COA flags Leni-led OVP over hiring of private lawyer; Robredo spox clarifies

The Commission on Audit (COA) has flagged the Office of the Vice President (OVP) under Leni Robredo for hiring a private lawyer as a consultant without the needed approval from the Office of the Solicitor General (OSG).

In its audit report on the OVP for 2021, state auditors said a review of the individual contract of services revealed that OVP engaged the services of a private lawyer as Executive Consultant for Legal Affairs despite having its own legal officers.

"Inquiry disclosed that OVP did not secure the written conformity and acquiescence of the OSG as well as the written concurrence of COA, in violation of the COA rules," COA said.

It added that the contracted legal services "can be handled by OVP's legal officers."

"As  such the hiring  of a legal consultant  is not justifiable," COA said.

COA said that while its Circular No. 2021-003 dated July 16, 2021 exempts government agencies from the requirement of COA's prior written concurrence  subject to specific conditions, the written concurrence is still required for legal consultants if the consultancy fee of the lawyer, including other remunerations and allowances, does not exceed P50,000.00 per month.

"In view of the lack of the written conformity and acquiescence of the Solicitor General and the written concurrence of  COA, and despite having legal officers, payments made to the legal consultant are considered irregular and unnecessary expenditures," the Commission said.

Robredo camp responds

In response, Robredo's camp said on Wednesday that the COA has granted its appeal concerning the hiring of a private lawyer as consultant.

"The initial finding was premised on the hiring of a lawyer as consultant without authorization from the Office of the Solicitor General as required under a pertinent COA circular. The matter was appealed by the OVP to the COA on May 27, 2022 and the appeal was granted on  June 29, 2022," Ibarra Gutierrez, Robredo's spokesperson, said.

Gutierrez said the granting of the appeal "effectively lift[ed] the Notice of Disallowance, considering the absence of bad faith, malice or gross negligence in the transaction. It is now currently undergoing automatic review by the Commission."

In its appeal, Gutierrez said the OVP maintained that the consultant was engaged and worked primarily as a key adviser on policy matters and not as a lawyer, and therefore should not be covered by the COA circular. 

"Upon assumption of VP Robredo in 2016, a written request was already made to the Office of the President (OP) to establish positions for a core group of policy advisers, including the consultant in question. OP never acted on the request," he said. —KBK, GMA News