‘CLEAR STANDARD’ | Confidential, intelligence funds must be restricted to specific agencies, says Drilon

September 7, 2023 , 03:17 PM

By Beatrice Puente

(September 7, 2023) – Amid mounting concerns from the public, former senator Franklin Drilon on Thursday called on the government to restrict the granting of confidential and intelligence funds to agencies assigned to conduct intelligence operations.

Drilon said civilian agencies have no business in securing the said funds when they can rely on the information gathered by security and peacekeeping agencies instead.

“Only those agencies involved in gathering intelligence should be given confidential and intelligence funds. That should be the clear standard,” said Drilon.

Under the 2024 National Expenditure Program, the administration of President Bongbong Marcos Jr. seeks around P10 billion in confidential and intelligence funds, which includes P4.56 billion for the Office of the President (OP).

Vice President Sara Duterte-Carpio also asks for confidential funds amounting to P500 million for the Office of the Vice President (OVP) and P150 million for the Department of Education.

A report by the Commission on Audit also revealed that Duterte-Carpio was able to get P125 million in confidential funds last year following the transfer authorized by the OP.

Executive secretary Lucas Bersamin maintained that the transfer was legal because it was made in compliance with Special Provision No. 1 under the 2022 Contingent Fund.

“VP Sara, who was newly elected then, needed funds for her new programs for the remaining period of 2022. The president supported this initiative and released the funds, with the favorable recommendation of the (Department of Budget and Management),” said Bersamin, who served as chief justice during the term of Duterte-Carpio’s father, former President Rodrigo Duterte.

But Drilon disagreed with Bersamin since the transfer can only be authorized when a particular item needs augmentation. With the absence of confidential funds in the OVP’s approved budget last year, he said the fund transfer raises constitutional concerns.

“The Supreme Court squarely ruled that the power to augment cannot be used to fund non-existing items in the budget,” said Drilon, who’s also a former Department of Justice secretary, on ABS-CBN News Channel’s Headstart. “If there is no budget, what can you augment? There is no deficiency in the item that needs augmentation.”

He cited the case of Araullo v. Aquino in 2014. It was echoed by Atty. Barry Gutierrez, the former spokesperson of former Vice President Leni Robredo, as he noted the illegality of the transfer.

“The money was transferred to an OVP ‘confidential fund’ that was not in the 2022 GAA (General Appropriations Act),” said Gutierrez, adding that this violates Article VI, Section 25 (5) of the 1987 Constitution. “(It was) explained in Araullo v. Aquino, ironically penned by then-Justice Bersamin.”

Drilon urged lawmakers in the Senate to convene the oversight panel more regularly to look into the use of confidential and intelligence funds.

Progressive groups have repeatedly called for the reallocation of these confidential funds to social services because this would benefit the public more.

(PM)

Privacy Statement

Our Privacy Commitment

TV5 Network Inc. values and respects your privacy. We are committed to safeguarding your personal data in compliance with Republic Act No. 10173 or the Data Privacy Act of 2012 and its implementing rules and regulations.

We have developed a Privacy Policy that adopts and observes appropriate standards for personal data protection. While our Privacy Policy sets out the general principles governing the collection, use, and disclosure of our users’ personal information, our Privacy Commitment seeks to inform you more about TV5’s privacy practices.

Why do we collect your personal information (as applicable)?

We may collect and maintain basic information about you as site user of TV5 sites for the following purposes:

To deliver news and updates on current events, sports, esports and entertainment;
To share livestreams of news and sports events;
To understand our viewers’ needs and preferences;
To meet legal and regulatory requirements; and
To perform other processes or disclosures that are required to comply with pertinent laws, rules, or regulations.

Where do we get your personal information?

There are several ways we collect your personal information.

Information that you personally provided.

Most of the personal information we have are those that you have provided us when you:
- Register to our programs or services;
- Inquired, filed a complaint or requested for our services;
- Took part in our research and surveys; and/or
- Became our Partner, Vendor, Contractor or Supplier.

Information we collect during your engagement with us

We also collect information as you use our products and services, like:
- Viewing our websites;
- Activities that are being tracked by our website cookies;
- Calling our hotline;
- Using our apps, websites, and self-service channels and portals; and/or
- Joining our promos, prize raffles, or rewards and loyalty programs.

Information we collect from other sources

Other means of collection of information may be through:
- Our market research initiatives;
- When you visit and use our websites and mobile application; and
- Subsidiaries, affiliates, and third-party business partners to whom you have given consent to share your information to us.

When do we disclose personal information?

There may be instances when we are required to share the information you provided us. In such cases, we ensure that your personal information will be disclosed on a confidential manner, through secure channels and in compliance with the Data Privacy Act and other privacy laws.

We will never share, rent, or sell your personal information to third parties outside of TV5 except in special cases where you have given consent, and in cases described in our privacy policy.

In some instances, we may be required to disclose your personal information to our agents, subsidiaries, affiliates, business partners and other third-party agencies and service providers as part of our regular business operations and for the provision of our programs and services. This means we might share your information with our service providers, contractors, and professional advisers who help us provide our services.

How we protect your personal information

The integrity, confidentiality, and security of your information is important to us. We have implemented technical, organizational, and physical security measures that are designed to protect your information from unauthorized or fraudulent access, alteration, disclosure, misuse, and other unlawful activities.

We also put in effect the following safeguards:

We keep and protect your information using a secured server behind a firewall, encryption and security controls;
We keep your information only for as long as it is necessary for us to (a) provide the products and services that you avail from us, (b) for our legitimate business purposes, (c) to comply with pertinent laws, and (d) for special cases that will require the exercise or defense of legal claims;
We limit the access to your information only to qualified and authorized personnel who are trained to handle your information with strict confidentiality;
We undergo regular audits and rigorous testing of our infrastructure’s security protocols to ensure your data is always protected;
We promptly notify you and the National Privacy Commission when sensitive personal information that may, under the circumstances, be used to enable identity fraud are reasonably believed to have been acquired by an unauthorized person; and
We let you update your information securely to keep our records accurate.

TV5 will not collect, use, or disclose your personal information for any purpose other than the purpose that you may have given your consent for.

What are your choices?

We make sure that we have your consent to continue to collect, use, and disclose your personal information for the purposes that we have identified. We want you to know that you may object or withdraw your consent and/or edit your consent preferences at any time.

If you wish to have access to the personal information in our custody or if you think that the personal information you provided is incomplete, or otherwise inaccurate, you may get in touch with our Data Protection Officer through the contact details provided below. In some instances, we may request for supporting documents or proof before we effect requested changes.

Data Protection Officer
TV5 Network Inc.
Reliance corner Sheridan Streets
Mandaluyong City
tv5dataprivacy@tv5.com.ph

What happens when there are changes in our Policy?

From time to time, we may update our privacy policy and practices to comply with changes in applicable laws and regulatory requirements, adapt to new technologies and protocols, and align with the best practices of the industry.

You will be provided notices if the changes are significant and, if we are required by law, we will obtain your updated consent.