Senate panel defers OSG budget over questions on Calida's allowances, funds

A Senate committee on Monday deferred deliberations on the Office of the Solicitor General's (OSG) proposed P1.116-billion budget for 2021 over questions on how the agency intends to spend its funds.

Senator Francis Tolentino scrutinized the OSG's confidential funds, travel budget, allowances received by Solicitor General Jose Calida, and the agency's expenses on activities that the senator said are beyond its mandate.

There was no objection to his motion for the deferral of the deliberations until the OSG submits the documents he requested.

Calida did not attend the hearing. Senator Sonny Angara said the solicitor general was advised by his doctor to rest for five days.

Confidential funds, travel budget

For one, Tolentino said that the Commission on Audit (COA) has flagged the OSG for the alleged improper use of confidential funds.

The senator said that the OSG's confidential funds are "not pursuant to Joint Circular No. 2015-01 of the DBM," or the guidelines on the entitlement, release, use, reporting and audit of confidential and/or intelligence funds.

"And that joint circular specifically states that it should be for national security and peace and order only. And now you're referring to capex (capital expenditure)," Tolentino said.

The Department of Budget and Management has proposed P19.2 million in confidential funds for the OSG for 2021.

Assistant Solicitor General Henry Angeles, who represented the OSG at the hearing, said they are requesting the DBM to reallocate the intended confidential funds as capital outlay for the improvement of the OSG building in Makati.

Tolentino also zeroed in on the OSG's travel budget — for 2021, the OSG is proposing P21.499 million for travel. "Kasagsagan pa ho next year ng COVID-19, saan naman po tayo magfo-foreign travel?" he asked.

Again, Angeles said the OSG is asking the DBM to realign the travel funds to capital outlay.

Allowances

Tolentino also said that Calida has "defied" a 1985 COA circular that dictates allowances should not exceed 50% of a government official or employee's annual salary.

Calida earned P16.9 million in 2019, making him second only to former United Coconut Planters Bank (UCPB) president Higinio “Joey” Macadaeg Jr. in the list of government officials who got the highest amount of salaries and allowances that year.

Angeles said Calida receives allowances from government agencies that the OSG represents.

But Tolentino said: "Apparently there is a disconnect here, COA has been asking you not to raise that more than 50%, and apparently, the solicitor general has defied the COA memorandum or circular."

Angeles replied the COA's findings started years before Calida became solicitor general and had been appealed to the commission. He said the appeal is still pending.

Tolentino also said he has heard complaints from OSG lawyers that allowances are only given to Calida's "favorites."

"I look at this Mr. Chair as an arbitrary distribution of funds by the solicitor general," the senator said. "I don't question the distribution to our lawyers who should be receiving that, likewise, kaya lang 'yung pagpili, sino 'yung tatanggap ng ganun kalaki, it's largely within the discretion of the solicitor general." 

Tolentino said he hopes this could be done transparently.

Role in preliminary investigation

The OSG's participation in preliminary investigations also figured in the discussion as Tolentino raised that the agency may be spending for tasks outside its mandate.

Tolentino said he believes the OSG is only empowered to represent the government in cases that are on the appellate level — not as early as the preliminary investigation before the Department of Justice.

But the OSG, invoking its role of the "tribune of the people," represented the police Criminal Investigation and Detection Group in the preliminary investigation of a sedition complaint against opposition figures, including Vice President Leni Robredo.

Lawyers for Robredo and the other respondents had questioned the OSG's participation then, but prosecutors said they did not have the authority to disqualify the OSG from the proceedings.

Angeles said he is not sure which preliminary investigations the OSG has joined.

"So there is no basis at all," Tolentino said. "There should be no basis likewise for the expenditures emanating from government funds because the government now is spending for your preliminary investigations, fact-finding activities, which is outside the mandate of the Office of the Solicitor General and should not be funded at all by the government."

The senator asked Angeles to submit a report to the committee on such activities of the OSG.—AOL, GMA News