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Sara Duterte’s DepEd Legacy: COA Report Unveils Scandals in P5.6-Billion Feeding Program

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Louis ‘Barok’ Biraogo

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Sara Duterte’s DepEd Legacy: COA Report Unveils Scandals in P5.6-Billion Feeding Program

THE Department of Education’s (DepEd) School-Based Feeding Program (SBFP) is a failure.  That’s the verdict from a recent audit by the Commission on Audit (COA), which has revealed a series of operational failures that have left many questioning the program’s effectiveness and the accountability of those involved.  The report not only highlights significant lapses in the management of public funds but also raises questions about the broader political and legal responsibilities of key figures, including then-DepEd Secretary, Vice President Sara Duterte.

Under Scrutiny:  Sara Duterte’s Resignation and the DepEd’s Challenges

Sara Duterte’s tenure as the DepEd Secretary was marked by both political and administrative controversies. Her controversial resignation from the post earlier this year was officially attributed to her desire to focus on her role as Vice President. However, her departure came amidst rising tensions within the administration and increased scrutiny over DepEd’s handling of significant funds, including the P5.69 billion allocated for the SBFP. Critics have suggested that her resignation might have been a strategic move to distance herself from the emerging scandals and to protect her political capital, particularly given her prominent position as the Vice President and a key figure in the Duterte political dynasty.

The COA’s findings reveal troubling details about the SBFP’s implementation during Duterte’s leadership. Issues such as delays, nondelivery of food, and the provision of unsafe, pest-infested, and expired food items to students highlight severe lapses in the program’s management. These issues are not merely administrative failures; they also potentially implicate violations of laws governing public funds, food safety, and ethical standards in public service.

COA’s Report: Key Findings and Legal Implications

COA’s audit report detailed multiple infractions across 21 Schools Division Offices (SDOs). These include the delivery of food products unfit for consumption due to mold, pests, and questionable expiration dates. Additionally, there were significant discrepancies in the packaging and serving sizes of the food provided, with some items not meeting the contractual obligations.

Legal Violations and Ethical Breaches:

  1. Mismanagement of Public Funds: The delay and nondelivery of food items potentially constitute a breach of the Anti-Graft and Corrupt Practices Act (Republic Act No. 3019), which prohibits the causing of any undue injury to the government or any private party, including gross negligence in the management of public funds.
  2. Food Safety Violations: The provision of expired or pest-infested food items could violate the Food Safety Act of 2013 (Republic Act No. 10611), which mandates that all food distributed, including through public programs, must adhere to strict safety standards.
  3. Violation of Procurement Laws: The discrepancies in the packaging and serving sizes suggest potential violations of the Government Procurement Reform Act (Republic Act No. 9184), particularly concerning the failure to adhere to the specifications outlined in contracts.

The Supreme Court has, in various rulings, emphasized the responsibility of public officials to ensure the judicious use of public funds and adherence to legal standards in the execution of their duties. For instance, in Ombudsman v. Peliño (G.R. No. 196518), the Court underscored the importance of accountability in the management of public resources, highlighting that negligence or malfeasance in this regard could lead to administrative and criminal liability.

The Case for Context:  Understanding the Factors Contributing to the SBFP Problems

On the other side of the debate, defenders of Sara Duterte and the DepEd might argue that the issues identified by COA, while serious, could stem from systemic weaknesses and human errors rather than intentional misconduct. Public procurement and program implementation in the Philippines are often marred by bureaucratic inefficiencies and logistical challenges, particularly in far-flung regions where infrastructure and supply chain limitations are common.

Forgivable Lapses and Systemic Challenges:

  1. Bureaucratic Inefficiencies: The complexities of implementing a nationwide feeding program, especially in geographically diverse and remote areas, can lead to delays and occasional lapses in quality control. These challenges, while regrettable, are often the result of systemic inefficiencies rather than deliberate neglect.
  2. Human Error: The presence of mold or pests in food items could also be attributed to lapses in the supply chain or errors at the supplier level. Under the principle of non culpa lata (absence of gross negligence), minor lapses or errors, especially those that are promptly corrected, might not necessarily lead to severe legal consequences.
  3. Legal Defenses: Duterte’s defenders might invoke the doctrine of “presumption of regularity” in the performance of duties, a principle upheld by the Supreme Court in various cases, which assumes that public officers have performed their functions in good faith unless proven otherwise. This principle could be a key defense if allegations against her and the DepEd reach legal proceedings.

Objective Assessment: Weighing the Arguments

While the systemic challenges and human errors highlighted in the counter-arguments are valid considerations, they do not fully absolve the DepEd and its leadership from accountability. The scale and severity of the issues identified by COA, especially given the vulnerable population served by the SBFP, suggest a level of negligence that cannot be easily dismissed. The presence of expired and unsafe food items in a program designed to nourish malnourished children points to a failure in oversight that is more than a mere administrative lapse.

Potential Legal Consequences

Should further investigations establish that the lapses in the SBFP were due to gross negligence or malfeasance, those responsible, including Duterte, could face significant legal consequences. These may include:

  • Administrative Sanctions: Possible suspension or dismissal from public office, particularly for those directly involved in the procurement and implementation processes.
  • Criminal Liability: Charges under the Anti-Graft and Corrupt Practices Act, if it is proven that these lapses resulted in undue injury to the government or the public.
  • Civil Liability: Potential damages for breach of contract, especially if suppliers failed to meet the agreed-upon standards.

Recommendations

For Sara Duterte and the DepEd:

  • Full Cooperation: It is imperative that Duterte and the DepEd fully cooperate with ongoing investigations, providing all necessary documentation and facilitating audits to ensure transparency.
  • Reform Measures: The DepEd should implement immediate reforms to address the systemic weaknesses identified, including stricter quality control measures, improved supplier vetting processes, and enhanced monitoring of program implementation.
  • Accountability Mechanisms: Duterte should consider endorsing the establishment of more robust accountability mechanisms within DepEd to prevent future lapses, including independent audits and third-party oversight.

For COA and the House of Representatives:

  • Thorough Investigation: COA and the House should conduct thorough investigations, focusing not only on the immediate lapses but also on the broader systemic issues within DepEd that may have contributed to these failures.
  • Legislative Action: The House should consider legislative measures to strengthen the implementation of feeding programs, potentially through increased funding for monitoring and oversight activities.

The COA report on the DepEd’s School-Based Feeding Program (SBFP) is a wake-up call.  While there are valid counter-arguments to the criticisms raised, the weight of evidence suggests that significant reforms are necessary to prevent future failures and ensure that public funds are used effectively to benefit the most vulnerable members of society.  Let’s demand accountability from the DepEd and work together to ensure that the SBFP becomes a true lifeline for Filipino students in need.

Louis ‘Barok‘ C. Biraogo

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