Is DepEd exec Superman? Prosecution asks amid nationwide DepEd confi fund disbursements within one day

Is he Superman?

Private prosecutor Lorna Kapunan posed this question after prosecution witness Xylene del Campo of the Commission on Audit (COA) testified before the Senate impeachment court that the disbursement of the Department of Education’s (DepEd) ₱75 million confidential fund in 2023 was marred by payouts that happened nationwide within the same day.

Del Campo said there were at least three batches of disbursements that happened within the same day as stated by the acknowledgment receipts (ARs) submitted by the DepEd then under the leadership of Vice President Sara Duterte to COA:

• multiple disbursements in Luzon, Visayas and Mindanao all dated February 21, 2023
• multiple disbursements in Luzon, Visayas and Mindanao all dated February 25, 2023 and
• multiple disbursements in Luzon, Visayas and Mindanao all dated dated March 15, 2023

Del Campo said the special disbursement officer (SDO) for DepEd during this time was Eduard Fajarda.

“Superman ba siya? Na nakakalipad siya in several places in Luzon, Visayas and Mindanao sa isang araw? That is why mahaba ang listahan [ng acknowledgment receipts] at naappreciate ng Presiding Officer ang punto natin,” Kapunan told reporters post trial on Tuesday, referring to Senator Francis Escudero.

(Is he Superman? Who can fly to several places in Luzon, Visayas and Mindanao in one day? That is why the list of acknowledgment receipts is long and the presiding officer appreciates our point.)

“Iyong iba nga, walang pangalan, signature lang, and places. Kayo, kaya ninyo lumipad?” Kapunan added.

(Others have no names, only signatures and places. You, can you fly?)

During the trial proper, Del Campo said that disbursements of the DepEd confidential funds happened in Agusan del Sur, Davao City, Negros Occidental, Malolos in Bulacan, Makati City, Laoag City in La Union, Masbate, Loboc in Bohol, Nueva Ecija, Koronadal City in Cotabato, Abra, among others.

Prohibited delegation of duty

Del Campo also cited that Fajarda said during the 2024 House good government and public accountability inquiry that the Vice President asked him to hand over the confidential fund to Colonel Dennis Nolasco for disbursement, an action which violates the Joint Circular 2015-01 governing the use of confidential and intelligence fund.

Del Campo cited Joint Circular 2015-01 Section 6.6.1 which provides that “Cash advances for confidential or intelligence fund should be drawn by duly designated and bonded SDOs or head of agency for the implementation of a program, activity, and project chargeable to the corresponding confidential or intelligence fund of the agency, upon approval of the head of agency” and that “under no circumstance shall it be used for liquidation of the previous cash advance or be transferred from one accountable [officer] to another.”

“Sinabi po ni Mr. Edward Fajarda na SDO ng DepEd na binibigay po niya ‘yung cash advance for confidential fund kay Colonel Nolasco. This is a violation of the Joint Circular, specifically item 6.1.1 na hindi dapat ito transfer from one accountable officer to another,” Del Campo said.

(Mr. Fajarda said that he is giving the cash advance for confidential fund to Colonel Nolasco)

Del Campo said she was present during the said House inquiry since COA was also ordered by the House to testify before the congressional investigation on the budget use of the Office of the Vice President and the Education Department.

During the said 2024 House inquiry, Fajarda told lawmakers that he released ₱4 million to ₱6 million a week in confidential funds to a "security officer" designated by a colonel in the Vice Presidential Security and Protection Group.

Fajarda also told the committee he would withdraw ₱37.5 million from the Land Bank of the Philippines branch at the DepEd and released the funds in weekly tranches to Colonel Nolasco.

“Sa security officer lang po ako nagdi-disburse niyan. Wala na pong iba. Hindi po ‘yan buong ₱37.5 million na ibibigay sa kanya. Mostly weekly po yan. Weekly po. Nagre-range po sa ₱4 million to ₱6 million weekly,” Fajarda said at the time.

(I only disbursed to the security officer, no one else. It's done weekly. The releases range from ₱4 million to ₱6 million.)

“Hindi po kasi ako ang expert diyan. Si Colonel Nolasco po. Siya po kasi ang gumawa niyan,” Fajarda added.

(I'm not an expert in that area. It was Colonel Nolasco. He's the one in charge.)

Intentional act

Kapunan, in a post-trial interview, also that it was clear that the Vice President intentionally violated the rules on the use of confidential funds.

“The Joint Circular is clear. The disbursing officer should disburse the confidential fund. The Vice President’s instruction on disbursing officers to give them to Colonel so and so is a violation. She knows [it is a violation] because she herself is a lawyer,” Kapunan said.

“She is the accountable officer. You cannot argue that she was not the one who received the confidential funds, and that it should be Fajarda or Gina Acosta [who is the disbursing officer for OVP]. Huwag naman ilaglag ng Vice President ang kanyang mga tao (The Vice President should not throw her staff under the bus),” Kapunan added. — RSJ, GMA News