Ombudsman Conchita Carpio Morales on Wednesday, June 20, has indicted former president Benigno “Noynoy” Aquino III and former budget secretary Butch Abad over the P72-billion Disbursement Acceleration Program (DAP) controversy.
In a statement, the Office of the Ombudsman said Morales found probable cause to charge Aquino and Abad for “usurpation of legislative powers” under Article 239 of the Revised Penal Code for the unlawful issuance of National Budget Circular No. 541, which paved the way for the implementation of DAP.
“A re-evaluation of the case establishes that the individual actions of respondent Aquino and respondent-movant Abad showed a joint purpose and design to encroach on the powers of Congress by expanding the meaning of savings to fund programs, activities and projects under the DAP,” the Ombudsman said.
DAP allowed the release of P72-million worth of public funds through the withdrawal of “unobligated allotments of agencies with low levels of obligations as of June 30, 2012.”
“It is thus clear that respondent-movant Abad sought the approval of respondent Aquino on both the request for authority to pool savings to fund the DAP and the request for omnibus authority to pool savings/unutilized balances. In both instances, respondent Aquino knowingly gave his approval. His approval prompted the issuance of NBC 541 which directed the withdrawal of unobligated allotments and unreleased appropriations and their declaration as savings, which is contrary to law,” the resolution pointed out.
The decision of the Ombudsman also invalidates all motions for reconsideration filed against the charges.
In 2014, the Supreme Court declared some of the practices under DAP as unconstitutional.
