KAKAMPI MO ANG BATAS: SC: DAP, per se, is OK PDF Print E-mail
Sunday, 06 July 2014 14:04

BY Atty. BATAS MAURICIO

 

LIFE’S INSPIRATIONS: “…Blessed is the nation whose God is the Lord, the people he chose for his inheritance…” (Psalm 33:12, the Holy Bible).

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SC UPHOLDS PNOY’S DAP, SAYS DAP, PER SE, IS OK: In the interest of fair play, I will reproduce today the part of the Supreme Court decision which upholds the right of President Aquino to adopt and implement his “disbursement acceleration program” or DAP.

The Court, through the majority opinion written by Associate Justice Lucas P. Bersamin, said: “The DAP was a government policy or strategy designed to stimulate the economy through accelerated spending.

“In the context of the DAP’s adoption and implementation being a function pertaining to the Executive as the main actor during the Budget Execution Stage under its constitutional mandate to faithfully execute the laws, including the GAAs, Congress did not need to legislate to adopt or to implement the DAP.

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CONGRESS HAS THE POWER TO APPROPRIATE: “Congress could appropriate but would have nothing more to do during the Budget Execution Stage. Indeed, appropriation was the act by which Congress `designates a particular fund, or sets apart a specified portion of the public revenue or of the money in the public treasury, to be applied to some general object of governmental expenditure, or to some individual purchase or expense.’

“As pointed out in (the case of) Gonzales v. Raquiza: ‘In a strict sense appropriation has been defined ‘as nothing more than the legislative authorization prescribed by the Constitution that money may be paid out of the Treasury’…

“ `appropriation made by law’ (meantime) refers to ‘the act of the legislature setting apart or assigning to a particular use a certain sum to be used in the payment of debt or dues from the State to its creditors.’

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NO USURPATION OF CONGRESS POWERS IN DAP: “On the other hand, the President, in keeping with his duty to faithfully execute the laws, had sufficient discretion during the execution of the budget to adapt the budget to changes in the country’s economic situation. He could adopt a plan like the DAP for the purpose.

“He could pool the savings and identify the PAPs to be funded under the DAP. The pooling of savings pursuant to the DAP, and the identification of the PAPs to be funded under the DAP did not involve appropriation in the strict sense because the money had been already set apart from the public treasury by Congress through the GAAs.

In such actions, the Executive did not usurp the power vested in Congress under Section 29(1), Article VI of the Constitution…”

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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.