Why Aquino, Abad may not be charged over DAP

MANILA, Philippines — President Benigno Aquino III and his Budget Secretary Florencio "Butch" Abad may not face suit over the Disbursement Acceleration Program (DAP) after the Supreme Court declared it as unconstitutional.

Ranhilio Aquino, dean of the San Beda Graduate School of Law, said calls for Aquino's impeachment are unlikely to be heeded` as the court decision striking down DAP may not be used in criminal and administrative cases.

"Ang tanong ngayon: Puwede bang kasuhan ang Pangulo o hindi? 'Yung paggamit ng DAP, 'yung paglikom ng mga savings ng executive, at pag-transfer sa mga miyembro ng Kongreso, siguro hindi mo puwedeng kasuhan," Aquino said in an interview with dzMM on Wednesday.

Read: Supreme Court: Acts under DAP unconstitutional

The Supreme Court on Tuesday unanimously declared that DAP violated the constitutional doctrine of separation of powers as well as the prohibition of inter-branch transfer of allotted funds.

The jurist said that the president's detractors may not be able to argue that government intended the DAP for illegal purposes since the high court's ruling only came recently.

"Pero kung may nagawa na sa nakaraan, na 'yan ay nagawa in good faith, na wala kang alam na paglabag sa batas, hindi mo magagamit ang desisyon ng Korte Suprema na basehan upang mapapanagot mo sa hukuman, sa isang criminal case man o sa isang administrative case or civil case man, ang isang opisyal," he said.

Also read: Revisiting DAP: 3 senators got biggest from P1.1-B

He said that it may not have been clear to Aquino and Abad that DAP was against the law as it was only subjected to rigorous questioning and examination by magistrates to categorically declare it void.

The Aquino administration has also been accused of "bribing" senators for the impeachment trial of Chief Justice Corona in 2012. Denying the allegations, Abad had said that DAP was formulated to accelerate government spending and boost the economy.

For the law school head, however, perceived bribery, once proven, would give enough grounds for charges against the two officials.

"Alam [mo] mang labag sa Saligang Batas o hindi, maling-mali pa rin na gagamitin mo ang pera na galing sa kaban ng bayan at nang impluwensyahan ang paglalabas ng isang desisyon," Aquino said.

The attempt to influence members of Congress using public funds and not the wrongful creation of DAP was what could make Aquino and Abad criminally liable.

He said the possible case is likely to be heard only after Aquino's term as president has ended.

Senator Miriam Defensor Santiago, meanwhile, said that Aquino's impeachment can only be done in theory, not in practice.

"Let’s assume there is a circular for the sake of argument, and the president can be impeached, definitely yes in a theoretical way. But you know, impeachment is both a legal and political topic and you cannot separate one from the other," Santiago said in a press conference Wednesday.

Santiago said that there may not be enough votes in Congress to push through with the trial from the committee level to the plenary.

Aquino currently leads the ruling Liberal Party, members of which make up the majority of Congress. However, several lawmakers have voiced the call to hold Aquino liable for DAP.

"I [don’t] think it’s bound to pay off, but I will not blame them [for the] attempt, to test the water, and to float a trial balloon because it is a violation of the Constitution, as the Supreme Court has already said," Santiago said.