Sara warned: Explain confidential expenses or face plunder raps

Vice President Sara Duterte faces a potential plunder case over her alleged failure to justify the use of P112.5 million in confidential funds from the Department of Education (DepEd), reportedly withdrawn during the first three quarters of 2023, her first full year in office.

Senior Deputy Speaker Aurelio "Dong" Gonzales Jr. stated Sunday that the House Committee on Good Government and Public Accountability may pursue a plunder case against Duterte if she cannot account for the amount in upcoming hearings.

“If the Vice President, as head of DepEd at the time, cannot provide a clear and adequate explanation of how this money was used, it is our duty to pursue the necessary legal measures, including the plunder case, to protect the interest of the public," Gonzales said in Filipino.

Duterte has been at the center of the panel's investigation into alleged fund misuse, specifically concerning confidential funds allocated to the Office of the Vice President (OVP) and DepEd. She served as DepEd Secretary for nearly two years until her resignation on 19 July.

The OVP and DepEd reportedly received a combined P150 million in confidential funds in 2023, despite opposition arguments that Duterte’s role did not necessitate such funds for counter-surveillance activities.

The committee's latest hearing on 17 October revealed that P112.5 million was withdrawn by DepEd Special Disbursing Officer Edward Fajarda through three checks as cash advances, each worth P37.5 million, during the first three quarters of 2023, according to DepEd Undersecretary for Finance Annalyn Sevilla.

Sevilla explained to the panel that her role was limited to processing the disbursement as required by Joint Circular No. 2015-01, which governs the release of confidential funds. She noted that DepEd’s Finance Office had no role in supervising the actual use of the funds. However, Sevilla assured the panel that the encashment process followed the required procedures for confidential funds.

Gonzales pointed out inconsistencies in documentation, noting that the funds were labeled as Maintenance and Other Operating Expenses (MOOE) rather than confidential funds. He raised concerns about transparency and the categorization of the funds, suggesting potential misuse.

Fajarda was absent from the hearing but has been subpoenaed to testify at the next session.

The P112.5 million in question was part of a P150 million confidential fund requested by DepEd to address issues such as school abuse prevention, anti-extremism, and counter-insurgency. According to Sevilla, this was the first time DepEd received confidential funds.

"If the utilization of P112.5 million remains unexplained, we may have no choice but to consider recommending the filing of a plunder case," Gonzales warned, citing that the total amount in question significantly surpassed the plunder threshold of P50 million.

Philippine law stipulates that officials who acquire ill-gotten wealth of at least P50 million may be convicted of plunder, carrying penalties of reclusion perpetua to death.

Legal experts have clarified that unlike the President, the Vice President does not enjoy immunity from suit, making her open to criminal charges while in office.

Duterte attended the panel’s first hearing in September but has since indicated she will not participate further, alleging that the inquiry has ulterior motives. She previously accused House leadership of plotting an impeachment case against her to damage her potential 2028 presidential bid.

House leaders have denied these allegations, suggesting they are an attempt to divert attention from the growing controversy, which includes claims of cash envelope distributions to DepEd officials.

The panel was set to resume the investigation on Monday, but it was postponed due to Severe Tropical Storm Kristine.