Aquino’s good faith

Malacañang, through Secretary Herminio Coloma, now puts forward the defense that the President acted in “good faith,” and the programs and projects funded through Disbursement Acceleration Program (DAP) are for the good of the people.

Justice Antonio Carpio, in his 27-page opinion, pointed out the argument that the Aquino Administration wanted to pool funds from slow-moving projects and programs and to realign this to other projects, as provided for under National Budget Circular (NBC) 541, is “clearly unconstitutional.” He also found it surprising that Congress did not raise a howl over DAP and NBC 541, considering that the DAP castrated Congress and made lawmakers inutile. 

 “The President disregards the specific appropriations in the General Appropriations Act (GAA) and treats the GAA as his self-created all-purpose fund, which he can spend as he chooses without regard to the specific purposes for which the appropriations are made in the GAA,” Carpio added.

The Constitution clearly stated that the GAA is a law enacted by Congress, “the most important legislation that Congress enacts every year.”

Even if lawmakers supported the DAP, Justice Carpio said the High Tribunal “cannot allow a castration of a vital part of the checks and balances enshrined in the Constitution — even if the branch adversely affected suicidally consents to it.”

While Justice Brion, in his own 60-page opinion, found it incredulous that Secretary Abad considers the DAP legally and constitutionally valid. He cited Abad’s statements before the High Tribunal on the DAP — “there are indicators showing that the DBM Secretary might have established the DAP knowingly aware that it is tainted with unconstitutionality.”

“Armed with all this knowledge — Abad as a lawyer and 12 years of experience behind him as a congressman —  it is not hard to believe that he can run circles around the budget and its processes, and did, in fact, purposely use this knowledge for the administration’s objective of gathering the very sizeable funds collected under the DAP,” Brion said.

Justice Estela Perlas-Bernabe submitted an eight-page opinion, emphasizing the President should remember the bounds of his budgetary prerogative, and the power of the purse resides in Congress.

Associate Justice Marvic Leonen cautioned against inferring from the tribunal’s ruling the liability of those involved in the DAP. He recommended that disbursements under the DAP be audited, saying evidence submitted by the respondents (Malacañang) to court should be forwarded to the Commission on Audit “for their appropriate action.” “Each expenditure must be audited in accordance with our ruling,” Associate Justice Leonen said in his 29-page opinion.

Associate Justice Mariano Castillo called for public vigilance. He ultimately cited the remedy resides in the people. He stated to press for needed reforms in the laws that currently govern the enactment and execution of the national budget and to be vigilant in the prosecution of those who may have fraudulently abused or misused public funds. 

Chief Justice Lourdes Sereno, who had issued separate opinions in previous big cases involving the Executive branch, did not submit her own this time.

P-Noy’s legacy

President Aquino stated, in his speech  on the 67th anniversary of the Philippine Air Force (PAF), that his legacy is one of good governance and efficient administration.

How can one claim good and efficient governance in the face of two Supreme Court (SC) decisions — striking down the Priority Development Acceleration Program (PDAF) and the Disbursement Acceleration Program (DAP) as unconstitutional?

The President did not consult the Secretary of Justice or the whole Cabinet on the creation of the DAP.

The creation of savings from projects not implemented or completed also is an indication of inefficiency on the part of Cabinet members.

Autonomous Region in Muslim Mindanao (ARMM) Governor Mujiv Hataman suspended all projects funded by DAP.

The President should issue an order suspending all projects funded by DAP and recall unspent balances.

The senators and congressmen should now release the information where the DAP money went. DAP releases to Janet Lim-Napoles’ non-governmental organizations (NGOs) must now be identified.

Budget Secretary Butch Abad now claims the creation of the DAP was approved by the Development Budget Coordinating Committee (DBCC). If that is so, all the members of DBCC should also resign.

Garlic prices manipulated

Senator Cynthia Villar, chairperson of the Senate Committee on Agriculture and Food, said the prices of garlic are manipulated.

Villar said the landed cost of imported garlic is only P17 per kilo while local garlic in Ilocos Norte is selling at only P40 per kilo.

So why is the Department of Agriculture (DA) and the Department of Trade and Industry (DTI) not doing anything about it?

Who are the importers and traders who have increased the market prices?Last chance

With less than 24 months to go in President Aquino’s term, this is his last chance to revamp his Cabinet and infuse new blood into the non-performing departments.

Most Cabinet members are now serving four years. It is reasonable to suspect that some of them are now burned out.

There are at least 6 Cabinet members, led by DBM Secretary Abad, who can be allowed to resign and prepare for another career.

Also waiting for a major revamp is the top ranks of the Philippine National Police (PNP). The heads of Armed Forces of the Philippines (AFP) and PNP average only two years in service.

The President can secretly create a super committee of top private executives to review the performance of Cabinet members.

Another mayor killed

Mayor Mario Okinlay of Impasug-ong, Bukidon was shot dead by suspected New People’s Army (NPA) rebels in that municipality. Mayor Okinlay was known for his anti-communist and anti-crime efforts.

A teenager was shot dead by a riding-in-tandem in Bulacan.

Another hazing case was reported at the University of the Philippines.