MANILA — Former Senate President Franklin Drilon on Thursday raised a possible violation of the Constitution when the Office of the President (OP) transferred P125 million in confidential funds to the Office of the Vice President (OVP) in 2022.

Drilon, citing the Constitution, said the transfer of funds from one agency to another is valid when an item needs to be augmented. But he recalled there was no item for confidential funds in the OVP when they debated on its proposed budget in 2022.

The zero allocation for the OVP's confidential funds was also confirmed by Atty. Barry Gutierrez, then spokesperson of former Vice President Leni Robredo.

"The Supreme Court squarely ruled that the power to augment cannot be used to fund non-existing items in the budget," Drilon told ANC's Headstart," citing the case of Araullo v Aquino.

"There was no item. Since there was no item then you could not augment. The key is augmentation. If there is zero budget, what can you augment? There is no deficiency in the item that needs augmentation," he added.

Confidential expenses of Vice President Sara Duterte's office rose to P125 million in 2022, from zero confidential expenses in 2021 under Robredo, according to state auditors.

• Magic! OVP spent P125 million confidential funds in 19 days - lawmaker
• Makabayan bloc mulls impeachment raps vs Sara Duterte over confidential funds

Watch more News on iWantTFC

Executive Secretary Lucas Bersamin confirmed in a statement that the OP authorized the release of P221.4 million to Duterte's office in 2022, including the P125 million in confidential funds. He said it was in "compliance" with Special Provision No. 1 under the 2022 Contingent Fund.

The P221 million transfer was approved by President Ferdinand Marcos Jr. under Maintenance and Other Operating Expenses (MOOE), based on the statement by Bersamin, a former chief justice.

Some P96.424 million were transferred to fund financial assistance or subsidy, while P125 million was given to finance confidential funds for newly created satellite offices, which is chargeable against the fiscal year 2022 contingent fund.

Drilon, a former justice secretary, said the Supreme Court decision could not be changed by law, adding that the provision cited by Bersamin "cannot be enforced in the face of this Supreme Court decision which clearly stated you cannot augment."

For 2024, the OVP is requesting P500 million in confidential funds.

Watch more News on iWantTFC

• Senate revives oversight panel on intel, confidential funds
• DepEd spying on students, teachers alarms Hontiveros