What Went Before: 2014 SC ruling on DAP

On July 1, 2014, the Supreme Court issued a ruling striking down President Aquino’s Disbursement Acceleration Program (DAP) as unconstitutional.

In a unanimous decision, the high court said the DAP violated constitutional provisions that bar the cross-border transfer of savings to agencies outside the executive branch and to projects outside the approved national budget.

The tribunal also found that Aquino had usurped Congress’ exclusive power of the purse and that Budget Secretary Florencio Abad may have knowingly circumvented the appropriations rules in crafting and enforcing the program, for which Malacañang officials could be held criminally accountable.

Tension between Malacañang and the judiciary heightened after the court ruling. Aquino at one point threatened to amend the Constitution to keep the high court’s powers in check.

Malacañang appealed the ruling on July 18, contending good faith in enforcing the DAP.

Ostensibly designed to accelerate spending to boost economic growth, the program was conceptualized in September 2011 and was approved by Aquino the following month upon the recommendation of the Development Budget Coordination Committee and the Cabinet clusters.

Little was known of the DAP, until Sen. Jinggoy Estrada, in a September 2013 privilege speech, said that senators who voted to convict Chief Justice Renato Corona received as “incentive” at least P50 million in additional pork barrel funds.

Abad later confirmed the release of P1.107 billion to 20 senators but pointed out that the funds came from the DAP, sparking denunciations of the program amid an alleged P10-billion scandal involving the channeling of the congressional Priority Development Assistance Fund (PDAF) to ghost projects and kickbacks.

The high court has also ruled that the PDAF, or pork barrel, is unconstitutional.–Inquirer Research

Sources: Inquirer Archives