Not just audits: COA will now file graft cases

MANILA, Philippines – The Commission on Audit (COA) will no longer just passively point out anomalies in the handling of government funds and hope for agencies or concerned citizens to act on those findings and file graft and corruption cases against erring officials.

On February 14, COA created the Prosecution and Litigation Office that will not only lawyer for auditors who are sued but, more importantly, will work with Ombudsman lawyers in prosecuting corruption cases.

COA Resolution 2014-004 creating the office – made public on Wednesday, February 26 – was signed by COA Chairperson Ma. Gracia Pulido Tan and Commissioner Heidi Mendoza. It will take effect immediately upon publication in the National Gazette or any newspaper of general circulation.

The PLO, which will be under the COA’s Legal Services Sector, will initially have a staff of 32. They include 12 prosecutors who will handle criminal, civil and administrative cases; 6 lawyers to defend auditors in lawsuits; 6 legal researchers; and 3 administrative assistants.

Tan and Mendoza said the joint investigation work that COA has done with the Office of the Ombudsman to build up cases made them realize the need for an office dedicated to preparing documentary evidence. 

The Ombudsman-COA Joint Investigation Team (JIT) has worked on the special audit of the P96.6-billion government share in the Malampaya natural gas project from 2002 to 2010, including the P19.4 billion that reportedly went to projects unrelated to energy development.

The team also uncovered P1.7 billion in irregularities concerning the swine program of the Quedan and Rural Credit Guarantee Corporation (Quedancor), the questionable transfer of P734 million from the agriculture department to the National Agri-Business Corporation,  and the P728 million fertilizer fund scam. 

“There is a need to create an Office specifically tasked to assist in the prosecution and litigation of JIT cases, those initiated by the COA against public officers and private individuals and cases involving audit actions,” the commissioners said.

Before this, COA always referred its findings on fund misuse to the Office of the Ombudsman, the Department of Justice or the Civil Service Commission.

When running after officials who have to return disallowances and questionable disbursements of public funds, COA has to be represented by the Office of the Solicitor General.

However, Tan and Mendoza said, Section 2 (2), Article IX-D of the Constitution gives COA “exclusive authority to define the scope of its audit and examination and to establish techniques and methods” it requires to perform its mandate.

“In the performance of its mandate, various irregularities are uncovered that warrant the filing of criminal, civil or administrative complaints against erring public officers and private individuals involved,” they said in the resolution.

In January when she attended a Senate hearing, Commissioner Tan told lawmakers that COA was ready to sue agencies whose officials pocketed cash advances in the last 10-15 years. – Rappler.com