Carpio group files 2nd petition on confidential funds before SC
By Jomel R. Paguian
A NEW petition seeking a review of the constitutionality of confidential funds in government and the disclosure of how these were spent by the country’s top officials was filed before the Supreme Court (SC) on Wednesday.
Leading the long list of petitioners were former SC senior associate justice Antonio T. Carpio, lawyers Howard M. Calleja and Joseph Peter Calleja, former senator Richard J. Gordon, and other concerned citizens.
The petition was filed against respondents Vice President Sara Z. Duterte-Carpio, Senate President Juan Miguel F. Zubiri, House Speaker Ferdinand Martin G. Romualdez, and Executive Secretary Lucas P. Bersamin.
Facing media, Mr. Carpio said: “What we’re asking is for the full disclosure of VP Sara’s confidential funds — full disclosure, because there is no law providing for reasonable limitations.”
In the 45-page certiorari and mandamus petition, the petitioners urged the High Court to nullify Executive Order No. 2 and Joint Circular No. 2015-01 which outline guidelines for the disbursement and liquidation of confidential funds, which the petitioners argue are inconsistent with the 1987 Constitution and an “usurpation of legislative power.”
The petitioners argued that the disbursement of confidential funds contradicts Section 28, Article II of the 1987 Constitution which states that the State adopts and implements a policy of full disclosure. Additionally, they pointed out a breach of Section 7, Article III, which acknowledges the people’s right to information on matters of public concern.
The petitioners explained in a press briefing that the said joint circular mandates agencies to submit documents to support their confidential funds to Commission on Audit (CoA) — something that the offices with confidential funds failed to do.
The petitioners also requested the High Court to compel the vice president, the Senate, House, and state auditors to provide the report on expenses and liquidation of the Office of the Vice President’s (OVP) 2022 confidential funds.
“This is a case for full accountability and transparency of public funds and we are hoping that with this case, confidential funds will no longer be abused by both national and local government units,” Mr. Howard Calleja told BusinessWorld through Messenger.
Additionally, the petitioners sought a temporary restraining order, preliminary injunction, and/or mandamus from the SC to prevent irreparable harm to petitioners due to the infringement of their rights.
During the press briefing, Mr. Calleja urged Congress to enact a law that would lay down standards for the proper usage of confidential and intelligence funds.
“We are knocking on the doors of Congress, urging for the enactment of laws. Perhaps you may want to wake up a bit. Let’s create laws to establish standards on what constitutes confidential and intelligence funds, and their proper utilization and purposes,” he said in Filipino.
This is the second Supreme Court petition filed against the OVP. The first was filed by former Election chief Christian S. Monsod, former Finance Undersecretary Maria Cielo D. Magno and other lawyers to question the constitutionality of the transfer of P125 million in confidential funds to the Office of the Vice President last year.
Mr. Calleja said their petition is different from the first one because it questioned the legality of the fund itself.
“This has nothing to do with the transfer [of funds] from the president to the OVP. It has to do with the fund itself. The question whether or not the fund is constitutional and whether or not it is subject to open public disclosure and public accountability,” he said.
