SC approves guidelines for DAP arguments

MANILA, Philippines - The Supreme Court approved yesterday a set of guidelines for oral arguments on petitions contesting the legality of the Disbursement Acceleration Program (DAP).

The SC prepared the guidelines after a preliminary conference with counsels of petitioners and respondents who are set to meet again on Nov. 11 for the start of oral arguments. The High Tribunal did not release copies of the guidelines to reporters.

Also yesterday, the SC gave concerned executive and legislative officials until Nov. 7 to answer the seventh petition against DAP filed by religious sects last week.

Yeshua Change Agents, Bible Mode and Capitol Christian Leaders led by former Manila councilor Greco Belgica filed the latest petition against DAP. The two-page order was issued on orders from acting Chief Justice Presbitero Velasco Jr. and released while the SC was on recess. The new petition has been consolidated with the six earlier petitions filed by former Iloilo Rep. Augusto Syjuco, lawyers Jose Malvar Villegas Jr. and Manuelito Luna, Philippine Constitution Association (Philconsa), Integrated Bar of the Philippines (IBP) and the Bayan Muna, Kabataan and Gabriela party-list groups.

The justices and the parties in the case against DAP have set six major issues to be debated on by both sides, according to SC public information office. However, the list of the issues – classified into procedural and substantive – was not immediately released.

Petitioners have alleged that the discretionary fund of the President violates the exclusive power of Congress to appropriate funds. They said the use of the DAP violated Article VI Section 29 (1) of the Constitution, which requires that “no money shall be paid out of the Treasury except in pursuance of an appropriation made by law.”

They also argued that the constitution prohibits transfer of funds from one branch of government to another without necessary law as stipulated in Article VI Section 25 of the Constitution.

Article XXV Section 24, on the other hand, gives Congress exclusive “power of the purse.” Critics of DAP have also branded it as pork barrel fund in disguise. The congressional pork barrel is officially called Priority Development Assistance Fund.

A group of retired generals, meanwhile, has issued a statement calling for the abolition of DAP and PDAF. The generals, who called their group Philippine Military Academy (PMA) Alumni Advocacy Group, said the current issues involving public funds are “a result of a systems failure in governance, exacerbated by a breach of ethical standards by some public officials.”

“National progress and the upliftment of the quality of life of the Filipino, especially the less fortunate in the society, can be better achieved if public funds are properly used,” a manifesto prepared by the group read.

The former generals listed as signatories of the manifesto were Rosalino Alquiza (PMA class ’55), Rafael Enriquez, (class ’57), Plaridel Abaya (class ’59) Galileo Kintanar (class ’60), Reynaldo Reyes (class ’64), Fredelino Bautista (class ’66), Manuel Espejo (class ’66), Mariano Santiago (class ’67), Victor Abat (class ’77), Ramon Farolan (class ’56), Alfredo Adriano Jr. (class ’58), Carlos Agustin (class ’59), Rene Ebro (class ’63), Jose Solquillo (class ’65), Guillermo Cunanan (class ’66), Raul Urgello (class ’66) and Alejandro Flores Jr. (class ’72). However, the manifesto contained only the signatures of Alquiza, Bautista, Ebro and Solquillo.

Sought for comment, Armed Forces public affairs chief Lt. Col. Ramon Zagala said the retired generals have the right to express their views on various issues. “This is a manifesto by retired officers and there is freedom of speech. They can say whatever they want and we respect that,” Zagala said. – Mayen Jaymalin,  Alexis Romero, Marvin Sy