Palace to abide by high court ruling on DAP

President Aquino: Not above the law. Benhur Arcayan/ Malacañang Photo Bureau

MANILA, Philippines–After all is said and done, Malacañang will abide by the Supreme Court decision declaring the Disbursement Acceleration Program (DAP) as unconstitutional.

That’s the assurance the Palace made on Thursday, even if President Aquino himself had heavily criticized the magistrates, who were unanimous in junking his so-called economic stimulus program.

“Of course,” Communications Secretary Herminio Coloma replied in a press briefing, saying also that the President was not above the law. “He is not.”

“We are a government of laws and not of men. Of course, we will accept the decision like we accepted the other decisions [of the Supreme Court] under this administration,” he added.

Coloma said the executive branch might file a motion for reconsideration today, a day before the end of the 15-day period provided by law for its submission.

The President alarmed both critics and constitutionalists after he rejected the high court’s 13-0 ruling against the DAP, the brainchild of Budget Secretary Florencio Abad.

At the Daylight Dialogue on Tuesday, he said he found it “difficult to accept their decision when I know that we are right and, more importantly, that doing nothing means depriving so many Filipinos of opportunities to grow and prosper.”

Downplaying defiance

Coloma sought to downplay Aquino’s defiance as well as the President’s threat of a “collision” between the executive branch and the judiciary over the decision.

“There may be interpretations on how they may have viewed the President’s demeanor. There are those who are saying that he seemed defiant or arrogant. But to us, there was neither defiance nor arrogance, just compliance with judicial due process,” Coloma said.

In separate speeches last Monday and Tuesday, the President said a clash with the Supreme Court might require the “intervention” of the legislature, which he apparently controls.

Asked how the Palace would want the matter resolved, Coloma said: “That’s why our government is seeking reconsideration because it considers the welfare of Juan de la Cruz, that a decision such as the one on the DAP might keep the executive branch from executing and implementing projects.”

Goods on magistrates

If the Supreme Court eventually rejects the motion, Coloma said the executive branch “will follow the decision.” He said the 13-0 ruling against the DAP would have “no material consideration” in the motion.

In his televised address on Monday, the President indicated that he also had the goods on the magistrates. “There was something that you did in the past, which you tried to do again, and there are those who are saying that this is worse,” he said without elaborating.

In its 2012 Annual Audit Report of the Supreme Court released last week, the Commission on Audit questioned why the magistrates declared a total of P3.2 billion in savings even if it had standing obligations during that period.

Aquino’s allies in the House of Representatives also threatened this week to scrutinize the Judiciary Development Fund, dubbed the high tribunal’s own pork barrel.

Coloma sought to distance the Palace from such a move, saying: “I don’t know of any participation by the executive regarding that matter.”

He said the executive had no intention to “resbak” (revenge) against the Supreme Court. “That is not in our vocabulary,” he said.

Read more...