Palace on Duterte admin’s plan to probe DAP-linked officials: Hindi na ito bago

Saturday, May 28th, 2016. Filed under: Philippine News
A woman sells souvenir car plates with images and slogans of presumptive president Rodrigo Duterte along a sidewalk in Davao City on Wednesday. Davaoeños are ecstatic with the results of the general elections, with their mayor expected to set a historical first for Mindanao. (MNS photo)

A woman sells souvenir car plates with images and slogans of presumptive president Rodrigo Duterte along a sidewalk in Davao City on Wednesday. Davaoeños are ecstatic with the results of the general elections, with their mayor expected to set a historical first for Mindanao. (MNS photo)

MANILA, May 28 (Mabuhay) — A Malacañang official on Saturday downplayed the plan of incoming President Rodrigo Duterte’s next Department of Justice (DOJ) secretary Vitaliano Aguirre II’s to investigate officials of the outgoing administration over the Disbursement Acceleration Program (DAP).

“Ito naman ay hindi natin maituturing na bagong usapin dahil matagal na rin napapagusapan yan at noong nakaraang taon ay nagpasya na ang Supreme Court tungkol diyan,” Communications Secretary Hermino Coloma Jr. told the state-run dzRB.

Coloma maintained that President Benigno Aquino III and the entire executive department followed the Constitution and the laws of the land.

“If we may recall, the Supreme Court upheld the government’s motion for reconsideration (MR) filed through Office of the Solicitor General, particularly on the operative fact doctrine. In that decision, the Supreme Court categorically ruled on and upheld the presumption of regularity in the implementation of DAP,” he noted.

On July 1 2014, the SC ruled that the DAP, introduced by Aquino administration to speed-up public spending, is unconstitutional. -

The high court identified three acts under the DAP, National Budget Circular No. 541 as illegal:

the withdrawal of unobligated allotments from the implementing agencies, and the declaration of the withdrawn unobligated allotments and unreleased appropriations as savings prior to the end of the fiscal year and without complying with the statutory definition of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 General Appropriations Act (GAA);
the cross-border transfers of the savings of the executive to augment the appropriations of other offices outside the executive, and
the funding of projects, activities and programs that were not covered by any appropriation in the GAA.
However, the high court, on February 3, 2015, partially granted the government’s appeal and removed one act from the list of previously declared as illegal.

Under its new ruling, the SC allowed “the funding of projects, activities and programs that were not covered by any appropriation in the GAA.”

It added, “The doctrine of operative fact could dictate that all the plans and projects that stemmed or benefited from it should not be undone, as long as they were implemented in good faith.”

In other words, the program’s authors, sponsors and implementers must be presumed to have acted in good faith and with regularity in the performance of their official duties, Coloma explained.

“Dapat lang siguro linawin natin kasi meron konting disinformation na nagaganap dito,” he said.

“Dapat siguro ulitin natin yang mga bagay na yan, dahil kapansin-pansin din pag pinaguusapan ito, iisang bahagi lang yung naririnig natin, yung mga laban sa DAP, yung mga patuloy na naninira sa pamahalaan. Sa kabila na ng naging pasya na ng Supreme Court,” Coloma added.

“Para bang mini-misrepresent pa nila yung naging desisyon ng Supreme Court. Dapat tutulan natin yung pagsisinungaling at paglilinlang na nagaganap tulad niyan,” he said. (MNS)

Share Button

Related posts

Tingting Cojuangco impeachment plea vs Aquino ‘recycled’ — PalacePNoy tells Abad, Congress: Comply with SC rulings, give courts budgetary supportPNoy inaugurates DAP-funded bridge in CagayanSyjuco wants Aquino impeached over DAPSenators: Lookout order can’t stop de Lima from going abroadPalace: Duterte supports commemoration of Martial Law annivSenators urge public not to take Duterte’s martial law statement seriouslyPalace sees speedy approval of priority bills under Pimentel, AlvarezPNoy campaigns against Duterte: Why support another dictator?Aquino slams opportunists in Mamasapano debacleFresh complaint vs. Aquino, Abad, Drilon filed over DAP, PDAF ‘misuse’Ombudsman probing PNoy, Abad over DAPAll lawmakers should be covered by ‘pork’ audit, including VP Binay critics: anti-PDAF advocatesFor the proposed new PHL criminal code, Spanish terms were removed, criminal liability age loweredBangsamoro Law, econ bills top House agenda for second regular sessionDOH seeks for SC reconsideration on ‘unrestrained’ enforcement of Reproductive LPanelo: EDCA a valid President was only addressing comparison with Hitler — PalaceDuterte was only addressing comparison with Hitler: PalaceDe Lima wants UN rapporteur on extrajudicial killings invited to PHL