• Malacañang’s lies to justify DAP


    Palace officials should stop trying to justify the Disbursement Acceleration Program (DAP)—the presidential pork barrel concocted by PNoy and Budget Secretary Butch Abad. The more they do, the more they’re being caught in a lie.

    For instance, in the recent Supreme Court ruling declaring the DAP as unconstitutional, the High Court wryly observed that Malacañang wasn’t entirely truthful when it claimed that all 116 PAPs (project, activity, program) funded by DAP had the corresponding “appropriation covers” in the General Appropriation Act (GAA) or budget law.

    The Supreme Court said: “Upon careful review of the documents contained in the seven evidence packets, we conclude that the ‘savings’ pooled under the DAP were allocated to PAPs that were not covered by any appropriations in the pertinent GAAs.”

    In other words, the DAP was funding items which were not even included in the budget law, in violation of the constitutional requirement that “no money shall be paid out of the Treasury except in pursuance of an appropriation made by law.”

    One of these irregular PAPs is the P1.6-billion Disaster Risk, Exposure, Assessment and Mitigation (DREAM) project under the Department of Science and Technology (DOST).

    “Aside from this transfer under the DAP to the DREAM project exceeding by almost 300% the appropriation by Congress…the Executive allotted funds for personnel services and capital outlays. The Executive thereby substituted its will to that of Congress. Worse, the Executive had not earlier proposed any amount for personnel services and capital outlays in the in the…2011 GAA,” the High Court chidingly remarked.

    The High Court also discovered other disbursement anomalies such as Special Allotment Release Order (SARO) being issued to the Philippine Council for Industry, Energy and Emerging Technology Research and Development (DOST-PCIEETRD) for the “establishment of the advanced failure analysis laboratory,” which did not correspond to the program listed in the GAA.

    But Malacañang’s dishonesty doesn’t end there.

    In order to justify the Palace’s use of the so-called “unprogrammed funds” for DAP, “the [Office of the Solicitor General] assured the [Supreme Court] that the revenue collections exceeded the original revenue targets for fiscal years 2011, 2012 and 2013,” Justice Antonio Carpio noted in his absorbing separate opinion.

    Under the budget law, unprogrammed funds can be used only if the revenue collections exceed the original revenue targets as certified by the Bureau of Treasury (BTR).

    However, when the High Court required Malacañang to submit the corresponding certification from the BTR, what the Palace submitted instead were certifications from the BTR and the Department of Finance (DOF) that dividend collections from the shares of stock held by the Government in government-owned and controlled corporations exceeded the yearly target (or programmed) dividends.

    This prompted Justice Carpio to complain that “(t)he certifications do not state that the revenue collections exceeded the original revenue targets as submitted by the President to Congress.”

    The distortions foisted by the Palace aren’t surprising since even the brains behind the DAP can’t seem to get his story straight.

    In his letter to PNoy last December 23, 2013, Abad said the government shelled out almost P141 billion for DAP-funded projects from 2011 to 2013. This conflicts with the figures published earlier in the Department of Budget and Management (DBM)’s website, which said that the total funds approved for DAP in the same period stood at more than P157 billion—some P142 billion pesos from 2011 to 2012, and more than P15 billion in 2013.

    A more recent DBM press release, meanwhile, mentioned another figure: more than P136 billion from 2011 to 2012. Ano ba talaga, Kuya?!

    One thing’s for sure though. Most (if not all) of the DAP numbers being thrown at us are definitely false and untrue.

    Apparently clueless that he’s digging a deeper hole for his “boss”, even the Presidential mouthpiece, Edwin Lacierda, has been trying to put positive spin to the DAP.

    “Ninety-one percent” of DAP funds had been spent properly by the executive branch,” Lacierda declared.

    But isn’t that also an admission that Malacañang improperly (and unlawfully) spent the remaining nine percent of DAP funds—the estimated P12.8 billion given to senators as “incentive” during the Corona impeachment trial?

    Lacierda also insists that the DAP benefited the country. But how can Lacierda vouch for DAP’s supposed benefits when Malacañang can’t even say where the funds went? Either Lacierda is talking through his hat or he’s not being candid when he claimed they still didn’t have a copy of the DAP-funded projects more than 6 months after the controversy hit the front pages.

    Last Friday, PNoy rejected Abad’s resignation explaining that accepting the DBM secretary’s resignation was “tantamount to acknowledging wrongdoing on my end.”

    We’re not surprised. No self-righteous person would do such a thing, right?

    [Opinion Section Editor’s note: At 6 p.m. yesterday, President Aquino addressed the nation on TV about the the DAP. He claimed that the money was used to benefit the people, said that the justices’ decision was in error and that he had heard that some of them were making this issue a personal quarrel with him, and announced that he would petition the High Court to review and change its decision. Nothing that the President said contradicts or clarifies any of the points made in this article by Columnist Dulay.]


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    1. definition of PDAF and DAP: it is the conspiracy of the excecutive and the legislative branch of government that only exists in the philippines. to rob its citizens without regards to delicadeza. it was outright thievery. plain and simple. daylight robbery at best. “armed” robbery at its worst.

    2. isang simpleng kwento lang to tungkol sa tatay at anak:

      Anak: Itay! Masama po ba ang maglaro sa kalye?
      Itay: Anak,bawal ito, para makaiwas ka sa kapahamakan. Kaya dpat na wag kang sa kalye maglaro.
      Anak: Eh diba maglalaro lang naman ako wala naman masama dun?
      Itay: Pero anak ang sbi ko BAWAL.
      Anak: Bumulong ang anak at …nagpunta sa Lolo para humingi ng motion for consideration.

      Ganito ang gustong gawin ng ating pangulo kahit ang SC ay nagsbi na bawal ayon sa Constitution ntin ang DAP.

      Wag munang ipilit ang katigasan ng ulo at wag pasaway dhil ikaw din ang mapapahamak bandang huli. Karma karma lang yan sbi nga.

    3. chic justice on

      Nakaka frustrate yung arguments na basta napunta sa mabuti ay okay na. Hindi okay. Kasi may consequences ang hindi pagsunod sa batas. Kaya nga nanjan ang constitution kasi eto ay standard at guideline kung ano ba ang legal at dapat gawin. Hindi porket tama ang ginawa mo ay legal na ito. Hindi porket may ‘good faith’ ka na ay legal na ang ginawa mo. Illegal parin un hindi ka nga lang makukulong kung mapatunayan in good faith ka nga. So hindi porket sinabe ng presidente niyo na tama ang ginawa niya ay yun na yun. Ang linaw linaw sa Art VI ng Constitution na illegal ang ginawa niya. Ngaun ang dapat niyang gawin ay patunayan niya sa pamamagitan ng matitibay na ebidensya na ‘in good faith’ siya para hindi siya managot. Ngaun kung hindi niya kayang patunayan, eh malas niya. Ganun lang siya kasimple. Kaya bago kayo pumanig sa pangulo niyo idemand nuyo muna sa kanya na maglabas ng ebidensya para kaming mga hindi naniniwala sa kanya ay matahimik hindi yung puro self-serving nationalized speech. Kung hindi niya mapatunayan,malas niya

    4. Edgar Balido well didnt chief justice corona also on of those who thought he was above the law. I cant remember the womans name but she worked for government & didnt declare her small market stall in her saln & look at her punnishment. Then you have the cj of the supreme court hiding hundreds of millions of pesos in his bank secrecy protected bank account & he thinks that is ok. Did he deserve to be the supreme court chief justice. I say get rid of this bank secrecy law as its impossible to know who ids hiding money from us as we chant check without their written permission.

    5. So edgar festin, we all know singapore is doing great & a good country to live in if you are hard working & hones & a bad place to live if you are dishonest. So it seems you are saying it will be good if pnoy imposes martial law on us & arrests the chief justices. I wonder in the filipinos case if you might be better seeing this as a leaf out of the book of geroge orwells animal farm. Mr Jones was harsh & worked the animals hard but the farm was quite successful, when the clever pigs declared martial law were the animals better off with them in charge or with Mr Jones in charge.
      & my point is it might be a case of out of the frying pan & into the fire.

    6. The President speech is clear and simple! Pnoy’s main goal is for common good of the people! Even supreme court admitted DAP benefited the common people… I also don’t understand why the supreme court as Pnoy said made a negative move for the progress of our economy… My common understanding that the constitution is for the benefit of many! If the common people benefited from DAP… even some provision is not written in constitution… why don’t they make a way or suggest to put this practice in written since it is for the benefit of the common people… Is it hard to do if they have common goal with the President… To give progress to the common people??? Or they are just another anti-progress for the benefit of the few and evil!

      • Lord Chimera on

        If the DAP is for the benefit of the people why hide it? If Jinggoy didn’t squeal about it we would have never known.

      • DAP was stopped after Jingoy’s disclosure! Why? Coz they knew it was unconstitutional.

      • yes it was stopped after its disclosure maybe because they know it is illegal, but they keep on saying in media that they stop it because it had already served its purposes. but why PNOY is saying that these SC RULING on DAP WILL PARALYZE the country? Why he stop in the first place long before the SC DECISION if it will paralyze the country?

    7. Jose A. Oliveros on

      This column is a complete rebuttal of everything PeNoy said during his nationwide TV address which pre-empted my favorite TV news programs. Thank you, Companero Dulay, for your column. I

    8. Edgar G. Festin on

      Mr. Dulay, you will understand why Pres. Aquino and his Gang have been lying about the DAP and other things after he declares martial law, gets overwhelming Congress approval, arrests all the SC justices and takes the Philippines on the true Tuwid na Daan that South Korea, Taiwan and Singapore took.

    9. We have one in Malacanang who is trying to justify his ‘Robin Hood’ acts….’robbing’ others (departments) and give to his own unverified choices. It is quite dangerous that he is a “Man of Still” (Steel); “still” to believe in the Supreme Court. “Still”, he has the audacity to challenge this “co”-equal department of the government. Perhaps, he’s “still” living in the past; when he was able ‘herd’ the lame yellow members of Congress because he had the DAP money. Instead of sorry, “still” defiance! “He who humbles himself will be exalted; he who exalts himself will be humbled”.

    10. Edgar Balido on

      President BS Aquino III must go – former SC Chief Just ice Corona might have been
      playing favorites with former President Gloria Arroyo, but providing incentives to the Philippine Senate to convict a sitting Chief Justice is criminal. President BS Aquino III must be removed from office, for culpable violations of the Constitution, and it is sad that our beloved Philippines is once again in turmoil, being led by a President who thinks he is so rigtheous, he is above the law.

    11. I’m beginning to suspect that this dictatorial President Noynoy Aquino is an illegitimate son of the late dictator Marcos.

      • The father of DAP King Simyon has been branded as a congenital liar by Mr. Marcos. Maybe, the Lying DNA runs in the lineage. Hence, we get a Precedent (as he was chosen by The Machine) who lies and lies and lies.

    12. What can you say of raissa robles blog in a ponto por ponto opinion. For me it was an enlightenment as a non lawyer.

      • ms Ganda hope tutoo at di para si penoy puro buladas. ms ganda
        pakibasa mo ang col ni prof emeritus Leonor briones at nandun
        ang factual info bakit kalokohan ang sinasabi niyang sinabing
        si robles con saguisag. Dapat sila sumagot sa mga facts ni prof
        briones at idagdag mo pa ang napaka linaw na katotohanang
        sinaad ni atty dodo dulay sa itaas. Talagang Saksakan ng
        Kasinungalingan ang Team Penoy gamit ang pinagtahi tahing
        kasinungalingan. Kung Tutoo ang Team Panot este penoy, ilabas
        nila sa taong Bayan ang listahan ng Saro releases at particular
        pa SPOT AUDIT sa mga boss niya na nanghihingi ng spot audit.
        Ipa audit niya kay prof briones at DIOKNO, para kung makitang
        tutoo na nakatulong at di nauwi sa bulsa ng mga tulisan
        di ba makakapagyabang sila at mapapahiya sina prof briones
        at DIOKNO.

      • emmanuel mallari jr on

        If you did not understand the article above, please read the article of Prof. Briones. Perhaps you will be enlightened some more.

    13. I really believe that the issue on DAP is being feasted by the PNoy’s opponents. The DAP can be easily resolve by thorough audit to verify if the funds were spent wisely. The attack to the President is being instigated by those who supported personalities who have been charged with plunder, graft and corruption. What’s new? The media has to balance its reporting. I noticed for instance that there are more interviews with the opposition supporters. I hope there are more intelligent discussions. Media has to ask people who have better education and grasp of the issues. Selection of people to be interviewed should be done better by TV stations. I am dissapointed to our media when poor and un-educated people were interviewed…and can only respond that they did not understand the explanation even if the president has spoken in Pilipino This is clearly irresponsible media and does not help the situation but do more damaged.

      • “The DAP can be easily resolve by thorough audit to verify if the funds were spent wisely. ”

        eh di nga ba tinatanong si abad ng mga sc justices saan ginamit ang DAP wala maipakita si abad? (kahapon naglabas ng complete list ang DBM, 2 weeks after sc voted)

      • audit is ok, but how about violating the constitution which you sworn to protect and depend?


      This administration is a government of lies and full of crooks. Here we are again,
      this abnoy trying to defend the indefensible. Isn’t it the Supreme Court
      the final arbiter of legal issues? This president should at least learn good
      manners and right conduct which was taught at the very first years of childhood.
      This abnoy no longer have any respect of the courts, He is bent on getting what
      he wants no matter what. It does not matter anymore if he violate the law.
      What kind of person is this? If he does not get what he wants, he will surely
      get back at you. This is done in a lawless society. Remember he was sworn
      to respect, obey and defend the constitution and do justice to every man.
      He is a mad man.