DAP probe vs Noy, Abad ‘just drama’ – Binay

MANILA, Philippines - Vice President Jejomar Binay yesterday scoffed at reports that Ombudsman Conchita Carpio-Morales is investigating President Aquino and Budget Secretary Florencio Abad in connection with the controversial Disbursement Acceleration Program (DAP).

“Drama. Nothing will happen there. If that is true, they (Aquino and Abad) should be suspended already,” Binay said in an interview after joining residents of Barangay Salvacion in La Loma, Quezon City in a boodle fight in Amoranto Park.

Binay also said he believes the investigation is meant to exhaust the issue so the public will forget about it in 2016.

In February, the Supreme Court (SC) ruled that DAP violated Article VI Section 25 (5) of the 1987 Constitution and the doctrine of separation of powers of the executive and legislative branches.

Morales announced on Tuesday that her office is investigating the possible culpability of the President and Abad in their implementation of the DAP.

But Justice Secretary Leila de Lima said yesterday the Office of the Ombudsman cannot conduct preliminary investigation against the President because the immunity from suit accorded to him while in office covers the conduct of preliminary investigation.

She explained that the Office of the Ombudsman could only conduct fact-finding investigation on the charges filed against the President as part of its “ministerial function.”

A fact-finding investigation involves data gathering, a case buildup to determine if there is a need to subject a person to preliminary investigation.

Preliminary investigation, on the other hand, refers to an inquiry to determine if there is sufficient ground to file a case in court.

“A complaint is filed so the ombudsman has no option under the law but to conduct the fact-finding investigation. This is just the same with a complaint filed with the Department of Justice. It has no option but to conduct an investigation therein,” De Lima said in a statement.

“The President can be subject of an investigation by the ombudsman. However, this only goes so far as the fact-finding stage because he cannot be subject to preliminary investigation without violating his immunity,” she pointed out.

But Binay said despite Aquino’s immunity from suit, he could still be subject to investigation by the ombudsman. 

Binay said should he get elected president next year, he will push for the investigation on DAP and the government officials involved.

“If there are evidence, why not? The people who committed wrongdoings under this administration, especially Mr. Abad, should be held accountable. It’s not good to enforce selective justice. If there are evidence, they should be charged,” he said.

As for Aquino, Binay said he would leave it to the Department of Justice to determine whether or not the President could be charged.

Lawmakers, meanwhile, said Morales should not waver in her investigation.

“We are wary that this investigation is a new subterfuge aimed at deodorizing Aquino, Abad and all other Liberal Party stalwarts ahead of the elections. We urge the ombudsman to act judiciously, and not bow to the pressure and machinations of the current administration,” Kabataan party-list Rep. Terry Ridon said.

He said the ombudsman has enough reason to find Aquino and Abad liable for several charges, including malversation and plunder.

Leyte Rep. Ferdinand Martin Romualdez, leader of the independent bloc of the House of Representatives and the Philippine Constitution Association, one of the groups that questioned the constitutionality of DAP before the SC, said he was hoping that Morales would remain independent and perform her mandate without fear or favor.

“The ombudsman must proceed with full authority here because this is a very important issue that warrants clarity in the name of transparency and accountability,” he said.

For Cavite Rep. Elpidio Barzaga Jr., the probe against Aquino and Abad shows there is no selective justice under the administration. – With Edu Punay, Paolo Romero