Ombudsman wants COA to file graft raps vs. DBM execs over unreleased funds

Ombudsman Samuel Martires wants the Commission on Audit (COA) to file a graft charge against Department of Budget and Management (DBM) officials over their  failure to release P170 million of COA’s 2020 appropriations.

Martires said this was in violation of COA’s fiscal autonomy provided under the Constitution.

He made the remarks during the budget hearing before the Senate Finance Committee even after COA Chairman Michael Aguinaldo already indicated that the constitutional body was at peace with the DBM’s decision amid the COVID-19 pandemic.

“They are just lucky that we have a very good at mabait na COA Chairman. If I were in the place of Chairman Aguinaldo, I would have filed a case against the DBM Secretary or any of the personnel involved in the budget of COA for the non-release of the P173 million,” Martires said.

“I would have filed a case against them under Section 3E of under RA 3019 which is undue injury,” he added.

Republic Act 3019 is the Anti-Graft and Corrupt Practices Act.

Section 3E of the law states that it is illegal to cause “any undue injury to any party, including the government, or giving any private party any unwarranted benefits, advantage or preference in the discharge of his official administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence.

“This is because this caused undue injury not only to COA but to the Filipino people who expect COA to do its job,” Martires said.

Aguinaldo, however, was okay with the DBM's non-release of the P170-million fund amid the COVID-19 pandemic.

“The P173 million was the augmentation given to us by Congress. It was not released and was actually cancelled. We understand the sacrifice they (DBM) had to make, especially at this time of the COVID-19 pandemic,” Aguinaldo said.

Had it been released, COA has earmarked such amount for local travel,  perimeter fence/land improvement of four Provincial Satellite Auditing Office  PSAOs, construction of five PSAOs, purchase of five service vehicles and purchase of machinery and equipment.

“We will not bother anymore and work with the budget that we have. Ginive up na namin in view of the pandemic. But I agree that it is a violation of fiscal autonomy,” Aguinaldo said.

Senate Finance Committee Vice Chairman and Senator Panfilo Lacson, for his part, said that the government should not always count on the goodwill of the head of constitutional offices like COA and follow the law.

“This should not be a precedent,” Lacson said.

But even without COA’s complaint, the Ombudsman law authorizes the Ombudsman’s office to investigate and prosecute on its own or on complaint by any person “any act or omission of any public officer or employee, office or agency, when such act or omission appears to be illegal, unjust, improper or inefficient.

Back in September 2018, no less than President Rodrigo Duterte has called on local officials to defy "stupid" COA circulars and even asked then Ilocos Norte Governor Imee Marcos to push a COA employee down the stairs. -NB, GMA News