Words by Atty. Joseph Phillip Andres
Confidential and Intelligence Funds (CIF) have once again made the headlines as the question of entitlement resulted in stakeholders coming out with divergent views on whether or not some National Government Agencies (NGAs) and Offices – in this case, the Department of Education and the Office of the Vice President. And assuming that they are entitled, what standards shall be used in determining the propriety of its utilization.
The immediate effect of this issue being thrust into the limelight is the dropping of the requested P625 million amount by the Vice President cum Education Secretary for the offices she is handling citing the “divisive” nature of the issue.
The issue has since reached the Supreme Court for determination. Aside from the primary issue of entitlement, a sub-plot in the case is in relation to the standards that will be used in accounting for the CIF. The CIF, by its sensitive and peculiar nature, is not subject to the regular standards imposed by the Commission on Audit (COA).
As early as our freshman year in law school, we immediately learn that our Constitution espouses a policy of transparency and shuns secrecy. Thus Section 28 Article II of the 1987 Constitution provides: Subject to reasonable conditions prescribed by law, the State adopts and implements a policy of full public disclosure of all its transactions involving public interest.
One of the parties that have brought their argument to the Supreme Court simplifies the equation by proposing a full scrutiny of the expenditure. Their justification simply rests on the fact that there is no law to speak of which will fulfill the constitutional requirement embedded in the first portion of the cited provision which states: “Subject to reasonable conditions prescribed by law.”
Presently, the condition prescribed by the Constitution is non-existent as the CIF is being governed by Joint Circular 2015-1 issued during the time of President Noynoy Aquino. The circular states that intelligence funds can only be used for counter-intelligence activities and special projects and operations, while confidential funds can be used to purchase information necessary to implement a government program, among others.
Another advocate who has also elevated his case to the Supreme Court even goes to the extent of demanding the return of the spent funds in the event of a finding of unconstitutionality of the Joint Circular. This view will probably result in another application of the Operative Fact doctrine. But of course, we will wait for the High Court’s settlement of the controversy.
An added flavor to the drama is the reaction of some camps to the response of the Vice President which essentially brands the oppositors of the Confidential Funds as “enemies of peace in our country.”
At the end of the day and regardless of which side you take, the implication of this (if we are to follow the reasoning of one of the proponents) is that the CIF shall be subject to the same level of scrutiny as that of any ordinary disbursement of public funds which is essentially open to the public. And if that happens, imagine what kind of carnival-like atmosphere this will bring. Send in the clowns!
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San Beda University College of Law held its Conferment ceremonies last November 28, 2023, and has thus officially migrated its Bachelor of Laws degrees to Juris Doctor in compliance with Legal Education Board (LEB) Memorandum Order No. 19 series of 2018. Hundreds of Bedan lawyers trooped to the Philippine International Convention Center for the ceremonies which also became an instant get-together for the attendees. Shout-out to the members of Batch 2001, it was nice seeing you guys—a few pounds heavier, hair a bit grayer (and maybe thinner for some), but infinitely wiser.
THE BARRISTER 