The Supreme Court has recently issued a directive to Vice President Sara Duterte and other government officials in response to a petition that questions the constitutionality of the transfer of P125 million in confidential funds to the Office of the Vice President (OVP). The Court en banc also ordered Executive Secretary Lucas Bersamin and Budget Secretary Amenah Pangandaman to provide their comments on the petition, which was filed by legal and economic experts, including former Commission on Elections chairman Christian Monsod, former Finance undersecretary Maria Cielo Magno, and lawyer Barry Gutierrez, the spokesperson for former vice president Maria Leonor “Leni” Robredo.
The respondents have been given a deadline of 10 days to submit their comments to the Court. The petitioners are also seeking the return of the funds to the government treasury, arguing that the transfer of confidential funds to the OVP constitutes a clear usurpation of power by Congress.
The petitioners further contend that the transfer of funds from the national budget to the OVP is an exercise of legislative power, and that it is Congress’s prerogative to determine how the budget should be allocated and spent. They argue that the OVP’s confidential funds do not fall under the contingent fund, and that there was no initial allocation for such funds in the first place.
The Office of the President (OP) approved the transfer, and the funds were subsequently released by the Department of Budget and Management. The Commission on Audit (CoA) has already confirmed that the OVP spent the controversial P125 million in confidential funds in just 11 days in 2022.
The OP has cited its authority to approve releases for new or urgent activities or projects that require implementation or payment, as stipulated in Special Provision 1 of the 2022 General Appropriations Act (GAA). According to Special Provision 1 of the 2022 National Budget, contingent funds should only be released with the approval of the OP.
In addition to the aforementioned petition, another petition was filed before the Supreme Court on November 15. This second petition, led by retired senior associate justice Antonio Carpio, seeks to nullify Executive Order 2 and CoA Joint Circular 2015-01, which authorize the use, transfer, and disbursement of confidential funds.
These petitions raise important questions about the allocation and utilization of confidential funds in the government. The Supreme Court’s directive to the respondents underscores the significance of addressing these concerns and ensuring the proper exercise of power and allocation of public funds.
As the case progresses, it will be interesting to see how the Court deliberates on the constitutionality of the transfer of confidential funds to the OVP and the validity of the executive orders and circulars that govern the use of such funds. The outcome of this case will have implications not only for the Office of the Vice President but also for the broader understanding of the separation of powers and the proper allocation of public funds in the Philippines.
It is important for the Court to carefully consider the arguments presented by both the petitioners and the respondents, taking into account the relevant laws and legal principles. This case serves as a reminder of the vital role played by the judiciary in upholding the rule of law and ensuring the proper functioning of the government.
As the legal proceedings unfold, it is crucial for the public to stay informed about the developments in this case. The outcome will not only impact the Office of the Vice President but also have broader implications for the accountability and transparency of government spending, as well as the balance of power between the executive and legislative branches.
Source: The Manila Times
