Defense: OVP Spending P125 Million In 11 Days Not Illegal
Defense lawyer Michael Poa said the Commission on Audit’s findings were just preliminary and did not conclude misappropriation of the Office of the Vice President’s confidential funds.
The defense team maintained that there is no prohibition under Commission on Audit (COA) regulations that prevents Vice President Sara Duterte from spending P125 million in confidential funds in just 11 days.
During cross-examination of the prosecution witness, state auditor Roderick Wamil, defense counsel Michael Poa cited the provisions of Joint Circular No. 2015-01 on the use of confidential funds.
“Is there a provision that prohibits using it in 11 days?” Poa asked Wamil.
“There is no provision. That’s why we did not include the 11 days disbursement in our findings. It’s just a statement of fact,” Wamil replied.
Wamil, formerly with the COA intelligence and confidential funds unit, testified before the Senate court on the failure of the Office of the Vice President (OVP) to comply with COA regulations on the utilization and liquidation of confidential funds.
Poa stressed that the COA findings did not prove there was misappropriation on the use of confidential funds totaling P500 million.
“Actually, the presumption of misuse is in item 8.3, that if the failure of liquidation of the accountable officers upon due demand shall be a prima facie evidence that such one has been put to personal benefit or misuse,” Wamil told the court.
Poa added that the COA findings did not state that the Vice President pocketed even a single centavo of her confidential fund.
“Basically, your findings were just preliminary. There was no conclusive finding as to any misappropriation,” Poa noted.
He added that as state auditor, the findings of Wamil were just recommendatory.
“You don’t decide, especially when it comes to notice of disallowance. Is it correct?” Poa asked.
“Yes, sir. It’s the function of the commission proper,” Wamil said.
Meanwhile, Poa presented a document from the Department of Budget and Management (DBM) entitled Special Allotment Release Order dated Dec. 22, 2014 covering confidential activities.
“I just wanted to put that on record because there were many posts on social media that among the vice presidents, it was only Vice President Sara Duterte who has confidential funds,” Poa noted.
At the same time, Poa also presented a document entitled Commission on Audit Circular No. 92-385 dated Oct. 21, 1992.
Poa noted that under the 1992 COA circular, “intelligence and confidential activities by their very nature are highly sensitive and confidential operations or missions, the details of which cannot be divulged without posing a threat to national security or to the success of the mission.”
He added that the 1992 circular stated that “the use of intelligence and or confidential funds requires an approach allowing more flexibility in intelligence operations.”
Marking opposed
The defense team also opposed the marking of the affidavit of former police officer Arturo Lascañas after it was included as evidence by the House prosecution team.
During her manifestation, defense lead counsel Sheila Sison said the unsigned affidavit of Lascañas should not be part of the pieces of evidence submitted to the impeachment court.
