Manila Bulletin

Lawmakers ask for fair and square DAP probe

- By CHARISSA M. LUCI and GENALYN D. KABILING

Lawmakers are counting on incoming justice secretary Vitaliano Aguirre II to conduct a fair and square investigat­ion on officials of the outgoing Aquino administra­tion who were supposedly involved in the implementa­tion and commission of illegal acts under the Disburseme­nt Accelerati­on Program (DAP).

Malacañang, however, was quick to brush aside the allegation­s, saying that President Aquino broke no law in carrying out the DAP and that “As Chief Executive, President Aquino faithfully followed the Constituti­on and the laws of the land.”

Oriental Mindoro Rep. Reynaldo Umali, a Liberal Party stalwart, and AKO Bicol party-list Rep. Rodel Batocabe, spokespers­on of the House party-list bloc, asked the Duterte administra­tion to pursue cases against those involved at all cost.

“We expect a fair and square filing of charges. But such case will depend on evidence,” Umali said.

“At the end of the day, the conviction will rest on the strength of prosecutio­n evidence, and no other. And quantum of evidence is proof beyond reasonable doubt,” he said.

Batocabe, who is now allied with incoming Speaker and Davao del Norte Rep.-elect Pantaleon Alvarez of Partido Demokratik­ong Pilipino-Lakas ng Bayan (PDP-Laban), expressed hope that under the incoming Duterte administra­tion, the prosecutio­n and judicial system will be strengthen­ed.

“We expect a fair and just investigat­ion to strengthen our prosecutio­n and judicial system. I am confident that the Duterte administra­tion will do just that,” he said.

Even though the DAP was declared largely unconstitu­tional by the Supreme Court, Presidenti­al Communicat­ions Operations Secretary Herminio Coloma Jr. said there was presumptio­n of regularity in the actions of the government.

“If we may recall, the Supreme Court upheld the motion for reconsider­ation filed through the Office of the Solicitor General, particular­ly on the operative fact doctrine. In that Decision, the Supreme Court categorica­lly ruled and upheld the presumptio­n of regularity in the implementa­tion of the DAP,” he said.

Spare no cows

Duterte issued a marching order to Aguirre to spare no cows and pursue corruption cases against the officials of the outgoing Aquino administra­tion over unconstitu­tional acts under DAP.

For her part, incoming Kabataan Party-list Rep. Sarah Elago welcomed Aguirre’s pledge to probe officials of the Aquino administra­tion for their involvemen­t and commission of unconstitu­tional acts under the DAP and file charges against everyone implicated “no matter who gets hurt.”

“We appeal to incoming Justice Secretary Aguirre and incoming President Duterte to exhaust all means to implement the Supreme Court ruling on DAP. The Filipino people have high expectatio­ns for the DOJ regarding this case. Aguirre should not let us all down by simply absolving Aquino and Abad,” Elago pointed out.

She anticipate­s that Aquino and Abad will be found guilty over several charges, including malversati­on and plunder.

“The DOJ should take the cues from the DAP decision of the SC, as it clearly challenges the public to hold Aquino and Abad accountabl­e for creating DAP,” Elago said.

In a 27-page ruling in February last year, the Supreme Court upheld the unconstitu­tionality of several acts under DAP, particular­ly the “withdrawal of unobligate­d allotments from the implementi­ng agencies, and the declaratio­n of the withdrawn unobligate­d allotments and unreleased appropriat­ions as savings,” and the “cross-border transfer of savings.”

The SC also emphasized that “only DAP projects found in the appropriat­e GAAs may be the subject of augmentati­on by legally accumulate­d savings.” “Whether or not the 116 DAP-funded projects had appropriat­ion cover and were validly augmented require factual determinat­ion that is not within the scope of the present consolidat­ed petitions.”

“This is precisely what the DOJ needs to investigat­e – whether a crime was committed by channeling funds to these DAP projects. Any keen observer who’s followed the DAP fiasco would agree that enough evidence is present to indict Aquino and Abad,” Elago said.

Newspapers in English

Newspapers from Philippines