Palace: Ombudsman can probe PNoy over DAP, but he’s immune from suit

President Benigno Aquino III cannot be sued while in office, Malacañang maintained Tuesday after Ombudsman Conchita Carpio Morales revealed that Aquino is being investigated for implementing the partially unconstitutional disbursement acceleration program (DAP).

 

“We wish to point out the Constitutional principle that an incumbent President of the Philippines is immune from suit,” Communications Secretary Herminio Coloma Jr. said in a statement. 

 

Nevertheless, Coloma said the Office of the Ombudsman “is empowered by law to conduct” its probe on Aquino and Budget Secretary Florencio Abad over the DAP.

Although Aquino is immune from suit, the 1987 Constitution states that the President is one of the officials who may be removed from office through impeachment. Last year, moves to impeach Aquino over the DAP did not prosper at the House of Representatives.

 

During a budget hearing at the House of Representatives earlier in the day, Morales—who Aquino picked as Ombudsman in 2011—said her office is currently evaluating a report from investigators who looked into Aquino and Abad’s possible liability for creating and implementing the DAP.

 

Meanwhile, Abad, who is facing plunder charges over the controversial economic stimulus program, deferred comment on the Ombudsman's investigation. "It is prudent to read the transcript of the hearing before making any statement," he said.

 

Last year, the Supreme Court unanimously declared as unconstitutional certain acts under the DAP, such as the pooling of savings before yearend and the transfer of funds from one government branch to another.

 

Earlier this year, however, the high court partially granted the executive’s appeal on its DAP ruling. In its modified decision, the SC said that only the DAP’s authors, not the proponents and implementors of the projects, could possibly be held liable for unconstitutional acts. — Andreo Calonzo/RSJ, GMA News