SC resolution: High tribunal declined DBM’s offer of ‘pooled funds’

In response to President Benigno Aquino III's criticism stemming from the Supreme Court's decision on the controversial Disbursement Acceleration Program, the SC on Thursday reminded the executive department that the high tribunal declined the Budget Department's offer of "pooled funds."

The SC almost had a taste of cross-border transfer of savings – a practice under the DAP, which the high tribunal later struck down as unconstitutional.

An earlier SC resolution, released to the media on Thursday, showed that Budget Secretary Florencio Abad last January offered "pooled funds" which the SC declined.

"The Court… declines the offer contained in the January 10, 2014 letter of Secretary Florencio B. Abad to avail of a portion of the... savings," read the resolution signed by Clerk of Court Enriqueta Vidal.

The resolution traced the chronology of events leading to the refusal of the SC to get Abad's offer.

March 5, 2013: The Supreme Court asked the Budget Department to transfer additional budget of P100 million, which will be sourced from the Department of Justice's Justice System Infrastructure Program savings from the 2012 budget.

The money the high court requested would be used to fund the construction of the Malabon Hall of Justice.

The DBM did not act on the Supreme Court's request.

December 23, 2013: Chief Justice Maria Lourdes Sereno sent a letter to Budget Secretary Abad withdrawing SC's initial request to transfer the P100 million.

Sereno's move was in response to the request by Justice Presbitero J. Velasco, chairman of the Halls of Justice Coordinating Committee.

But the Chief Justice instead asked the Budget Department to extend the validity of the P100 million from the Manila Hall of Justice budget until December 31, 2014.

January 10, 2014: Secretary Abad sent a letter to the high court saying he cannot extend the validity of the Manila Hall of Justice budget until December 2014 as it was part of the General Appropriations Act of 2012.

GAA 2012 states that capital outlays shall only be valid until December 31, 2013.

In the same letter, Secretary Abad informed the Court that "pooled savings" are available to augment the Judiciary's budget, as a response to the March 5, 2013 request to transfer the P100 million fund.

January 17, 2014: Justice Velasco had recommended that the SC decline Secretary Abad's offer and to totally withdraw the court's earlier request for budget transfer.  

Last Wednesday, President Aquino rebuked the SC, insisting that his administration deems the DAP as legal because the Supreme Court tried to transfer funds from one government branch to another, too.
 
"Napaigting pa ang paninindigan nating naaayon sa batas ang DAP dahil ang mismong Korte Suprema ay sumang-ayon din sa ganitong klaseng pagkilos," Aquino said in a speech in Batangas during the commemoration of Filipino hero Apolinario Mabini's 150th birth anniversary here. — Rouchelle R. Dinglasan /LBG, GMA News