BY PRINCE GOLEZ
Manila Reporter
MANILA – The Supreme Court (SC) declared as “unconstitutional” salient features of the government’s Disbursement Acceleration Program (DAP).
These are:
- Withdrawal of unobligated allotment from implementing agencies and declaration of withdrawn allotments and unreleased appropriations as savings prior to end of fiscal year;
- Cross border transfer of the savings of the Executive to offices outside the executive department; and
- Funding of projects, activities and programs that were not covered by the General Appropriations Act.
Nine petitions against DAP were filed before the high court. They considered it a form of presidential pork barrel and a violation of the exclusive power of Congress to appropriate funds.
The Department of Budget and Management (DBM) previously said DAP was created in 2011 to fast-track public spending.
DAP funds, it also said, came from slow-disbursing programs.
Malacañang yesterday refused to comment on the SC ruling.
“We will defer comment until we have read the full text of the decision,” Deputy Spokesperson Abigail Valte told reporters.
Senators Miriam Defensor-Santiago and Jinggoy Estrada, meanwhile, hailed the Supreme Court’s decision.
The ruling is a “no-brainer,” said Santiago, a constitutional law expert.
Any DAP appropriation is “illegal” because it was not part of the 2011 and 2012 budgets, the Ilongga lawmaker stressed.
“The alleged savings were used to augment new budget items which were not previously authorized by Congress,” she noted.
If, indeed, DAP funds were taken from slow-moving projects, then, “no savings were generated,” Santiago said.
Estrada, on the other hand, said DAP had “no basis” and “not even included and nowhere to be found in the General Appropriations Act.”
Budget officials behind DAP “must be held accountable,” the senator also said.
It was Estrada who exposed DAP last year. He said several senators received P50 million to P100 million supposedly in exchange for voting to convict then Chief Justice Renato Corona.
Budget Secretary Florencio Abad had said DAP funds were realigned savings meant to spur government spending.
In connection with the DAP, Santiago urged the Commission on Audit to probe the alleged bribery of congressmen and senators during the impeachment trial of Corona./PN
