Carpio, lawyers asked SC to nullify rules on confidential funds

Several lawyers, priests, and law students on Wednesday asked the Supreme Court to declare null and void the order and circular that covers the disbursement of confidential and intelligence funds.

Among the petitioners were retired Supreme Court Associate Justice Antonio Carpio, Atty. Howard Calleja, JP Calleja, and former senator Richard Gordon.

Meanwhile, the respondents were Vice President Sara Duterte, Office of the Executive Secretary, Senate of the Philippines, House of Representatives, Department of Education, Department of Budget and Management, Department of the Interior and Local Government, Governance Commission for GOCCs, and Commission on Audit (COA).

In a 45-page petition for certiorari and mandamus, the petitioners asked the High Court to declare null and void Executive Order No. 2 and Joint Circular No. 2015-01, which provides the guidelines in the disbursement and liquidation of confidential funds, for being repugnant to the 1987 Constitution.

It also asked the Court to prohibit the respondents or any person, entity, member, officer, employee, or representative from enforcing the EO and joint circular.

The petitioners also asked the SC to issue a temporary restraining order, writ of preliminary injunction, and/or mandamus to prevent any irreparable injury to petitioners due to the infringement of their rights.

Meanwhile, the Court was also asked to direct Duterte, the Senate, House, and state auditors to give the petitioners the report of expenses and liquidation of the Office of the Vice President’s (OVP) 2022 confidential funds.

In their petition, the lawyers said the release and disbursement of confidential funds violates Section 28, Article II of the 1987 Constitution, which provides that subject to reasonable conditions prescribed by law, the State adopts and implements a policy of full disclosure, as well as Section 7, Article III, which states that the “the right of the people to information on matters of public concern shall be recognized.” 

“Joint Circular No. 2015-01 and EO are unconstitutional because they are not laws passed by Congress. They have no force of law. Specifically, the joint circular is simply a guideline,” the petitioners said.

Call for Congress

Due to this, Carpio and Howard Calleja called on Congress to enact a law on confidential funds.

“Hindi po ‘yan Republic Act. Hindi po ‘yan batas. So pwedeng tama iyon, pwedeng sobra, pwedeng kulang. Linawin po natin. At ‘yun ang hinihiling natin,” Calleja said in a press conference.  

(That’s not a Republic Act. That’s not a law. So it can be enough, it can be too much, it can be lacking. But we should clarify it. That’s all we’re asking for.)

“Kinakatok po natin ang Kongreso, wala pong batas, baka gusto ninyo ho medyo wake up-wake up nang kaunti. Gumawa po tayo ng batas para magkaroon po tayo ng standard kung ano po ang confidential, ano po ang intelligence fund, at ano po ang kailangang gamitin at para saan,” he added.

(We are calling on Congress, there’s still no law, maybe you want to wake up a little. Let’s create a law so we can have a standard on what is confidential, what is an intelligence fund, and what should be used for what.)

For his part, Carpio said Congress should enact a law providing for reasonable limitations.

“Because we are reasonable people. We cannot just say that a local government can decide any amount to be given to the mayor to be the confidential fund. We should have reasonable limitations naman,” he said.

Also present were former COA commissioner Heidi Mendoza, Fr. Robert Reyes, and JP Calleja. 

The filing came days after other petitioners asked the High Court to declare the transfer of the ?125 million confidential funds to the OVP as unconstitutional.

The lawyers also asked the Court to order the OVP to return the ?125 million funds to the government’s treasury.—AOL, GMA Integrated News