Abad: Noy approved DAP

MANILA, Philippines - A day after the Office of the Ombudsman announced an investigation on the liability of Malacañang officials over the Disbursement Acceleration Program (DAP), Budget Secretary Florencio Abad disclosed yesterday that President Aquino approved and signed the release of funds for the controversial program.

“We endorse to the President and the President has final approval... I sign the endorsements and the approval, (it) is approved by the President. Of course, all the projects are approved by the President,” Abad said.

Abad’s statement came as the ombudsman spared the President from any liability, noting that the complaint does not constitute an impeachable offense.

Malacañang, meanwhile, said yesterday there was no need for Abad or his undersecretary Mario Relampagos to go on leave while undergoing preliminary investigation over the DAP case.

Interviewed at the Senate after a budget hearing, Abad defended the decision to juggle funds from various departments and put them under one item dubbed as the DAP.

He said he and other officials made the decision in good faith.

“That’s the finding of the ombudsman so that’s it and I think, for me, that’s fine because you know the President has to be busy doing what he has to be doing… so I would want him not to have any distraction,” he explained.

Asked if he takes responsibility for the DAP misuse, Abad said he is ready to defend himself over possible charges of technical malversation of public funds at the ombudsman.

“We will respond to the report of the field investigation unit. And I think you know this is not the first time that this issue is taken up,” he said.

“The SC has already decided twice on this. The initial decision and then the decision coming after our motion for reconsideration. That’s why I said in our press statement that we welcome this investigation so that once and for all we can clarify all the other issues that may still be out there insofar as the DAP is concerned,” Abad said.

When asked if the SC ruling that some parts of DAP are construed as unconstitutional can be used against them before the ombudsman, Abad maintained “good faith” and “regularity” in doing his functions as budget secretary and alter ego of the President.

“Hindi naman kasi the SC also said that these certain acts were not unconstitutional before and were just made unconstitutional because of its decision, then the doctrine of operative fact applies, which means in the interest of equity and fairness,” those acts should be presumed to have been done in good faith and with regularity.

He said his office is preparing to submit response to the ombudsman once they receive a copy of the complaint of the field investigation unit. 

“We submit our response, our counter affidavit and once that is submitted, then the ombudsman has to determine whether there is basis for filing a complaint or what they call probable cause,” Abad said.

Abad also denied reports that the DAP controversy caused a shouting match between him and the President during a recent meeting in Malacañang. 

He admitted he met with the President about the issue but there was no shouting match.

“Yes, but there is certainly no shouting match at all. You cannot shout at the President. I’m just the secretary of DBM, an alter ego of the President so we give full respect to the President and he’s always correct,” Abad said.

 Leave of absence

Abad and his Undersecretary Mario Relampagos do not have to take a leave of absence while the ombudsman is investigating them on charges of technical malversation and other offenses in connection with the DAP, a Palace spokesman reiterated yesterday.

Presidential Communications Operations Office Secretary Herminio Coloma Jr. said the law does not require officials to go on leave of absence because the case is still in preliminary investigation.

He issued the statement following revelations by Ombudsman Conchita Carpio-Morales that President Aquino has been cleared by graft investigators on the use of the invalidated DAP, but not Abad and Relampagos.

Morales said a preliminary investigation is underway to determine their criminal liability.

Malacañang officials, including Abad, welcomed the ombudsman’s investigation.

“The conduct of preliminary investigation provides an opportunity to clarify the legal issues on the DAP, considering that upon the government’s motion for reconsideration, the Supreme Court upheld the principle of operative fact,” Coloma said.

“We affirm our position that the government acted in the public interest,” he added.  

“The preliminary investigation on DAP is a welcome move from the Office of the Ombudsman,” a portion of a statement from the Department of Budget and Management read.

“The DBM will of course cooperate with the Office of the Ombudsman in the course of their investigation. We look forward as well to the inquiry’s swift and fair conclusion,” Abad promised.

The statement, which Abad’s office sent to reporters, said the investigation will “enable the parties to present their views on all remaining issues involving DAP.”

“We likewise trust that the ombudsman will conduct the investigation with the soundest judgment.”

Abad also clarified that the investigation does not mean they are guilty as charged.

“First, technical malversation does not suggest that the individuals in question committed acts of graft or corruption. Nor does the investigation imply that these individuals used public funds for their personal gain or benefit,” he explained.

Abad also tried to parry speculations they manipulated DAP funds, which they did not.

“Certainly, the inquiry is not a matter of whether individuals have stolen from public coffers,” he said.

“The inquiry involves the application of excess or unutilized public funds to existing priority government projects and programs that require additional funding,” the former Batanes congressman explained further.

Sen. Nancy Binay, however, is not impressed with the move of the Office of the Ombudsman to conduct the preliminary investigation against Abad and Relampagos.

“I hope this is not just another PR (public relations) showcase to make it appear that the ombudsman is not being selective. I have doubts if the ombudsman will pursue the case and have Abad et al suspended. It seems like everything is just for show,” she said.

Members of the ombudsman’s FIO said both Abad and Relampagos should be held liable for their administrative offenses in relation to their role in the utilization of DAP funds amounting to P31.9 billion from 2011 to 2012. They are also being held liable for technical malversation of public funds.

President Aquino was not indicted by the ombudsman because none of the charges constitute impeachable offense, the Office of the Ombudsman said. – With Delon Porcalla