SC won’t compel ombudsman to probe execs over DAP

MANILA, Philippines – The Supreme Court (SC) dismissed yesterday for lack of merit a petition seeking to compel the Office of the Ombudsman to investigate and prosecute outgoing executive officials behind the Disbursement Acceleration Program (DAP).

Spokesman Theodore Te said the SC ruled that the petitioners were not entitled to such relief and that the elements necessary for issuance of a mandamus order were not present in this case.

“The court declared that the acts sought to be compelled by petitioners are not ministerial acts but discretionary acts,” he said.

Mandamus is issued only when there is a clear legal right to the act demanded, the act demanded is ministerial, the respondent has the duty to perform the act as mandated by law, respondent unlawfully neglects the performance of such duty and there is no other remedy available for petitioners, the SC said.

The petition arose from the SC ruling in July 2014 declaring certain acts under the DAP as unconstitutional upon petition of former Manila councilor Greco Belgica and other anti-pork barrel advocates.

In that ruling, which became final in February last year, the SC held that authors of DAP could be held liable over the illegal acts upon findings by appropriate investigative bodies.

The acts declared illegal included the withdrawal of unobligated allotments from implementing agencies and their use as savings prior to end of fiscal year as well as the cross-border transfer of savings of the executive to augment funds of agencies outside the department.

Also declared unconstitutional was the use of unprogrammed funds despite the absence of a certification by the national treasurer that the revenue collections exceeded the revenue targets for non-compliance with conditions in the GAA.

The SC held that these acts and practices under the DAP violated the constitutional doctrine of separation of powers and the provision prohibiting inter-branch transfer of appropriations.

However, it applied the doctrine of operative fact and cleared from liabilities the proponents and implementors of projects under the DAP.

In their opinions, Senior Associate Justice Antonio Carpio and Associate Justice Arturo Brion have pointed to President Aquino and Budget Secretary Florencio Abad as authors of DAP.

A group led by Belgica and presidential aunt Margarita Cojuangco filed a petition in August last year to compel Ombudsman Conchita Carpio-Morales to suspend DAP’s authors, proponents and implementors.