Solons question legality of creation of PAO’s forensics lab

Lawmakers on Thursday questioned the legal basis of the creation of a forensics laboratory at the Public Attorney's Office (PAO) that conducted autopsies on the bodies of children who supposedly died due to the Dengvaxia vaccine.

During the budget presentation of the Department of Justice before the House Committee on Appropriations, at least three lawmakers quizzed PAO chief Persida Acosta on the legality of the PAO Forensic Laboratory.

Albay Representative Edcel Lagman, for one, asked Acosta whether the forensics laboratory was included in the organization structure of PAO under RA 9406 or the PAO Law.

Acosta said that the PAO Forensic Laboratory was created by former Budget Secretary Benjamin Diokno on January 14 this year, to be housed under the Office of the Chief Public Attorney. The Department of Budget and Management also gave and authorized them eight plantilla positions.

Prior to January 14, 2019, Acosta said the forensics laboratory was merely a room inside PAO's office where "volunteer forensic experts meet, analyze and examine forensic cases."

She added that Dr. Erwin Erfe, PAO's forensics chief, was authorized in 2004 by then-Budget Secretary Emilia Boncodin to "assist PAO in the interpretation, presentation of forensic and medico-legal cases."

But Lagman said the creation of a public office can only be created by an act of Congress, and a budget secretary cannot create an office through an approval of plantilla position.

"There has to be a congressional enactment for the creation of an office. So, there is varied question as to the legal basis of the PAO's Forensic Laboratory or the funding of such laboratory because it is not created by Congress as a public or government office," he said.

House Minority Leader Benny Abante Jr. also pointed out that the National Bureau of Investigation (NBI) has its own forensics office, but Acosta said what the PAO handles are torture cases.

This led Abante to ask NBI chief Dante Gierran if they can also handle torture cases, to which the latter replied, "Kayang-kaya."

Magsasaka party-list Argel Cabatbat then quizzed Acosta on whose authority was the creation of a government office delegated.

"So far, ang naririnig ko ay there is an implied delegation of power to create the PAO Forensic Laboratory. My concern is what would prevent the good chief public attorney from creating similar offices or divisions?" he said.

But Acosta insisted that she did not create any position in her office.

"To set the record straight, I myself as chief public attorney did not create any position. I did not create any division in the Public Attorney's Office. It is the DBM [Secretary] as an alter-ego of the President was the one who created the plantilla positions for our Forensic Laboratory Division to be housed or lodged at the Office of the Chief Public Attorney," she said.

"I myself did not abuse my authority because I did not create any office or any division or any plantilla item in our office. So, I'm now thinking why some are confused. I didn't create any," she added.

The DOJ has proposed a budget of P21.754 billion under the 2020 National Expenditure Program, up by 0.68% from its P21.607-billion appropriations for the current year.

Of this figure, P4.2 billion is allocated to the PAO. — BM, GMA News