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Budget chief Abad faces plunder, graft cases over DAP release
(Updated 1:48 p.m.) Budget Secretary Florencio "Butch" Abad is facing another plunder case before the Office of the Ombudsman in connection with the implementation of the administration's Disbursement Acceleration Program (DAP) which has been declared partly uncostitutional by the Supreme Court.
In a complaint filed with the Office of the Ombudsman on Thursday, former Philippine Constitutional Association (Philconsa) president Bonifacio Alentajan charged Abad of committing plunder as defined under Republic Act 7080 or the Plunder Law and usurpation of legislative power and authority as defined under Article 177 of the Revised Penal Code (RPC).
The charges stemmed from Abad's alleged distribution of P50 million each to 19 senators who voted for the conviction of former Chief Justice Renato Corona in 2012 over the former chief magistrate's misdeclaration in his statements of assets, liabilities and net worth (SALNs).
The charges stemmed from Abad's alleged distribution of P50 million each to 19 senators who voted for the conviction of former Chief Justice Renato Corona in 2012 over the former chief magistrate's misdeclaration in his statements of assets, liabilities and net worth (SALNs).
In his complaint, Alentajan alleged that Abad transferred the DAP funds "duly appropriated to one government agency to another without legislative authority" and has "feloniously allotted" P50 million each from the DAP funds to the 19 senators who favored Corona's conviction in his impeachment case.
"Clearly, therefore, from the doctrinal findings of facts of the Supreme Court, and the judicial admissions of DBM Secretary Florencio B. Abad, he transferred funds duly appropriated to one government agency to another without legislative authority and feloniously awarded and released fifty million pesos each to the Senators who voted for the impeachment of Chief Justice Renato C. Corona, or almost one billion pesos," Alentajan said.
"Indubitably, DBM Secretary Florencio B. Abad misappropriated, converted, misused, public funds without proper authority from Congress," he added.
At the same time, Alentajan asked the Ombudsman to issue a preventive suspension against Abad pending the investigation of the complaint "so he will not have access to public documents involved in this case."
Jinggoy speech
"Clearly, therefore, from the doctrinal findings of facts of the Supreme Court, and the judicial admissions of DBM Secretary Florencio B. Abad, he transferred funds duly appropriated to one government agency to another without legislative authority and feloniously awarded and released fifty million pesos each to the Senators who voted for the impeachment of Chief Justice Renato C. Corona, or almost one billion pesos," Alentajan said.
"Indubitably, DBM Secretary Florencio B. Abad misappropriated, converted, misused, public funds without proper authority from Congress," he added.
At the same time, Alentajan asked the Ombudsman to issue a preventive suspension against Abad pending the investigation of the complaint "so he will not have access to public documents involved in this case."
Sought for a reaction, Abad dismissed Alentajan's allegations as "baseless."
"That is absolutely without any basis. It's a figment of their imagination. Incredible! I do not think they are even serious at all about filing that complaint," Abad said in a text message sent to reporters.
Abad has a pending plunder complaint before the Ombudsman filed by the Kabataan party-list in July last year but the complaint is still pending at the level of the Ombudsman's Field Investigation Office (FIO).
Former Philippine Constitutional Association (Philconsa) president Bonifacio Alentajan holds up a copy of the plunder and graft charges filed against Budget Secretary Florencio "Butch" Abad before the Ombudsman on Thursday, July 23. Abad allegedly paid 19 senators P50M each to vote for the conviction of former Chief Justice Renato Corona in 2012 for betrayal of public trust. Elizabeth MarceloAbad has a pending plunder complaint before the Ombudsman filed by the Kabataan party-list in July last year but the complaint is still pending at the level of the Ombudsman's Field Investigation Office (FIO).
Jinggoy speech
In his complaint, Alentajan cited as "evidence" the privilege speech of Senator Jinggoy Estrada on Sept. 25, 2013 in which the senator bared that he and 18 others of his colleagues received P50 million each from the administration under the leadership of Abad, as a form of "incentives."
"Hahayaan ko na ang taong bayan ang gumawa ng konklusyon kung ito ay totoo o hindi, pero ito ang aking maidadagdag sa kwento: after the conviction of the former chief justice, those who voted to convict were allotted an additional P50 million," Estrada said at the time.
Estrada was among those who voted to convict Corona.
Estrada was among those who voted to convict Corona.
Abad has since denied Estrada's allegation, maintaining that the funds were released by the Budget Department to the senators based on their letters of request for disbursement to fund various projects supposedly aimed to accelerate economic growth.
In a ruling issued in July last year, the SC declared certain provisions of DAP as unconstitutional, among these were the cross-border transfers of the savings of the executive to augment the appropriations of other offices outside the executive as well as the funding of projects, activities and programs that were not legislated under the General Appropriations Act (GAA).
Alentajan said that in reference to the SC ruling, Abad clearly violated the Constitution by appropriating money from the national treasury even without a legislation.
"The tenor and context of the challenges posed against DAP indicate that the DAP contravened the Constitution by allowing the executive to allocate funds of its various agencies in the guise of President exercising his constitutional authority under the Constitution to transfer funds out of savings to augment the appropriations of offices within the executive branch of the government. But the challenges are further complicated by the interjection of allegations of transfer of funds to agencies or offices outside the executive,” Alentajan said in his complaint. — RSJ, GMA News
