DAP probe OK, but President had final say–Abad

Budget Secretary Florencio Abad is fine with the fact that only budget department officials, and not President Aquino, had been placed under preliminary investigation by the Office of the Ombudsman over the Disbursement Acceleration Program (DAP).

He said Aquino could not be made to undergo an investigation because he needed to be free from distractions to do his job.

“For me that’s fine because, you know, the President has to be busy doing what he has to be doing as President. I would want him not to have any distractions,” Abad said.

But he reiterated to reporters that although he signed the endorsements for the fund releases under the DAP, it was the President who had final approval.

The Ombudsman earlier announced that Abad and Budget Undersecretary Mario Relampagos would undergo preliminary investigation for technical malversation and administrative charges stemming from the allegedly irregular release of nearly P400 million in funds through the DAP.

It said that it was Abad who had prepared and signed the memorandums and issuances concerning the DAP, while Relampagos signed the corresponding special allotment release orders.

Abad also said on Thursday that he did not see as a liability the Supreme Court ruling invalidating certain acts under the DAP as unconstitutional.

He pointed out that the high court ruling also stated that the acts were presumed to have been done in good faith and with regularity, since the acts were not unconstitutional before the tribunal handed down the ruling. The doctrine of operative fact applies, he said.–Leila B. Salaverria