First, the Commission on Audit is a constitutional body which is independent of the executive or legislative branches of government, and certainly not under the Office of the President of the Republic. It has a mandate to perform, and no one can dictate on them.
Second, COA findings and recommendations are public documents. Transparency dictates that the public must be informed of how public monies are spent.
That said, the President is out of line in publicly castigating the COA, which is just performing its mandate and responsibility to the people and the Constitution.
For its part, the COA should not be cowed by intimidating statements, even those coming from the Chief Executive. In fact, those in the COA should proceed with more vigor, courage and independence.
The issue on the DOH’s management of pandemic response funds will definitely be taken up during the deliberations of the DOH’s 2022 budget, once the Senate starts the hearings before approving their budget. This is among the many other issues hounding the agency.
That said, I remember that during DOH Sec. Francisco Duque III’s confirmation hearings at the Commission on Appointments, I asked him some questions on DOH’s supply chain issues and what he intended to do to resolve those issues. He could not answer my questions satisfactorily, if at all.
Am I surprised that he did not even bother to research in spite of his obvious lack of knowledge on the importance of the supply chain in his department? What gives? It’s hubris. He only cares about his boss, the President who, for reasons only they probably know cannot and will not remove him from office in spite of repeated calls from the majority of senators and other sectors.
Sadly, the issues brought to light by the Commission on Audit report, among others, shows that he doesn’t care about the health concerns of the people who he is supposed to serve.
At the hearing on the 2021 budgets of the Commission on Audit and Office of the Ombudsman, Sen. Lacson stressed the DBM has no authority under the Constitution to issue a discontinuance against a constitutional body such as the COA – after noting that the DBM issued a budget circular providing for the discontinuance of Programs, Activities and Projects (PAPs) of COA amounting to a total of P173M under the 2020 budget as they were categorized as congressional initiative and as “For Later Release.”
“My point is, Mr. Chairman, under the Constitution – particularly Sec. 5, Art 9-A, it provides for the automatic and regular release of the annual appropriations of constitutional commissions. And COA very clearly is one of three constitutional commissions, Comelec and CSC being the others. Of course even the judiciary,” Sen. Lacson said as he also cited jurisprudence (Bengzon vs Drilon, GR 103524), where fiscal autonomy allows the constitutional bodies and the judiciary full flexibility to allocate and utilize their resources with the wisdom and dispatch that their needs require. “So pag sinabi nating fiscal autonomy, walang pakialam ang DBM.”
COA Chairman Michael Aguinaldo said that while they are okay with the DBM’s decision “considering the difficulties the govt was having with funding in view of the pandemic,” he would agree that “it’s a violation of fiscal autonomy under the Constitution.”
“I’d like to manifest this very clearly, let this not serve as a precedent for future issuances by DBM; huwag lang gawing precedent setting ito. If I may add, emergency or no emergency, hindi pwedeng precedent ito,” Sen. Lacson said.
“Various procurements made in relation to COVID-19 have been marred by allegations of overpricing … Congress is set to deliberate on the 2021 budget, and anticipating that massive allocations will need to be made to address the health, economic and social impacts of COVID-19, it is of critical importance that there be audit findings to guide legislators in their exercise of the power of the purse.” (co-author with Senators Hontiveros, Drilon, Pangilinan, de Lima, Recto)
At the hearing of the Senate Blue Ribbon Committee, Sen. Lacson questioned irregularities at the DOH and PhilHealth, including:
* conflict of interest
* toll manufacturing agreements entered into by Duque family-owned Doctors Pharmaceuticals Inc. and firms not accredited to deal with the DOH
* under-support payments
* collections for dead patients
