MANILA – The Office of the Ombudsman found a probable cause to indict former president Benigno Aquino III over alleged irregularities in the controversial Disbursement Acceleration Program (DAP).
Aquino and former Department of Budget and Management secretary Florencio Abad will be charged with usurpation of legislative powers under Article 239 of the Revised Penal Code before the Sandiganbayan, Ombudsman Conchita Carpio-Morales said in a statement.
The case stemmed from the alleged unlawful issuance of National Budget Circular (NBC) 541 to implement the DAP involving P72 billion, authorizing the withdrawal of unobligated allotments of agencies with low levels of obligations.
“A reevaluation of the case establishes that the individual actions of respondent Aquino and respondent-movant Abad showed a joint purpose and design to encroach on the powers of Congress by expanding the meaning of savings to fund programs, activities and projects under the DAP,” Morales said.
Abad’s issuance of NBC 541 “cannot be viewed in a vacuum,” said the Ombudsman.
“The evidence on record shows that an exchange of memoranda between Aquino and Abad precipitated its issuance” – without Aquino’s approval, the memo would not have been issued, said Morales.
According to the Ombudsman, Aquino made marginal notes on several expenditure items and on the approval page of the memo.
Aquino “specified his unqualified approval on the following requests: on grant of omnibus authority to consolidate fiscal year 2012 savings/unutilized balances and its realignment; and grant of authority to withdraw unobligated balances of national government agencies for slow-moving projects/expenditures as of 30 June 2012 and its realignment,” said Morales.
“Such marginal notes show meaningful discussion between [Aquino and Abad] and not mere reliance of a superior on a subordinate,” she said. “Thus, Aquino cannot rely on the Arias doctrine.”
“It is thus clear that respondent-movant Abad sought the approval of respondent Aquino on both the request for authority to pool savings to fund the DAP and the request for omnibus authority to pool savings/unutilized balances,” Morales said.
If found guilty, Aquino and Aban may be penalized with prision correccional in its minimum period and temporary special disqualification under Article 239 of the Revised Penal Code./PN
