SC asked to declare confidential funds unconstitutional

MANILA, Philippines: A petition seeking the declaration of the confidential and intelligence funds unconstitutional has been filed before the Supreme Court.

A petition for certiorari and mandamus was filed on Wednesday to nullify Executive Order (EO) 2 and the Commission on Audit Joint Circular 2015-01 which allows the use, transfer and disbursement of the confidential funds.

The petitioners, led by retired senior associate justice Antonio Carpio, argued that the allocation and the release of confidential funds are unconstitutional as it violates Section 28 Article II of the Constitution which refers to the public disclosure of transactions involving public interest.

«There is no law that exempts full public disclosure and the people's right to have access to information, official records, public records and to documents and papers pertaining to the Confidential Funds. Significantly, there is no showing that OVP's (Office of the Vice President) conduct falls under any of the exceptions provided for under the aforementioned EO or any relevant laws,» said the petitioners who also included lawyers Howard Calleja and Joseph Peter Calleja.

According to the petitioners, this also violates the constitutional right of the people to information said in Article 3 Section 7.

Named respondents were Vice President Sara Duterte, Senate President Juan Miguel Zubiri, Speaker Martin Romualdez, and Executive Secretary Lucas Bersamin.

Executive Order 2 requires full public disclosure of all offices in the executive branch.

However, Vice President Duterte used the EO and the joint circular not to disclose how the CIF was spent and utilized, according to the petitioners.

«To reiterate, the Executive Branch which issued EO No.2 (S. 2016) and the Joint Circular Circular were not delegated of any legislative power by the Congress to create guidelines on the disbursement and liquidation of the Confidential Funds, and as result threatened Petitioners' and the public's right to information on matters of public concern and violated the 'full disclosure' mandate of the Constitution,» the petitioners, who also included members of the University of the Philippines Law Batch 1975, priests and law