Veteran lawyer Estelito Mendoza has been enlisted by Vice President Sara Duterte to defend her in three certiorari petitions filed with the Supreme Court. Concerning the controversial P125 million confidential fund allocated to her office in 2022.
Mendoza, 94, boasts a distinguished career, having served as Solicitor General under former President Ferdinand Marcos Sr. from 1972 to 1986. Often regarded as a “super” lawyer, Mendoza has successfully defended numerous high-profile figures, including former President Gloria Macapagal-Arroyo, Senator Ramon Revilla, and President Rodrigo Duterte’s chief legal adviser, Juan Ponce Enrile.
In a 16-page consolidated comment dated May 9, Mendoza confirmed that the Supreme Court had accepted his representation of Vice President Duterte through resolutions issued on January 30 and February 6. The petitions against Duterte challenge the constitutionality of the P125 million confidential fund, with the main petitioners being lawyer Christian Monsod, one of the framers of the 1987 Constitution, lawyer Howard Calleja, and ACT Teachers Representative France Castro.
Mendoza, in his defense, contended that the petitions failed to present an “actual case or controversy.” He emphasized that the Constitution prohibits the court from deciding on “abstract, hypothetical or contingent questions,” to avoid rendering advisory opinions on legislative or executive actions. He further argued that the mere authority to resolve a question does not necessitate the court’s involvement in every issue brought before it.
Additionally, Mendoza pointed out that the petitioners did not demonstrate any concrete injury resulting from the alleged actions of Vice President Duterte. He criticized the petitioners for making broad claims of being taxpayers or concerned citizens without meeting the constitutional requirement of justiciability. “The petitioners simply made a blanket allegation that they are taxpayers or concerned citizens but without the constitutional requirement of justiciability,” Mendoza noted.
The petitions for certiorari filed by Monsod and Castro in the previous year urged the Supreme Court to declare the transfer of the P125 million confidential fund from the Office of the President (OP) to Duterte’s Office of the Vice President (OVP) as unconstitutional. The confidential funds in question were part of the P221.4 million in contingent funds released by the OP to the OVP in December 2022.
As the legal proceedings unfold, Mendoza’s involvement brings significant legal firepower to Vice President Duterte’s defense, underscoring the contentious nature of the confidential fund issue and its implications for governmental transparency and accountability.
Yes must be dismissed for there is not justiciable controversy that the petitioners could have to show to the Court. The Rule is once a budget has been approved, there can be no reversible scheme or re channeling after the fact for which the purpose has been tabulated and agreed upon by the legislative votes thereof. As such it is flemsy reason to navigate further.
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