Robredo camp: COA had cleared hiring of private lawyer as OVP consultant
FILE PHOTO: Then-Office of the Vice President spokesperson Atty. Barry Gutierrez. INQUIRER.net/Noy Morcoso
MANILA, Philippines — The camp of former Vice President Leni Robredo on Wednesday clarified that the Commission on Audit (COA) had already cleared their hiring of a private lawyer as a consultant for the Office of the Vice President (OVP) during their term.
Robredo’s spokesperson Atty. Barry Gutierrez said the OVP during their time made an appeal on May 27 regarding the matter and the COA granted it on June 29 due to the “absence of bad faith, malice, or gross negligence” – thus, “effectively lifting” the disallowance notice issued against payments to the consultant.
Gutierrez was referring to one of COA’s observations in its 2021 audit report on OVP concerning a private lawyer who was supposedly hired without first securing permission from the state auditor and the Office of the Solicitor General (OSG).
“The matter was appealed by the OVP to the COA on 27 May 2022, and the appeal was granted on 29 June 2022, effectively lifting the Notice of Disallowance considering the absence of bad faith, malice, or gross negligence in the transaction. It is now currently undergoing automatic review by the Commission,” he said in a statement.
He likewise reiterated the comment of the then-OVP on the matter which was included in the audit report. He said that upon assumption of Robredo in 2016, the OVP wrote the Office of the President (OP) requesting the creation of positions for a group of policy advisers which would have been the post occupied by the consultant. But Gutierrez stressed the OP “never acted on the request.”
“In its appeal, OVP maintained that the consultant was engaged and worked primarily as a key adviser on policy matters, and not as a lawyer; hence, should not be covered by the COA circular,” he said.
“Upon assumption of VP Robredo in 2016, a written request was already made to the Office of the President (OP) to establish positions for a core group of policy advisers, including the consultant in question. OP never acted on the request,” he added.
In the 2021 audit report, COA cited a circular released in April 1986, which stated that public funds paid to private lawyers hired by government agencies to render legal service – without the approval of the Solicitor General and the concurrence of COA – may be disallowed or ordered returned to public coffers.
READ: COA flags Robredo’s OVP for hiring lawyer without approval
OSG is an independent office attached to the Department of Justice, which is considered the government’s law firm, handling cases faced or pursued by public offices.
“OVP engaged the services of a private lawyer as a legal consultant without the written conformity and acquiescence of the Solicitor General and concurrence of COA, and despite having legal officers, in violation of pertinent COA rules and regulations; thus, related payments are considered irregular and unnecessary expenditures,” COA said in its report.
“[…] the payment out of public funds of retainer fees to private law practitioners who are so hired or employed by government agencies to render legal services for them […] without the prior written conformity and acquiescence of the Solicitor General or the Government Corporate Counsel, as the case may be, as well as the written concurrence of the [COA] shall be disallowed in audit, and the same shall be a personal liability of the officials concerned,” it added.
COA also said their audit team found out that there was no valid reason that made the hiring of a legal consultant necessary – noting that the Legal Affairs Division was created in 2020 to strengthen the OVP.
But Gutierrez asserted that since the private lawyer’s consultancy work involved being an adviser on policy matters and not as a lawyer, the individual is not covered by the rules of the OSG.
Nevertheless, despite such observation from COA, state auditors still gave an “unqualified opinion” for its inspection of the OVP’s 2021 financial records. The former Vice President even announced this milestone for the OVP on June 29 or a day before she stepped down from office.
READ: Robredo leaves OVP with top COA ratings, fresh ‘Angat’ drive
COA’s unmodified or unqualified opinion is the highest possible audit grade for government offices. The OVP during Robredo’s administration was able to get COA’s unqualified opinion for four years straight.
