Tuesday, 08 July 2014 14:01
LIFE’S INSPIRATIONS: “… The mighty man will become tinder and his work a spark; both will burn together, with no one to quench the fire…” (Isaiah 1:31, the Holy Bible).
DAP: PREMEDITATED CONSPIRACY VS. CONSTITUTION: Good faith is an odd defense by Malacanang over the unconstitutionality of President Aquino’s “disbursement acceleration program” or DAP, and will not deflect flack from the Supreme Court ruling which said that DAP violated the Constitution, in that it was used to give some P1.1 billion of funds belonging to the Office of the President to several senators who voted to impeach Renato Corona.
Odd defense, because a careful reading of the high court’s ruling suggested very clearly that DAP was the product of a premeditated conspiracy between the Office of the President led by Aquino, and the House of Representatives under the leadership of Speaker Feliciano Belmonte Jr., and the Senate, then under the leadership of Sen. Juan Ponce Enrile, against the 1987 Cory Aquino Constitution.
Why is the DAP a premeditated conspiracy of the country’s highest officials from the executive and legislative departments, against the Cory Aquino Constitution? Simply because all of them participated in crafting and passing two laws—the General Appropriations Act of 2011 and 2012, where DAP was created and given effect, even if they fully knew that what they were doing was against the Charter.
PNOY & ALLIES PASSED LAWS FOR FUND TRANSFERS: In nullifying DAP insofar as it pertained to President Aquino’s having given P1.1 billion to senators who ousted Corona, the tribunal noted that the General Appropriations Acts (GAAs) of 2011 and 2012—crafted both by the House and Senate and then signed by Aquino—were made to contain a uniform provision that effectively allowed the President to transfer funds from the executive department to the legislature.
A little research shows that this uniform provision in the GAAs of 2011 and 2012 vesting Aquino with the power to give funds from the executive to the legislative—as what he did with the P1.1 billion “savings” of the executive department that he gave to senators under DAP—was not found in previous General Appropriations Acts (GAAs) before Aquino assumed office in 2010.
That uniform provision in the GAAs of 2011-2012 was a “new creation” under the Aquino government, obviously intended to authorize Aquino’s transferring billions of funds from the executive department to the legislative. This showed foreknowledge that transfer of funds from one department to another was illegal, necessitating the House, the Senate, and Aquino, to conspire to come up with a law to back up his intended transfer of funds.
LAWS ON FUND TRANSFER, ILLEGAL, SAYS SC: Reacting to this maneuver, the Supreme Court ruled, at Pages 56 and 57 of its Decision, that: “In the 2011 GAA, the provision that gave the President and the other high officials the authority to transfer funds was Section 59… In the 2012 GAA, the empowering provision was Section 53…
“A reading shows however, that the afore-quoted provisions of the GAAs of 2011 and 20l2 were textually unfaithful to the Constitution for not carrying the phrase `for their respective offices’ contained in Section 25 (5). The impact of the phrase `for their respective offices’ was to authorize only transfers of funds within their offices (i.e., in the case of the President, the transfer was to an item within the executive…
“The provisions carried a different phrase (`to augment any item in this Act’), and the effect was that the 2011 and 2012 GAAs thereby literally allowed the transfer of funds from savings to augment any item in the GAAs, even if the item belonged to an office outside the Executive. To that extent did the 2011 and 2012 GAAs contravene the Constitution…”
REMINDERS:Please tune in: “Tambalang Batas at Somintac”, at 1062 kHz on the AM band, Mondays to Fridays, at 6 a.m., simulcast, real time, over 1080 kHz in Dagupan City, 711 kHz in Naga City, 1260 kHz in Lucena City, and 1224 kHz in Davao City, and at www.eaglenews.ph; “Kakampi Mo Ang Batas sa Radyo Trabungko FM”, at 103.7 mHz in Don Carlos, Bukidnon, Mondays to Fridays, at 7 a.m.; and “Kakampi Mo Ang Batas sa DYKA” at 801 kHz on the AM band (Panay Island), Mondays to Fridays, at 10 a.m. -30-
By Atty. Batas Mauricioa
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