Palace reminds Ombudsman: PNoy immune from suit

MANILA, Philippines - Amid the ongoing probe on the Disbursement Acceleration Program (DAP), Malacañang reminded the Office of the Ombudsman on Tuesday that the chief executive enjoys immunity from lawsuit.

"We wish to point out the Constitutional principle that an incumbent President of the Philippines is immune from suit," Communications Secretary Herminio Coloma Jr. said in a note to media.

According to reports, Ombudsman Conchita Carpio-Morales revealed this morning that her office is now investigating Aquino and Budget Secretary Florencio Abad in connection with the implementation of the controversial DAP.

Morales made the revelation in reply to a question during a hearing on the proposed budget of her office in the House of Representatives.

Coloma said they respect the authority of the Office of the Ombudsman to investigate the president.

"The Office of the Ombudsman is empowered by law to conduct such investigation," Coloma said.

Introduced by the administration in 2011, the DAP realigned government savings from slow-moving projects to other programs to supposedly fast-track public spending and stimulate the economy.

In 2014, the Supreme Court (SC) unanimously declared certain acts under the DAP as unconstitutional for violating the doctrine of separation of powers and the constitutional provision prohibiting the inter-branch transfer of budget allocations.

The high court ruled that "authors, proponents and implementors" of the DAP such as Aquino and Abad can have criminal, civil, administrative and other liabilities "unless there are concrete findings of good faith in their favor by the proper tribunals."

The SC ruling against the DAP sparked calls for the resignation of Aquino and Abad and an impeachment attempt on the president.

Aquino and Abad had consistently defended the DAP, saying the program was done in good faith and benefited the nation.