Pondong inilabas sa pamamagitan ng DAP, dapat ibalik sa kaban ng bayan ayon sa isang petitioner

admin   •   July 3, 2014   •   2987

Si Greco Belgica ay isa sa mga naghain ng petisyon laban sa Disbursement Acceleration Program o DAP (UNTV News)

MANILA, Philippines — Matapos ideklara ng Korte Suprema na illegal ang Disbursement Acceleration Program o DAP ay dapat balik sa kaban ng bayan ang bilyon-bilyong pisong pondo na ginamit ditto.

Ito ang paniniwala ng isa sa mga sa mga naghain ng petisyon laban sa DAP na si Greco Belgica.

“Ngayon na illegal na ang DAP, dineclare na ng Supreme Court na illegal ang DAP. Dapat ibalik na yung ginamit sa illegal na DAP. Isauli na sa treasury. Pangalawa po, magsimula na ng thorough investigation ang COA at mag-umpisa na siyang mag-issue ng notice of disallowance at mag-imbestiga kung saan ginamit, saan nanggaling, kailan, sino ang gumamit nung mga perang sinabing illegal o yung DAP.”

Sa kanilang sagot sa mga petisyon sa Korte Suprema, sinabi ng palasyo na mahigit 149-billion pesos ang nailabas na pondo sa ilalim ng DAP mula 2011 hangang 2013.

Kabilang sa pinaggamitan nito ang rehabilitasyon ng PNP Crime Laboratory noong december 2011 na pinondohan ng mahigit 3.2 billion pesos. Galing din sa pondo ng DAP ang ipinambayad sa GSIS Premium ng mga guro noong September 2012 na nagkakahalaga ng mahigit 3.4 billion pesos.

Una na ring sinabi ng Malakañang na galing sa DAP ang karagdagang pork barrel na ibinigay sa mga senador matapos ang impeachment trial ni dating Chief Justice Renato Corona.

Samantala, bagamat naniniwala si Belgica na isang impeachable offense ang illegal na paggamit sa DAP, hindi umano siya interesado na ipatanggal sa pwesto si Pangulong Aquino.

“Unang-una, hindi ako interesadong i-impeach ang presidente dahil presidente natin yan eh. Kung may pagkakamali, itama, yung mga nagkamali, panagutin, pero hayaan mong makatapos ng termino siya”, ani Belgica. “Ang dapat umanong gawin ng gobyerno ay baguhin at itama ang sistema ng paggugol sa pondo ng bayan. Dapat na rin umanong matuto ang kongreso ng tamang pagba-budget sa pamamagitan nang tuluyang pag-alis sa pork barrel o discretionary funds.”

Dagdag pa nito, “It is high time for government na iayos na ang kanyang katayuan. Ibig sabihin, mag-sorry, magsauli, at panagutin kung sino ang mga sangkot para maka move on na ang bayan natin sa isyung ito, masimulan na ang proseso ng pag angat.” (Roderic Mendoza, UNTV News)

Palace welcomes SC ruling junking plea to compel Duterte to defend PH territory

Robie de Guzman   •   November 24, 2021

MANILA, Philippines – Malacañang on Wednesday welcomed the decision of the Supreme Court (SC) to dismiss the petition to compel President Rodrigo Duterte to defend the Philippine territory against China’s claims and incursions in the West Philippine Sea.

“We welcome the decision of the Supreme Court dismissing the petition for mandamus filed against President Rodrigo Roa Duterte,” acting presidential spokesperson Karlo Nograles said in a statement.

Nograles was referring to an SC ruling dated June 29 but only uploaded on its website on November 22.

In a unanimous decision, the SC en banc dismissed the petition for mandamus filed by lawyer Romeo Esmero for “utter lack of merit.”

In his petition, Esmero claimed that it is the president’s ministerial duty to defend the national territory, which includes the West Philippine Sea as established by the UN Arbitral Tribunal.

He also asserted that “there is unlawful neglect or inaction by the president in the performance of his constitutional duty resulting to the detriment of ‘paramount public interest involve (sic) the livelihood of all of our poor Filipino fishermen and their families who are living in the coastal areas of the many islands facing the West Philippine Sea.’”

Esmero also suggested suing China before the International Criminal Court “to demand payment and damages for taking the Kalayaan Islands.”

“Our ruling in De Lima v. Duterte is clear: the president is immune from suit during his incumbency, regardless of the nature of the suit filed against him. Petitioner named President Duterte as the sole respondent in this case. For this reason, this suit should be dismissed outright,” the SC said.

The high court also noted that the petition for the issuance of a writ of mandamus “would still not lie in petitioner’s favor.”

A mandamus petition seeks to compel action and performance of a pre-existing duty, a ministerial function on the part of a board, officer or person, provided that the petitioner has a well-defined and clear right warrant the grant thereof.

“Indeed, the president is the guardian of the Philippine archipelago, including all the islands and waters embraced therein and all other territories over which it has sovereignty or jurisdiction. By constitutional fiat and the intrinsic nature of his office, the president is also the sole organ and the authority in the external affairs of the country,” the ruling read.

The SC said that for all the petitioner’s posturing, he failed to point any law that specifically requires the president to go to the UN or the ICJ to sue China for its incursions into the Philippine exclusive economic zone.

“Neither has he shown a clear and unmistakable constitutional or statutory provision which prescribes how the president is to respond to any threat (actual or imminent) from another State to our sovereignty or exercise of our sovereign rights,” the court said.

The SC said that former President Benigno S. Aquino was under no obligation to file a case against China through the UN Convention on the Law of the Sea (UNCLOS) in 2013.

“Taking China to binding arbitration was risky, as it could potentially damage relations with a major trading partner. On July 12, 2016, the arbitral tribunal issued an award overwhelmingly in favor of claims by the Philippines and ultimately bringing some clarity to the overlapping claims in the area,” the court noted.

The SC said that if President Duterte now sees fit to take a different approach with China despite said ruling, “this does not by itself mean that he has, as petitioner suggests, unlawfully abdicated his duty to protect and defend our national territory, correctible with the issuance by this Court of the extraordinary writ of mandamus.”

“Being the Head of State, he is free to use his own discretion in this matter, accountable only to his country in his political character and to his own conscience,” the SC added.

The 9-page ruling was penned by Associate Justice Rodil Zalameda. All 13 other justices concurred with the decision.

With this ruling, Malacañang said that the “executive power, indeed, rests on the President, including the peaceful and stable conduct of foreign affairs. Matters within the President’s discretion cannot be compelled by mandamus.”

The Palace also maintained that the president is the chief architect of foreign policy and this is affirmed by the latest decision of the High Court.

“Having said this, the president has firmly kept his position to continue the peaceful resolution of disputes,” Malacañang said.

 

Supreme Court designates Raul Villanueva as Court admin office OIC

Robie de Guzman   •   November 17, 2021

MANILA, Philippines – The Supreme Court on Wednesday appointed Deputy Court Administrator Raul Villanueva as officer-in-charge of the Office of the Court Administrator.

Villanueva will take the post a Jose Midas Marquez who was appointed as Associate Justice.

“In view of the appointment of former Court Administrator, the Hon. Jose Midas Marquez, as Associate Justice of the Supreme Court, in the interest of public service, and pending the appointment of a regular Court Administrator, Deputy Court Administrator Raul Villanueva is hereby designated as Officer-in-charge in the Office of the Court Administrator,” the high court said in a memorandum order.

The order states that as the OIC of the Office of the Court Administrator, Villanueva “shall exercise the functions and perform the duties as the head of office” effective upon the issuance of the memorandum order and until the appointment of the regular Court Administrator.

Marquez took his oath as associate justice of the Supreme Court before Chief Justice Alexander Gesmundo on Tuesday.

Duterte appoints Midas Marquez as Supreme Court associate justice

Robie de Guzman   •   November 16, 2021

MANILA, Philippines – President Rodrigo Duterte has named Court Administrator Jose Midas Marquez as associate justice of the Supreme Court (SC), Malacañang said Tuesday.

This was first confirmed by Office of Executive Secretary Salvador Medialdea and later announced by Presidential Spokesperson Karlo Nograles.

Marquez will replace Justice Edgardo delos Santos who opted for an early retirement in June.

Marquez is currently serving as SC Court administrator. He also served as SC spokesperson, Public Information Office chief and chief of staff of the Office of the Chief Justice.

Marquez has made several attempts in previous years to become an SC justice.

Back in 2018, he applied for the post vacated by then Justice Samuel Martires but Davao City Mayor Sara Duterte opposed his bid over his alleged attempt to curry her favor by trying to have a disbarment case against her withdrawn.

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