Morales ignoring SC, Charter, on DAP probe PDF Print E-mail
Monday, 01 February 2016 11:34

KAKAMPI MO ANG BATAS

BY Atty. BATAS MAURICIO

LIFE’S INSPIRATIONS: “…For whoever keeps the whole law and yet stumbles at just one point is guilty of breaking all of it… If anyone, then, knows the good they ought to do and doesn’t do it, it is sin for them…” (James 2:10, 4:17, the Holy Bible).

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ISSUES ON OMBUDSMAN’S CALL FOR INTEGRITY IN 2016 POLLS: I am sorry, and I am saying this with utmost due respect, but I really cannot understand how Ombudsman Conchita Carpio Morales can attempt to play the role of a moralist who wants to give the impression that she wants only people with integrity to be voted upon by Filipino voters in the 2016 elections.

The fact is, any attempt at squeezing integrity from any candidate in the 2016 elections must start with the Office of the Ombudsman itself, as it is the Constitutional body that is mandated to uphold morality, integrity, truth, and justice, not only in government, but in the entire Philippine society as well.

Consequently, Morales should have been in the forefront of screening those who are aspiring for public positions in the forthcoming electoral exercise in May. But, has she acted in anyway with the Supreme Court’s declaration that the criminal, civil,  administrative, and other liabilities of the authors, proponents, or implementors, of the discredited disbursement acceleration program (DAP) of the Aquino government should be probed?

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HAS MORALES OBEYED THE SC ON DAP RAPS? Clearly, the Supreme Court, in the cases led by “Araullo, et. al. vs. Aquino, et. al.”, G. R. No. 209287, July 01, 2014, wanted the authors, proponents, and implementors, of the DAP to be investigated and then prosecuted. To refresh the memory of everyone, particularly that of Morales, we will quote a portion of the Court’s decision dealing with the investigation and prosecution of the bright boys who conceived and executed DAP.

The Court said: “In that context, as Justice Brion has clarified, the doctrine of operative fact can apply only to the PAPs (program, activity, or projects) that can no longer be undone, and whose beneficiaries relied in good faith on the validity of the DAP, but cannot apply to the authors, proponents, and implementors of the DAP, unless there are concrete findings of good faith in their favor by the proper tribunals determining their criminal, civil, and administrative and other liabilities…”

Without any doubt, there is here, in this decision of the highest court of the land, an express directive to investigate the authors, proponents, and implementors of the DAP and then to file the appropriate charges or cases against them, in accordance with its findings that the DAP, which involved billions of government funds, is illegal as it is unconstitutional.

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MORALES IGNORING SC, CHARTER, ON DAP PROBE: Now, what office has the right to conduct this investigation as the Supreme Court has decreed? The Office of the Ombudsman, which is headed by Morales herself for the last five—or nearly six—years, that’s what. This can be seen under Section 13 (1), Art. XI, 1987 Constitution, which, among others, prescribes the principal duty of the Ombudsman.

This section says: “The Office of the Ombudsman shall have the following powers, functions, and duties… (1) Investigate on its own, or on complaint by any person, any act or omission of any public official, employee, office or agency, when such act or omission appears to be illegal, unjust, improper, or inefficient…”

Morales must answer this question: has she investigated the authors, proponents, and implementors of the DAP, as the Supreme Court mandated in 2014 yet? She has not, of course! Could this be because the “authors, proponents, and implementors of the DAP” that the Supreme Court referred to in its decision include President Aquino, her patron, and his allies in the Liberal Party? Where is morality and integrity here?

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PLEASE LISTEN: “Ang Tanging Daan” (The Sole Way): a Bible study and prayer session online could now be heard, 24 HOURS a day, in the Philippines and the world at  www.facebook.com/angtangingdaan or www.facebook.com/ANDKNK (and look for “Ang Tanging Daan” broadcasts). Phone: 0922 833 43 96, 0918 574 0193, 0977 805 9058. Email: batasmauricio@yahoo.com.