DOJ chief: PNoy should not be charged over DAP

MANILA, Philippines – Justice Secretary Alfredo Benjamin Caguioa on Thursday said President Benigno Aquino III should not be charged for the controversial Disbursement Acceleration Program (DAP).

Caguioa said that although he believes that the president must not be charged due to operative fact doctrine and good faith, he thinks there is a possibility that Aquino would be charged.

"As a matter of law and my appreciation of law and the facts as I know them I don't believe he should be charged precisely because of the fact doctrine and good faith,” Caguioa said.

“I don’t think he should be charged but in today's world, he probably will,” he added.

The justice secretary answered that in response to the Judicial Bar Council (JBC) who asked if the president should be “charged criminally or otherwise” once he steps down as president in light with the Supreme Court’s (SC) decision that DAP is unconstitutional.

Caguioa, appointed by Aquino as the Department of Justice Secretary to replace former Secretary Leila De Lima in October 2015, is one of the candidates vying for the SC Associate Justice post to replace SC Associate Justice Martin Villarama Jr. He was interviewed by JBC for the post on Thursday morning.

Caguioa and Aquino were classmates in Ateneo de Manila University but he said he will not be biased for the president and his administration. He vowed to be fair if he becomes SC Justice.

He defended Aquino by citing that the president does not fall under the category of author, implementor or proponent. Caguioa added that Aquino merely exercised his “discretion under constitution to augment projects using savings which is completely allowable on the part of president, as it is allowable in the part of Supreme Court justice and Senate president. 

SC Associate Justices Antonio Carpio and Marvic Leonen earlier said that Aquino and Budget Secretary Florencio Abad should be held liable for approving and implementing acts under the DAP because they are considered authors. However, if the operative fact doctrine is raised in defense of good faith, Aquino may not be charged.

Under the operative fact doctrine, authors, implementors and proponents acting in good faith can be acquitted.