The Supreme Court (SC) on Tuesday ordered the petitioners who questioned the legality of the Disbursement Acceleration Program (DAP) to comment on the government’s appeal that the tribunal reconsider its ruling that found the disbursement program unconstitutional.
During their en banc deliberations on Tuesday, SC justices directed the petitioners to file their answer to the government’s motion for reconsideration within 10 days.
Malacañang, through the Office of the Solicitor General (OSG), asked the SC to set aside it ruling that the cross-border transfer of funds is unconstitutional.
It maintained that the President has authority to transfer savings to other departments pursuant to his constitutional powers.
The government also argued that the high tribunal committed a mistake in the application of the operative fact doctrine which calls on “authors, proponents, and implementors” of the DAP to prove good faith.
The SC also declared illegal the withdrawal of unobligated allotments from the implementing agencies and the declaration of the withdrawn unobligated allotments and unreleased appropriations as savings prior to the end of the fiscal year and without complying with the statutory definition of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 Appropriation Acts and the funding of projects and activities not covered by any appropriation in the Acts.