Defense: Notice Of Disallowance Issued To OVP Not Final

The defense team maintained on Tuesday, Aug. 11, that the Commission on Audit’s notice of disallowance involving the confidential funds of Vice President Sara Duterte is not yet final, saying they have until October to file a motion for reconsideration of the COA report.

At a press conference, defense spokesman Michael Poa pointed out that under COA rules, the Office of the Vice President (OVP) has at least 180 days to appeal the ruling.

“I believe we are still within the 180-day period. I can’t give the exact date, but I think it’s around October, the expiration of the 180 days. So it’s not because the OVP didn’t respond, but because it’s still in the period within which the OVP can respond,” Poa said.

COA supervising auditor Xylene del Campo returned on Tuesday to testify on the P612.5-million confidential funds of Duterte.

The OVP received four confidential fund releases of P125 million each, totaling P500 million, between the fourth quarter of 2022 and the third quarter of 2023.

Separate funds totaling P112.5 million were released to the Department of Education (DepEd) while Duterte concurrently served as education secretary.

“So, there are remedies, there are still steps that the agency can take even though there is a notice of disallowance to appeal. Of course, the purpose of that is to overturn the notice of allowance of the ICFAO (Intelligence and Confidential Funds Audit Office),” Poa added.

He added that during the impeachment hearing, it was revealed that the DepEd has a credit notice.

“Obviously, that’s not something that was being highlighted even by the media. But that’s the fact that I think it was Aug. 9, 2024 when DepEd received its credit notice,” Poa said.

He noted that Del Campo testified that the credit notice may be reopened.

“Meaning, even if the account has been settled, it may be reopened. So, let’s see what will happen with this credit notice because I noticed that emphasis was also being made if a credit notice can be reopened. But for us now on the part of the defense, at least it has been categorically announced that DepEd has a credit notice for the first and second quarters on the use of confidential funds,” Poa added.

A credit notice, Poa explained, means that after COA evaluation, the use of confidential funds that occurred remains allowed in audit.

“Meaning they saw no issue with the use of confidential funds,” he said.

Competence

During Tuesday’s hearing, the defense also questioned Del Campo’s competence, with counsel Kristine Ferrer saying the authenticity of the exhibits presented by the COA auditor has to be decided upon by the impeachment court.

“With regard to the identification of the witness of the exhibits, that goes into the witness’ competence. We did not stipulate here in open court that the witness is competent to identify the exhibits. We do not know the COA official,” Ferrer said.