SC fails to issue ruling on TRO vs DAP

MANILA, Philippines - The Supreme Court failed to make a ruling Friday on the petition seeking the issuance of a temporary restraining order (TRO) on the controversial Disbursement Acceleration Program (DAP) fund.

In a special en banc session, the justices decided to defer the voting and scheduled the oral arguments for the petition on November 11 at 10 a.m.

Meanwhile, the oral arguments on the DAP's legality will be held on November 19.

Former Iloilo Rep. Augusto Syjuco Jr. asked the high court to issue a TRO enjoining the Department of Budget and Management (DBM) from touching the DAP, specifically for purposes of aiding victims of the earthquake that struck Central Visayas last week.

“Constitutional doctrines must remain steadfast no matter what may be the tides of time. It cannot be simply made to sway and accommodate the call of situations and much more tailor itself to the whims and caprices of government and the people who run it,” he argued.

Syjuco is among the five petitioners who earlier questioned the constitutionality of DAP before the high court.

He filed the motion after Budget Secretary Florencio Abad announced that the government intends to use DAP in helping victims of the earthquake, supposedly because the calamity and contingency funds are almost depleted.

Syjuco said the DBM website reveals a remaining P6.95 billion in calamity funds, rebutting Abad’s claim.

In the same pleading, the former lawmaker reiterated that DAP is illegal due to lack of law duly passed by Congress authorizing its appropriation and release.

The five other petitions were filed by lawyers Jose Malvar Villegas Jr. and Manuelito Luna, Philippine Constitution Association (Philconsa), Integrated Bar of the Philippines (IBP) and the Bayan Muna, Kabataan and Gabriela party-list groups.

Petitioners argued that the Constitution prohibits transfer of funds between branches of government without an enabling law.