Zubiri wants COA to resolve VP Sara appeal on confi funds, Chiz says not mandatory

Senator-judge Juan Miguel Zubiri on Wednesday urged the Senate impeachment court to ask the Commission on Audit (COA) to inform the senators of its findings on the two notices of disallowance (ND) it issued to Vice President Sara Duterte's office concerning OVP’s use of P500 million in confidential funds.

“Can this court make representation with the COA? If possible, during the duration of this trial, so that we may be guided as judges…can they make their finding already with finality? Who knows? They may say, wala naman nangyaring kalokohan [no funny business happened], this Article will be over,” Zubiri said.

The impeachment trial is currently tackling Article 1 of the four Articles of Impeachment lodged against Duterte, covering the alleged misuse of P612.5 million in confidential funds: P500 million from the Office of the Vice President and P112.5 million from the Department of Education.

An ND is issued when an expenditure is “either irregular, unnecessary, excessive, extravagant, or unconscionable" and orders the concerns agency to return such amount to government coffers.

EXPLAINER: What is a notice of disallowance?

“Then if they say there are [indeed] glaring violations, then us Senator-judges will also be clarified if there is misuse of funds. May we appeal to the Commission on Audit? Can they already come out with finality on this issue so that we may be guided by the arbiter, the final arbiter, when it comes to issues of misuse of funds?” Zubiri added.

Senate impeachment court presiding officer Francis Escudero responded that the court has no authority to compel the COA, an independent constitutional office, to make a final ruling on a timeline set by the impeachment court.

Further, Escudero, a lawyer, said pending COA findings do not prohibit the impeachment court from trying and deciding on an impeachment case.

“There are cases decided by the Supreme Court to the effect that a final determination of COA is not necessary for a case to be heard and tried. So this does not preclude the impeachment court, if at all, from deciding based on available evidence in regard to the Articles of Impeachment before us,” he said.

Zubiri, however, said it is hard to make a decision pending COA’s final findings.

“It is very difficult sometimes to make a decision without the final decision made by the COA,” he added.

Escudero noted Zubiri’s manifestation to close the discussion.

One with COA finality, one under appeal

One of the two NDs issued by COA, however, is already final.

The COA issued an ND on the OVP’s use of its P73-million confidential fund allocation in 2022, a decision that COA upheld with finality this year, ordering the OVP to return the amount to public coffers.

Likewise, COA also issued an ND on OVP’s entire P375-million confidential fund spending in 2023, given that then OVP special disbursing officer Gina Acosta delegated the disbursement of the P375 million to OVP Security Officer and Colonel Raymund Lachica, a transfer of authority that is prohibited under the 2015 guidelines on the use of confidential and intelligence funds.

The same ND issued for 2023 spending said that Duterte, Acosta (who acted as the SDO and payee of the cash advances and responsible for the disbursement of the confidential fund), OVP Chief Accountant Julieta Villadelrey (who certified that supporting documents were complete and proper) and Lachica (who received the cash advances for confidential expenses even though he is not an SDO) are liable for the issuance of disallowance.

In addition, the ND issued on the P375-million OVP confidential fund spending flagged the OVP’s usage of the confidential fund as reimbursement, an action that is also prohibited under the 2015 guidelines on the use of confidential and intelligence funds.

Prosecution witness and state auditor Xylene del Campo testified the surveillance and confidential activities conducted by the OVP from January 2 to 10, 2023 were used to justify the disbursement of the OVP’s 2023 confidential fund allocation which it only received on February 6, 2023 or way later than the dates when the confidential activities occurred.

OVP has appealed the 2023 ND, and COA is yet to rule on such appeal.

Prosecution witness and COA auditor Roderick Wamil, however, testified before the Senate impeachment cour that the ND issued by COA with finality is enforceable unless the Supreme Court issues a Temporary Restraining Order against it. — BM, GMA News