Aquino tells SC: 'Huwag n'yo kaming hadlangan'

MANILA, Philippines (UPDATED) — President Benigno Aquino III on Monday publicly criticized the Supreme Court for declaring key parts of the Disbursement Acceleration Program (DAP) as unconstitutional.

In his highly anticipated television address, Aquino announced that his administration will formally appeal the recent Supreme Court ruling, which he said did not take into account the legal basis used by the executive branch for the DAP.

The President cited the 1987 Administrative Code of the Philippines, which gives him the power to transfer savings to other projects, including those of other government branches and departments.

"Sa simpleng salita po: Hindi tayo lumabag sa batas nang ipatupad natin ang DAP," Aquino said.

"Nagulat nga po kami nang makita naming hindi naisaalang-alang sa desisyon ng Korte Suprema ang ginamit naming batayan ng DAP. Paano kaya nila nasabing unconstitutional ang aming paraan ng paggastos gayong hindi man lang nila tinalakay ang aming pinagbatayan?" Aquino asked.

Aquino said the DAP was one of his reforms that aimed to help fix the system inherited by his administration.

Saying the Supreme Court decision was difficult to understand, Aquino urged the high court to review its DAP ruling and help the Aquino administration in serving the nation.

"Ang dinatnan nating sistema ay hindi nakatulong, o kulang ang pagtulong sa ating bayan—inaayos natin ito upang magawa ang tangi nitong layunin: ang mapangalagaan ang interes ng sambayanan, na siyang nagluklok sa atin sa kapangyarihan," Aquino said.

"Ang panawagan natin sa Korte Suprema: huwag ninyo naman sana kaming hadlangan. Hindi ba dapat kasama namin kayo sa repormang ito? Tapusin na natin ang sistemang nagpapahamak sa taumbayan," he added.

Aquino also warned against the possibility of having two equal branches of government going head to head over the DAP controversy.

"Ang mensahe ko po sa Korte Suprema: Ayaw nating umabot pa sa puntong magbabanggaan ang dalawang magkapantay na sangay ng gobyerno, kung saan kailangan pang mamagitan ng ikatlong sangay ng gobyerno," Aquino said.

The DAP is a stimulus package introduced by the Aquino administration in 2011 designed to fast-track public spending and push economic growth. It reallocates savings generated by the government to fund other programs and projects.

The fund scheme first earned criticisms last year after Senator Jinggoy Estrada, one of those indicted in the pork barrel scam, revealed that they were given extra allocation after the conviction of then Supreme Court Chief Justice Renato Corona.

Budget Secretary Florencio Abad, considered as the architect of the DAP, disclosed later that the funds assigned to the lawmakers were from the DAP.

Critics have claimed that DAP funds were used as bribes for lawmakers to vote for Corona's impeachment and conviction.

The allegations against the DAP also prompted President Aquino to deliver a televised address last year and defend the legality of the controversial stimulus program.

Aquino also denied stealing from public coffers through the DAP.

"The DAP is not theft. Theft is illegal. Spending through DAP is clearly allowed by the Constitution and by other laws. DAP is only a name for a process in which government can spend both savings and new and additional revenues," Aquino said in his 2013 speech.

Two weeks ago, the Supreme Court issued a decision declaring several acts under the DAP as unconstitutional for violating the doctrine of separation of powers and the constitutional provision which prohibits the inter-branch transfer of appropriations.

In its 92-page decision, the high court said "authors, proponents and implementors" of the DAP can have criminal, civil, administrative and other liabilities "unless there are concrete findings of good faith in their favor by the proper tribunals."

But Aquino also criticized the Supreme Court for this.

"Nasaan po kaya rito ang prinsipyong “innocent until proven guilty?" the President said.

The Aquino administration insisted that the DAP was done in good faith and that it benefited the public. But some camps are pushing for the President's impeachment and are calling for Abad's resignation.

Last Friday, Aquino announced that he turned down Abad's resignation offer.