The Young Guns of the House of Representatives said that the liabilities to be faced by the Office of the Vice President (OVP) and the Department of Education (DepEd) Special Disbursing Officers (SDOs) Edward Fajarda and Gina Acosta, will vary depending on its intended use.
During a press conference on Tuesday, the lawmakers discussed the possible consequences that the SDOs may face, in entrusting the confidential funds to Cols. Dennis Nolasco and Raymund Dante Lachica.
This was revealed during the House Blue Ribbon Committee’s hearing on Monday, when the two SDOs admitted to releasing the confidential funds to the head security officers, per Vice President (VP) Sara Duterte’s order.
Committee Chairman Joel Chua that the money used was taken from the public. The fact that it was entrusted to someone outside their offices was already a risk in itself. He added that if something happens to the money, the SDOs will be held liable for it.
House Assistant Majority Leader and AKO BICOL Party-list Rep. Raul Bongalon cited the clear violation of Joint Memorandum Circular 2015.
“Wala namang nakalagay sa guidelines ng JMC na kailangan mong ibigay dun sa security officer. Yes we understand na kelangan to secure the money upon encashment. Yung iti-turn over mo yung pera na kaka-encash lang, it's highly irregular in the sense na hindi nga yun ang accountable officer. So dun pa lang malinaw na meron nang paglabag,” Bongalon said.
“Inamin naman po mismo ng ating mga SDOs na yun po ay utos ng ating Bise Presidente,” he added.
Moreover, La Union 1st District Rep. Paolo Ortega pointed out the irregularities and misuse of the confidential funds, adding that the SDOs admitted it themselves. The problem was that those under Vice President (VP) Sara Duterte’s office grew comfortable with that kind of setup.
“Ang problema it was already too comfortable for them, yung set-up na ganun, which is regular practice in their office. Kaya parang wala na lang, kumabaga hindi na sinusunod ang protocols nila,” Ortega said.
More Questions
The appearance of the four OVP officials who had been constantly evading the House Committee hearings left the latter with more questions than answers, 1 Rider Party-list Rep. Rodge Gutierrez said.
Based on the previous hearings, they thought that only two of the officials knew of the public funds’ misuse. However, revelations in yesterday’s hearing found that it was delegated to two officers from different civilian agencies.
“Sa testimony ng witness ng COA, hindi po yan in line with the Joint Circular. What has been delegated cannot be delegated further. Trabaho at responsibilidad ‘yon ng SDO. Pinasa pa sa security officer na cannot even account to us now,” he said.
Under the law, the SDO is responsible for handling the funds, but based on the interpellation yesterday, the two officers cannot explain even the smallest of details.
Liabilities
Gutierrez said that the liabilities for the funds' misuse would vary based on what it was intended for.
“Even if assuming na yung pondo na idinaan para sa confidential funds ay ginamit for public use pa din let’s say for example. Pero dahil hindi sumunod sa strict procedures, I believe this is technical malversation,” he explained.
“If this was taken for personal gain if proven na fictitious or erroneous yung ARs to justify the taking of this amount, that could be malversation or worse, plunder kasi lampas na po ito sa 50M,” he added.
According to Zambales 1st District Rep. Jefferson Khonghun, the SDOs were not careful enough with handling the funds. In the end, it all boils down to the command responsibility.
“Nakita natin na lahat sila (SDOs) ay sumusunod lamang sa utos ng ating Bise Presidente. Sa huli, kung may makitang paglabag sa batas; kung may makitang kailangang may managot, kailangan akuin ng ating Bise Presidente ang pananagutan dito sa pagkukulang,” Khonghun said.
Joint Memorandum Circular
Taking all that happened into account, Gutierrez said that the Committee is aiming to strengthen the Joint Memorandum Circular and push for legislation to “set the bounds and limitations” of the SDOs, ensuring stronger penalties for such responsibility.
This was after the lawmakers saw that certain government officials found ways to twist the memorandum order.
With the legislation, Chua said that they are also eyeing to limit those who are allowed to request and grant confidential funds within the government sectors.
