“Sen. Binay is at best, inaccurate” —Lawyer on Senator Binay’s statement conducting an audit not part of function & powers of VP

The Luminous (admins of FB page are both lawyers) has expressed their opinion regarding Senator Nancy Binay nixing President Duterte’s plan to conduct an audit of government agencies if he was the Vice President.

Sen. Binay is only one of those who reacted to the President’s statement that he will, if elected VP audit government agencies. She thinks this is not the function of a Vice President.

The Luminous reckoned that Senator Binay argued that the VP’s job is simply a spare tire.

The VP’s only job is to wait for the President to be incapacitated.

The Luminous cited the Constitution to prove that Senator Binay’s statement does not hold much weight using the senator’s father as an example.

However, the constitution says that the VP may be appointed as a member of the Cabinet (Art. VII sec. 3). Then VP Jejomar Binay held the portfolio of Housing Czar and Presidential Adviser on OFW concerns. The housing position is cabinet level based on EO 20 series of 2001, but the advisor position is not.

Thus precedent had been set that a VP has been given a position even if not of cabinet rank. This means that while it is NOT the constitutional function of the VP to be an advisor, it is not barred by law either, the Luminous added.

So Sen. Binay is at best, inaccurate, the Luminous said.

Now to answer the question whether the VP can audit government agencies? The Luminous argued there is no law that says it is illegal.

Now can the VP conduct an audit of government agencies? We submit that there is no law barring it. While COA is the one that conducts official and final audit, (and yes it is COA that audits COA) there is nothing that says that a parallel audit may not be conducted.

What happens if the findings of the VP contradicts the COA findings? Here’s what the Luminous says to settle the debate.

Now if the findings of a parallel and unofficial audit contradicts the official one, COA will be presumed correct but a case can be filed to challenge COA findings.

The Luminous ended the FB post by taking a swipe at Senator Nancy Binay.

PS. Being a Vice President’s daughter, while it gives a unique perspective and experience to a senator does not mean that such an opinion holds more weight than the constitution.


Source: Luminous by Trixie Cruz-Angeles & Ahmed Paglinawan

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