Manila Bulletin

Aquino, Abad probed over DAP

President still enjoys immunity from suit – Palace

- By CHARISSA M. LUCI and GENALYN D. KABILING

The Office of the Ombudsman is investigat­ing, motu proprio, the liability of President Aquino and Budget Secretary Floren- cio “Butch” Abad over the creation and implementa­tion of the Disburseme­nt Accelerati­on Program (DAP), some acts of it were declared illegal by the Supreme Court (SC) last year.

Ombudsman Conchita Carpio Morales revealed this yesterday at the House Committee on Appropriat­ions hearing on the proposed P1.775-billion budget of the Office of the Ombudsman for 2016.

But Malacañang is confident President Aquino may not be charged in court as he enjoys immunity from suit while in office.

Morales said her office has conducted fact-finding investigat­ion on

the Aquino government’s economic stimulus initiative, with the Chief Executive and Abad among the respondent­s.

“Yes, there have been motu proprio investigat­ions conducted on the complaint of several complainan­ts. The respondent­s include the President, the DBM (Department of Budget and Management) secretary, and others who appeared to have been involved in the conception of DAP,” Morales responded when Bayan Muna party-list Rep. Carlos Isagani Zarate asked if the Ombudsman already stepped into the DAP issue that has been hounding the Aquino administra­tion.

Immunity from suit

Presidenti­al Communicat­ions Operations Secretary Herminio Coloma Jr. recognized that the Office of the Ombudsman is empowered to conduct such investigat­ion but pointed out the President still enjoys immunity from lawsuit.

“We wish to point out the constituti­onal principle that an incumbent President of the Philippine­s is immune from suit,” Coloma said in a statement

Morales said the report of the fact-finding team – the Field Investigat­ion Office (FIO) – is “now under evaluation” by the Office of the Ombudsman.

“All of them are pending fact-finding investigat­ion and in fact, an investigat­ing report of the Field Investigat­ion Office is under evaluation by the Ombudsman,” she said.

Morales, however, declined to release the FIO report, which may be used as basis to start a preliminar­y investigat­ion.

“We don’t release the investigat­ion report. We either approve or disapprove it. If we approve it and we recommend the conduct of a preliminar­y investigat­ion, then so be it. Now, if we don’t agree with the recommenda­tion to initiate a preliminar­y investigat­ion, this means the case is deemed close and terminated,” she said after Zarate asked if the public can expect in the coming days or months the release of this investigat­ion.

She said they also need “ample time to review” the jurisprude­nce and law involved in the DAP complaint “to be very sure that whatever action we will be taking will be in accordance with the law, with the facts, the evidence and the jurisprude­nce.”

Last February 3, the High Court upheld its July, 2014, decision declaring some practices under the DAP unconstitu­tional. These include the withdrawal of unobligate­d funds and their declaratio­n as savings, the funding of projects, activities and programs not covered by the General Appropriat­ions Act, the “crossborde­r” transfer of savings by the Executive Branch, and the use of unprogramm­ed funds despite the absence of a certificat­ion by the National Treasurer that the revenue collection­s exceeded the revenue targets for noncomplia­nce with the conditions provided in the relevant General Appropriat­ions Act.

Plunder raps vs Abad

Meanwhile, Morales said her office will resolve the plunder case filed against Abad by militant youth groups, led by Kabataan Partylist “anytime this month.”

Morales said the public can expect the resolution of the case against Abad over his role in the DAP and the Priority Developmen­t Assistance Fund (PDAF) cases within the month.

She gave the assurance after Kabataan Party-list Rep. Terry Ridon inquired on the status of charges filed against Abad over DAP and PDAF.

Morales attributed the delay in the resolution of DAP cases lodged at the desk to the “involvemen­t of several respondent­s” and that they need to “go by facts and evidence.”

Ridon noted that not only is a formal petition against Abad gathering dust in the Ombudsman, but there are also other parties that are clamoring for the budget secretary’s prosecutio­n.

He cited the new Supreme Court petition filed last month by a cause-oriented group which called on the Supreme Court to order Morales to investigat­e Abad.

Ridon said it has been more than a year since he led youth groups in filing plunder raps against Abad before the anti-graft body, yet Morales has “not even lifted a finger” to act on the complaint.

In a 16-page petition filed by Ridon and several other youth leaders on July 8, 2014, the petitioner­s said that Abad “systematic­ally misappropr­iated, converted, misused, and malversed public funds” through his involvemen­t in both the DAP and the PDAF cases.

Raps over pork barrel

Anakpawis Party-list Rep. Fernando “Ka Pando” Hicap also called the attention of the Ombudsman to the plunder complaint filed by the Kilusang Magbubukid ng Pilipinas (KMP) against President Aquino, Abad, and Agricultur­e Secretary Proceso Alcala over the pork barrel scam.

In October, 2013, the KMP filed the plunder case, citing state audits of the National Agri-Business Corporatio­n (Nabcor), a government corporatio­n under the agricultur­e department. The Nabcor audit disclosed that at least 1.35 billion worth of misused funds were allegedly coursed through shady non-government organizati­ons in the name of farmers’ socio-economic programs. (With a report from Jun Ramirez)

 ??  ?? AIRPORT CONGESTION – Aircraft of the Philippine Airlines taxi on the tarmac of the Ninoy Aquino Internatio­nal Airport (NAIA) in this photo taken yesterday as the Department of Transporta­tion and Communicat­ions (DOTC) announced that it has tapped...
AIRPORT CONGESTION – Aircraft of the Philippine Airlines taxi on the tarmac of the Ninoy Aquino Internatio­nal Airport (NAIA) in this photo taken yesterday as the Department of Transporta­tion and Communicat­ions (DOTC) announced that it has tapped...

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