VICE President Sara yesterday again disrespected the House of Representatives by defying its rules and traditions when she refused to take an oath at the start of the hearing of the House Committee on Good Government and Public Accountability on her office’s use of confidential funds in 2022.
As the hearing commenced, the committee secretary asked all the invited resource persons from the Office of the Vice President (OVP), Department of Budget and Management (DBM), and Commission on Audit (COA) to rise to be sworn to tell the truth to the panel on the subject matters of the hearing.
But before the guests could take their oaths, Duterte asked panel chair Manila Rep. Joel Chua if she also has to take the oath as a resource person.
The Vice President said she should not be required to take her oath and cited the committee’s rules on inquiries in aid of legislation, under which, she said, only witnesses are required to take the oath. She said she is not a witness but a resource person.
Chua explained that it is the practice in House hearings that witnesses are considered resource persons and asked to be sworn to tell the truth and nothing but the truth during the proceeding.
The same procedure is implemented in all hearings at the Senate.
Pampanga Rep. Gloria Macapagal-Arroyo, a former president and staunch ally of the Vice President, supported the Vice President’s stand, citing a Supreme Court ruling and a Senate precedent under which she said a witness is given more protection than a resource person since the former may find himself or herself as an accused.
Bukidnon Rep. Jonathan Keith Flores however said no person invited to the hearing as a resource person could be classified as an accused yet, especially since the panel has just started the hearing.
In an interview with reporters after she was excused by the House panel and allowed to leave, Duterte said: “Yes (I did not take the oath and), rightly so. Kasi nagpadala sila ng rules at pinag-aralan ko ‘yung rules nila. Nakalagay doon sa rules nila na witnesses lang yung mago-oath. E, paulit-ulit na sinabi kanina na resource person ako (Because they sent me a copy of their rules and I studied it. It states that only witnesses will take an oath. They repeatedly said that I am a resource person).”
“So, sabi ko, bakit naman ako mago-oath na resource person ang sinabi sa akin. Malaki po ang pinakaiba ng witness at resource person,” (So, I said, Why would I take oath when I am told that I;m a resource person” There’s a huge difference between a witness and a resource person),” Duterte, a lawyer, added.
Rep. Raoul Manuel (PL, Kabataan), a member of the militant Makabayan bloc, later pointed out during the hearing that even former president Joseph Estrada and the late former presidents Fidel Ramos and Benigno Aquino III took their oaths when they were invited as resource persons during congressional inquiries.
“Even ‘yung mga former presidents nga po, Mr. Chair, like former President Ramos, or President Estrada, former President Noynoy Aquino ay dumalo nung inimbitahan din sila ng mga legislative inquiry at nag take po sila ng oath (took their oaths when they were invited to attended legislative inquiries),” Manuel said. “So, I think, again, we can let the Filipino people judge kung ano ba talaga ang performance ng niluklok nating mga opisyal sa pamahalaan (what really is the performance of the officials we elect).”
2028 PRESIDENTIAL RUN?
In her opening statement, the Vice President slammed what she said was an orchestrated attack against her, alleging that that the real objective of the House is to discredit and impeach her and to diminish her chance in the 2028 presidential elections.
“What we are witnessing now is no ordinary legislative inquiry. This exercise is well funded and coordinated political attack. This much is evident on the very word of the privilege speech that prompted the inquiry. A speech that simply mean to say, ‘Do not vote Sara on 2028,’” she said.
The Vice President continued: “So you’re trying to destroy me. You can skin me alive and throw my ashes to the wind but let it be known, you will find me unbowed. I’ll continue to serve the Filipino no matter the cost or political intrigue. Having said that, I will not be allowed to be subjected in inquiry based on an empty privilege speech just so you can attack me and do indirectly what you fail to do directly during the budget hearings.”
She said she was not disrespecting the House as an institution and said that “all I am saying is that you all have the freedom to do whatever you wish regarding the OVP budget.”
“If you feel that all the documentary submission is not enough, by all means kayo ang magbigay ng budget (you decide how much budget will be given). Sa totoo lang hindi naman ang budget ang puntirya ninyo dahil nakapadali naman magtanggal ng budget (The truth is, the budget is not your target because it’s so easy to remove it),” Duterte said.
She added: “What you are trying to do is to make a case for impeachment. Hindi naman ako kakandidato sa nalalapit na eleksyon. Ang ginagawa ko lamang ay pagtupad sa aking oath of office at campaign platforms (I’ll not join the upcoming midterm elections. I’m just being true to my oath of office and campaign platforms).”
The Vice President has been at loggerheads with congressmen for her refusal to answer questions during the budget hearings on the OVP’s proposed budget for 2025.
After her opening statement, a defiant Duterte maintained that there was no misuse of public funds despite the Notices of Disallowance (NDs) issued by the COA.
Duterte said she appeared before lawmakers as the newly authorized representative of all officials of the OVP “simply because we have not done anything wrong.”
“There is no misuse of funds. If there are audit findings, we will gladly respond to them before the Commission on Audit. And if there are legitimate cases to be filed, then we will gladly respond to them before the appropriate courts in relation to this,” she said.
She then asked Chua to terminate the hearing, which was prompted by a privilege speech delivered by Manila Rep. Rolando Valeriano last September 3, which also tackled the alleged questionable expenses of the OVP for its socio-economic programs in Metro Manila.
NO CONFIDENTIAL FUNDS
Budget Undersecretary Rolando Toledo confirmed during the hearing that while the OVP was given a P125 million in confidential funds in 2022, there was no such item under its 2022 budget.
“No such item or appropriation in the OVP budget,” Toledo told Rep. France Castro, who said the grant of the confidential funds to the OVP in 2022 was illegal since there was no item of appropriation in the OVP budget to support it.
Toledo said the budget was released upon the request of the Vice President and it was justified as part of the OVP’s “governance engagement and socio-economic programs.”
He said the P125 million was taken from the contingent fund in the 2022 national budget since there was no specific appropriation for the purpose.
The constitutionality of the grant of the confidential fund to the OVP has been challenged before the Supreme Court.
The COA has reported that the P125 million was spent in 11 days, or an average of P11.364 million a day, between December 21 up to the end of the year in 2022.
It has also found numerous irregularities in the use of the money and has disallowed expenses amounting to more than P73 million, or almost half of the CIF.
More than P59 million of the disallowed amount were for the purchase of “various goods” amounting to P34.857 million and “medicines” costing P24.930 million, which were declared as by OVP as “payment for rewards” for informants.
An additional P3.5 million described as “payment for chairs, tables, desktop computers, and printers” was also not allowed in audit.
COA said Duterte and two other OVP officials who are “liable” for the questionable expenses have the option of appealing the disallowance decision with the COA proper or return the money to the government. They have 180 days or six months to make an appeal, while the COA proper has two months to make a final decision.
Rep. Josep Stephen Paduano (PL, Abang Lingkod), however, said the COA should eventually amend its rules because “that’s a total of eight months, that’s too long!”
Cagayan Rep. Joseph Lara said the eight-month period in deciding on disallowances causes delays in the filing of criminal charges against public officers mishandling public funds and “worse, you are being perceived as in cahoots with these officials or employee, which is not fair to you.”
OVP BUDGET
Valeriano, in his opening remarks, said Duterte’s decision to leave it to the House to do to the OVP’s 2025 budget whatever it pleases “is just a ‘palusot’ (alibi), a smokescreen, a cover because she does not want to provide proof for the numbers she stated in her (own) powerpoint presentation.”
“She expected us to take at face value the figures in her presentation, when there is much reason for us here in Congress to doubt the veracity of the figures in the presentation. We have not seen any paper trail or electronic trail that would serve as evidence of beneficiaries and partnership agreements,” he said.
Valeriano also urged whistleblowers to come forward with any information, evidence or testimony regarding the alleged misuse of funds by the OVP.
At one point, the Vice President requested a one-minute recess, during which she shook hands with another ally, Rep. Rodante Marcoleta (PL, Sagip) and spoke with Arroyo, assuring her that she can handle the issues being thrown at her.
“Kaya nga kanina kung nakita ninyo, lumapit ako kay Congresswoman Gloria Arroyo, sinabihan ko siya ‘Ma’am ‘wag ka nang magpa-stress, dahil dito sa ginagawa nila sa akin, kaya ko ito. Don’t stress yourself about it (That’s why when you saw me approach Cong.
Gloria Arroyo, I told her, ‘Ma’am, don’t stress yourself about it, because I can handle what they’re doing to me. Don’t stress yourself about it),” Duterte told reporters.
Duterte, who left the hearing before she could even be questioned by committee members, said she is not the type of person who will ask someone for help when in trouble.
“Hindi ako humihingi ng tulong, alam ‘yan ng tatay ko, naging mayor siya, naging president siya, hindi ako humihingi ng tulong talaga (I don’t seek help from others, my father knows this, he served as mayor and president, I never asked for any help),” she said.
‘COMMITMENT TO HONESTY’
Manuel and Reps. Jefferson Khonghun of Zambales, Gerville Luistro of Batangas assailed the Vice President for her act of defiance, which was precisely the reason, they said, why the House Committee on Appropriations slashed by more than 60 percent the OVP’s P2.037 trillion proposed budget for 2025.
“We took the time for this committee at inimbitahan ang Office of the Vice President pero ‘yun nga po, nalaman natin na hindi nag-take ng oath (but we found out that she didn’t take an oath). At bago tayo makapagtanong para din marinig ang nakaupong Bise Presidente, umalis na rin po (And even before we could ask questions to hear the sitting Vice President, she left, too),” Manuel said.
Khonghun said taking the oath is not just a legal formality, “it is a commitment to honesty” and any refusal to do so “undermines trust in public statements.”
Khonghun also explained that the inquiry is not intended to attack anyone personally but to ensure accountability and “shed light on matters that affect our nation’s governance.”
“Refusing to testify under oath sends a signal that there is something to avoid,” he told the committee. “If there is nothing to conceal, why not take the oath? It is the basic act of accountability that all public officials must be willing to undertake.”
Luistro said the Vice President’s refusal to honor the House rules and traditions is an “affirmation of her stand, her position” during the budget hearings when she stonewalled lawmakers who questioned her use of confidential funds.
The deliberations on the OVP’s proposed budget was first deferred last August 27 when tensions flared after Duterte stonewalled questions on the findings of the COA, which has issued an ND to the OVP for its use of P73 million confidential funds in 2022.
Luistro reiterated the need for Congress to exercise its “power of the purse” and oversight functions effectively.
“When the resource speaker does not take her oath, then it follows that whatever statement she will provide, we call it, it could not hold any water,” Luistro said. “Public office is a public trust. When there is a question, we’re bound to answer. We’re bound to explain. No less than the Philippine Constitution provides, we are accountable to the Filipino people at all times.”
Duterte said congressmen are using the panel’s hearing as a venue to practice because they are allegedly planning to impeach her.
“Very obvious ‘yung kanilang ginagawa na nagpa-practice sila kung ano ‘yung gagawin nila (It’s very obvious that they’re practicing for what they will eventually do),” she said. “’Yun yung position ko, nagpa-practice sila kung ano yung kakagat sa impeachment (That’s my position. They’re practicing for my impeachment).”
Duterte cited the language being used by congressmen during the inquiry, such as the alleged “malfeasance” and “misfeasance” and “nonfeasance” in the use of public funds, saying it is clear that they have already prejudged her.
She reiterated her earlier claim that lawmakers from Mindanao were already talking about her impeachment, citing Castro’s (PL, ACT) recent interview, where she laid out three possible impeachment grounds.
“Kahit anong gawin nila, wala talaga kaming ginawang mali sa Office of the Vice President (Whatever they do, we know for sure that we haven’t done any wrongdoing in the Office of the Vice President),” she said.