FACT CHECK: Posts misrepresent COA auditor’s ‘no violation’ remarks on OVP confidential funds

State auditor Roderick Wamil's 'no violation' comment was specific to one document submitted by Duterte's office; during his testimony, however, he flagged irregularities in the liquidation documents submitted by the OVP on its use of confidential funds Claim: State auditor Roderick Wamil, who was once part of the Commission on Audit (COA)’s Intelligence and Confidential Funds Audit Office (ICFAU), said they found “no violations” in the documents submitted by Vice President Sara Duterte on her office’s use of confidential funds. Rating: MISSING CONTEXT Why we fact-checked this: The claim was made in a video by the YouTube channel “Pinoy Views & Opinion,” during the 11th day of Duterte’s impeachment trial on August 3. As of writing, it has reached more than 26,000 views and 1,600 likes. The video’s title reads, “‘Wala po kaming nakitang violation’ sabi ng taga-COA sa impeachment hearing today ni VP Sara Duterte.” (‘We did not see any violation,’ said a COA official during the impeachment hearing of VP Sara Duterte today.) Similar claims were also posted across Facebook. A post by the page “Boss Athan Vlog” reads, “Diba VP Sara Duterte is no violation ayon sa COA. Wag nyo na kasi ipilit, nagmukha tuloy kayong katawa-tawa. Dismissed na ba ‘to.” (VP Sara did not violate anything, according to COA. Don’t push it, this is making us look ridiculous. Is this case dismissed?) The posts were made following private prosecutor Lorna Kapunan’s questioning of Wamil on the documents submitted by the Office of the Vice President (OVP) concerning Duterte’s confidential funds. The facts: Wamil’s statement was taken out of context. He did not say that there was “no violation” in the OVP’s spending of confidential funds. The state auditor was commenting specifically on one document: the certification filed by the OVP acknowledging its use of P125 million in confidential funds. When asked by Kapunan about his observations on the OVP certification, Wamil noted that it was dated January 10, 2022, for a cash advance in the fourth quarter of 2022. He also noted that it was notarized on January 16, 2023. Asked whether the document had violated provisions of COA Joint Circular No. 2015-01, Wamil said, “Actually, ito po ‘yung isa sa pro forma na annexes ng joint circular. Wala naman kaming nakitang violation aside sa date of execution.” (Actually, this is one of the pro forma annexes of the joint circular. We did not find any violation aside from the date of execution.) Pro forma is the Latin term for “as a matter of form” and in this context means that the document was done simply because a rule requires it. The certification is a requirement in the 2015 joint circular, which states that disbursements from the confidential funds shall be supported by a certification signed by the accountable officer and attested by the head of the agency. (READ: Your A-Z guide to Sara Duterte’s impeachment trial) Wamil’s statement indicated that, aside from the discrepancy in the dates, there was no other violation found in that certification because it was submitted as required. Contrary to what the misleading posts imply, this remark was not an assessment of whether the confidential funds were properly used. During the exchange with Kapunan, Wamil explained that the audit of the OVP’s use of confidential funds was based on the complete set of liquidation documents submitted by Duterte’s office. (WATCH: Kapunan probes COA official on OVP confidential expenses) OVP’s confidential funds: Wamil, who is testifying on the first article of impeachment against Duterte involving her alleged misuse of confidential funds, also pointed out that COA flagged discrepancies in the documents submitted by the OVP on how it used its confidential funds. During the hearing, Wamil noted that the OVP’s 2022 physical and financial plan did not comply with the requirements set by the joint circular. The OVP’s accomplishment report also failed to detail the specific confidential activities for which the funds would be used, including the submission of documentary evidence. The P40 million allotment on medical and food aid listed in the OVP’s report is also not considered a confidential expense. In 2023, COA confirmed that the OVP spent P125 million in confidential funds in just 11 days. The commission also disallowed the P73 million in confidential funds in the 2022 OVP budget. Duterte’s defense argued that there was an explanation behind the 11-day spending of the confidential funds, but said this would be revealed during the cross-examination. – Lourence Angelo Marcellana/Rappler.com Keep us aware of suspicious Facebook pages, groups, accounts, websites, articles, or photos in your network by contacting us at factcheck@rappler.com. Let us battle disinformation one Fact Check at a time. How does this make you feel? Loading