Former Philippine President Benigno “Noynoy” Aquino III has been indicted for the execution of the controversial Disbursement Acceleration Program (DAP).
The Office of the Ombudsman released a statement yesterday saying that Ombudsman Conchita Carpio Morales “found probable cause” to bring Aquino to court for usurpation of legislative powers under Article 239 of the Revised Penal Code.
The resolution dated May 22, which was approved by Carpio on June 14, is a motion for reconsideration which partially grants the appeal of militant leaders led by Bayan Muna (Country First) Rep. Carlos Isagani Zarate.
The charge comes from the alleged “unlawful issuance” of National Budget Circular (NBC) No. 541 for the implementation of DAP, a “mechanism to support high-impact and priority programs and projects using savings and unprogrammed funds.”
The DAP allegedly involved PHP72 billion (US$1.4 billion) in funds which had authorized the withdrawal of “unobligated allotments” of agencies with low levels of obligations in June 2012.
After a reevaluation of the case, Carpio stated that Aquino and former Department of Budget and Management (DBM) Secretary Florencio Abad showed an alleged “joint purpose and design to encroach on the powers of the Congress by expanding the meaning of savings to fund programs, activities, and projects under the DAP.”
The same statement adds that it denied Abad’s motion for reconsideration, affirming his earlier criminal indictment of the same offense. He was the only official found liable for the implementation of DAP in 2017, ABS-CBN News reported.
The Ombudsman mentioned that Abad cannot solely be held liable for the DAP since the National Budget Circular (NBC) No. 541 “would not have been issued” without Aquino’s approval.
The Ombudsman reversed its decision in 2017 which cleared Aquino of charges over the alleged illegal implementation of the DAP from 2011 to 2013.
The usurpation of legislative powers is an offense punishable by six months to six years imprisonment.
Zarate told the Philippine Daily Inquirer that he welcomed the “favorable ruling” of the Ombudsman, however, he believes Aquino and Abad should be indicted for technical malversation as well.
“They should be indicted as well for technical malversation and graft charges as both author and architect of the multi-billion presidential pork barrel called DAP,” he said.
There was not enough basis for the Ombudsman on the complaint of graft and technical malversation since Aquino and Abad were deemed to have been in good faith when they started the program, Inquirer added.
Meanwhile, Aquino’s spokesperson Abigail Valte said they have yet to receive a copy of the Ombudsman’s decision.
“We’re quite curious to study how the Office arrived at a reversal of its previous decision finding no liability on the part of Former President Aquino,” she told ABS-CBN News.
The Liberal Party, which Aquino is a part of, released a statement yesterday saying: “The DAP was crafted with the intention to deliver the services and infrastructure needed by the people and guided by the laws available to the executive. This is why former President Aquino gave his nod to the program.”
“Before all courts and until the very end of the process, former Pres. Aquino will show that he did not commit any illegal act. He will respect the process, as he expects that his reasoning be also given due course,” the statement added.
