Case Filed Against Aquino and Abad over DAP

Cause-oriented groups filed today a malversation case against the former President Benigno Simeon Aquino III and former Department of Budget and Management (DBM) Secretary Florencio “Butch” Abad over the approval and implementation of the Disbursement Acceleration Program (DAP).

The Disbursement Acceleration Program (DAP) was launched in 2011 by the Department of Budget and Management (DBM) through National Budget Circular No. 541, to “accelerate spending and sustain the fiscal targets during the year.” The following is a quote from the Rationale section of the National Budget Circular No. 541 dated, July 18, 2012, titled, “Adoption of Operational Efficiency Measure - Withdrawal of Agencies’ Unobligated Allotments as of June 30, 2012” which partially states:

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“In the event that a measure is necessary to further improve the operational efficiency of the government, the President is authorized to suspend or stop further use of funds alloted for any agency or expenditure authorized in the General Appropriations Act. Withdrawal and pooling of unutilized allotment releases can be effected by DBM based on authority of the President, as mandated under Section 38 and 39, Chapter 5, Book VI of EO 292.”

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“In line with this, the President, per directive dated June 27, 2012 authorized the withdrawal of unobligated allotments of agencies with low levels of obligations as of June 30, 2012, both for continuing and current allotments. This measure will allow the maximum utilization of available allotments to fund and undertake other priority expenditures of the national government.”

In 2015, the Supreme Court affirmed that the DAP violates Article VI, Section 25, paragraph 5 of the 1987 Philippine Constitution, which provides:

“No law shall be passed authorizing any transfer of appropriations; however, the President, the President of the Senate, the Speaker of the House of Representatives, the Chief Justice of the Supreme Court, and the heads of Constitutional Commissions may, by law, be authorized to augment any item in the general appropriations law for their respective offices from savings in other items of their respective appropriation.”

Bayan Muna Partylist Representative Carlos Zarate said, “Aside from technical malversation, ex-President Aquino and former Secretary Abad are also being charged with usurpation of legislative powers as well as graft and corruption.”

BAYAN secretary general Renato Reyes said the allegations were originally from the impeachment complaint against Aquino that was filed in 2014 before the House of Representatives wherein the complainants were not given the chance to present evidence. He added, “It is only now that Aquino is no longer in power that we are able to revive our push for accountability.”

The complaintants are Bayan Muna Partylist Rep. Carlos Isagani Zarate, Bagong Alyansang Makabayan (BAYAN) Secretary General Renato M. Reyes, Jr., Alliance of Concerned Teachers (ACT) National Chairperson Benjamin Valbuena, Confederation For Unity, Recognition and Advancement of Government Employees (COURAGE) President Ferdinand Gaite, Volunteers Against Crime and Corruption (VACC) Founding Chairman/President Dante LA. Jimenez, Mae P. Paner of the Juana Change Movement, Kilusang Magbubukid ng Philipinas (KMP) Secretary General Antonio Flores, GABRIELA Secretary General Joan Mae Salvador, Kalipunan ng Damayang Mahihirap (KADAMAY) National Chairperson Gloria G. Arellano and Philippine Heart Center Employees Association-Alliance of Health Workers President Bonifacio S. Carmona, Jr. ●

Bayan website download link (PDF, 248kB) of a copy of the complaint affidavit filed at the Offce of the Ombudsman.