ni Diego Morra
Sa paglilitis ng impeachment court nitong Agosto 4, nagluluksuhang parang Mexican jumping beans ang defense lawyers ni Sara Zimmerman Duterte Carpio matapos na sabihin ng testigong dating COA state auditor na si Roderick Wamil na hindi pa aabot sa pruweba na ninakaw ni Sara ang pera batay sa audit report.
Subalit sa takbo ng dokumento at pagpupumilit na hindi magsumite ng mga invoices, resibo at ang pagtanggi ng depensa na magbigay ng ebidensya kung tunay nga ang mga informers ni Sara o kathang isip lamang, lumilinaw na tunay na may itinatago ito. All it takes is common sense. Even of 66.6% of the ARs are not considered, all the facts already accrued militate against Sara.
Mismong si Atty. Lorna Patajo Kapunan ang bumulaga sa kampo ni Sara nang sabihin niyang hindi lamang “prima facie” (at first sight) ang ebidensya laban kay Sara kundi patunay ang mga ito na “scam” ang nangyari. The Sara camp deliberately did not provide any proof that their lecherous informers really took the money and ran.
Mawil said Sara, as an accountable officer (AO), must liquidate public funds for which she is accountable. Failure to do so would be “prima facie evidence that she has put such missing funds or property to personal use and benefit.” Kapunan seized the moment and roared: “You said if an accountable officer cannot explain the use of confidential funds, there is prima facie evidence. Ang tawag ko lang roon ay hindi prima facie evidence, kung ako ang tatanungin, scam ito!” Defense counsel Michael Poa objected and the remark was stricken from the record after the episode was seen on TV and social media.
Nonetheless, Sara apparently took leave of her senses when she also certified as DepEd secretary the liquidation report submitted by the department to COA. In a glaring error, Mawil said Sara included maintenance and other operating expenses (MOOE) under her CF for the first three quarters of 2023, The MOOE cannot be charged to the CF since they are regular expenses. However, someone at the DepEd had gone to pot and submitted the erroneous report, which COA immediately flagged. As head of DepEd, she has command responsibility and must ensure that COA regulations are followed and it is her fiduciary duty to guarantee that the people’s money is used consistent with programs, activities and projects of the DepEd.
The impeachment court heard Wamil confirm that the DepEd under Sara failed to submit documents to prove that ₱37.5 million in CF per quarter—covering three quarters of 2023—was actually spent on the programs she cited. This shows that Sara was not only negligent but also failed to lead her department in abiding by its own rules and complying with the Joint Circular 2015-01 that covers all CF expenses. This circular superseded all previous circulars, especially those issued in 1991 and 1992, that can never shield Sara’s sins of commission or omission. Sara also failed to submit documents to justify the disbursement of ₱27.8 million in CF for a counter-insurgency program from the first to third quarter of 2023, with the expense recorded without any supporting documents to prove how the funds were used. Isn’t this the same expense for the National Youth Summit paid for by the Philippine Army (PA) and local government units (LGUs) as generals testified at the House of Representatives?
Wamil disclosed that Sara also approved accomplishment reports of the OVP dated March 30, July 11, and October 9, 2023 that were submitted to COA. He said that in two quarters, several line items lacked supporting documents, including payment of reward worth ₱27 million, medicine and food aid amounting to ₱82 million and ₱20 million in travel expenses. He noted that such expenditures are prohibited under Joint Circular 2015-01. Poa may have tried his utter best to salvage Sara from destruction but how can he succor his boss and not eat the leek? As the British say, the defense counsel is just beating the air or striving to make a grand show of his effort to save a sinking ship. Poa must reread the law. This is not a criminal prosecution in which guilt is established beyond reasonable doubt. Ang usapin ay tungkol sa isyu kung karapatdapat bang manatili sa posisyon si Sara. Batay sa ebidensya, at sa pagsuway niya sa mga atas ng COA at di-maipaliwanag na pagkaubos ng kanyang CF sa DepEd at OVP, magiging mahalay kung magtatagal pa siya sa kanyang trono.#