OVP's P129-M confidential fund payments lack documentary evidence, COA witness says

The Office of the Vice President (OVP) Sara Duterte did not submit documentary evidence for payments to the recipients of at least P129 million out of its P250-million confidential fund allocation for the first and second quarters of 2023, a witness from the Commission on Audit (COA) testified Tuesday.

Lawyer Roderick Wamil, a former state auditor of the COA - Intelligence and Confidential Funds Audit Office (COA-ICFAO), made the testimony as a witness for the prosecution during Day 12 of Duterte's impeachment trial.

"For the accomplishment report for the period February 6 to March 29, 2023 on provision for medical and food aid [using confidential funds], the OVP spent P42 million. Based on the accomplishment report for April 25 to June 30, 2023, the office spent money for the provision of medicine and food, amounting to P40 million and P82 million. No attachments were provided," Wamil said in a mix of English and Filipino when asked by private prosecutor Lorna Kapunan if the OVP submitted any documents showing that payments were indeed made for medical or food supplies.

Wamil said the OVP used P15 million of its confidential funds as payment of rewards from February 6 to March 29, while another P12 million was also used as payment for rewards from April 25 to June 30, 2023.

"Our findings or observations include, first the OVP did not submit documentary evidence of payments [for the recipient of its confidential funds] for the 1st and 2nd quarters of 2023. Secondly, based on their accomplishment report, payment of rewards is indicated, by the the OVP did not submit any document evidencing the success [of gathering information], which is in violation of the Item 4.8.5 of the 2015 Joint Circular," Wamil also said in a mix of English and Filipino, referring to a 2015 Joint Circular governing the use of confidential and intelligence funds.

"The Item 4.8.5 of the Joint Circular requires documents evidencing the success of the information gathering or surveillance activities. But since the OVP did not submit those documents, (the payment of rewards did not comply with the requirements) of the Joint Circular. What we are looking for is that there should be causal link between successful surveillance activity or information gathering and the information given by the informer as required by the Joint Circular," Wamil added.

Wamil told the Senate impeachment court that the OVP did not submit documentary evidence if another P20 million worth of confidential funds disbursed in two batches—February 6 to March 29, 2023 and April 25 to June 30, 2023—were indeed used to pay for incentives for traveling relative to confidential operations.

"There were no attachments [of documents] submitted by the OVP," Wamil said when asked by private prosecutor Lorna Kapunan if the OVP submitted receipts or any attachments to prove that it disbursed P20 million for its intended purpose.

Further, Wamil said the OVP also used its 2023 confidential fund allocation for the first and second quarters for purchase of medical and food aid and payment of incentives for traveling relative to the confidential operations.

"These do not fall among those enumerated under item 4.8 of the 2015 Joint Circular [where the confidential fund should be used]. Thus, the same should not be charged against the confidential fund of the agency," Wamil said.

Wamil said the OVP received P125 million worth of confidential fund for the first quarter of 2023, and another P125 million of confidential fund for the second quarter of 2023.

In addition, Wamil testified that another P125 million of confidential fund for the third quarter of 2023, although the Senate impeachment court did not allow Wamil to testify on the third quarter allocation because he was not longer with the COA’s ICFAO unit when the audit of the third quarter P125-million confidential fund allocation was finished.

Wamil is a prosecution witness for Article 1, which accuses the Vice President of committing impeachable offenses due to systematic, misappropriation, and irregular liquidation of confidential funds amounting to P500 million released to the OVP and P112.5 million released to the Department of Education (DepEd) during her tenure as Education chief. — VDV, GMA News