• SC to declare DAP unconstitutional

    39

    THE Supreme Court (SC) is set to declare the controversial Disbursement Acceleration Program (DAP) as unconstitutional.

    According to an unimpeachable source of The Manila Times, an overwhelming majority of SC justices are inclined to rule that President Benigno Aquino 3rd and Budget Secretary Florencio “Butch” Abad violated the Constitution when they created and implemented the DAP, which was touted as the President’s own “pork barrel.”

    The magistrates held a “soft voting” on the issue on Tuesday last week and the en banc agreed in principle that DAP is unconstitutional because funds were transferred from one branch of government to another.

    The Times source said at least nine out of the 13 justices manifested their intention to declare DAP illegal.

    “A consensus was already made by the justice—DAP is unconstitutional. Two violations were committed by [the President]and Abad: first, there are no savings to begin with and second, if there are such savings, [the]cross-border of money savings is not allowed,” the source at the High Court said.

    The source noted that a draft of the tribunal’s decision written by Associate Justice Lucas Bersamin has been circulated among the justices, as well as the separate concurring and dissenting opinions of the other magistrates.

    The SC, however, will officially hand down its ruling on DAP in the first week of July since the justices have until June 25 to submit the final draft of their separate opinions. These opinions shall be considered and deliberated upon during their final voting on July 1.

    According to The Times source, the separate opinions of Justices Antonio Carpio, Arturo Brion, Mariano del Castillo, Marvic Leonen and Estela Perlas-Bernabe have been circulated among the other justices.

    One justice was of the opinion that DAP is “not unconstitutional” while another maintained that the program’s creation was legal for it is within the powers of the President as head of government and not just the executive branch.

    Carpio circulated his draft opinion in April when the court held its summer session in Baguio City. Brion also circulated his draft opinion on the contending issues.

    Carpio, Brion and Bersamin are known in the bench and the Bar as the “bright lights” in the High Court because of their brilliant minds.

    Only 13 justices will vote on the DAP case during final deliberations next month because Associate Justice Teresita Leonardo-de Castro inhibited herself while Associate Justice Roberto Abad retired on May 22.

    Two violations
    During their deliberations last week, The Times source said the SC magistrates upheld the “fiscal autonomy” powers of the President in using the savings of various government agencies but they noted that such funds can only be used within the executive branch.

    The justices pinpointed the twin violations committed by Aquino and Abad when they implemented the DAP—the illegal use of the savings of government agencies and the “cross-border” scheme under which such funds were transferred to another branch of government.

    The DAP first came to light last year when Sen. Jose “Jinggoy” Estrada disclosed that senators who voted to convict former Chief Justice Renato Corona in 2012 were each given an additional P50 million incentive. The money reportedly came from DAP.

    Estrada admitted receiving the incentive but he maintained that the money was not a bribe.

    The SC justices said the transfer of funds from the executive to the legislative department violates the doctrine of separation of powers.

    The 1987 Constitution empowers the heads of each department to use their savings under their “fiscal autonomy” power. Those given such fiscal autonomy powers are the President, Senate President and the Speaker of the House of Representatives, Chief Justice and the chairmen of the Constitutional Commissions.

    Malacañang had claimed that DAP was launched as a stimulus program, and that funds from slow moving projects were transferred to other projects to propel economic growth. It noted that the case is moot because DAP is no longer being implemented.

    Share.
    loading...
    Loading...

    Please follow our commenting guidelines.

    39 Comments

    1. Wow, kung makakoment ang mga tao dito, wagas! Parang sila ang TAMA! Puro kayo against kay Pnoy, sige nga sino ba gusto niyo Presidente? May nagkoment dito gusto niya mga generals daw ang mag govern at ipa audit lahat ng ahensiya. Martial Law or Military Rule ba gusto mo? Nassan na democracy duon? Kung me ebidensiya kayo na nag nakaw at sumuhol si Pnoy sa mga senador, ala eh, ibunyag niyo, hard evidence ha! hindi sabi sabi lang ni Jinggoy at Bong. Kundi puro angas lang kayo at papogi. Kung maka koment basta koment talaga,… hala kayo nga diyan, Tingnan natin. itong DAP na ito, creation ni Abad ito, he presented to Pnoy with the promise that the Executive has the power to implement it. Ngayon, if it results in good economic improvements, which was proven by international monetary score upgrade, yung SC ba gusto maging bookish pa rin at magtago sa Constitution? Eh di madlang peeps, hanggang diyan na lang ang Pilipinas. Third World Country pa din. I rest my case.

      • One at a time sir. After the SC decision, yong mga ebidensya na hinihingi mo lalabas yan. Whatever economic improvements that you are talking about is irrelevant to legality of the decisions and actions taken by Pnoy and Abad. It is the breaking of the law (constitution) we are talking not economics. clear?

      • Clinton P. C on

        hahahha bro.. d nga panunuhol ung DAP kai walang DAP ang 3 senators kasi d sila nag VOTE ng GUILTY cguro nga d suhol un kung bakit ung nag VOTE lang ng GUILTY ang mai DAP astig no..

        tawag pla nun mai FAVORITISM hndi suhol kasi d nman suhol dba?, mai pinili lang.

        tas hinahanap mo ang ibendensya eh ito na nga nag comment kna DAP is UNCONSTITUTIONAL.. cguro d knaman bobo pra d malaman ang UNCONSTITUTIONAL dba?..

    2. Just talking could not help to save the country from those devils. Go to the street and make a move to remove the president from his office

    3. “The arch of moral universe is long, but it bends toward justice.” For those justices who allowed themselves to be prostituted by Malocanan must be subjected to lifestyle check.

    4. Ang DAP ang siyang dahilan na pagkawala ng independensiya ng legislative at judicial branches ng ating gobyerno dahil ito ang nababalitang nagamit ng executive branch ng ating gobyerno na masuhulan ang 2 sangay ng ating gobyerno upang umayon sa lahat ng kagustuhan o kapritso ng ating executive branch. Sana ay dapat nating bigyan ng importansiya na masiguro at maipagalaban ang independensiya ng isa sa bawat sangay ng ating gobyerno para magkaroon ng check and balance. Patuloy tayong magmasid at manindigan upang masuportahan ang ating kataas taasang hukuman na magdesisyon na ang DAP ay talagang unconstitutional.

      • Iñigo Montoya on

        I absolutely agree that people who received DAP should return it…but thats like hoping to find Bigfoot, or discovering aliens. Thats a fantasy. Nobody will EVER give it back, its already been spent by these political terrorists that keep getting elected all the time!

    5. Yolanda David on

      Dapat usigin agad si BSA ,Abad & their cohorts at malapit na naman ang eleksyon.Dapat na mapagtanto nang mga nagluklok kay BSA na malaking pagkakamali ang pagka Presidente nya dahil lalong nalugmok sa kasalatan at kahihiyan ang bansa sa pamumuno nya.Dapat makita ng sambayanan na inuusig sya para kung sino man ang pumalit sa kanya at sa mga maluluklok pa sa kapangyarihan ng mamamayan ay magkaroon nang delicadeza.

    6. The days of reckoning is fast approaching on these government officials who spent the people’s money as if they are the owner of this money and disbursed the same at their own free will.

    7. sa wakas…. ang sc d nabayaran………. and sana ang sumunod na presidente kong ka alyado ni pnoy mananalo… hindi natin hahayaan na manipulahin ulit nila ang desisyonn.. dapat managot c pnoy at abad kasuhan.. wlang exemption kesho ka alyado nya ang next president.. rebulusyon ulit kong mangyari…

      • …may pag asa pa ang bayan…nagsisilbing ilaw pa din sa kadiliman ang sc…mabuhay po kayo..kayo ang tunay na pag asa ng bayan….

    8. Ed C. Soliman on

      I wonder why it takes too long for the so called law experts to declare DAP unconstitutional while they immediately announced the unconstitutionality of PDAF. Is it because Aquino and his partner in crimes, Abad is involved? Administration of the so called Justice in the Philippines is obviously selective in its application. How sad…

    9. Ang DAP kasi ay KATHANG ISIP at IMBENTO lamang ni ABAD… Noong sila ay ma-CORNER ni JINGGOY sa pag-amin na tig-50M ang inabot sa kanila after ng impeachment ni CORONA, it went out of their control at kinailangan nilang depensahan…

      at ipinanganak na for the first time ever ang tinatawag na DAP… good luck na lang sa mga legal advisors ni PNoy… IMPEACHMENT? Ewan ko lang kung may kahihinatnan yan… For me enough na sa akin na ma-boljakan yang dalawang yan na dapat nang pagbuhulin…

      Parang ayaw ko sa impeachment kasi si BINAY ang successor, parang pina-aga bigla ang kamalasan na sa 2016 pa dapat…

    10. This is abuse of authority, a criminal neglect, and grounds for impeachment of Noy. In any case both Noy and Butch are criminally liable. Looks like JPE, Bong, and Jinggoy will have room mates in Muntinglupa.

    11. Impeach the President and put all those guilty of plunder to prison. The Generals will take over the government to oversee a special elections .All our departments that handles government monetary transaction will be audited. with the Expanded and Well funded National Bureau of Investigation working side by side with COA. All future candidates shall have a lifestyle check and audits on their financial activities before the comelec accepts their application.The freedom of information will be declared legal by the Supreme Court under the Freedom of Speech.
      Am I dreaming about these scenario or can it be a reality?

    12. If Pnoy thinks that by removing Corona in the SC he can control SC he is definitely mistaken, SC still have the good justices that will serve the country and not willing to become a zomby.

    13. This is the time that the Filipino people is waiting for and that is for SC to act like one independent body and not a palace controlled institution.

    14. We are lucky to have clear minds in the SC, even some of them tried their best to justify Pnoy actions on DAP , majority of them are still loyal to their oath.

    15. A rose by any other name would smell as sweet…. a pork barrel by any other name would still smell like a hog full of greed and corruption.The people’s last hope is our Justice System . They need to be more vigilant in cleaning up our government’s .mess.They are all educated and well informed. .Our electorate have not evolved enough to choose the right political leaders. They are easily persuaded by showbizz and don’t look at their candidates platforms.There is no freedom of information so it is hard to dig their bones in the closet.The media should encourage debates on issues so the people can pick on all these politicians brains, their vision and their vision on why and how do they want to serve our people.

    16. Eddie de Leon on

      Thank God, in the disordered and dishonest and hyprocritical governance of our kawawang kawawa nation, we still have a majority of Supreme Court Justices who believe in the rule of law and are men and women of integrity and love of country.

      May they always have the graces they need to continue being patriotic Filipinos.

    17. Butch is A.bad man.

      Not only is he accused of being the mentor of Napoles, master of nepotism(11 close relatives – wife, children and all), now he is the creator of DAP, and if we dig a little more we will find out that he is also a master manipulator of a lot of unsavory things.

      Butch, you self anointed ……..[The Editors deleted Reader VSGuevara’s angry unprintable curses].

    18. Pedro C. Albea on

      If the utilization of the DAP by the executive department has violated the constitution but such utilization has done good for the country and our people, I would rather prefer to put the blame on the writers of the constitution who wrote those restriction. Sometimes it is better to have no law if the same would only deter progress and improvement of life.

      • This DAP is the Executive branch’s Pork Barrel It is used to manipulate the legislature thus violating the separation of powers .. If it is manipulated to advance the President’s own agenda and goes to fictitious
        NGO’s like the Napoles” scheme, then it is deemed to be Unconstitutional.

      • Hey Pedro! What improvement are you talking about? Nothing has change with what they did except to bloat the pockets of the legislators. We should all thank God we have the Supreme Court with men and women of honor and dedication to correct these dastardly acts of this administration…God Bless our Supreme Court.

      • Tama po kayo kung ginamit sa mabuting paraan ang pera galing sa DAP, pero it was already well established na ilang bilyon halaga ang galing dito ang ipinansuhol sa mga congressmen at senador noong impeachment proceedings sa isa ring corrupt na si corona.

      • you’re right, we can progress without the law, it’s just a hindrance to our great dreams and aspirations, let the powerful rule, that’s more convenient.

    19. SALVACION CAHAYAG on

      If the Supreme Court rules that the controversial DAP is unconstitutional, they
      will be exercising theirs sense of fairness, equity and patriotism. They will at least
      restore the peoples faith that in this country there is still a court of last resort. These
      justices who will decide that this DAP is unconstitutional are true to their
      sworn duties to protect the rights of the people no matter who violated the law.
      The people should realize by now that this administration is by far the worst.
      No other administration has been as vindictive and corrupt such as this. No
      president has ever bribed members of congress to succumb to whims such
      as this. Indeed he bought these members of congress to pursue his agenda
      of vindictiveness and in removing the sitting chief justce. All these acts constitute
      a culpable violation of the constitution. No administration has ever coddled and
      shielded his cohorts more than this president. In the case of Abad,it is very very
      clear that this president used his power to favor this family. 11 Abad’s in government?
      Is this not nepotism? What does this Abad have that others do not have. The
      answer is obvious, through their machinations, Abad according to Napoles was
      her mentor. The DAP? Funds were used to buy these members of congress to
      impeach Corona according to Jinggoy. Is this not a culpable violation of the constitution? Certainly, it has been the worst of its kind. So grave and serious
      has this administration committed against the sovereign Filipinos.

    20. PDAF was Declared by CA as Unconstitutional, of course DAP is Illegal too. BS Aquino n allies should be held liable for these illegal activities. No one is exempted by our governing laws.!!!!!

      BS Aquino is the Pork Barrel King,

      Admit it or not yellowtards

    21. looks like the biggest blunder that a sitting president committed here.in due time, impeachment can bring president aquino down for violating the constitution

    22. The SC ruling declaring DAP as unconstitutional will greatly help in restoring the many doubts and distrusts many Filipinos already feels towards the many abuses of gov’t funds which could have been used for infrastructure ,creation of jobs and rehab of many dilapidated and technology behind gov’t hospitals and schools and relief assistance to many suffering less fortunate.afflicted by historically calamity prone areas i.e. Yolanda ,etc. and military arms modernization in aid to the many threats our country is facing , i.e. terrorism by Abu Sayaf and Islamic militants in Mindanao etc.

      • There is a proper procedure for that….like impeachment….but the majority of the Senators who can impeach him are his party mate…that’s the sad reality

    23. Roldan Guerrero on

      PATAY ANG DALAWANG NOTPA! The OCTUPOS IN MALACANIANG and the OCTUPOS from IBATAN Channel in the Batanes Province who are partners in crime. People who are used to do illegal things will have their time! Finally the PORK BARREL KING and his PLUNDER ARCHITECT will face the consequences of their illegal activities. If it is true that DAP will be declared illegal then it is a landmark decission in favor of the Filipino people. Let it be!

    24. If true, this is a positive development. It will show the public that the SC is really independent, so unlike those thieves, bastards and crooks in the Executive and Legislative branches. Let us see how the PNoy appointees led by Lourdes Sereno votes. One matter though is they should vote according to the legality of the issue not because they were appointees of PNoy. PNoy will not last for their lifetime so why be subservient to him? They cannot say that it only happens during PNoy administration because in the past administration Arroyo was also defeated in cases against her administration. The rule of law must prevail, not like the rule of the Executive and Legislative branches, when they used all the tricks in impeaching Corona and have the RH Bill approved.

    25. John carousel on

      If the vote is “Unconstitutional”….. Could this pave a clear way for impeachment
      proceedings?

      • Don’t think so…even if it’s possible, majority of the lawmakers who can impeach him are his party mate…so it is only waste of time and people’s money…people will end up the loser