Former President Rodrigo Duterte has recently disclosed that his daughter, Vice President and Education Secretary Sara Duterte, is considering the use of confidential funds to revive the mandatory Reserve Officers’ Training Corps (ROTC) program.

As the nation observes this unexpected development, questions regarding the appropriateness of allocating confidential funds for the purpose of compulsory ROTC training have taken center stage.

In an interview with SMNI, Rodrigo Duterte shared the specifics of his daughter’s proposal, stating, “Binasa ko ‘yung rationale, ang plano niya, unahan ko na lang — so I’m sorry I have to divulge this because binigay mo naman sa’kin, then I just make it public— gamitin niya ang pera, it’s only P125 million, gamitin niya sa mga PMT (Philippine Military Training), palakasin niya sa high school, pati ibalik talaga niya ‘yung ROTC.”

He further emphasized her intention to make ROTC training compulsory, asserting, “Ipipilit niya (she will insist) to make it compulsory.”

The proposal has sparked concerns about the legality of allocating confidential funds for the revival of the ROTC program, which has been dormant since 2002.

Duterte revealed that he cautioned his daughter about the extensive legislative process required to reintroduce mandatory ROTC, which has been absent from the educational landscape for over two decades. In response, Vice President Duterte clarified that her goal is to establish a “soft landing.”

For the fiscal year 2024 budget, the proposed confidential funds for the Office of the Vice President and the Department of Education amount to P500 million and P150 million, respectively.

The controversy surrounding the allocation of confidential funds has not been limited to the Duterte administration. Confidential funds, particularly those designated for President Ferdinand Marcos Jr. and Vice President Sara Duterte, have raised eyebrows among opposition lawmakers due to their substantial sums in the proposed 2023 budget.

Marcos, much like his predecessor Rodrigo Duterte, has requested a substantial P4.5 billion for confidential and intelligence funds within the Office of the President.

In a corresponding fashion, the Office of the Vice President (OVP) under Sara Duterte has requested P500 million in confidential funds, a notable departure from her predecessor, Leni Robredo, who refrained from such requests.

Comparisons with past administrations reveal a significant escalation in the allocation of confidential and intelligence funds.

Previous budgets, such as the one proposed during Gloria Macapagal-Arroyo’s presidency, asked for P600 million in confidential and intelligence funds, which would equate to approximately P930 million when adjusted for inflation.

Benigno Aquino III, in his last budget, requested a relatively modest P500 million in total, translating to slightly less than P600 million in today’s currency.

So, what exactly are these confidential and intelligence funds?

Defined by a 2015 joint circular between the Commission on Audit (COA), Department of Budget and Management (DBM), Department of the Interior and Local Government, Governance Commission for Government-Owned and Controlled Corporations (GCG), and the Department of National Defense, these funds serve specific purposes.

Confidential and intelligence funds are lump-sum allocations earmarked in the national budget for expenses linked to surveillance and intelligence information-gathering activities. Confidential funds support surveillance activities in civilian government agencies, while intelligence funds focus on information gathering with a direct impact on national security.

The 2015 joint resolution outlines specific authorized uses for these funds.

Confidential funds can be used for expenses such as purchasing essential information, renting transport vehicles for confidential activities, maintaining safehouses, purchasing or renting supplies and equipment for confidential operations, paying rewards to informers, and addressing illegal activities posing a threat to agency personnel or property.

Intelligence funds, meanwhile, are designated for activities directly impacting national security, special projects, and case operation plans involving covert psychological, internal security operations, campaigns against lawlessness, and lawless elements.

However, these funds are prohibited from covering expenses such as salaries, representation, consultancy fees, entertainment, construction, or acquisition of buildings or housing structures.

National government agencies (NGAs) have access to both confidential and intelligence funds, while local governments and government-owned and controlled corporations (GOCCs) are limited to confidential funds.

NGAs obtain their funding from the General Appropriations Act, a budget passed by Congress and signed into law by the president. GOCCs’ confidential funds are derived from their corporate operating budget, authorized by the GCG and the DBM, and local governments receive these funds through annual appropriations ordinances.

The allocation of confidential funds has sparked a debate on their appropriateness and legality.

Some opposition lawmakers have expressed concerns about these allocations, drawing parallels to the previously declared unconstitutional “pork barrel.”

While the offices of Marcos and Sara Duterte defend these allocations, asserting their necessity for national security programs, lawmakers like Rep. Edcel Lagman remain unconvinced.

They are contemplating plans to reallocate the confidential and intelligence funds, a challenging endeavor in a legislative landscape dominated by a supermajority of Marcos allies.