Religious groups frown at Noy’s DAP

MANILA, Philippines - Several religious groups believe the controversial Disbursement Acceleration Program (DAP) fund of President Aquino is illegal.

Christian sects Yeshua Change Agents (YCA), Bible Mode and Capitol Christian Leaders (CCL) filed last Friday a seventh petition seeking to declare DAP unconstitutional, it was learned yesterday.

YCA pastor Greco Belgica, a former Manila councilor and losing senatorial candidate, was joined by Bishop Reuben Abante of Bible Mode and Rev. Jojo Gonzales of CCL in filing the petition.

Earlier, Belgica also filed another petition questioning the constitutionality of the Priority Development Assistance Fund (PDAF), commonly known as the congressional pork barrel fund.

Just like the six earlier petitions against DAP, the Christian sects alleged that the discretionary fund of the President violates the exclusive power of Congress to appropriate funds.

They said the use of the DAP violated Article VI Section 29 (1) of the Constitution, which requires that “no money shall be paid out of the Treasury except in pursuance of an appropriation made by law.”

They cited Department of Budget and Management-National Budget Circular (NBC) 541, particularly its portion that allows the use of the DAP funds “to fund priority programs and projects not considered in the 2012 budget but expected to be started or implemented during the current year.”

“Such directive is clearly a usurpation of the power of the legislature to appropriate government funds. Such power did not originate from the House of Representatives nor did it pass the legislative process under the Constitution,” the petition reads.

“In this case, NBC 541 even contemplates – even as it acknowledges – the use of DAP funds for programs or projects not in the current budget but only contemplated by the executive to be implemented or started within 2012 notwithstanding the absence of an appropriation therefore,” it added.

Named respondents in the petition were President Aquino, Senate President Franklin Drilon, Speaker Feliciano Belmonte Jr., Executive Secretary Paquito Ochoa Jr. and Budget Secretary Florencio Abad.

In an earlier petition against the pork barrel, the petitioners said the DBM, Ochoa, Drilon and Belmonte committed “grave abuse of discretion” when they allowed the implementation of the pork barrel system, which the petitioners said “violates the constitutional limits given to the executive and the legislative because they are able to spend money beyond what is approved by Congress since these are lump sum funds.”

The Supreme Court had earlier consolidated the six other petitions against the DAP filed by former Iloilo Rep. Augusto Syjuco; lawyers Jose Malvar Villegas Jr. and Manuelito Luna; Philippine Constitution Association; Integrated Bar of the Philippines; and Bayan Muna, Kabataan and Gabriela party-list groups.

They argued that the Constitution prohibits transfer of funds between branches of government without an enabling law.                  â€“ With Delon Porcalla