Tiangco: Palace’s goal to split SC decision on DAP

MANILA, Philippines – For United Nationalist Alliance (UNA) Secretary-General Toby Tiangco, Malacañang’s gameplan is simple: use “the impeachment gambit” to blackmail Supreme Court (SC) justices into ruling the Disbursement Acceleration Program (DAP) legal.

“The ultimate goal is splitting the decision of the 15 justices and tipping the balance of power within the SC that may likely paralyze justices who are not submissive to Malacañang,” Tiangco said in a statement Saturday, December 7.

Ever since allegations about DAP being used as a political tool by the administration surfaced in September (after Sen Jinggoy Estrada’s privilege speech), critics have raised questions about it alongside the now-unconstitutional Priority Development Assistance Fund (PDAF).

The DAP was approved by President Benigno Aquino III in October 2011, upon the recommendation of the Budget Department, to fast-track public spending and stimulate economic growth. Unlike the Priority Development Assistance Funds, which are lump sum appropriations, the DAP funds are taken from savings.

But questions have been raised about the definition of “savings” and the legality of appropriating savings in the middle of the year without written authorization from the President. The Supreme Court has begun to hear oral arguments on the issue. 

Tiangco said the Palace is set to employ the same strategy used during the Corona impeachment to keep the funds legal. 

In his privilege speech, Estrada tagged Senate President Franklin Drilon – then chair of the Senate finance committee in 2012 – as the one who facilitated the release of P50 million to each senator in exchange for the conviction of former Chief Justice Renato Corona then. (READ: Jinggoy: P50M for each convict-Corona vote)

3 days after the speech, the budget department clarified that the releases were from the DAP, and were not bribes to impeach Corona and were, in fact, necessary “to help accelerate economic expansion.” (READ: 2012 fund releases to pols not bribes – Abad)

Tool to impeach

“Under the constitution the power to impeach lies in Congress. But in reality it is with Malacañang thru the DAP,” Tiangco said. This means the Palace will “give away” DAP to legislators who will support the impeachment complaint against the justices.

Tiangco believes “Malacañang was behind every move” that involved the 3 impeachment complaints filed against SC justices since 2010. 

“Malacañang cannot disavow any knowledge of the plan to impeach at least 3 justices of the high tribunal. [Mindoro Oriental Rep. Reynaldo] Umali knows that the numbers will solidify with the support of the administration,” he added.

In a privilege speech, Umali accused the SC of “arrogating itself like despots” when it ruled PDAF unconstitutional.

“The Palace, through Cong. Umali, has already raised the impeachment banner by making PDAF and other unfavorable rulings as an issue of judicial despotism.”

During the impeachment trial of Corona, Umali – who was part of the prosecution team – said a “small lady” gave him bank documents the prosecution panel attached to the supplemental request for Chief Justice Renato Corona’s bank record.

Tiangco called Umali’s stories “conflicting,“ saying the bank records presented as evidence against Corona were obtained “illegally.”

Replacing PDAF

Given the SC ruling on PDAF, some anticipate a similar ruling on DAP. (READ: DAP orals: DBM moved funds sans President’s approval)

But Tiangco said if DAP is declared legal, Malacañang “will be able to circumvent the SC ruling on PDAF” and the PDAF funds lost by legislators will merely be replaced by DAP.

“If the SC declares DAP constitutional, then it will render the PDAF ruling inutile. Parang pinalitan lang yung pangalan from DAP to PDAF (As if changing the name from DAP to PDAF),” he added. – Jee Geronimo/Rappler.com