Miriam: Release of DAP funds after Corona conviction still bribery

Releasing funds under the controversial Disbursement Acceleration Program (DAP) to senators even after the conviction of former Chief Justice Renato Corona can still be considered as bribery, Senator Miriam Defensor-Santiago said Thursday.

In a phone interview, Santiago said the Revised Penal Code does not state a time period as to when bribery is committed.

"The DAP was allegedly distributed way after the impeachment [trial]. The argument is the time interval between [the trial] and the crime of knowingly rendering unjust judgement was so long that you cannot connect the two. That is also erroneous reading of our Penal Code," Santiago said.

She added that "mere promise of a reward for the criminal action is already a ground for bribery."

"It is not acceptable to say that the money was given several months after the trial," she said.

Article 210 of the Revised Penal Code states that direct bribery is committed when a public officer agrees "to perform an act constituting a crime, in connection with the performance of this official duties, in consideration of any offer, promise, gift or present received by such officer, personally or through the mediation of another."

Control over Congress

Although Santiago believed that bribery can "theoretically" be a ground for Aquino's impeachment, ousting the President now will not be "practical."

"In theory, that will be impeachable, but he [Aquino] cannot be impeached in practice because he controls both House and Senate," Santiago said.

She added that impeachment proceedings will be "catastrophic" and "extremely divisive" at present.

On Wednesday, President Benigno Aquino III insisted that DAP releases made to senators last year cannot be considered as bribes, questioning if there is such a thing as "bribery after the fact."

Addressing his critics, Aquino earlier dared them to impeach him over the DAP controversy, while standing firm on his authority to use the country's savings for other purposes, as long as they are in the national budget.  — RSJ, GMA News