HEADLINE-COURTS & CRIME |’Manila- Office of the Vice President-OVP should return confidential funds’
Petitioners on November 7, 2023 file a petition against the Office of the Vice President’s (OVP) “unconstitutional” spending of its P125-million confidential funds.
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SC asked: Declare Sara’s secret funds unconstitutional
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(UPDATE) THE Supreme Court on Tuesday was asked to declare as unconstitutional the transfer of P125 million in confidential funds to the office of Vice President Sara Duterte.
A petition filed by legal and economic experts led by former Finance undersecretary Maria Cielo Magno and lawyer Barry Gutierrez, the spokesman for former vice president Leni Robredo, asked the tribunal to order the return of the money to the government treasury.
“It is most respectfully prayed that this Honorable Court declare the transfer of the amount of P125 million to the Office of the Vice President (OVP) as unconstitutional and that the Office of the Vice President be ordered to return the money to the government’s treasury,” the petition read.
Memento Maxima Digital Marketing“Other reliefs that are just and equitable under the premises are likewise prayed for,” it added.
Aside from Magno and Gutierrez, the petitioners include former Commission on Elections (Comelec) chairman Christian Monsod, former Commission on Filipinos Overseas chairman Imelda Nicolas, law professor Katrina Monsod, lawyer Ray Paolo Santiago, Honorio Poblador 3rd, former Comelec commissioner Augusto Lagman, Vicente Romano, Rex Drilon and Miguel Jugo.
The Commission on Audit earlier confirmed that the OVP spent the controversial P125-million confidential funds in 2022 in just 11 days.
The petitioners argued that the transfer of confidential funds to the OVP was a “clear usurpation of the power of Congress.” They added that the transfer of funds from the national budget to the OVP is an exercise of legislative power and that Congress decides how the budget will be spent, including on what programs or activities the money will be used.
“Verily, the appropriation done by the DBM (Department of Budget and Management) is a clear usurpation of the legislative power of the Congress of the Philippines to create and fund an item that has not been done so by the Congress itself,” the petitioners said.
They maintained that the confidential funds do not fall under the funding allowed by the contingent fund and that there was no allocation for the OVP’s confidential funds in the first place.
“Clearly, the transfer from the Contingency Fund of the Office of the President to an inexistent ‘Confidential Fund’ is invalid, much less having a valid purpose for the said unlawful transfer,” they said.
The Office of the President (OP) approved the transfer, and the funds were released by the DBM.
The OP earlier pointed out that it has the power “to approve releases to cover funding requirements of ‘new or urgent activities or projects that need to be implemented or paid'” under Special Provision 1 of the 2022 General Appropriations Act (GAA).
Special Provision 1 of the 2022 National Budget says that contingent funds should be released only upon the approval of the OP.
However, the petitioners said that this provision was not a permission for Congress to delegate its legislative power to the OP.
“The appropriation by executive fiat in clear violation of the legislative intent does not fall under the delegated legislative power under Special Provision No. 1 of the Contingent Fund in the GAA for FY (fiscal year) 2022.” In a press briefing, Santiago said the “purely legislative act cannot be dedicated to the executive department.
“The only thing the executive department can do is follow the instructions of the law,” he added. “The executive department has no discretion to create another budget item.” Duterte said she “wholeheartedly accept” the filing of the case.
In a video statement released on Tuesday, the vice president said they are willing to discuss the legality of the fund transfer in the Supreme Court.
“We hope that the wisdom of the Supreme Court will pave the way to end this discussion,” Duterte added.
She also called on everyone to focus on increasing the quality of education and protect learners, and Department of Education personnel against threat and abuse.
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