DAP ruling final

16

High Court poised to reject Palace appeal

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THE Supreme Court (SC) is not likely to change its ruling that the controversial Disbursement Acceleration Program (DAP) is unconstitutional, with the justices set to uphold their respective votes, a high court source told The Manila Times.

The source said over the weekend the draft ponencia of Associate Justice Lucas Bersamin rejecting Malacañang’s motion for reconsideration was circulated last week. He said the draft decision on the court’s ruling issued in July was hardly changed.

The draft will be deliberated upon by the court en banc tomorrow (December 2) when it decides on the government’s appeal that the High Court reverse its decision on the DAP.

In July, the SC, through a unanimous vote, declared as illegal Department of Budget and Management (DBM) Circular 541 that created the disbursement program. Of the 14 justices, 13 voted to strike down the program. Associate Justice Teresita Leonardo de Castro inhibited herself because one of the petitioners was close to her family.

According to the source, majority of the justices will in all probability maintain their findings and deny the government’s motion for reconsideration.

The source said the high tribunal will decide on the government’s appeal on Tuesday unless the justices postpone the voting.

He noted that the overwhelming decision of the SC on July 1 will be “very hard” to reverse because the tribunal was unanimous in its ruling.

“It is hard to reverse a unanimous vote declaring the DAP as unconstitutional. [It is very unlikely that it would be reversed],” the source told The Manila Times.

The SC only has two more en banc sessions left before it goes on a Christmas break—December 2 and December 9.

Associate Justice Francis Jardeleza, who was appointed by President Benigno Aquino 3rd in August this year, will not take part in deliberations because he defended the DAP before the High Court when he was the Solicitor General.

In its ruling, the SC declared the following practices under DAP as unconstitutional: the withdrawal of unobligated allotments from the implementing agencies and the declaration of the withdrawn unobligated allotments and unreleased appropriations as savings prior to the end of the fiscal year and without complying with the statutory definition of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 Appropriation Acts; and the cross-border transfers of the savings of the executive to augment the appropriations of other offices outside the executive and funding of projects and activities and programs that were not covered by any appropriation in the General Appropriations Act.

The Supreme Court also declared void the use of unprogrammed funds despite the absence of a certification by the National Treasurer that the revenue collections exceeded the revenue targets for non-compliance with conditions provided by the GAA.

Petitions that questioned the legality of the DAP were filed by the Integrated Bar of the Philippines; Philippine Constitutional Association; Volunteers Aganst Crime and Corruption; Carol Araullo; Pork Barrel System complainants led by Greco Belgica, Reuben Abante and Jose Gonzales; former Iloilo Rep. Augusto Syjuco; and Citizens Crime Watch represented by lawyers Jose Malvar Villegas Jr. and Manuelito R. Luna.

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16 Comments

  1. the SC justices are appointed officials not elected officials.

    appointed by previous corrupt presidents.

    you mean they are untouchables and their words are the law of the land.

    SC decisions by the appointed judges are mostly based on political favors.

    hhahhHHhHhaaaa…..it’s more fun in the Phils…….

    DAP is unconstitutional if it’s pocketed by corrupt officials.
    it is used to build up gov’t programs like schools, roads etc….. without kickbacks and overpricing……..

    • You are right, SC Justices are appointed just like in the U.S. Once in position, the only way to remove them is by impeachment. Who would like to be impeached? You cannot and will never be impeached by Congress of the Philippines as long as you are doing your job honestly, truthfully, decently, in dignity and with integrity serving the country. SC is the final arbitrator in complex cases that can’t be decided by the lower court and Members of Congress. As a separate body, it is powerful like the President of the Philippines. President Aquino should respect and adhere to the rule of law. DAP was created by Mr. Florencio Abad with the knowledge of President Aquino and there is no legislative act nor is there a law that created it. Therefore, the decision handed down by SC is final and Pres. Aquino must abide and obey the decision. President Aquino should have informed or should have addressed Members of Congress for the approval of DAP this way, the Judicial Branch is aware that such entity exist so the country can move forward financially and be progressive.

  2. I think this DAP issue will be circumvented again in the 2015 national budget. Even the pork barrel were circumvented. Pnoy has no choice in order to make Mar wins in 2016 he has do it or he will be lame duck president with a threat of imprisonment when he steps down.

  3. malacanang can’t accept the truth that it is illlegal and unconstitutional, if supreme court reverses their previous decision then people can’t file a case against these people in malacanang comes their term ends.. now they are afraid a lot of cases will be filed against these people..

  4. with savings re-defined in GAA 2015 to suit PNoy’s and aBAD’s taste for pork, expect another round of wasted time and effort at the SC.

  5. I hope the SC will decide with the same WISDOM in deciding the cases against the Comelec and Smartamtic for prostituting the 2010 and 2013 elections and poised to do the same (the third time) in the 2016 elections.

  6. The thing is, why can’t the palace accept the SC ruling? Can’t they live without DAP or PDAF? Are they that scared that once they don’t have the money to bribe the lawmakers with, they will lose their allies in both the congress and the senate? If this is the case, does that mean that the law can be bought? I hope not. The palace’s reluctance to let go of DAP, up to the point of trying to persuade the SC to declare it contitutional, is an indication that this administration is willing to rip the constitution to shreds to get what they want. And it is even a constitution made during Noynoy’s mother’s term … tsk tsk tsk

  7. In this case there were posibilities that those who are involve in this DAP will be penalized. Like Butch Abad of course the mastermind Benigno Simeon C. Aquino III.

    • @ Fong: Wrong! Because before the law is declared unconstitutional, there is a presumption of constitutionality. So no criminal liability will attach to it prior to its declaration of unconstitutionality.

  8. Dont know why the government had to insist that DAP, which clearly is unlawful had to waste time seeking reconsideration when it clearly is unconstitutional. Pleasing mischievous PNoy is not a solution her because it is a waste of time, money and effort.

  9. The way out of the Palace for the King connected to Manila Jail is so bright. Huy Balimbing gising lukso na.

  10. This is a most welcome news and indeed is a source of consolation for the nation. As a Filipino and an ordinary citizen albeit an informed one and a most concerned one, I am grateful that we have the Supreme Court checking the rough riding of the Abnoy and his minions notably Abad over our taxpayers money.

    In other words, what the Supreme Court is saying is: the Abnoy and Abad can’t just do what they want with our money. Thanks to the petitioners that questioned the legality of the DAP

  11. Tabi-tabi na po kayo,dahil magheherumentado na si Aquino the 3rd and the last!
    Salamat wala ng santo ang mga yellow cult! Pagkatapos ng2016! People power ang masamang ala-ala nangyari sa pinas!more than 20 years na hinawakan ng yellow elites ang bansa,sila lamang ang nakinabang at hanggang ngayong ayaw bitiwan ng mga linta!