Aquino allies back gov’t plan to appeal SC ruling on DAP

By: Carla P. Gomez, Doris C. Bongcac - 10 years ago

Senator Teofisto Guingona III. INQUIRER.net FILE PHOTO

CEBU CITY, Philippines—The president may have become “dramatic” in his public pronouncements against the Supreme Court’s (SC) ruling on the DAP but his plan to file a motion for reconsideration (MR) to appeal the high court decision indicated that he would continue to adhere to the rule of law, said Senator Teofisto Guingona III.

Guingona said that filing an MR would also allow the high tribunal to “review the presumption of bad faith” which they used in their ruling.

Aquino appeared on television on Monday night to warn the Supreme Court of the dire effects of their “vague” ruling on the DAP.

The president said that he would not want to reach a point where in two branches of government would go head-to-head, needing the third branch to intervene.

Guingona, who was in Cebu City on Monday to address participants of the national convention of the Municipal Mayors League of the Philippines, lauded Aquino for addressing the Filipino people and explaining to them his policy on the DAP.

He said that talking to the people has always been one of the responsibilities of a president.

“Would you rather that he (Aquino) keep quiet? No. You’d rather hear from the leader of your country,” said Guingona.

Senator Guingona said that the high court decision did not really declare the DAP as unconstitutional.

“What was declared unconstitutional are the three acts: augmenting items that are not in the GAA, the use of savings and the use of the unprogrammed funds in the absence of certification from the treasurer,” he said.

However, he said, that while these acts have been declared as unconstitutional, “there is no criminal liability to it.”

Still, Guingona said, that in order to prevent future problems especially in the budgeting process, Senate and the House of Representatives would have to be more careful in approving the 2015 national budget and be mindful of the high tribunal decisions on the DAP and the PDAF as well.

“Even the chair of the Senate finance committee has said that we will make sure that the budget will conform to the Supreme Court decisions,” he said.

He rued the fact that the 2015 budget would no longer include appropriations for the DAP. But he said the country would still have a bigger budget next year to especially address the needs of the calamity affected areas.

“Sayang (What a missed opportunity), because I’m sure that the DAP has caused great economic progress in this country,” said Guingona.

Meanwhile, Guingona expressed confidence that impeachment plans against Aquino would not prosper.

“Impeachment is uncalled for. That is crying in the wind because I’m sure it will not happen. I for one would like to express my full support for the administration of Noynoy Aquino and all of his Cabinet members,” he said.

“We must remember that the impeachment is not a legal procedure. Impeachment is a political procedure and undoubtedly, marami ang na-benefit sa DAP na ito (many benefitted from the DAP),” he added.

In Bacolod City, Negros Occidental Gov. Alfredo Marañon Jr. said on Monday night he agreed that the DAP stimulated the economy. Aquino had a lot of surplus funds to use from savings on projects, unlike previous presidents, he pointed out.

The President did not steal the funds, a lot of people were helped, Marañon said.

Bacolod Rep. Evelio Leonardia said the move of the President to file a motion for reconsideration to the Supreme Court would be a good strategy.

“For all we know, the legal minds of the Palace might somehow come up with defenses that would justify the reversal of the SC decision,” he said.

“We’ll wait and see until the process is over,” Leonardia said.

But Fr. Felix Pasquin, rector of the San Sebastian Cathedral in Bacolod City, said the President set himself on a collision course with the high court. “He put the nation on a perilous path, this is the height of irresponsibility,” Pasquin said.

“As President, he should uphold and defend the Constitution. With the DAP, he violated the Constitution as ruled by the SC, and now it is very surprising that he is questioning the SC ruling,” Pasquin said. “The President wants the people to believe that it is on the savings or DAP that the country’s development depends. This is mental dishonesty,” Pasquin claimed.

“With his DAP, he defied the Constitution. With his RH Law, he defied the law of God. Judgment Day for him is imminent,” Pasquin said.

Frank Carbon, president of the Metro Bacolod Chamber of Commerce and Industry, welcomed President Aquino’s explaining the basis for DAP and committing to release more details on how DAP funds were spent.

Filing a motion for reconsideration would be a good move, he said. “President Aquino had the best intentions regarding the DAP while the Supreme Court is also duty-bound to uphold the law.

It is beyond most of us to know what is constitutional or not. The sooner the two branches of government can settle their differences, the sooner they can focus on more important concerns, particularly our preparations when full trade liberalization is implemented in 2015,” Enrique Rojas, president of the National Federation of Sugarcane Planters, said.