Drilon: Possible ‘malversation of funds’ in TESDA transfer of P160M to NTF-ELCAC must be settled

The alleged malversation of funds raised by the Commission on Audit (COA) over the Technical Education and Skills Development Authority's (TESDA) P160-million fund transfer to the government's anti-insurgency task force must be settled to avoid the Ombudsman's possible action on the agency, Senate Minority Leader Franklin Drilon on Tuesday.

During Senate budget deliberations on TESDA's proposed 2022 budget, Drilon raised COA audit findings indicating that TESDA could be liable for technical malversation of funds for channeling P160,083,401 funds to implement the programs under the National Task Force to End Local Communist Armed Conflict (NTF-ELCAC) without legal basis.

In response to Drilon, Senator Joel Villanueva, quoting TESDA Secretary Isidro Lapeña, said the audit finding is already being "corrected"  with COA.

He added that TESDA cited its Circular No. 11 series 2020—which gives guidelines for TESDA's scholarship programs, which supported programs of NTF-ELCAC under Executive Order 70—as legal basis to support the fund transfer.

"In support of the National TESDA Plan, strategic plan for social equity and poverty reduction, the provision of TESDA's programs and services, particularly scholarship programs to special clients, have been given priority. As such, in TESDA circular no. 11 series 2020 dated January 23, 2020 or Omnibus guidelines for TESDA scholarship programs for special clients," Villanueva, chairman of Senate committee of Higher, Technical and Vocational Education, told Drilon.

"The above mentioned guidelines also included the implementation of a special skills training program which was established in support of EO 70 to address the needs of indigenous peoples and former rebels and commission combatants of MILF [Moro Islamic Liberation Front]," he added.

However, Drilon said the COA still found the TESDA circular insufficient because the circular was already issued when the P160 million was released to NTF-ELCAC.

"If it was already there obviously, COA did not find it to be a sufficient basis. Because the withstanding circular no. 11 is still flagged and that P160 million has been released without any basis," he said.

Drilon further pointed out that even as the circular was already issued, COA still bared that "there is basis for very serious criminal offense of malversation of public funds" in the fund transfer to NTF-ELCAC.

Citing TESDA's response, Villanueva said the agency is communicating with COA to show documents that will clarify the questioned fund transfer.

Villaneuva added that TESDA is awaiting a verbal commitment from COA to come up with a "joint rejoinder" on the matter.

A puzzled Drilon then asked about the so-called rejoinder, as he stressed that COA will "disallow" the P160-million fund transfer because of the TESDA lack of authority or lack of basis to do the channeling of funds.

Saying that there is no disallowance yet, Villanueva explained that COA will make a rejoinder to give its opinion on TESDA's explanation on the legal basis for the fund transfer.

"There is no disallowance yet, it is just being flagged and that COA audit team rejoinder will come up with a report in the coming days. They just don't know the timeframe and according to them it is being corrected and that COA agreed with the presentation of documents from TESDA's finance committee," Villanueva pointed out.

Drilon was still alarmed over COA's observation, adding that the Ombudsman must look into the possible malversation of funds by the TESDA.

"You know, I do not see this kind of warning very often. This is punishable under Article 220 of Revised Penal Code for technical malversation and I would strongly suggest that this matter be settled in order that the Ombudsman will not take it up in technical malversation against the management," said Drilon.

Reacting to this, Villanueva said TESDA will secure a clarificatory issuance from COA which will be submitted to the office of Drilon.

Drilon then responded: "We leave it at that. At this point, we will just await this COA clarificatory rejoinder." — BM, GMA News