Ombudsman asks DBM for docs to back reversal of Aquino acquittal in DAP case
Ombudsman Conchita Carpio-Morales (File photo from TRISTAN TAMAYO / Philippine Daily Inquirer)
Ombudsman Conchita Carpio-Morales said on Tuesday her investigators had written to Budget Secretary Benjamin Diokno and requested for more documents that could merit the reversal of its earlier resolution absolving former President Benigno Aquino III of liability in the release of funds under the Development Acceleration Program (DAP).
In a news conference, Morales said the Field Investigation Office (FIO) under the Office of the Ombudsman wrote to the Department of Budget and Management (DBM) on Tuesday to request for documents that would have a “bearing” on the appeals filed questioning the Ombudsman’s dismissal of graft, technical malversation and usurpation of powers charges against Aquino.
READ: Morales insists: No proof Aquino liable for DAP
“In light of the statement of Mr. Diokno that they have unearthed documents that probably has a bearing on the DAP, the Field Investigation Office today sent a letter to Mr. Diokno to furnish us any document which it believes has a bearing with the DAP,” Morales said.
Morales said, however, that it would be “inaccurate” to say the Office of the Ombudsman did not request for documents from the DBM in its investigation.
“Although the FIO people believe they have exhausted passing upon documents sourced from the DBM, but since Mr. Diokno says that we are not asking for the documents, and that is inaccurate, because the FIO said they have asked the documents,” Morales said.
Morales made the statement in response to Diokno’s statement at a news conference that heads should roll – even that of Aquino’s – in the DAP issue, which Diokno deemed unconstitutional because the fund was treated like a “budget within the budget.”
Diokno slammed the Aquino administration’s selective justice in prosecuting lawmakers over the pork barrel scam but sparing allies who benefitted from the DAP, which was a system of realigning government savings.
Diokno said the DBM would be willing to furnish any government agency with its documents to boost its investigation on the DAP controversy.
President Rodrigo Duterte earlier slammed Aquino and the latter’s budget secretary, Florencio “Butch” Abad, over the DAP despite the Supreme Court ruling of its unconstitutionality.
“These are multibillion (projects) and nobody goes to jail? That’s incredible,” Diokno said. “I think somebody should go to jail for DAP. So we have not seen the end of this.”
The DAP was a system of realigning savings to other agencies in a bid to stimulate the economy. It was perceived as President Aquino’s pork barrel fund. The Supreme Court declared some practices under DAP as unconstitutional.
Morales acquitted Aquino and Abad of technical malversation because they were mere “policy makers” and not “accountable public officers” in connection with the DAP.
She dismissed the graft complaint against Aquino and Abad after finding no evident bad faith or gross inexcusable negligence because the DAP was “motivated by a good purpose to spur economic growth and boost the national economy.”
Morales added that there was no bad faith on the part of Aquino because when the latter was senator he filed a bill seeking to limit executive influence on the General Appropriations Act and that Aquino knew beforehand that “acts of tinkering with the annual GAA and fiscal dictatorship are contrary to the Constitution.”
She acquitted Aquino of usurpation of powers without giving an explanation. But she found probable cause to charge Abad of usurping the powers of the purse of Congress in realigning the country’s savings under DAP. /atm
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