1-Rider Party-list Rep. Rodge Gutierrez (Ellson Quismorio/ MANILA BULLETIN)

It's possible that the alleged irregularities in the handling of confidential funds from the Office of the Vice President (OVP) and the Department of Education (DepEd) under Vice President Sara Duterte could fetch the crime of plunder.

1-Rider Party-list Rep. Rodge Gutierrez had this to say as the House Committee on Good Government and Public Accountability geared up for its seventh hearing Friday, Nov. 29 on its inquiry on the alleged misuse of millions worth of the secret funds.

In its previous hearing Monday, the good government panel focused on the actions of special disbursing officers (SDOs) from the OVP and DepEd in the handling of P120 million confidential funds. 

it was found out that the funds were allegedly handed over to security officers instead of being properly handled by the bonded SDOs, Gina Acosta and Eduard Fajarda, allegedly under the direct orders of Vice President Duterte. 

House members argued this violated government protocols, particularly the Joint Memorandum Circular of 2015.

“If this was taken for personal gain, if it was proven fictitious and erroneous yung ARs (acknowledgement receipts) to justify the taking of this amount, that could be malversation proper or worse, plunder kasi lampas na po ito sa P50 million,” Rodriguez said in a press briefing Tuesday, Nov. 26.

Duterte served as DepEd secretary from June 30, 2022 to July 19, 2024.

Manila 3rd district Rep. Joel Chua, chairman of the good government panel, expressed alarm over the potential liabilities of the SDOs, as he noted their responsibility as bonded officers. 

“Sa kanila inihabilin yung pera at sila ‘yung bonded officer (The money was entrusted to tem and they are the bonded officers),” Chua said. 

“Ang ibig sabihin po n'yon, in the event na may mangyari ‘dun sa pera, sila po ‘yung mag-reimburse. Pero ang pinag-uusapan natin dito ay hindi ordinaryong pera."

(That means that in the event something happens to the money, they will be the ones to reimburse. But we're not talking about an ordinary amount of money here.)

'We’re talking here of P612.5 million,” he explained, citing the food amount covered by the inquiry.

Chua stressed that turning over funds to unauthorized individuals, including security personnel, severely violated protocols. “Talagang dapat SDO ka kung saang ahensiya ka nagtatrabaho (You must be the SDO of the agency that you're working for)."

VP Sara has ultimate responsibility

But for House Assistant Majority Leader Zambales 1st district Rep. Jay Khonghun, it's the Vice President who should bear the ultimate responsibility.

“Nakikita natin na lahat sila ay sumusunod lamang sa utos ng ating Bise Presidente. Kung may makitang kailangan may managot, kailangan akuin ng ating Bise Presidente ang pananagutan dito sa pagkukulang,” Khonghun said.

(We can see that all of them follow the orders of the Vice President. If someone is to be held accountable, the Vice President needs to take responsibility for the omission.)

Gutierrez also called for reforms to tighten regulations surrounding confidential funds and ensure accountability. 

“We might push for legislation to really set the bounds and limitations ng mga SDOs natin and siguro (of our SDOs and maybe) stronger penalties for that responsibility,” he said.