Aquino approved P72-billion in DAP releases – SC

President Benigno Aquino III approved in early 2011 the release of at least P72 billion for the controversial Disbursement Acceleration Program, supposedly to benefit various government agencies including, ironically, those at the forefront of probing government fund misuse like the Commission on Audit and the Department of Justice, records of the Supreme Court showed.
 
In its main decision as well as in one of the five concurring opinions on the DAP issue, the high tribunal revealed a memorandum submitted by Budget Secretary Florencio Abad dated October 12, 2011. The memo showed the President approving the implementation of the DAP using P72.11 billion from various sources.

The Supreme Court on Tuesday announced that it found portions of the DAP unconstitutional.
 
"Mr. President, this is to formally confirm your approval of the Disbursement Acceleration Program totaling P72.11 billion. We are already working with all the agencies concerned for the immediate execution of the projects therein," said Abad in his memo.
 
Associate Justice Arturo Brion mentioned the same Abad memo, including the amount involved, in the magistrate's separate concurring opinion on the case.

Around P45 billion from the total DAP funds went to national government agencies. This includes some P144 million set aside for the COA's information technology infrastructure program and its hiring of additional litigation experts and P11 million for the Department of Justice for the operating requirements of 50 investigation agents and 15 state attorneys.
 
The DOJ and COA were the two agencies pivotal in unearthing controversial multi-billion-peso government fund scandals like the P10-billion pork barrel fund scam and the P900-million Malampaya fund controversy.

Other agencies that benefited from the DAP were the Department of Finance-Bureau of Internal Revenue (P758 million), Department of Agriculture (P5.4 billion), Department of Agrarian Reform (P1.58 billion), Department of Public Works and Highways (P5.5 billion), the Department of Transportation and Communication (P4.5 billion).

DAP funds also went to the Autonomous Region in Muslim Mindanao for the "Comprehensive Peace and Development Intervention" (P8.592 billion) and the "LGU Support Fund" (P6.5 billion), and "Various Other Local Projects" (P6.5 billion).

The remaining P26 billion went to the Light Railway Transit Authority, National Housing Authority, Philippine Heart Center, Philippine Health Insurance Corp, Philippine Postal Office, and Bangko Sentral ng Pilipinas, among others.
 
The sources for these funds included unreleased personal services appropriations for 2011, unreleased appropriations for 2011, unprogrammed fund for 2010, carry-over appropriation for 2010, and budget item for realignment for 2011.

The activist group Bagong Alyansang Makabayan earlier said that it has proof—in the form of the executive branch's submissions to the Supreme Court—that Aquino approved more than P170 billion worth of DAP projects.

Reyes said Aquino signed the documents ordering the release of P72.1 billion on October 12, 2011; P13.3 billion on December 21, 2011; P32 billion on June 27, 2012; P6 billion on September 5, 2012; P33.3 billion on December 21, 2012; P10 billion in May 2013; and P10.534 on September 25, 2013.

According to the SC, Abad's October 2011 memo was followed by another one dated December 12, 2011 requesting omnibus authority to consolidate the savings and unutilized balances for 2011.

The SC said that "substantially identical requests for authority to pool savings and to fund proposed projects were contained in various other memoranda from Abad dated June 25, 2012, September 4, 2012, December 19, 2012, May 20, 2013 and September 25, 2013.

"The President apparently approved all the requests, withholding approval only of the proposed projects contained in the June 25, 2012 memorandum, as borne out by his marginal note therein to the effect that the proposed projects should still be 'subject to further discussion,'" said the high court.

The SC, in its main decision, however did not indicate if funds were disbursed in connection with these several memoranda.

But in another concurring opinion, Senior Associate Justice Antonio Caprio mentioned the DBM admitting that DAP disbursements were also made on dates close to the issuance of the respective memoranda.

The disbursements and their dates were as follows:

10-Oct-11 - 67,722,280
21-Dec-11 - 11,004,157
27-Jun-12 - 21,564,587
05-Sep-12 - 2,731,080
21-Dec-12 - 33,082,603
17-Jun-13 - 4,658,215
26-Sep-13 - 8,489,600

TOTAL 149,252,523

—NB/JDS, GMA News