The Ombudsman clears former President Noynoy Aquino and DBM undersecretary Mario Relampagos from charges over the alleged illegal implementation of the P72-billion Disbursement Acceleration Program (DAP) in 2011, 2012, and 2013. Former budget secretary Florencio Abad is the only official found liable in the supposed illegal implementation of DAP.
Youtube video by; GMA News
[VIDEO]: The cases against Noynoy Aquino and Florencio Abad arose from the complaint filed by Bayan Muna Rep.Carlos Zarate, Renato Reyes, Benjamin Valbuena, Dante Jimenez, Mae Paner, Antonio Flores, Gloria Arellano, and Bonifacio Carmona, Jr. on July 8, 2016
No Justice to CJ Corona
The Ombudsman dismisses the administrative charges against Aquino for lack of jurisdiction. Relampagos is also cleared from administrative charges for lack of merit. The Ombudsman, however, found probable cause to charge Abad with the usurpation of legislative powers before the Sandiganbayan. Usurpation of legislative powers is a crime. It is where an executive or judicial officer either made general rules beyond the scope of his authority. Then attempts to repeal or suspend the execution of a law. The crime carries a penalty of imprisonment that ranges from six months and one day to six years. Abad is also guilty of simple misconduct. He must pay a penalty equivalent to only three months his previous salary while still in office.
Abad’s Doing it for Pnoy?
It is found that Abad unlawfully encroaches on the powers of Congress by effectively modifying the provisions on savings of the General Appropriations Act (GAA). He “unduly modified” and expanded the meaning of “savings” under the GAA when he issues National Budget Circular (NBC) No. 541 on July 18, 2012 to carry out the implementation of DAP, said the Ombudsman. Modification of the definition of “savings” is a “power reserved only to Congress.”
Not Guilty of Graft?
The technical malversation and graft complaints against Aquino, Abad, and Relampagos have are dismissed. Ombudsman explains that “they cannot be indicted for technical malversation because they allegedly did not “apply” public funds to other purposes.”
Abad is ex-Pnoy’s Saviour
In a Memorandum dated October 12, 2011, Abad sought Aquino’s approval to implement DAP to fast-track public spending and push economic growth by prioritizing high-impact budgetary programs and projects. This is to be augmented out of the savings generated during the year and additional revenue sources. Aquino approved the program on the same date which is a clear connivance but no ruling can be applicable to that.