By Perfecto Raymundo
MANILA, (PNA) — The Supreme Court Wednesday ordered government lawyers to answer the petition filed by former Manila Councilor Greco Belgica and two others questioning the legality of the Disbursement Acceleration Program.
“You, respondents, are hereby required to comment on the instant petition on or before Nov. 7, 2013,” the SC said in its resolution.
The respondents in the petition are President Benigno S. Aquino III, Senate President Franklin M. Drilon, House Speaker Feliciano “Sonny” Belmonte, Jr., Executive Secretary Paquinto N. Ochoa Jr, Budget and Management Secretary Florencio “Butch” Abad and National Treasurer Rosalia De Leon.
Belgica, together with Bishop Reuben Abante and Rev. Jojo Gonzales, questioned the legality of the DAP and the Department of Budget and Management-National Budget Circular 541, particularly its portion allowing the use of the DAP funds “to fund priority programs and projects not considered in the 2012 budget but expected to be started or implemented during the current year.”
“Such directive is clearly a usurpation of the power of the legislature to appropriate government funds. Such power did not originate from the House or Representatives nor did it pass the legislative process under the Constitution,” the petition said.
The petitioners argued the use of the DAP violated Section 29 (1), Article VI of the Constitution which requires “No money shall be paid out of the Treasury except in pursuance of an appropriation made by law.”
“In this case, NBC 541 even contemplates – even as it acknowledges – the use of DAP funds for programs or projects not in the current budget but only contemplated by the executive to be implemented or started within 2012 notwithstanding the absence of an appropriation therefore,” the petition added.
There are now seven petitions filed before the SC questioning the constitutionality of the DAP and seeking its nullification.
The oral arguments on the PDAF petitions will be held on Nov. 11, 2013 at 10 a.m.