‘Abad still enjoys Noy’s trust’

MANILA, Philippines - Budget Secretary Florencio Abad still enjoys the trust and confidence of President Aquino amid calls for him to resign following a Supreme Court ruling declaring certain acts under the Disbursement Acceleration Program (DAP) unconstitutional, Malacañang said yesterday.

In a press briefing, presidential spokesman Edwin Lacierda said Abad or any other official need not resign despite the SC’s decision because the program “was meant to accelerate projects that would benefit the country.”

Lacierda said that what is unconstitutional may not necessarily be illegal.

“When you speak of unconstitutionality, it does not immediately equate to wrongdoing,” he said, stressing that Palace officials have yet to see the entire SC ruling.

Abad, meanwhile, promised to issue a statement on the issue “once I get the full text of the SC decision.”

Senate President Franklin Drilon, for his part, maintained that every centavo of the P100 million he received under DAP was properly accounted for.

Lacierda said that while the SC had issued countless rulings against the constitutionality of certain government initiatives especially during the Arroyo and Ramos administrations, they had not sparked calls for the resignation of officials.

Lacierda said the Reproductive Health law and the Truth Commission are just two examples of “unconstitutional” government initiatives under the present administration that are definitely not illegal.

Asked about delicadeza and punishment for wrongdoers, Lacierda said “our position is that we have used the funds for its intended purpose of accelerating projects – projects like building school buildings, providing Doppler radar – to the benefit of the Filipino people and we cannot step back and say we regret doing those things that benefited the people.”

“You seem to equate unconstitutionality with criminality. Those are two different things,” he said.

He added that the SC decision was very clear that only “certain acts” were unconstitutional.

“The question also again is: Did those transactions, while they were declared unconstitutional, equate to wrongdoing? That is why we want to see the full decision of the Supreme Court, and until such time, I cannot speak authoritatively on that matter,” Lacierda said.

“The Supreme Court clarified what we can and what we cannot do with savings. But, again, we cannot wait for the Supreme Court to tell us what to do first. We have to move, and then when it was questioned, that was the only time that the Supreme Court as the court of last resort came in,” Lacierda said.

“When you speak of criminal, you speak of specific acts, which the Criminal Code has deemed as criminal acts. There are defined laws which prescribe specific crimes and those crimes are clearly defined under the Criminal Code,” he explained. “When you speak of wrongdoing, that’s another matter.”

Drilon said that “notwithstanding the SC’s ruling, the DAP was fully used to improve the economy, and was not used as a mechanism for corruption or abuse.”

Detailed DAP

Allies of President Aquino at the House of Representatives said he can still fund projects under his DAP as long as he details them in the 2015 national budget.

Akbayan Rep. Ibarra Gutierrez said the SC ruling on DAP does not prohibit the President from funding DAP projects provided he follows the tribunal’s guidelines on spending.

“The SC decision not only clarifies the extent of executive’s fiscal power, it also gives the government the necessary framework and clear rules on how to institutionalize fiscal reforms,” he said.

“With these rules, moving forward, the administration can clearly strike the balance between fiscal responsibility and its policy to be responsive to the needs of the poor,” he said.

Iloilo City Rep. Jerry Treñas said with the SC ruling, Malacañang and Congress have no choice but to readjust their spending policies and introduce improvements in the 2015 national budget.  – With Jess Diaz, Paolo Romero, Christina Mendez, Jose Rodel Clapano