Marcos greets VP Sara on her 46th birthday

BBM camp photo

Despite his “complicated” relationship with her family, President Marcos greeted Vice President Sara Duterte as she turned 46 on Friday.

The President took to Facebook and Instagram to extend his well wishes to Duterte, with whom Marcos has publicly tried to maintain good relations, despite the repeated criticism of her father, former President Rodrigo Duterte, and his former aides.

“Happy birthday, Inday Sara! Your hard work and love for our country inspires our youth and our teachers,” Marcos said in a mixture of English and Filipino. “Let us continue working for a strong education system under a new Philippines!”

The President made the greeting only two days after the Vice President asked the Supreme Court to dismiss the petitions to declare the release of the P125 million confidential funds to the Office of the Vice President (OVP) in 2022 unconstitutional and void.

Pending case

In a consolidated comment, Duterte, through former Solicitor General Estelito Mendoza, said the “petitions are mere apprehension and speculation about contingent funds or confidential funds, which does not constitute a justiciable controversy.”

Mendoza argued that the petitioners failed to cite any actual case or controversy or show any injury or difficulty that they have encountered from the act they complained about.

But the petitioners argued that the OVP’s request, receipt, and use of the funds without congressional authorization violated the Constitution, which states that no money shall be paid out of the Treasury except in pursuance of an appropriation made by law.

Among the petitioners in the case are the groups of lawyers led by former Comelec Chair Christian Monsod, former presidential spokesperson Barry Gutierrez, retired Supreme Court Senior Associate Justice Antonio Carpio, Howard Calleja, the ACT Teachers party list, and the Makabayan bloc of lawmakers in the House of Representatives.

The petitioners said the Office of the President’s release of the P125 million has no legal basis because there was no congressional appropriation for the Office of the Vice President in the 2022 General Appropriations Act, and the Executive branch is not authorized to pass its own budget outside of the appropriations law.

They added that the provisions in appropriation laws on discretionary funds and lump sums must be subjected to strict interpretation, given that they are exceptions to Congress’ power regarding appropriations.

Lastly, they asked the Supreme Court to declare the funds “fully auditable” and, therefore, subject to rigorous auditing by Commission of Audit for any signs of corruption and irregularities.