House Prosecution Drafting Law to Police Confidential, Intel Funds Use

Manila: Prosecutor, Bicol Saro Party-list Rep. Terry Ridon, said on Thursday that members of the prosecution panel were drawing legislative lessons from the evidence presented during Vice President Sara Duterte's impeachment trial. 'Pinag-aaralan din po ng ilang mga miyembro ng panel iyong pag-file ng (Some members of the panel are studying the filing of a) Confidential and Intelligence Fund Integrity bill,' Ridon said at a House press conference. 'Basically, iko-codify iyong (it will codify) COA (Commission on Audit) rulings and COA guidelines.'

According to Philippines News Agency, confidential and intelligence funds are currently governed principally by Joint Circular 2015-01, issued by the COA, Department of Budget and Management, Department of the Interior and Local Government, Governance Commission for GOCCs (Government-Owned and -Controlled Corporation), and Department of National Defense. The circular governs the release, use, reporting, and audit of the funds. Ridon said an act of Congress could establish clearer standards that would not rest solely on administrative guidelines.

One area under study is the rental and documentation of safe houses. Ridon said the bill could examine whether rental costs should follow market rates and whether amounts exceeding those rates should require approval from the agency head. The measure could also establish a system to verify people identified by aliases in confidential fund documents without publicly exposing operational identities. 'Very important na mailatag din iyong actual check mechanism dito sa paggamit ng alias (to lay down the actual check mechanisms in the use of aliases),' Ridon said.

Ridon highlighted the importance of ensuring transparency while maintaining confidentiality. 'I don't think we will require names for aliases, but the real names should still be disclosed to the agency itself. If oversight agencies or offices would want to look into it, they should be able to identify these personalities in executive sessions.' Lawmakers could also clarify whether confidential funds should pay for goods such as medicines or be limited to information and related confidential activities.

The proposal would address who may receive and disburse confidential cash. The lawmaker said anyone permitted to handle the money outside the designated special disbursing officer should remain bonded and be an organic employee of the agency. He said the panel hopes to complete a draft within two weeks of finishing its confidential-fund presentation. No Senate counterpart had been identified yet, and the final authorship and provisions remained under discussion.

Ridon emphasized the need for accountability and enforcement. He said the draft could go beyond orders to return improperly spent money by creating direct consequences for violations. 'Sa ilalim po ng bagong batas na ito, baka dapat mayroon nang penal provisions sa pag-violate ng mga probisyong ito (Under this law, it may be necessary to introduce penal provisions for any violation of these provisions),' Ridon said.