What Went Before: DAP clarified

On Feb. 3, the Supreme Court, voting 13-0, largely upheld its original ruling striking down as unconstitutional practices under the Aquino administration’s Disbursement Acceleration Program (DAP), among others, the unauthorized juggling of government savings to fund projects and budget realignments.

The high court revised only one part: That the augmentation of funds for specific projects may be allowed as long as they have appropriation cover under the General Appropriations Act.

Clarifying its previous ruling on July 1 last year, the court said that only “authors” of the program, and not “proponents and implementors,” may be held liable in case legal action is brought against them.

The court said the ruling did not mean the invalidation of the 116 DAP projects discussed in the earlier decision.

In a separate opinion, Associate Justice Antonio Carpio said that the President and the national budget office were unanswerable for the largely unconstitutional DAP.

“As authors of the constitutional act, they have to answer for such act,” Carpio said.

Little was known of the DAP until Sen. Jinggoy Estrada, in a privilege speech in September 2013, said that after the conviction in May 2012 of Chief Justice Renato Corona, 20 senators received at least P50 million in additional lump-sum allocations under their Priority Development Assistance Fund (PDAF), or the congressional pork barrel.

Estrada suggested that the bonuses were an “incentive” for the senators’ vote ousting Corona for dishonesty in his statement of assets, liabilities and net worth.

Budget Secretary Florencio Abad later confirmed the release of P1.107 billion to 20 senators but pointed out that the funds came from the DAP, a stimulus program of the government.

The DAP is a mechanism designed by the Aquino administration in 2011 ostensibly to accelerate spending on projects and boost the country’s 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.—Inquirer Research

Sources: Inquirer Archives