Another petition asking SC to rule DAP unconstitutional filed
INQUIRER FILE PHOTO
MANILA, Philippines — The list of petitions filed in the Supreme Court against the Disbursement Acceleration Program (DAP) continues to grow, with groups of government employees asking the high court on Monday to declare the program unconstitutional.
The 8th petition was filed by members of the Confederation for Unity, Recognition and Advancement of Government Employees (Courage), Consolidated Union of Employees National Housing Authority (CUE-NHA), Social Welfare Employees Association of the Philippines, Department of Social Welfare and Development Central Office (SWEAP-DSWD CO), Department of Agrarian Reform Employees Association (DAREA), Environment Management Bureau Employees Union (EMBEU) and Kagalingan ng mga Kawani ng MMDA (KKK-MMDA).
Echoing the stand of seven other petitioners, they said the Department of Budget and Management-National Budget Circular 541, which created the DAP, violated the Constitution which requires that all appropriations law should come from Congress.
In the case of the DAP, the petitioners said it originated from the Executive branch, adding that it also violated the equal protection clause of the Constitution in distributing funds to members of the Senate.
Records show that Senators Antonio Trillanes IV, Manuel Villar, Ramon Revilla Jr., Loren Legarda, Manuel “Lito” Lapid, Jose “Jinggoy” Estrada, Alan Peter Cayetano, Edgardo Angara and Sergio Osmena III each received P50 million in 2012; former Senate President Juan Ponce Enrile P92 million; Franklin Drilon P100 million; Francis Pangilinan P30 million; Ralph Recto P23 million in October and P27 million in December; Koko Pimentel P25.5 million in October, P5 million in November and P15 million in December; Vicente Sotto III P11 million in October and P39 million in December; and Teofisto Guingona P35 million in October and P9 million in December.
However, no releases were made in 2012 to Senators Panfilo Lacson, Joker Arroyo, Pia Cayetano, Ferdinand “Bongbong” Marcos and Miriam Defensor-Santiago.
“As to why the senators were treated differently with regards to the amount of the DAP that they received with some receiving this much and some receiving nothing at all, respondents failed to give a credible explanation,” petitioners said.
A total of P142.23 billion has been spent during the current year under the DAP.
Respondents to the case include President Benigno Aquino III, Executive Secretary Paquito Ochoa Jr. and Budget Secretary Florencio Abad.
Others who filed separate petitions against the DAP were former Iloilo Representative Augusto Syjuco; the Philippine Constitution Association (PHILCONSA) represented by Froilan Bacungan, Benjamin Diokno and former Bureau of Treasury chief Leonor Briones; the Integrated Bar of the Philippines; the Makabayan group; Atty. Jose Malvar Villegas; and former Manila Councilor Greco Belgica.
The DAP is a mechanism through which the President can authorize the budget department to realign public funds.
