Paggamit ng pondo sa ilalim ng DAP, idineklarang unconstitutional ng Korte Suprema

admin   •   July 2, 2014   •   8916

Supreme Court facade (UNTV News)

MANILA, Philippines — Sa pamamagitan ng unanimous na botohan ay idineklara ng Korte Suprema na labag sa Saligang Batas o unconstitutional ang paggamit ng Administrasyong Aquino ng pondo sa ilalim ng Disbursement Acceleration Program o DAP at National Budget Circular Number 541.

Lahat ng labing tatlong mga mahistrado ay bumoto pabor sa desisyon na sinulat ni Associate Justice Lucas Bersamin habang nag-inhibit o hindi nakisali sa botohan si Associate Justice Teresita Leonardo De Castro.

Batay sa naging desisyon ng Korte Suprema, labag sa Section 25, Article 6 ng Constitution at sa Separation of Powers ang pagkuha ng pondo sa mga implementing agencies at pagdedeklara dito bilang savings bago pa man matapos ang taon.

Illegal din ayon sa Korte Suprema ang paglilipat ng savings o pondo mula sa executive department patungo sa ibang mga ahensiya ng gobyerno labas sa executive department.

Halimbawa nito ang pagbibigay ng palasyo ng 50-million pesos sa bawat senador matapos ang impeachment trial ni dating Chief Justice Renato Corona.

Illegal din at labag sa Saligang Batas ayon sa Korte Suprema ang paglalaan ng pondo sa mga proyektong wala sa National Budget na ipinasa ng Kongreso.

Pinawalang-bisa din ng Korte Suprema ang paggamit ng unprogrammed funds dahil sa hindi pagsunod sa mga kondisyon ng General Appropriations Act.

“The court partially grants the petitions… so ordered”, pahayag ni Supreme Court Spokesperson Atty. Theodore Te.

Samantala, sa kabila ng pagdedeklarang illegal ang paggamit sa DAP, walang binanggit ang Korte Suprema kung dapat managot dito sina Budget Secretary Butch Abad at si Pangulong Aquino.

Ngunit ayon sa ilang mga petitioner laban sa DAP, hindi pwedeng walang mananagot dito sa sinasabi nilang paglustay sa kaban ng bayan.

“Kung illegal ang DAP, kung mayroong maling ginawa, hindi naman uubra na walang mananagot para dito. So ang tinatanong natin at hinihintay natin ano ang pananagutan ni Sec. Butch Abad, ni Pangulong Aquino dahil hindi kami naniniwala in good faith nangyari ang lahat ng ito”, saad ni Bayan Secretary General Renato Reyes.

“Kailangang palalimin, kailangang pag-aralan kasi ang mga mamamayan, kapag pinag-usapan ang pondo ng bayan, ang concern niyan kapag may naglustay, kailangang papanagutin yung mga sangkot at yung pondo na nilustay ay ipakita at ilantad kung sino talaga ang may pananagutan at lapatan ng karampatang kaparusahan”, Gabriela Party-List / Petitioner vs. DAP Representative Emmi De Jesus.

Pero sa ngayon ay hihintayin muna ng mga petitioner ang kabuuan ng desisyon ng Korte Suprema at aaralin ito kung ano ang susunod na magiging hakbang nila. (Roderick Mendoza, UNTV News)

Oral arguments on Anti-Terrorism Law suspended, to resume on March 2

Aileen Cerrudo   •   February 22, 2021

MANILA, Philippines—The oral arguments on the Anti-Terrorism Law has been moved to March 2.

In an advisory, the Supreme Court announced that several justices are undergoing self-quarantine as a safety precaution against the coronavirus disease (COVID-19). According to a source, one of the justices tested positive for COVID-19.

The en banc session set for Tuesday (February 23) is also suspended.

Meanwhile, petitioners want to raise new developments to the SC regarding their request for a Temporary Restraining Order (TRO) on the Anti-Terrorism Bill.

One of the petitioners’ lawyers, Atty. Edcel Lagman said they want to include the alleged ‘red-tagging’ of one of the generals of the Armed Forces of the Philippines (AFP).

“For the first time in history petitioners and their counsel before this honorable court are seriously threatened with persecution under the challenged statute by no less than military general who is part of the state enforcing the controverted ATA,” he said. AAC (with reports from Dante Amento)

Marcos can still appeal PET decision on poll protest vs Robredo — CJ Peralta

Robie de Guzman   •   February 19, 2021

MANILA, Philippines Former Senator Ferdinand “Bongbong” Marcos Jr. can still file a motion for reconsideration on the decision of the Supreme Court (SC), sitting as Presidential Electoral Tribunal (PET), on his election protest against Vice President Leni Robredo, Chief Justice Diosdado Peralta said.

Peralta said Marcos may still appeal the decision as part of his legal remedies.

The camp of Marcos earlier said it has yet to decide on whether to file a motion pending the release of the copy of the ruling.

Peralta said the copy of the decision has yet to become available for the public as they are still awaiting other magistrates to submit their written opinions on the matter.

“We are still waiting for the others who might explain their votes because if it is in the result the effect is that those who voted in the result should have explain their votes that’s the rule,” the chief justice told reporters.

The Supreme Court on Tuesday unanimously junked the election protest filed by Marcos against Robredo over the results of the 2016 vice presidential race.

The SC said seven of the 15 justices present during the meeting “fully concurred” in the dismissal while the rest “concurred” in the result.

Peralta has refused to elaborate on the reasons for the dismissal citing confidentiality of court deliberations.

“That I cannot divulge, the deliberation is confidential. What can I only say is that as usual there was deliberation, there were debates, there were several opinions raised but eventually as what the chief justice usually does is to call for a vote and that what happened,” he said.

When asked about the possible effect on the protest should Marcos push through with his plan to run for public office in the 2022 elections, Peralta replied with: “That’s another question. That’s not tackled in our deliberation.”

“If he wants to run then that’s his choice. As to whether or not that will abandon his protest, that’s another thing,” he added. RRD (with details from Correspondent Dante Amento)

SC dismisses Bongbong Marcos’ poll protest vs Robredo

Robie de Guzman   •   February 16, 2021

MANILA, Philippines – The Supreme Court (SC), sitting as the Presidential Electoral Tribunal (PET), on Tuesday junked the election protest filed by former Senator Ferdinand “Bongbong” Marcos against Vice President Leni Robredo over the results of the 2016 vice presidential race.

In a statement, the Supreme Court Public Information Office (PIO) announced that the court unanimously voted to dismiss the protest of Marcos against Robredo.

Of the 15 magistrates present during Tuesday’s meeting, seven justices “fully concurred” in the dismissal while eight “concurred” in the result, the SC PIO said.

SC Spokesperson Atty. Brian Keith Hosaka could not say if the decision can be appealed.

“The deliberation of the tribunal is highly confidential, this is our announcement. This is the first time we are announcing this. The parties will be provided a copy of the resolution as usual,” he said.

A copy of the resolution detailing the reason or reasons for the dismissal will be uploaded in the high court’s website once available, the SC PIO said.

Marcos filed the protest in June 2016, claiming that the vice-presidential race was marred by fraud. He lost to Robredo by 263,473 votes in the May 2016 elections.

Part of Marcos’ protest sought for a recount, revision and re-appreciation of ballots from three provinces he chose: Camarines Sur, Iloilo and Negros Oriental.

Marcos also sought the annulment of election results in three provinces in Mindanao – Lanao del Sur, Basilan, and Maguindanao – due to alleged terrorism, intimidation, voter harassment and pre-shading of ballots.

Both camps of Marcos and Robredo said they have yet to receive a copy of the ruling, but assured they will issue their statements on the matter as soon as they have established the facts based on PET’s official pronouncement.


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