Justice Carpio: Congress allowed DAP’s castration of power of the purse

By MARK MERUEÑAS
GMA News 

Antonio-Carpio.7Senior Associate Justice Antonio Carpio expressed surprise that majority in the Senate and House of Representatives supported the Disbursement Acceleration Program and the National Budget Circular No. 541 when they “usurp and castrate the power of the purse of Congress, making Congress inutile and surplusage.”

NBC 541 was the circular that authorized the DAP.

“This court cannot allow a castration of a vital part of the checks-and-balances enshrined in the Constitution, even if the branch adversely affected suicidally consents to it,” said Carpio in his 27-page concurring opinion.

In a decision announced Tuesday, the Supreme Court struck down as unconstitutional the following portions of the Aquino administration’s DAP:

– the withdrawal of unobligated allotments from the implementing agencies, and the declaration of the withdrawn unobligated allotments and unreleased appropriations as savings prior to the end of the fiscal year and without complying with the statutory definition of savings contained in the General Appropriations Act;

– the cross-border transfers of the savings of the executive to augment the appropriations of other offices outside the executive; and

– the funding of projects, activities and programs that were not covered by any appropriation in the GAA.

Justice Antonio T. Carpio

http://www.scribd.com/doc/232446335/Justice-Antonio-T-Carpio


2 Responses. Have your say.

  1. Mac Flores, Jr. says:

    If the Executive branch cannot compel those whose names are involved in PDAF and DAP to make a full accounting of funds allocated to them, the CONCERNED CITIZENS must demand for this instead and set a timetable for the accounting report.

    The PEOPLE must not tolerate this abuse of position and misused of people’s fund.

    Although the numbers guarantee that impeachment or removal from office of those involved will not prosper, nevertheless it is still relevant to file it for record purposes.

    This will showcase to the people that SC decision becomes useless when legislative and executive branches combined their numbers to ignore the law.

    • Bobby Bagos says:

      But that’s just it Mac, our kababayans just don’t seemed to give a damn. These rotten politicians continue to pull the rug from under their feet time and time again and none of them are being held accountable for their failures. Our country will never recover from these hardships until the people themselves start holding these worthless politician’s feet to the fire for not doing their jobs. Reward those that are doing the right thing and get rid of the ones that are nothing more than a hindrance to our country’s success.

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