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SC Rejected Petition on Aquino DAP Probe


welcome By: Elena Grace Flores
Outgoing Benigno Aquino III or Pnoy will walk out of Malacanang unscathed tomorrow when he turns over the presidency to President-elect Rodrigo Duterte. The DAP case filed against him and other alleged accomplice was dismissed and he is safe for now.

CNN Philippines wrote: The justices ruled that the acts sought to by the petitioners from the respondents were not ministerial — but discretionary acts.
SC Spokesperson Theodore Te explained that the mandamus will be issued only (1) where there exists a clear, legal right to the act demanded; (2) respondent has the duty to perform the act because it is mandated by law; (3) respondent unlawfully neglects the performance of such duty required by law; (4) the act to be performed is ministerial, not discretionary; and (5) there is no other plain, speedy and adequate remedy in the ordinary course of law.

The petition was filed by senatorial candidate Greco Belgica group – asking the Supreme Court last August 2015 to direct the Ombudsman and the Department of Justice or DOJ to probe and prosecute those behind the DAP or Disbursement Acceleration Program.

Reference: http://cnnphilippines.com/news/2016/06/28/petition-vs-dap-pdaf.html

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