SC ‘turned world upside down’ with DAP ruling – Palace

The Supreme Court (SC) has basically "turned the world upside down" when it did not presume good faith among government officilas behind the controversial Disbursement Acceleration Program (DAP), Malacañang said on Wednesday.

 

At a press briefing, presidential spokesman Edwin Lacierda said the executive branch is baffled why, for the first time, the high court wanted to hold government officials liable for the DAP despite acknowledging its benefits to Filipinos. 

 

"That is the problem that we have with this Supreme Court decision. I have mentioned this a number of times that when an operative fact doctrine is declared, good faith is always presumed. Criminal liability has never been discussed in an operative fact case," Lacierda told reporters.

 

"If you go through American cases, if you go through Philippine cases, this is the very first time. This is the first time na parang bumaliktad 'yung mundo," he added.

 

Last week, the SC unanimously declared certain acts under the government's DAP as unconstitutional, including the declaration of unobligated allotments as savings, the cross-border transfers of savings of the executive to other branches of government, and the funding of projects not stated in the national budget. 

 

In its ruling, the SC said the doctrine of operative fact applies to DAP-funded projects, meaning these projects can no longer be ignored or undone.

 

Despite this, the high court said in its DAP ruling that "the doctrine of operative fact... cannot apply to the authors, proponents and implementors of the DAP, unless there are concrete findings of good faith in their favor by the proper tribunals determining their criminal, civil, administrative and other liabilities." 

 

Difference in defining savings

 

Lacierda further said that the SC differed with the executive branch in the definition of savings, thus the adverse ruling on the DAP.

 

The President's spokesman said the SC thinks savings can only be declared at the end of each fiscal year. The executive branch, however, thought it can move funds from slow-moving projects to fast-moving ones.

 

"I think it will be prudent for the executive branch to move the funds from a slow-moving project, declare them as savings, and then shift it to a fast-moving project. That’s where the difference in definition of savings came about," he said.

 

Lacierda likewise said that Malacañang has no doubt that the bulk of DAP funds went to projects and were not misused.

 

"Sa 91 percent na paggamit ng executive branch, wala ho kaming duda roon. Doon po sa ibang napunta sa other 9 percent, may ilang senador na po ang naglabas ng listahan ng kanilang proyekto. May iilan din na nailabas sa pahayagan na senador na kung paano ginamit ang pondo na ginamit sa kanila. That's where the investigation starts," he said.

 

The National Bureau of Investigation (NBI) already started investigating allegations that Senators Juan Ponce Enrile, Jinggoy Estrada, Ramon Bong Revilla Jr., Vicente "Tito" Sotto III and Ferdinand "Bongbong" Marcos Jr. allocated some P425 million from DAP funds to fake foundations associated with businesswoman Janet Lim-Napoles. the alleged mastermind of the pork barrel scam.

 

Enrile, Estrada, Revilla and Napoles are already facing plunder and graft cases before the Sandiganbayan for allegedly pocketing millions in kickbacks from the pork barrel anomaly. — Andreo Calonzo/RSJ, GMA News