Exec confirms OVP asking COA not to comply with House subpoena on confi funds audit

An Office of the Vice President (OVP) official confirmed on Wednesday that the OVP sent a letter asking the Commission on Audit (COA) not to comply with the subpoena issued by a House of Representatives committee to submit audit reports on the office’s use of confidential funds.  

Quezon 2nd district Representative David Suarez asked OVP chief-of-staff Zuleika Lopez to confirm the validity of a letter dated August 21 of which she was an undersigned. 

The letter stated that “the subject Subpoena should not be complied with,” citing various reasons such as violation of constitutional principle of separation of powers, among others. 

Lopez confirmed the letter before the House committee on good government and public accountability. 

“This was a matter I consulted with Lemuel Ortonio…for the matter of requesting COA,” said Lopez. 

When asked if Vice President Sara Duterte knew about the letter, her chief-of-staff said “yes.”

The House appropriations committee in August issued COA a subpoena for its audit reports on the use of the confidential funds of the OVP and the Department of Education—at the time led by Duterte—during fiscal year 2022 to 2023. 

Ortonio, another OVP official, was cited in contempt for failing to attend again the House hearing. 

Following Lopez’s confirmation that the OVP made such a request to the COA, Suarez said that it was disrespectful to the lower chamber’s authority. 

“Ang dating po sa amin nito, una, hindi niyo nire-respeto yung subpoena authority ng Kongreso. Pangalawa, parang sinusupil niyo ang karapatan ng mamamayan na malaman kung paano ginagamit ang pondo ng mga ahensya na pinagkakatiwalaan ng mamamayan,” he said. 

(This leaves an impression that first, you don’t respect the subpoena authority of the Congress. Second, you are depriving the public of their right to know how agencies utilize their funds.) 

“Sa aking pananaw, this is one way of covering the truth. Tinatakpan ang katotohanan. Kung wala naman kayong tinatago bakit niyo pa pinapapakiusapan ang isang ahensya na hindi i-share ang mga dokumento patungkol sa isang imbestigasyon na isinasagawa ng isang ahensya?,” Suarez added. 

(For me, this is one way of covering the truth. You are hiding the truth. If you are not hiding anything, why do you have to ask an agency not to share a document in relation to an ongoing investigation?) 

Lopez said that the letter “does not seek to undermine the power of Congress.” 

“It is simply a request to the Commission on Audit given that there is still an ongoing audit investigation. Since hindi pa naman natatapos yung audit, hindi naman din po tama na ibibigay na muna yung mga ganoong documents,” she said. 

(It is simply a request to the Commission on Audit given that there is still an ongoing audit investigation. Since the auditing is not yet done, I don’t think it’s right to already submit such documents.) 

In response, Suarez said that OVP’s action was uncalled for. 

“That is not a call for you to make. Precisely because you are the agency being investigated. That’s totally uncalled for. You are asking another agency not to cooperate with Congress when an ongoing investigation is happening,” he said. 

“Dapat hinayaan niyo na lang, kung wala naman kayong tinatago. Pwede niyo naman ipaliwanag yun dito kapag nag-hearing na tayo.” 

(You should have let the auditors comply if you are not hiding anything. Anyways, you can still explain the findings during our hearings.) 

In its 2022 Annual Audit Report, state auditors disclosed that the OVP had P125 million in confidential expenses last year despite not having an appropriation for intelligence or confidential funds under the 2022 General Appropriations Act. The OVP also received P500 million in confidential funds in 2023. — BM, GMA Integrated News