Gov’t lawyers told to answer plea against DAP
INQUIRER FILE PHOTO
MANILA, Philippines – The Supreme Court ordered government lawyers to answer the petition filed by former Manila Councilor Greco Belgica and two others questioning the legality of the controversial Disbursement Acceleration Program (DAP).
“You, respondents are hereby required to comment on the instant petition on or before Nov. 7, 2013,” the high court said in its resolution.
Respondents to the petition include President Benigno Aquino III, Senate President Franklin Drilon, Speaker Feliciano Belmonte Jr., Executive Secretary Paquito Ochoa Jr., Budget Secretary Florencio Abad and Bureau of Treasury Rosalia De Leon.
Belgica, together with Bishop Reuben Abante (Bible Mode) and Rev. Jojo Gonzales (Capitol Christian Leaders), questioned the legality of the DAP and the Department of Budget and Management-National Budget Circular 541, particularly its portion allowing the use of the DAP funds “to fund priority programs and projects not considered in the 2012 budget but expected to be started or implemented during the current year.”
“Such directive is clearly a usurpation of the power of the legislature to appropriate government funds. Such power did not originate from the House or Representatives nor did it pass the legislative process under the Constitution,” read the petition.
The petitioners said the use of the DAP violated Section 29 (1), Article VI of the Constitution, which requires that: “No money shall be paid out of the Treasury except in pursuance of an appropriation made by law.”
“In this case, NBC 541 even contemplates – even as it acknowledges – the use of DAP funds for programs or projects not in the current budget but only contemplated by the executive to be implemented or started within 2012 notwithstanding the absence of an appropriation therefore,” the petition read.
There are already seven petitions filed with the high court questioning DAP’s constitutionality and seeking its nullification.
An oral argument will be conducted on Nov. 11 at 10 a.m.
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