Pampanga 3rd district Rep. Aurelio "Dong" Gonzales Jr. (left), Vice President Sara Duterte (Facebook)

The House Committee on Good Government and Public Accountability may consider recommending a plunder case against Vice President Sara Duterte if she fails to account for P112.5 million in confidential funds, which were encashed as cash advances by one of her close aides during her tenure as Department of Education (DepEd) secretary. 

Thus, said Senior Deputy Speaker Pampanga 3rd district Rep. Aurelio “Dong” Gonzales Jr. on Sunday, Oct. 27 as he continued to press for answers regarding the questionable disbursement uncovered during the committee's Oct. 17 hearing. 

Chaired by Manila 3rd district Rep. Joel Chua, the good government panel is often referred to as the House of Representatives' equivalent to the Senate's vaunted Blue Ribbon Committee. 

The funds in question were withdrawn through three separate checks, each worth P37.5 million, issued to DepEd Special Disbursing Officer (SDO) Edward Fajarda. The cash advances were made during the first three quarters of 2023, when Duterte was still at the helm in the agency. 

“Pera ito ng taumbayan, at kailangan nating tiyakin na ito ay nagamit ng tama (These are public funds and we must ensure that these are used properly),” Gonzales said. 

“Kung ang Bise Presidente, bilang pinuno ng DepEd noong panahong iyon, ay hindi makapagbigay ng malinaw at sapat na paliwanag kung paano ginamit ang perang ito, tungkulin namin na ituloy ang kinakailangang mga legal na hakbang, kabilang ang kasong plunder, upang maprotektahan ang interes ng publiko,” he explained. 

(If the Vice President, as the DepEd chief during that time can't give clear and substantial explanation on how this money was used, then it's our responsibility to follow through with the necessary legal steps, including the case of plunder, in order to protect the public's interest.) 

With the threshold for plunder set at P50 million, the P112.5 million in question significantly surpasses that limit. 

During the Oct. 17 hearing, Gonzales directed a series of pointed questions to DepEd Undersecretary for Finance Annalyn Sevilla regarding the disbursement of the confidential funds and Fajarda’s role in encashing them. 

Sevilla confirmed that the checks were issued and encashed by Fajarda in accordance with the standard procedures for cash advances involving confidential funds. 

Sevilla explained that her role as Undersecretary for Finance was limited to processing the disbursement of the funds, as outlined in the joint circular governing the release of confidential funds. 

However, she noted that the DepEd Finance Office had no role in overseeing how the funds were ultimately spent. “Wala pong record na makikita sa accounting or budget on the utilization or liquidation,” Sevilla said. 

(No records can be found in the accounting or budget on the utilization or liquidation.) 

Gonzales, visibly concerned, noted a vital issue with the documentation of the transactions. “Ang tseke na ito ay may corresponding disbursement voucher, tama? So papaano ho siya na-encash ni Mr. Fajarda?” he asked. 

(This check has a corresponding disbursement voucher, correct? So how was it encashed by Mr. Fajarda?) 

Sevilla confirmed that the checks were encashed at Land Bank of the Philippines (LBP) and that Fajarda was responsible for transporting the funds. 

Gonzales pointed out discrepancies in the documentation, noting that the disbursement vouchers for the funds were labeled as Maintenance and Other Operating Expenses (MOOE) rather than confidential funds. 

This, he argued, raises serious concerns about how the funds were categorized and whether they were used for their intended purposes. 

He emphasized that such mislabeling could indicate a lack of transparency and potential misuse of the public funds allocated for sensitive programs. 

Fajarda, the official who encashed the checks, was not present at the hearing, but he has been subpoenaed to testify in the next session. His testimony is expected to provide crucial details about how the funds were handled after being withdrawn from LBP. 

Heavy baggage 

Gonzales also questioned the logistics of handling such large sums of money, and noted that Fajarda would have had to physically transport P37.5 million in cash on three separate occasions. 

“Mabigat-bigat po ito (This is quite heavy),” Gonzales remarked, as he pointed out how Fajarda had to carry the money to the DepEd offices, which do not have an elevator. 

Sevilla reiterated that the DepEd followed the required process for the disbursement of confidential funds, but emphasized that her office had no visibility over how the funds were utilized after they were released. 

“For the confidential funds, talagang sumusunod kami sa joint circular. Pero kami po sa finance, hindi kasama sa utilization o liquidation ng confidential funds,” he said. 

(For the confidential funds, we really follow the joint circular. But we in finance, we're not included in the utilization or liquidation of confidential funds.) 

The confidential funds in question were part of the P150 million allocated to the DepEd in 2023 for programs aimed at addressing issues such as abuse prevention in schools, anti-extremism efforts, and counter-insurgency. 

This was the first time such funds were included in the DepEd budget, and raised questions about how a non-security-focused agency like DepEd was handling such sensitive resources. 

“Kung hindi maipaliwanag ang paggamit ng P112.5 million (If the utilization of the P112.5 million can't be explained), we may have no choice but to consider recommending the filing of a plunder case,” he reiterated. 

Unlike the President, the Vice President does not enjoy immunity from suit. This leaves him or her open to criminal charges while in office. 

The Chua panel is set to continue its investigation, with Fajarda’s testimony expected to be a crucial part of determining whether the funds were properly used or misappropriated. 

Vice President Duterte was the DepEd secretary from June 30, 2022 to July 19, 2024.