The Office of the Vice President (OVP) still retains options for legal recourse should the Commission on Audit (COA) uphold a Notice of Disallowance regarding its funds, defense spokesperson Atty. Michael Poa stated.
Speaking at a media briefing following the 15th day of Vice President Sara Duterte’s impeachment trial on August 12, Poa detailed the procedural steps available to government agencies contesting audit findings.
He explained that if the COA Commission Proper rules against an agency, a motion for reconsideration can be filed. Should the disallowance be sustained, the agency may elevate the dispute to the judiciary.
“Ang susunod na steps po diyan is aakyat tayo ngayon sa Supreme Court via Rule 65 in relation to Rule 64 of the Rules of Court,” he said.
Poa specified that Rule 64 applies to petitions involving constitutional commissions like the COA and the Commission on Elections, whereas Rule 65 deals with claims involving grave abuse of discretion.
“So ang magiging ground mo bakit ka umaakyat sa Supreme Court is because you believe there was grave abuse of discretion on the part of COA,” he added.
Clarifying the context of his remarks, Poa noted that the defense was simply outlining established legal remedies rather than addressing the factual merits of the audit case itself.
“Sa ngayon sinasabi po naman ng witness na meron pa tayong remedies available for OVP,” he added.
The management and liquidation of the OVP’s confidential funds have been central issues during Vice President Duterte’s ongoing impeachment proceedings, with both prosecution and defense panels drawing from COA audit reports.
Throughout the trial, the defense has maintained that the OVP’s rights to exhaust administrative and judicial remedies, including a Supreme Court appeal, remain fully intact.