The Philippine Star

‘Lawmakers may be held liable for DAP ’

- STAR By EDU PUNAY With Paolo Romero, Jose Rodel Clapano

Lawmakers who benefitted from President Aquino’s Disburseme­nt Accelerati­on Program (DAP) could also be held liable, a magistrate of the Supreme Court (SC) said yesterday.

The insider explained to The STAR that while their ruling last week voiding executive acts under the DAP cleared beneficiar­ies of projects, it paved the way for investigat­ion and prosecutio­n of authors, proponents and implemente­rs of programs under the unconstitu­tional stimulus fund.

“The decision speaks for itself. The authors, proponents and implemente­rs – including lawmakers who received the fund and passed it on to their beneficiar­ies – have the burden to prove their good faith that the court demands. And that should be done in the proper tribunals, which is not this court,” said the senior justice who refused to be named for lack of authority to publicly tackle the implicatio­ns of the SC decision.

Anti-pork barrel crusaders have supported this opinion of the insider.

Former Manila councilor Grego Belgica, one of the petitioner­s in the case, believes that among those who could be held liable are the senators and congressme­n who received DAP funds from the Palace.

“They can be charged with graft and malversati­on unless they can prove good faith. As the SC said, good faith pertains only to the projects and recipients who received it in good faith – not to the perpetrato­rs or senators and congressme­n whose acts were tantamount to graft and malversati­on,” he told The

yesterday. Some senators have admitted receiving DAP funds from the Palace several months after they voted to oust chief justice Renato Corona in his impeachmen­t trial. Among them is Senator Antonio Trillanes IV, who claimed he thought the DAP funds were part of his pork barrel.

‘Begin probe now’

Belgica, who was also a petitioner in the SC ruling last year that struck down the Priority Developmen­t Assistance Funds of lawmakers, said the Department of Justice and Office of the Ombudsman should now start investigat­ion on DAP appropriat­ions just as the Commission on Audit did in line with the SC decision.

“It has to be started now so government and identified officials who utilized DAP funds can defend themselves in court and bring evidences to prove good faith in their illegal acts,” he said.

He said the probe can start with the evidence packet the solicitor general provided the court during oral arguments last January and February.

Belgica, however, admitted that considerin­g the level of officials involved and the magnitude of the scam, it will be very hard to hold everyone culpable.

But he rebutted the defense of the Palace that the DAP was approved in good faith.

Belgica said this has yet to be proven before the proper tribunal – as required by the SC ruling – and the executive department has the burden to do so.

He also pointed out the “misleading” statement of Palace spokesman Edwin Lacierda that the declaratio­n of the DAP as unconstitu­tional does not mean that the President and Budget Secretary Florencio Abad are now criminally liable.

“Criminal liability comes after the declaratio­n of unconstitu­tionality. It doesn’t take a lawyer to know that transferri­ng funds from the executive to the legislativ­e body is illegal. It doesn’t need a court decision to know it is a crime as it is clearly written by the text of the Constituti­on,” he said.

“Unless they can prove good faith then all their alibis amount to nothing,” he said.

The DAP ruling has triggered the filing of an impeachmen­t case against President Aquino and calls for resignatio­n of Abad, who both approved the stimulus program.

Unconstitu­tional scheme

In a 92-page decision penned by Associate Justice Lucas Bersamin, the high court held that the acts and practices under the DAP violated the constituti­onal doctrine of separation of powers and the provision prohibitin­g inter-branch transfer of appropriat­ions.

Senior Associate Justice Antonio Carpio and Associate Justice Arturo Brion cited possible liabilitie­s of the President and Abad in their separate opinions in the ruling declaring DAP unconstitu­tional even as they stressed that ruling on these issues is beyond the power of the high court.

In his 27-page concurring opinion, Carpio said it is no less than President Aquino who violated the constituti­onal doctrine of separation of powers of the three equal branches of government in approving the DAP releases that amounted to over P149 billion from October 2011 to September 2013.

The magistrate cited the admission of Abad before the high court that the DAP, National Budget Circular No. 541 and related executive issuances were approved by the President.

“The President under the DAP and NBC 541 usurps the power of the purse of Congress, making Congress inutile and a surplusage,” Carpio stressed, short of suggesting a ground for impeachmen­t.

Carpio said what was more puzzling is that “a majority in the Senate and in the House of Representa­tives support the DAP and NBC 541 when these executive acts actually castrate the power of the purse of Congress.”

Brion, for his part, detailed the possible culpabilit­ies of Abad.

“There are indicators showing that the DBM secretary might have establishe­d the DAP aware that it is tainted with unconstitu­tionality,” he said in his 62-page opinion.

Brion believes Abad cannot invoke good faith in justifying the DAP that he created.

“Armed with all these knowledge, it is not hard to believe that he can run circles around the budget and its processes, and did, in fact, purposely use this knowledge for the administra­tion’s objective of gathering the very sizeable funds collected under

the DAP,” he said.

Question Hour

The independen­t bloc in the House of Representa­tives urged yesterday the leadership of the chamber to summon Abad to the Question Hour to shed light on the still undisclose­d and puzzling details of the DAP.

Leyte Rep. Ferdinand Martin Romualdez, leader of the bloc, said despite the SC ruling and the growing public clamor for the Aquino administra­tion to be transparen­t about the DAP, Abad has yet to bare details of the fund.

He said Abad can no longer invoke sub judice as the SC has ruled on the legality and constituti­onality of the DAP.

“We are all for transparen­cy and accountabi­lity and the Question Hour will help give us answers to so many confusing DAP details,” said Romualdez, president of the Philippine Constituti­on Associatio­n, one of nine petitioner­s in the SC that questioned the legality of DAP.

Buhay party-list Rep. Lito Atienza, a member of the independen­t bloc, said Abad should be honest and not waste the opportunit­y to face lawmakers to bare “the many secrets of the DAP.”

“If indeed, these DAP funds were put in Napoles-like NGOs, then a clear case of plunder should be filed against those who received and those who disbursed it,” Atienza said, referring to alleged pork barrel fund scam mastermind Janet Lim Napoles.

The Question Hour is provided for in Section 22, Article 6 of the Constituti­on. The questions for the concerned official should be sent in advance by lawmakers.

DAP-free budget

Meanwhile, lawmakers also urged Malacañang to make sure the proposed P2.6 trillion national budget for 2015 will not contain any spending initiative similar to the DAP.

Davao City Rep. Isidro Ungab, chairman of the House committee on appropriat­ions, and Romualdez said Malacañang should ensure that the budget proposal will comply with the SC when it submits the measure when Congress resumes session on July 28.

Romualdez said Malacañang is currently preparing its budget proposal and under the Constituti­on, the President has 30 days after the opening of session in July to submit the document so he has still time to check the details of the measure.

He said Congress should put some provisions in the 2015 national budget that would prevent the executive branch from implementi­ng possible illegal spending programs, particular­ly on items or projects not listed in the General Appropriat­ions Act.

“Congress should take note of the ruling made by the Supreme Court when it outlawed some portions of DAP by putting provisions in the national budget that would silence or bar DAP-like initiative­s. We have to guarantee a budget that is free from any abuses in the Palace’s fiscal utilizatio­n of government savings,” the lawmaker said.

No money from DAP

Vice President Jejomar Binay and the Home Guaranty Corp. (HGC) yesterday denied receiving P2.243 billion from the DAP.

Recent reports stated that Binay, chair of the Housing and Urban Developmen­t Coordinati­ng Council, received DAP funds through the HGC and the National Housing Authority.

HGC president lawyer Manuel Sanchez said reports are apparently intended to malign the vice president’s name as part of the demolition job against him.

Sanchez clarified that the amount, which was allegedly reflected in the Department of Budget and Management’s records, correspond­s to the appraised value of the air rights’ above the Philippine National Railway (PNR) track from Buendia in Makati to the junction of Samson Road in Caloocan.

“What we are asking for is proper compensati­on for our transfer of the PNR air rights to the Department of Public Works and Highways. We bought it. It is only right that we get paid in return once we transfer it,” Sanchez said. –

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