Noy washes hands of DAP

Former president Benigno Aquino III has maintained there is no basis to charge him criminally for the allegedly anomalous implementation of his administration’s Disbursement Acceleration Program (DAP) involving P72 billion in government funds.

In a 20-page comment filed before the Office of the Ombudsman on May 3, Aquino,

through his lawyers Erdelyne Go and Mildred Yovela Umali, said his actions in connection with DAP’s implementation were “in accordance with law as well as the rules and regulations existing and presumed valid” at the time he was in office.

Aquino further said DAP’s implementation was “motivated solely by good faith and a desire to improve the operational efficiency of the government,” accelerate public spending and spur economic growth and development of the country.

Aquino submitted the comment before the ombudsman after the complainants led by Bayan Muna party-list Rep. Carlos Isagani Zarate filed a motion for reconsideration urging the anti-graft body to reconsider its ruling clearing the former president of any liability for the DAP implementation.

The ombudsman dismissed the charges of graft, technical malversation and usurpation of legislative powers against Aquino and former budget undersecretary Mario Relampagos in connection with the program last March.

In his comment,Aquino said the complainants’ motion for reconsideration must be denied “for outright lack of merit.”

The former president explained he could not be charged with technical malversation as he was not the public official directly accountable for the release, safekeeping and utilization of the DAP funds.

Aquino said his mere authorization to use the DAP funds was not tantamount to being responsible for its actual spending.

As for the allegation of graft, Aquino said the complainants failed to show that his actions were attended with “evident bad faith or gross inexcusable negligence.”