This analysis by Bobi Tiglao in his November 5, 2013 column in The Manila Times raises legal questions which were raised by Senior Associate Justice Antonio Carpio in yesterdays oral arguments on the DAP in the Supreme Court [newsinfo.inquirer.net/530721/justice-looks-for-evidence-that-aquino-okd-dap]. According to Tiglao: Aquino had not issued any written authorization to Budget Secretary Florencio Abad to undertake the DAP whether in the form of an executive order, memorandum, memorandum circular, or even a marginal note. x x x I made an exhaustive search in official government websites, that at the gov.ph, (which has been transformed into the government’s Official Gazette, making it the repository of all official documents originating from the Office of the President) and that of the budget and management department. I could find no document coming from the President ordering Abad to set up the DAP. x x x It’s another nail though on his DAP’s coffin. Even if one assumes that the DAP is constitutional when it changed the budget allocations from those authorized by Congress, and merely realigned these, the Constitution very categorically says that only the President (or the heads of the other branches of government and the constitutional commissions) can do so. But it turns out now that Aquino never ordered it—at least in the way that a President issues orders, which is in written, documented form. Only Abad did in his National Budget Circular No. 541 did. Abangan!
Posted on: Wed, 20 Nov 2013 11:47:03 +0000
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