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DAP: Araullo Memorandum to the Supreme Court

DAP: Araullo Memorandum to the Supreme Court

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Published by Tonyo Cruz
Memorandum submitted to the Supreme Court by petitioner Araullo, on the case seeking to void the DAP or President Aquino's presidential barrel.
Memorandum submitted to the Supreme Court by petitioner Araullo, on the case seeking to void the DAP or President Aquino's presidential barrel.

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Published by: Tonyo Cruz on Mar 13, 2014
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06/15/2014

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REPUBLIC OF THE PHILIPPINES SUPREME COURT MANILA EN BANC MARIA CAROLINA P. ARAULLO, Chairperson, Bagong Alyansang Makabayan, et al.
 Petitioners
, -versus- GR No. 209287 His Excellency BENIGNO SIMEON C. AQUINO III, President of the Republic of the Philippines, et al,
 Respondents
. x------------------------------------------------x
AUGUSTO L. SYJUCO, JR., Ph.D., Petitioner, -versus- GR No. 209135 Hon. FLORENCIO B. ABAD, in his capacity as Secretary of the Department of Budget and Management, et al., Respondents. x-------------------------------------------------x MANUELITO R. LUNA, Petitioner, -versus- GR No. 209136 Secretary FLORENCIO B. ABAD, in His official capacity as Head of the Department of Budget and Management, et al., Respondents. x-------------------------------------------------x Atty. JOSE MALVAR VILLEGAS, JR., Petitioner, -versus- GR No. 209155 Executive Secretary PAQUITO N. OCHOA, JR., et al., Respondents.
 
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x------------------------------------------------x PHILIPPINE CONSTITUTION ASSOCIATION, represented by Dean Froilan M. Bacungan, et al., Petitioners, -versus- GR No. 209164 DEPARTMENT OF BUDGET AND MANAGEMENT and/or Secretary FLORENCIO B. ABAD, Respondents. x-------------------------------------------------x INTEGRATED BAR OF THE PHILIPPINES, Petitioner, -versus- GR No. 209260 Secretary FLORENCIO B. ABAD of the Department of Budget and Management, Respondent. x--------------------------------------------------x GRECO ANTONIOUS BEDA B. BELGICA, et al., Petitioner, -versus- GR No. 209442 President BENIGNO SIMEON C. AQUINO III, et al., Respondents. x---------------------------------------------------x CONFEDERATION FOR UNITY, RECOGNITION AND ADVANCEMENT OF GOVERNMENT EMPLOYEES, Represented by its 1
st
 Vice President, Santiago Dasmarinas, Jr., et al., Petitioners, -versus- GR NO. 209517 His Excellency BENIGNO SIMEON C. AQUINO III, President of the Republic of the Philippines, et al., Respondents. x------------------------------------------------x
 
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VOLUNTEERS AGAINST CRIME AND CORRUPTION, represented by Dante LA. Jimenez, Petitioner, -versus- GR No. 209569 Hon. PAQUITO N. OCHOA, JR., Executive Secretary, et al., Respondents. x-------------------------------------------------x
 MEMORANDUM
PETITIONERS IN GR NO. 209287 (ARAULLO PETITION)
, through counsel, to this Honorable Court most respectfully aver:
STATEMENT OF FACTS
While the country was still preoccupied and reeling with the effects of the billions-worth scandal involving the Priority Development Assistance Fund (PDAF) – already declared unconstitutional by the Supreme Court due to, among others, the post-budget enactment interference by members of Congress – aseemingly innocuous yet similarly questionable budgetary  practice in the process was unintentionally unmasked: the so-called Disbursement Acceleration Program (DAP). On August 5, 2013 during the official budget deliberation of the Development Budget Coordination Committee (DBCC) and the Department of Budget Management (DBM) Rep. Neri Colmenares of Bayan Muna Party-list inquired from the DBM Secretary, Respondent Florencio Abad about the nature of the DBM National Budget Circular No. 541 (NBC 541 hereafter). Sec. Abad informed the Appropriations Committee that NBC 541 is intended to accelerate disbursement under a then unknown DAP by withdrawing unobligated allotments from “under-spending” agencies. When asked by Rep. Colmenares whether NBC 541 is constitutional considering that it authorizes withdrawal of funds midyear and realigns it to other projects, Sec. Abad maintained that it is only intended to be realigned for existing projects anyway. He further stated that if the withdrawn funds will be spent on projects not contained in the General Appropriations Act then indeed it would be unconstitutional.

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