregular liquidation reports
1-Rider Party-list Rep. Ramon Rodriguez said confidential funds were distributed in violation of Commission on Audit-Department of Budget and Management (COA-DBM) Joint Circular No. 2015-001, which mandates strict documentation and accountability.
“Throughout the course of seven hearings, we have brought detail to some long-held suspicions: the confidential funds of the OVP and DepEd had been abused, or malversed, or perhaps, even taken,” Rodriguez said.
“By abused, I mean that the relevant officers of the OVP and the DepEd took advantage of gaps in, and in fact, violated Joint Circular 2015-001. Mahirap po na problema ito — pera po ng taong bayan ang pinag-uusapan dito (This problem is a difficult on — we’re talking about public funds), and unless we are aware of these gaps and violations, the legal regime cannot and will not change for the better,” he added.
Rodriguez pointed out that the SDOs had no knowledge of how the funds were utilized once handed to security officers.
“With them disclaiming knowledge kung saan or kanino ba talaga pumunta ang bawat sentimo ng (of where or whom each cent of) confidential funds (went), they violated a particular responsibility under Item 4.15.1 of the Joint Circular where they are supposed to certify at least two things — na sila ang (that they are) accountable for the disbursements of confidential funds and that the expenses were incurred in connection with the agency’s confidential activities,” Rodriguez said.
Rodriguez also highlighted the preparation of acknowledgment receipts that were often backdated or hastily prepared to justify the disbursements.
“Wala po yata ibang reason dito (I don’t think there’s any other reason) except that the acknowledgement receipts were indeed executed in 2023 and not in 2022, contrary to what the OVP is trying to establish,” he said.
Gutierrez also revealed how the DepEd misused certifications from the Armed Forces of the Philippines (AFP) to account for PHP21.9 million purportedly spent on informants.
Gutierrez further noted that the OVP spent PHP125 million in confidential funds within 11 days in late 2022.
Other potential crimes
Assistant Majority Leader Jil Bongalon cited technical malversation under the Revised Penal Code.
“Simply stated, it means that an accountable officer applies public funds to another purpose. Kahit public purpose pa ‘yan (even if it’s for public purpose), which is different from which they were originally appropriated for by law or ordinance,” Bongalon said.
He also warned that penalties for this offense include imprisonment of six years and one day to 12 years.
Bongalon said the law presumes malversation if an accountable officer cannot explain where the public funds under their care went.
Batangas 2nd District Rep. Gerville Luistro highlighted perjury committed during sworn testimonies.
“Ang lahat ng pagsisinungaling while under oath, we call it perjury (All lies made under oath, we call it perjury),” Luistro said.
Surigao del Sur 2nd District Rep. Johnny Pimentel pointed out the falsification of documents, citing specific cases of fraudulent certifications.
“Public officers knowingly utilized fraudulent records to justify their actions,” he said. (PNA)
