Confidential Fund Purchases for Intel Don't Guarantee Success, Ex-DepEd Undersecretary Testifies

Defense lawyer and former education undersecretary Michael Poa testified Tuesday that purchasing information from informants using confidential funds does not guarantee success in information gathering. "Unang-una, hindi kailangan na kapag bumili ka ng information, necessarily, 'pag nakuha mo 'yung information, it will result to success," Poa said when private prosecutor Benjamin Tolosa, Jr. asked if evidence of success is required in the purchase of information as provided under Joint Circular 2015-01, which governs the use of confidential and intelligence funds. Tolosa cut off Poa after such reply and said "That's my question (only), sir," but Poa insisted on explaining his answer and replied, "Come on, your honor. I'm trying to explain." Senate impeachment court presiding officer Francis Escudero ruled that Poa should be able to further explain his answer. Poa then added, "Hindi rin ibig sabihin na at the time na nakuha mo 'yung information and at the time that we needed to submit evidence of success [to the Commission on Audit], necessarily, may success na kaagad." (It does not mean that just because you already got the information and we needed to submit evidence of success, it does not necessarily mean there is already a success.) Tolosa then asked asked Poa to confirm that it was his position that the Department of Education (DepEd) paid informants with confidential funds for information, and compliance with 2015 Joint Circular does not necessarily require evidence of success. Poa replied: "Yes, Sir." Poa also testified that he asked for military certification from then-DepEd undersecretary and retired Colonel Nolasco Mempin to liquidate the department's P15.5 million in confidential funds, and that Mempin did not have personal knowledge on how the P15.5 million in DepEd confidential funds were spent. — VDV, GMA News