Lawyer Michael Poa, who served as Department of Education undersecretary when Vice President Sara Duterte headed the agency, said not all of the payments to informers using confidential funds have to result in the immediate success of the activities.

Questions over evidence requirements

Poa made the statement when asked about the DepEd’s justification for its use of confidential funds, which included payments for rewards to informers. Private prosecutor Benjamin Tolosa Jr. pointed to the provisions of the joint circular on the use of confidential funds, which states that the payments of rewards to informers must be supported with documents evidencing the success of the information gathering and/or surveillance activities on account of the information from the informer.

Tolosa asked Poa if the payment of rewards to informers needs evidence of the success of the information gathering and/or surveillance activities.

Poa answered, “Generally,” and tried to elaborate, but Tolosa asked him to answer with “yes” or “no.” Defense counsel Sheila Sison objected to Tolosa’s question, while Poa said he would answer with a “qualified yes,” which Presiding Officer Sen. Francis Escudero allowed.

“What I’m saying is, hindi lahat ng impormasyon na binibili, sa aking pag-iintindi, syempre pinag-aralan ko rin naman siguro ‘to nung iniinterview ako dito, hindi lahat ng binibili mong information ay necessarily magkakaroon ka agad ng success,” Poa said.

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Tolosa asked if he was saying that to comply with the joint circular, there is no need to show at all times that the information paid for has resulted in success.

Poa said that was his understanding.

“Unang-una, hindi kailangan na ‘pag bumili ka ng information, necessarily ‘pag nakuha mo ‘yung information, it will result to success kaagad,” he said.

“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 ay, necessarily, may success na kaagad,” he added.

It is unusual for a government agency to accept a “qualified yes” on whether they are following the rules. Usually, strict adherence to a joint circular is required, but Poa’s explanation suggests the agency views success as a long-term goal rather than a check-box requirement for each individual payment. This approach implies that the mere act of acquiring information, without knowing where it will lead, satisfies the circular’s requirements. The agency can keep records of these payments as evidence of compliance, even if the ultimate success of an operation isn’t immediately visible in the documents.