COA: DOJ illegally gave P16 M in honoraria

MANILA, Philippines - The Commission on Audit (COA) has alleged that the Department of Justice (DOJ) illegally gave more than P16.262 million in honoraria and other professional fees to its officials and employees, including prosecutors and staff tasked to handle the Maguindanao massacre case from 2014 to 2016.

The COA report, without specifically recommending a refund though notices of suspension have been issued on the transactions, said the DOJ should stop the grant of honoraria and adhere strictly to the rules under Presidential Decree 1445 or the Government Auditing Code.

State auditors, in a report released last week, said government funds were paid to recipients without required appropriation and recording, which made such transactions questionable.

The COA report noted that under PD 1445, such use of government money is considered illegal expenditures.

“No money shall be paid out of any public treasury or depository except in pursuance of an appropriation law or other specific statutory authority,” state auditors said.

In the case of honoraria given to prosecutors and prosecutorial and administrative staff handling the Maguindanao massacre case, the COA report said a contingent fund was released to DOJ to cover the payment of maintenance and other operating expenses (MOOE) relative to the prosecution of the case. 

Under the law, contingent fund means a reserve of money set aside to cover possible unforeseen future expenses. Honoraria cannot be considered unforeseen future expenses.  

DOJ officials explained the payment of honoraria was charged against the contingent fund, wherein the purpose of the release of allotment is to cover the operating expenses for the ongoing prosecution of the Maguindanao massacre case.

Records show a memorandum granting honoraria to the members and staff handling the case was indeed issued by then secretary Leila de Lima, but the audit team said it specifically stated that payment of honoraria is subject to availability of funds. 

“The contingent fund only provided for the payment of MOOE and honoraria (that) fall under personnel services, therefore, the payment of honoraria for those involved in the prosecution of the (Maguindanao massacre case) has no covering appropriation and should have not been paid out of the release for contingent fund,” state auditors said. 

The COA report said honoraria was also given to the DOJ’s Board of Claims (BOC) created under Republic Act 7309, for Victims of Unjust Imprisonment or Detention and Victims of Violent Crimes, which receives funding from the Philippine Amusement and Gaming Corp. (Pagcor) and the courts.

State auditors said it also receives funding from the General Appropriations Act but with no provision for personnel services, where honoraria is categorized and means that “the payment of honoraria to the members and staff of the BOC is considered illegal.”

DOJ officials, in defense, argued that funds given for the program were without any condition on its use or appropriation and since the law does not prohibit the grant of honoraria, there was no violation. “What the law does not prohibit, it allows,” the DOJ said.

The audit team, however, disagreed and maintained that the grant of honoraria to personnel involved in the Victims Compensation Program has no legal basis.