Palace raises Aquino immunity amid Ombudsman DAP probe

President Benigno Aquino III. FILE PHOTO

Malacanñang has issued a terse reaction after Ombudsman Conchita Carpio-Morales said Tuesday that her office is investigating the involvement of President Benigno Aquino III and Budget Secretary Florencio Abad on the implementation of the partly-unconstitutional Disbursement Acceleration Program (DAP).

READ: Ombudsman: Aquino, Abad under probe over DAP

In a statement, Communications Secretary Herminio “Sonny” Coloma Jr. said that Aquino is immune from suit as long as he is the sitting president of the country.

“We wish to point out the Constitutional principle that an incumbent President of the Philippines is immune from suit,” Coloma said.

He added that it is within the powers of the Office of the Ombudsman to investigate the involvement of Aquino and Abad on the DAP.

“The Office of the Ombudsman is empowered by law to conduct such investigation,” he said.

Appearing before the Committee on Appropriations in the House of Representatives on Tuesday, Carpio-Morales said that the investigation on Aquino and Abad were done motu propio.

She said that the investigation on Aquino and Abad is conducted simultaneously with the evaluation of the fact-finding report submitted by its investigators on the said case.

Once the investigation report is approved, the Ombudsman said that a preliminary investigation will be conducted next.

The Supreme Court unanimously struck down unconstitutional provisions of DAP in 2014.

In their separate opinions, Associate Justices Antonio Carpio and Arturo Brion said that Aquino and Abad should be held liable for approving and implementing DAP, which was described as an economic stimulus program.

Both associate justices said that Aquino and Abad cannot invoke the doctrine of operative fact as it only applies to those who relied in good faith and had no direct participation on the illegal act. Aries Joseph Hegina/IDL

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