• DAP a golden egg to Audit chief, SC justices reveal

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    Commission on Audit (COA) chief and nominee for Supreme Court (SC) justice Grace Pulido-Tan failed to issue a Notice of Disallowances against the illegal Disbursement Acceleration Program (DAP) even after it was discovered that her agency benefited from the unconstitutional program created by President Benigno Aquino 3rd and his Budget secretary, Florencio “Butch” Abad.

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    Such failure surfaced in recent separate opinions on DAP of senior Supreme Court Justices Arturo Brion and Antonio Carpio.

    Brion, in his 62-page opinion, noted that COA had received P144 million in funds from the acceleration program for the commission’s information-technology infrastructure build-up, hiring of additional litigation experts and various other local projects.

    The Brion opinion said Abad sent a memorandum to the President on October 12, 2011 seeking formal confirmation of Aquino’s approval of DAP for a total of P72.11 billion that would defray COA’s expenses.

    “The respondents additionally deny the existence of an actual case because the COA has yet to render its audit findings whether the DAP projects identified in the petitions are lawful or not, thus showing that these petitions may be premature. I do not find this contention persuasive,” Brion said.

    Nine petitioners had challenged DAP’s constitutionality before the High Court.
    In his opinion, Carpio named the beneficiaries of DAP as COA, Commission on Elections and Congress.

    “DAP is unconstitutional for violating Section 25(5) of Article VI of the Constitution: the transfers of appropriations from the executive to the legislature, the Commission on Elections and Commission on Audit,” he said.

    Brion said the authors of DAP—the President and his Budget secretary—must be held accountable for the illegal program that they implemented and it is only a defense of good faith that would save them.

    If Aquino is removed by an impeachment court in connection with DAP, he can then be charged administratively and criminally before the Office of the Ombudsman along with Abad.

    “The authors, proponents and implementors of DAP are not among those who can seek coverage under the doctrine [operative fact]; their link to the DAP was merely to establish and implement the terms that we now find unconstitutional.”

    “The matter of their good faith in the performance of duty [or its absence]and their liability therefore, if any, can be made only by the proper tribunals, and not by this court in the present case,” Brion said.

    To Carpio, Aquino’s DAP usurped Congress’ power of the purse, making the legislative “inutile.”

    “This court cannot allow a castration of a vital part of the checks and balances enshrined under the Constitution,” he said.

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    9 Comments

    1. Kahindik-hindik ang gawain ng COA since COA also benefited from DAP.
      If Grace Pullido Tan will be appointed associate justice of the supreme court, how will she look them in the eyes, her fellow justices when she gets to meet each and every one of them specially Justice Brion and Justice Carpio?

    2. Johnny Ramos on

      The safeguard COA did not its job because she benefitted from dap plus she will become a SC justice as reward. Again Pnoy can play around with the basic law of this land because we are all cowards. It is about time for us join Bayan Muna in their crusade against Pnoy or suffer another 6 years of miseries on term of Roxas after 2016 election.

    3. The explanation of the SC Justices are very clear that the DAP were also to influence the COA chief- Grace Pulido-Tan who is also the choice of the Pres Aquino to be appointed as replacement of SC justice Abad, What does it mean? If Grace Pulido -Tan becomes one of the justices , that is one vote to absolve the President from impeachment.

    4. Even with the “smoking gun” presented by the SC against the DAP, do not expect an apology from this arrogant president. People now know that he flaunts humility as not one of his virtues. It is very clear that he likes to think that the world, especially the citizens of the Philippines “owe” him. This guy is really twisted.
      I salute the fourteen justices for sticking that DAP thing up the dictator’s and Abad’s kiesters.
      Mr. Pinoy, you cannot buy everybody!

    5. Is it these top people cant see what they was wrong & against the law. Is it they think they can ride roughshod over the law. I just dont know but it surprises me that even when the supreme court tells them it was wrong they still say we did nothing wrong. Unfortunately you wont be able to impeach the president as you wont get enough senators willing to impeach him. They have no integrity in that chamber so i if i were a filipino wouldnt vote for a single person in that chamber in the next election. Show them by voting you know they were wrong & they have to accept the supreme courts decisions as its them who rules on what is legal & not legal.. The senators cant rule on that its the supreme court.

    6. Eddie de Leon on

      Our people should be grateful for a Supreme Court whose justices are still adherents of what is right and correct not just under our laws and the Constitution but also in the eyes of God and His natural law. Special thanks to Justice Bersamin, Carpio and Brion.

    7. There, in no uncertain terms, the Abnoy and Abad must be charged inasmuch as their “good faith” has to be proven yet . The SC ruling does not make a pronouncement of their “good faith”. They have to prove it in another tribunal after the charges are filed.

      Brion said the authors of DAP—the President and his Budget secretary—must be held accountable for the illegal program that they implemented and it is only a defense of good faith that would save them. “The matter of their good faith in the performance of duty [or its absence] and their liability therefore, if any, can be made only by the proper tribunals, and not by this court in the present case,” Brion said.

    8. This information only confirms that the Executive Department under King of Fraud PNoy and the Legislative Branches under Speaker Feliciano Belmonte and Senate President Juan Ponce Enrile/Franklin Drillon are partners in manipulating the tax money of ordinary citizens so they can have all these billions, repeat BILLIONS of funds will be diverted their own pockets. I do not know what adjective we can describe and say about ll these thieves.

    9. SALVACION CAHAYAG on

      The opinion of Associate Justices Carpio and Brion are clear that this Grace Pulido
      Tan of COA exercised undue haste in auditing selected targets like the three senators but deliberately did not touch these proponents of the DAP. In short, she protected
      and abated the illegal acts of abnoy and abad.