Monday, July 14, 2014

Aquino will appeal SC ruling on DAP, Inquirer, 14 July 2014

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Aquino will appeal SC ruling on DAP

By Kristine Angeli Sabillo
INQUIRER.net
| July 14, 2014 at 6:20 pm
 

MANILA, Philippines – President Benigno Aquino III on Monday ferociously defended the controversial Disbursement Acceleration Program (DAP) despite the Supreme Court ruling that it violated the Constitution as he vowed to appeal the high court’s decision.

“Iaapela natin ang desisyon ng Korte Supreme (We will appeal the decision of the Supreme Court,” Aquino said, adding that the Executive will soon file a motion for reconsideration.

Facing the public for the first time since the DAP was declared unconstitutional, Aquino, in a televised speech, remained adamant that the now defunct DAP benefited the people through the construction of infrastructure and funding of relevant programs.

“Mabuti ang DAP. Tama ang intensyon. Tama ang pamamaraan. Tama ang resulta,” Aquino insisted during his 23-minute speech.

(DAP is right. The intention is right. The means was right. The result was right.)

He reiterated that Section 39 of the 1987 Administration Code justified the DAP through the following provision: “Except as otherwise provided in the General Appropriations Act, any savings in the regular appropriations authorized in the General Appropriations Act for programs and projects of any department, office or agency, may, with the approval of the President, be used to cover a deficit in any other item of the regular appropriations….”

Aquino said he is hoping that the Supreme Court will side with them after they read the motion for reconsideration.

However, he also somehow seemingly warned the judiciary when he said, “Ayaw nating umabot pa sa puntong nagbabanggan ang two magkapantay na sangay (ng gobyerno).”

(We do not want this to reach the point when the two equal branches of government clash.)

Aquino also criticized the part of the SC ruling questioning the Executive’s “good faith.”

Where is the principle of “innocent until proven guilty”? Aquino asked.

On July 1, the high court said the DAP, which allegedly aimed to pump prime the economy, violated the Philippine Constitution by withdrawing unobligated allotments from agencies and declaring the amount as saving, allowing cross-border transfers of savings from the Executive to other offices, funding of projects and programs not specified in the General Appropriations Act and the use of unprogrammed funds without certification from the National Treasurer.

Before the SC ruling, the DAP has been linked to the pork barrel scam, with some accusing lawmakers and Janet Lim-Napoles of diverting and misusing the fund.

Presidential Spokesperson Edwin Lacierda said that while the Executive can account for 91 percent of the DAP funds allocated to its agencies, it will still have to look into the other nine percent endorsed by lawmakers.

Justice Secretary Leila de Lima already said that the National Bureau of Investigation was probing the alleged misuse of the DAP.

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