‘Noy not yet off the hook on DAP’

Former president Benigno Aquino III is not totally off the hook regarding the Disbursement Acceleration Program (DAP), according to Bayan Muna party-list Rep. Carlos Isagani Zarate.

Despite its earlier decision clearing Aquino of any liability regarding the program’s implementation, the Office of the Ombudsman recently directed Aquino to further explain the issue, Zarate said.

Aquino was cleared by the ombudsman despite being the primary accused in the complaint filed by Zarate and his group in July last year.

Zarate on March 13 filed a motion for reconsideration on the ombudsman’s March 7 decision clearing Aquino and former budget undersecretary Mario Relampagos of any criminal or administrative liabilities on DAP.

Aquino and Relampagos were given 15 days by the ombudsman’s special panel of investigators to answer the complainants’ motion for reconsideration.

In its March 7 ruling, only former budget secretary Florencio Abad was found liable by the ombudsman regarding DAP’s implementation.

Abad was ordered charged before the Sandiganbayan for usurpation of legislative powers under the Revised Penal Code.

Abad’s liability stemmed from his issuance of a National Budget Circular (NBC), which allowed the withdrawal of a total of P72 billion in unobligated funds of government agencies under the executive department.

The funds were transferred to agencies outside the executive department for supposed implementation of various infrastructure works and other revenue-generating projects.

The ombudsman said Abad unlawfully encroached on the powers of Congress by effectively modifying the provisions on savings of the 2012 General Appropriations Act (GAA).

Abad had filed his motion for reconsideration on the ombudsman’s decision, also on March 13.

The Supreme Court in 2014 found several acts under DAP as unconstitutional, among them the declaration of unobligated funds as “savings” and the funds’ cross-border transfer to other offices outside the executive.

The ombudsman’s decision clearing Aquino prompted former Manila councilor Greco Belgica to file a disbarment case against Ombudsman Conchita Carpio-Morales before the Supreme Court for violation of the lawyer’s oath and the Canon of Professional Responsibility.

The complaint was unanimously dismissed by the SC, pointing out the ombudsman could not be disbarred while she is still in office due to her being an impeachable official.

Belgica, however, said he plans to file an impeachment complaint against Morales when the House of Representatives resumes session in May.