Lorna Kapunan: DepEd's handling of confidential funds under Sara Duterte a 'scam'

House private prosecutor lawyer Lorna Kapunan on Tuesday described as a "scam" the alleged irregularities in the Department of Education (DepEd)'s use of P612.5 million in confidential funds during Vice President Sara Duterte's term as secretary of the agency.

On Day 12 of Duterte's impeachment trial, prosecution witness Atty. Roderick Wamil of the Commission on Audit (COA) testified regarding the issuance of an audit observation memorandum (AOM) on the DepEd's use of confidential funds on February 20 to March 30, 2023 and April 20 to June 29, 2023.

Wamil, who was summoned in his capacity as former state auditor of the COA - Intelligence and Confidential Funds Audit Office (COA-ICFAO), noted alleged irregularities on the DepEd's use of its confidential funds.

He said these stem from the agency's non-compliance to Joint Circular (JC) 2015-01 detailing the guidelines on the use and reporting of confidential funds.

The state auditor also said Section 8.3 of the Joint Circular states that the "failure of the accountable officer to liquidate any public funds for which he is accountable, upon demand by any duly authorized officer, shall be prima facie evidence that he has put such missing funds or property to personal use and benefit."

"Presumption na na-convert for personal use or benefit?… Ang tawag dito, hindi prima facie. Kung ako ang tatanungin, scam ito," Kapunan said.

(This section presumes the funds were used for personal use or benefit if unliquidated? This is not prima facie evidence. If it were up to me, I'd call it a scam.)

Defense lawyer Michael Poa immediately asked the Senate impeachment court to strike Kapunan's comments off the records for being "out of line." His objection was sustained.

"Kapag paulit-ulit yan at hindi mo ginamit ang pera na sinabi mong gagamitin, ang tawag đun scam. Pero ang ini-scam hindi nanay, hindi tayo, ang ini-scam ay taumbayan. Ang worth ng scam na yan ay P612 million," Kapunan told reporters on the sidelines of the trial.

(If you repeatedly used the money for other purposes, what do you call that? A scam, right? But they are not scamming their mothers, or us, they are scamming the public, and the total worth of that scam is P612M.)

"Kaya maski tinanggal sa record, gusto ko lang sabihin kasi para maintindihan natin. Kapag in-scam kayo, 'di ba masakit ang loob niyo," she said.

(That's why even if they struck it off from the records, I want to say it so the public would understand. If you were scammed, you will be hurt, right?)

In a separate interview, Poa denounced Kapunan's remarks and said calling it a scam is a "mischaracterization."

"To call it as a scam is a mischaracterization, and that’s why I think the presiding officer also saw where I was coming from," Poa told reporters. "But I say that with all due respect to Attorney Kapunan." — VDV, GMA News