Ombudsman indicts Aquino over DAP

Renato Reyes, Benjamin Valbuena, Dante Jimenez, Mae Paner, Antonio Flores, Gloria Arellano and Bonifacio Carmona Jr., who wanted Aquino and Abad charged with the heavier crimes of graft and technical malversation.

Usurpation carries a penalty of six months to six years in prison

- versation is punishable by the same period of imprisonment or a fine equivalent to half of the amount involved, or P36 billion in this case.

Abad’s motion to dismiss the case was also rejected, while Budget Undersecretary Mario Relampagos was cleared of any accountability.

The former budget secretary issued National Budget Circular (NBC) 541 in 2012 to implement DAP, the stimulus package of the Aquino administration that aimed to fast-track public spending and spark economic growth by declaring unspent funds as savings anytime and realigning the money to pet projects, including those of lawmakers.

DAP was declared unconstitutional by the Supreme Court in July 2014 on the grounds that the Constitution does not allow agencies to declare savings at any time and transfer the money to another branch of government or to projects not funded by the national budget.

In its resolution dated May 22, 2018 and approved on June 14, 2018, the Ombudsman said, “a Re-evaluation of the case establishes that the individual actions of respondent Aquino and respondent-movant Abad showed a joint purpose and design to encroach on the powers of Congress by expanding the meaning of savings to fund programs, activities and projects under the DAP.”

“Abad’s act of issuing NBC 541 cannot be viewed in a vacuum. The evidence on record shows that an exchange of memoranda between [Aquino] and [Abad] precipitated its issuance. Verily, without the approval of the said memoranda by respondent Aquino, NBC 541 would not have been issued,” it said.

Sought for comment, Abad, one of Aquino’s top aides and a stalwart of the erstwhile ruling Liberal Party, said in a text message: “We respect the decision of the Ombudsman and will make preparations accordingly.”

‘Aquino respects the process’

Aquino, who was charged with graft and usurpation of authority by the Ombudsman last year over the botched Mamasapano counterterrorism operation in 2015, can

- tion on the DAP indictment.

In a statement on Aquino’s behalf, the Liberals defended the stimulus program and said the expresident would be able to prove that he did nothing illegal.

“The DAP was crafted with the intention to deliver the services and infrastructure needed by the people and guided by the laws available to the executive. This is why former President Aquino gave his nod to the program,” the party statement said.

“Before all courts and until the very end of the process, former President Aquino will show that he did not commit any illegal act,” it said. “He will respect the process, as he expects that his reasoning be also given due course.”

Aquino, in his comment on the complainants’ motion for reconsideration, earlier said that his “actions were performed in accordance with law, as well as the rules and regulations existing and presumed valid at that time, and was motivated solely by good faith and a desire to improve

government, as well as spur economic growth and development of the country.”

“All these actions were squarely done within the regular performance of Respondent’s duties as the former President of the Philippines, without malice and other ill intentions,” he said, adding that the Supreme Court underscored in a 2014 case that “Respondent enjoys the presumption of good faith and the presumption of regularity in the performance