Vice President Sara Duterte has requested the Supreme Court to dismiss petitions challenging the transfer of P125 million in confidential funds to the Office of the Vice President (OVP) in 2022. In a consolidated 19-page comment, Duterte’s camp argued that the petitions lack an actual case or controversy, making them unsuitable for judicial intervention.
Arguments Presented by Duterte’s Camp
Duterte’s camp contends that the petitions do not present a justiciable controversy, as they are based on apprehensions and speculations rather than specific legal claims. “None of the petitions present an ‘actual case or controversy’ and none of the petitioners alleged a ‘legally demandable and enforceable right,’ which calls for the exercise of ‘Judicial Power,’” the comment stated.
The petitions, filed in November and December 2023, sought to have the funds returned to the government treasury and the transfer declared unconstitutional. Among the petitioners are prominent figures such as former Comelec chairperson Augusto Lagman, 1987 Constitution framer Christian Monsod, and former Department of Finance Undersecretary Maria Cielo Magno.
Legal Standing and Judicial Power
The Vice President’s camp emphasized that for the court to exercise its judicial power, the following conditions must be met:
- There must be an actual case or controversy.
- The petitioner must have legal standing.
- The question of constitutionality must be raised at the earliest opportunity.
- The constitutional question must be central to the case.
Duterte’s legal team argues that the petitions fail to meet these criteria. “No question, no matter how interesting or compelling, can be answered by this Court if it cannot be shown that there is an ‘actual and antagonistic assertion of rights by one party against the other in a controversy wherein judicial intervention is unavoidable,’” the comment read.
Background of the Petitions
The initial petitioners included a diverse group of former government officials and legal experts who challenged the constitutionality of the fund transfer. The Makabayan bloc representatives filed a similar petition in December 2023, requesting the return of the funds and declaring the transfer void and unconstitutional. Additionally, a group of lawyers, priests, and law students, including Justice Antonio Carpio and former senator Richard Gordon, asked the Court to nullify the order and circular governing the disbursement of confidential and intelligence funds.
Response to Allegations
In August 2023, Duterte maintained that the fund allocation was legal and transparent, responding to the Commission on Audit (COA) disclosure that the OVP spent P125 million in 11 days in December 2022. “There was nothing irregular or unauthorized about how the funds were spent,” Duterte asserted.
Conclusion
The Supreme Court’s decision on whether to entertain these petitions will hinge on the arguments presented regarding justiciability and the petitioners’ legal standing. For now, Duterte’s camp firmly believes that the petitions should be dismissed due to their speculative nature.