Tuesday, July 1, 2014

C declares parts of DAP unconstitutional By Tetch Torres-Tupas |INQUIRER.net1:17 pm | Tuesday, July 1st, 2014

SC declares parts of DAP unconstitutional

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INQUIRER.net file photo

MANILA, Philippines – The Supreme Court has declared as unconstitutional parts of the Disbursement Acceleration Program (DAP), a spokesperson said.

Theodore Te read the high court ruling in a press conference Tuesday.

Te said declared illegal were:

*cross border transfers of the savings of the Executive to augment appropriation of other offices outside the Executive;

* funding of projects, activities and programs that were not covered by any appropriation in the General Appropriations Act; and

*withdrawal of unobligated allotment from the implementing agencies and the declaration of the withdrawn, unobligated allotments and unreleased appropriations as savings prior to the end of the fiscal year and without complying with the statutory definition of savings contained in the GAA.

When quizzed by media, Te said: “I have read the dispositive portion” of the ruling.

The nine petitions against DAP were filed by former Iloilo Representative Augusto Syjuco, lawyers Jose Malvar Villegas Jr. and Manuelito Luna; Philippine Constitution Association (Philconsa); Integrated Bar of the Philippines (IBP); the militant Bayan Muna, Kabataan and Gabriela party-list groups; Christian sects led by losing senatorial candidate Greco Belgica; Confederation for Unity, Recognition and Advancement of Government Employees (Courage); and the Volunteers Against Crime and Corruption.

Petitioners alleged that the discretionary fund of the President violated the exclusive power of Congress to appropriate funds.

The respondents in the case – the office of the President, Department of Budget and Management and the Senate and House of Representatives – have asked the high court to dismiss all petitions for lack of merit.



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