Palace hits claim only disbursing officers are liable for confidential funds

MANILA, Philippines — The statement that only disbursing officers should be held liable for the alleged misuse of confidential funds is the "most damaging" remark made by a senator-judge, according to Malacañang.

Palace Press Officer Claire Castro identified the remark on Thursday, August 6, when asked what the "most biased and most damaging statement" she had heard from senator-judges during the trial was.

“Na ang dapat managot lamang ay ang SDO (special disbursing officer). Nakalimutan na may head of agency,” Castro said.

(That only the SDO should be held accountable. They seem to have forgotten about the head of agency.)

Castro did not mention any names, but on Wednesday, August 5, senator-judge Imee Marcos argued before the Senate impeachment court, while questioning witness Commission on Audit (COA) state auditor Roderick Wamil, that only the SDO should be held accountable since Duterte was not the payee of the cash advances.

The lawmaker cited a joint circular on confidential and intelligence funds and referred to former Office of the Vice President (OVP) special disbursing officer Gina Acosta and former Department of Education (DepEd) special disbursing officer Edward Fajarda.

Wamil countered Marcos' interpretation and explained that the head of the agency is responsible for approving cash advances, monitoring fund utilization and ensuring the proper use of confidential funds.

'Brushing aside laws'

The presidential spokesperson also stressed that senator-judges must be impartial in the impeachment trial, alluding to some whom she accused of “brushing aside the law” and “lawyering for the defense.”

“Many have come out from the impeachment, according to PCO, that some are acting lawyers when they should not be because senator-judges must be impartial, unbiased. So they are not mandated to brush aside the law,” Castro said in Filipino.

The presidential spokesperson further emphasized that senator-judges should not debate with and cross-examine the witness.

“Ang judge po kasi sila po ay nagtatanong for clarification. Ang ibinabato nila ay clarificatory questions. Hindi po sila para mag-cross examine ng witness,” she said.

(The judge asks questions for clarification. What they are making are clarificatory questions. They should not cross-examine the witness.)

Article I of the Articles of Impeachment, which accuses Duterte of misusing the P612.5 million in confidential funds at the OVP and DepEd, is the current subject of the impeachment trial.