Sereno: No judicial overreach in DAP

MANILA, Philippines - Chief Justice Ma. Lourdes Sereno rejected yesterday President Aquino’s allegations that the Supreme Court (SC) crossed its bounds when it struck down the Disbursement Acceleration Program (DAP) last July.

Speaking before the Foreign Correspondents Association of the Philippines (FOCAP) at the Marco Polo Hotel in Pasig, Sereno said no “judicial overreach” occurred when the ruling was made.

“As far as the DAP case is concerned, I voted with the majority and so I agreed that the court should have acted on the case,” she said.

Sereno said she would have been the first justice to object if the SC ruling was beyond its jurisdiction.

“The Court is still keeping within the bounds of its powers under the Constitution,” she said.

Sereno refused to further discuss the DAP issue since the SC has yet to resolve Malacañang’s appeal.

She begged off when asked to comment on Aquino’s call for Congress to amend constitutional provisions empowering the judiciary to review acts of the two other co-equal branches of government.

Sereno said the issue involving amendment of the Constitution is a political question outside the realm of the judiciary.

In a 92-page decision, the SC unanimously ruled that acts and practices under the DAP violated the doctrine of separation of powers and the constitutional provision prohibiting inter-branch transfer of appropriations.

The SC struck down the withdrawal of unobligated allotments from implementing agencies and their use as savings prior to the end of fiscal year, cross-border transfers of savings of the executive to augment funds of agencies outside the department and funding of projects and programs not covered by the GAA.

It also voided the use of unprogrammed funds in the absence of a certification by the national treasurer that the revenue collections exceeded revenue targets for non-compliance with conditions in the GAA.

The SC made the same finding on National Budget Circular No. 541 and related executive issuances.

Under the same ruling, executive officials may be held liable for the DAP.

It said while recipients cannot be held liable for benefiting from programs, activities and projects under the DAP in good faith, the executive branch cannot be instantly cleared of culpability.

The SC cited the doctrine of operative fact, which recognizes the validity of the assailed law or action prior to the determination of its unconstitutionality as an operative fact that produced consequences that cannot always be erased, ignored or disregarded.

The SC handed down the ruling upon petitions of the party-list groups, former Manila councilor Greco Belgica, former lawmaker Augusto Syjuco, lawyers Jose Malvar Villegas Jr. and Manuelito Luna; Philippine Constitution Association, Integrated Bar of the Philippines, Confederation for Unity, Recognition and Advancement of Government Employees and the Volunteers Against Crime and Corruption.