NBI probing Napoles NGOs funded through DAP

MANILA, Philippines – With the administration under fire for implementing a spending program that violates the Constitution, Justice Secretary Leilla de Lima assured the public that its investigative arm is probing the misuse of funds that were realigned through the Disbursement Acceleration Program (DAP).

In a chance interview with reporters Monday, July 7, De Lima said the National Bureau of Investigation (NBI), which is under the justice department, is already investigating “the alleged use of DAP funds” by non-governmental organizations controlled by Janet Lim-Napoles.

Napoles is the alleged mastermind of the illegal diversion of lawmakers’ Priority Development Assistance Fund (PDAF) to her NGOs, offering lawmakers kickbacks in return. 

Under the DAP, the Malacañang moved around allocations from various agencies to its projects that were not indicated in the budget law. Some of these funds, it turned out, were given to lawmakers to augment their discretionary fund, the PDAF, and this was how Napoles’ NGOs received DAP funds.

“We have the documents on that already. We are evaluating…whether we have cases against those senators and, if confirmed, then what to do about it,” De Lima said.

She said they would have to see if the Department of Justice would refer the results of the probe to the Ombudsman or if the NBI would be the one to file charges if any against those responsible for the misappropriation.

Ombudsman Conchita Carpio Morales earlier said her office would probe if there were offenses and crimes committed by public officials through DAP.

DAP is a program initiated in 2011 by the Aquino administration to boost the economy by transferring unused funds for slow-disbursing projects to fast-disbursing ones. (READ: TIMELINE: The rise and fall of DAP)

Three schemes under the program were declared unconstitutional by the Supreme Court. These were the transfer of unused funds or savings from the executive branch to another branch of government, the declaration of funds as savings prior to the end of a fiscal year, and the creation of appropriations not outlined in the law concerning the annual national budget.

Order return of misused funds

Meanwhile, petitioners who assailed the DAP before the Supreme Court called on the Commission on Audit (COA) “to immediately conduct a special audit on how the DAP funds were disbursed through the specific acts and practices cited as unconstitutional.”

They also asked COA to immediately serve Notices of Disallowance against the parties involved in the transfer of funds from the executive branch to another branch of government. The notices will effectively order the return of the misused funds to the national treasury.

The petitioners include Integrated Bar of the Philippines executive vice president Rose Reyes, IBP executive director Alice Vidal, Volunteers Against Crime and Corruption (VACC) founding chair Dante Jimenez, Bobot Dinion also of VACC, Citizens Crime Watch chairman and president Jose Malvar Villegas, Bishop Reuben Abante, ReformPH president Greco Belgica, and lawyer Manuelito Luna.

The DAP became controversial after opposition Senator Jinggoy Estrada delivered a privilege speech in September 2013, alleging that huge sums from the program were distributed to senators to make them vote for the impeachment of then Chief Justice Renato Corona, whom President Benigno Aquino III wanted removed. – Rappler.com