‘Noy can still be held liable for DAP after his term’

MANILA, Philippines - Sen. Aquilino Pimentel III, chairman of the Senate committee on justice and human rights, said that President Aquino could still face charges regarding the implementation of the Disbursement Acceleration Program (DAP) after his term ends next year. 

While the ombudsman’s preliminary investigation has excluded the President, Pimentel said the anti-graft investigating body could still expand its probe, depending on the testimony or affidavit of Budget Secretary Florencio Abad.

Pimentel, who is also a lawyer, added that the bulk of evidence may depend on the documents in the implementation of the DAP.

“When Aquino is no longer President, he could then be investigated. Even private complainants could file before the ombudsman. The evidence will be the same, its paper trail,” Pimentel said.

On Abad’s statement that President Aquino approved and signed documents pertaining to the use of DAP funds, Pimentel said the ombudsman’s investigating unit can still look at the budget secretary’s counter-affidavit and determine the possible culpability of the President.

“After the preliminary determination, once those who signed the documents are determined, then the ombudsman can decide on whether the investigation can be limited or not,” Pimentel said.

Abad should not escape prosecution for implementing the DAP, parts of which the Supreme Court had struck down as unconstitutional, lawmakers said yesterday.

Leyte Rep. Ferdinand Martin Romualdez, leader of the independent bloc, and Buhay party-list Rep. Lito Atienza said Abad cannot invoke “good faith” in implementing the DAP.

Atienza said the public will be keeping a close watch on developments on the case at the Office of Ombudsman, which earlier announced that it is investigating Abad and other officials in connection with the DAP.

The ombudsman, however, said it would not include President Aquino in its probe.

“A premeditated crime was committed so someone must be held accountable. He (Abad) knowingly violated the Constitution, which strictly mandates all disbursements must be authorized by Congress,” Atienza said.

“He committed malversation of the worst kind because he is the budget chief so he’s supposed to protect our funds, what he did was bantay-salakay (opportunistic),” he said.

“Saying he planned and implemented the DAP because of good intentions is hypocritical,” he added.

He said it was impossible that Abad did not know that the DAP, which he crafted, was unconstitutional and illegal, being a former congressman and a government official for a long time.

The lawmaker said Abad apparently searched for possible loopholes, gray areas and weaknesses of budget laws to justify the implementation of the DAP and “clothe it with legalities.”

Romualdez said the ombudsman’s investigation would give Abad a chance to defend himself.

Bayan Muna Rep. Carlos Zarate said not only Abad should be charged to the fullest extent of law but also other officials who helped implement the DAP.

Zarate also said while Aquino is immune from prosecution, he should be included in the investigation on the DAP issue.

“If Abad and company should be prosecuted for the highly anomalous, illegal and unconstitutional DAP, then President Aquino, all the more, should be investigated because his signatures are all over the DAP documents,” he said.

The civil society group Reform Philippines Coalition assailed the Field Investigation Office of the ombudsman for excluding President Aquino and just recommended the conduct of preliminary investigation on Abad and Relampagos.

RPC lead convenior and former Manila Councilor Greco Belgica, one of the petitioners in the Supreme Court cases on both PDAF and DAP, said the ombudsman report has raised questions rather than provide closure to the controversial DAP issue.– With Edu Punay, Paolo Romero