Noy absolved over DAP; Abad gets slap on wrist

The Office of the Ombudsman yesterday cleared former president Benigno Aquino III and budget undersecretary Mario Relampagos from charges over the P72-billion Disbursement Acceleration Program (DAP), but found former budget secretary Florencio Abad liable for usurpation of legislative powers.

Since the administrative complaint was filed against Aquino after his term as president, the ombudsman dismissed the charges for lack of jurisdiction.

The ombudsman cleared Relampagos for lack of merit.

The charge against Abad stemmed from his allegedly unlawful issuance of National Budget Circular No. 541 to carry out implementation of the DAP.

NBC No. 541 authorized the withdrawal of unobligated allotments of agencies with low levels of obligations as of June 30, 2012.

The complaint was filed by Bayan Muna Rep. Carlos Isagani Zarate, Renato Reyes, Benjamin Valbuena, Dante LA Jimenez, Mae Paner, Antonio Flores, Gloria Arellano and Bonifacio Carmona Jr.

The Office of the Ombudsman found that by issuing NBC No. 541, Abad unlawfully encroached on the powers of Congress by effectively modifying the provisions on savings of the 2012 General Appropriations Act (GAA).

“NBC No. 541 provided the principal bases for the withdrawal of unobligated allotments which were declared as savings and used to fund PAPs ( programs, activities and projects) under the DAP. The issuance of this circular is an act of usurpation. This is contrary to law,” Ombudsman Conchita Carpio Morales said.

In 2014, the Supreme Court declared unconstitutional the following acts committed in pursuance of the DAP: withdrawal of unobligated allotments from the implementing agencies; the declaration of the withdrawn unobligated allotments and unreleased appropriations as savings prior to the end of the fiscal year without complying with the statutory definition of savings contained in the GAA; and the cross- border transfers of the savings of the executive to augment the appropriations of other offices outside the executive.

Under Article 239 of the Revised Penal Code, the penalties of prision correccional in its minimum period shall be imposed upon an executive or judicial offi cer who shall encroach upon the powers of the legislative branch of the government, either by making general rules or regulations beyond the scope of his authority, or by attempting to repeal a law or suspending the execution thereof.

Morales also found Abad guilty of simple misconduct and ordered his suspension for three months. But since Abad is not anymore in government service, the penalty is convertible to a fine equivalent to his salary for three months.