Thursday, October 10, 2013

Disbursement Acceleration Program


03 October 2013

It seems that my sixth sense is still working, because my initial “inkling”, early on, as to the direction the commentaries regarding the PDAF were being spun by some– though somewhat super discreetly - turned out to be, as far as I’m concerned, correct.
As I feared, the ultimate objective of these personalities/groups is the degradation of the President, and the proof is that he is now sued with the ombudsman, for impeachment and for plunder. And this is the reason why early on, in previous articles, I expressed my rather unsolicited cautionary reminder to the good intentioned citizens/netizens, similarly angered by the PDAF scams, that “the President is not the enemy.”
Well, it’s not that I’m worried that this seeming “fifth column” would succeed in their wicked intentions. I do not think so…not with the questionable personalities that they use, and the discredited resource persons they tap, to pursue their ends. It is more of the pique that imperfect mortals like me usually undergo from time to time but “let go off” after a while. And, by the way, the impeachment and plunder charges against the President was negatively reacted to in the social media,
But before I proceed, I would like to stress that I do recognize the ways of our kind of democracy, and very much aware, as well, of Section 4 of Article III (Human Rights) of the 1987 Constitution –which applies to all bonafide citizens of the Philippines. And, as such, I believe that the sanctity of the “freedom of expression” makes equal the intrinsic value of every citizen’s opinion.
Now, back to my “inkling.” Well, the way I remember it, this hullaballoo was triggered by the fortuitous falling out of Janet Napoles and her cousin Benhur Luy, and for which he was illegally detained by Napoles and her brother Reynald, but later on rescued by the NBI upon the request of his parents. This led to his expose’ on Napoles’ PDAF scam, which was brought to the attention of the public through an investigative report based on interviews with Luy (then under the protective custody of the NBI), other whistle blowers, and sworn affidavits that they submitted.
The report which was published in six parts that ran from July 12 to July 17, 2013 in one of the major broad sheets implicated five senators and twenty three congressmen in a scam that siphoned off P10 billion PDA Funds with the use of bogus NGOs and ghost projects. And this triggered calls for a probe by some senators.
The public’s anger was later on fanned further by the release on August 16 of the COA Special Audit Report for the 2007 – 2009 PDAF, which somehow validated the whistle blowers’ expose’ and which this time specifically identified three senators and some congressmen that requested the transfer of their funds (worth hundreds of millions of pesos) to NGOs identified with Napoles.
This development also prompted the President to suspend on Aug 20 the release of the balance of the 2013 PDAF. He however also announced his inclination (because of its equalizing effect in terms of delivering assistance and small infrastructure projects to the countryside) to retain the system and just install additional controls to prevent its manipulation by corrupt legislators.
But other groups however insisted for a total abolition of the pork barrel system to which the President and the House of Representatives eventually acceded by eliminating the P25-plus billion PDAF from the 2014 GAA that’s currently being subjected to hearings in the house. The said fund was distributed directly to implementing agencies (e.g. DPWH, DOH, DepEd, etc.), but the congressmen however retained the option of being able to recommend some projects.
While this was going on, an online call for a protest on August 26 against the PDAF/pork barrel system snowballed and culminated in gathering a combined total of about a hundred thousand participants in the Luneta, as well as in some major cities in the country and abroad. Already noticeable by this time was the seeming focus on the abolition also of what they term as the President’s pork barrel, in spite of his effort to explain the logic of, and need for, a lump sum (and discretionary) fund in his particular case.
Meanwhile, Napoles was ordered arrested August 15, for charges of alleged serious illegal detention of Benhur Luy, but went on hiding. And it was only after President Noynoy announced, on August 28, a P10 million reward for her arrest that she emerged to voluntarily surrender to him on August 29. This was also the day that the Senate Blue Ribbon Committee started its probe of the P10 billion Napoles PDAF scam.
After a few days, on Sept 10, the Supreme Court, based on petitions made earlier by two losing senatorial candidates issued a TRO against the release of the balance of the 2013 PDAF. Then on September 16, the Department of Justice filed before the Ombudsman plunder and malversation charges against Napoles, Senators Revilla, Estrada and Enrile together with 34 others.
At this point, I notice the hopeless effort of the “fifth column” being sustained at high gear, while the three identified senators seem to be drawn deeper into the pit of the scandal as the Senate Blue Ribbon Committee members continued their probing of their “witnesses” particularly the whistle blowers.
Then, Senator Jinggoy Estrada, in defense, came up with his by now controversial privilege speech and raised the issue (while displaying a letter that up to now everyone’s curious to see the contents) about an alleged P50 million amount he seemingly connects to the trial of impeached Chief Justice Corona, but which he later, during interpellation, said was not a bribe.
And thus, the item called the Disbursement Acceleration Program was born to the public. And as the DBM struggled to explain the DAP, those that ever since (from my point of view) found fault with the President, particularly the “fifth column” minions, didn’t waste any time in seizing this, for them a golden opportunity, to use in degrading the President. But as I earlier mentioned, I don’t think they’ll succeed…not with their questionable attack dogs, nor their discredited resource personalities.
Now, why do I have such views, and where do I base it? Well, the views I express are formed from information that can be gleaned from the environment that most ordinary people are exposed to, i.e. the tri-media, the social network, and friends from various walks of life.
Like for instance, I chanced upon a radio program (while riding with a friend one early evening going east of Manila for an overnight business engagement) I heard for the first time and where two persons, my engineer friend termed as monkeys, kept on using what seemed to me twisted logic to put a cabinet member’s comments regarding the DAP in a bad lite. Of course, they were having a good time because there was no rebuttal from the person they were victimizing. I also learned that my friend considers the two as monkeys because they always “monkey around” in treating even very serious matters during their program.
On our way back early morning, we were again listening to the same station, and he informed me that the person we were listening to was one of the monkeys the previous evening, and he was this time interviewing a former NEDA secretary (now with the academe) who was objectively explaining the origin of what was by that time already known as DAP. Later in the morning another person interviewed was another academician who is well acknowledged for her anti-PNoy stance. And what I found amusing later on during that early evening news, as I was being brought to where I parked my car, was that only the sound bite of the anti-PNoy academician and others like her (a priest and a politician) were used in the news, and, the thrust was that of the illegality of of the DAP.
The other day, while driving to another meeting, I tried listening to my friend’s radio station where I chanced upon Secretary Lacierda being interviewed and in the process of explaining the legality and basis of the DAP. He mentioned Article VI, Section 25, Sub-Sec. 5 of the 1987 Philippine Constitution, and Sections 39 & 49 of Chapter 5, Book 6 of the 1987 Administrative Code, which I accessed and am posting here for the consumption of the reader, and for him/her to form a conclusion as to the legality of the DAP (without having to rely on the interpretation of others).
Article VI, 1987 Constitution of the Republic of the Philippines
Section 25, Sub-section (5): No law shall be passed authorizing any transfer of appropriations; however, the President, the President of the Senate, the Speaker of the House of Representatives, the Chief Justice of the Supreme Court, and the heads of the Constitutional Commissions may, by law, be authorized to augment any item in the general appropriations law for their respective offices from savings in other items of their respective appropriations (http:// www.chanrobles.com/article6.htm)

E.O. No. 292, Administrative Code of 1987, Book VI –National Government Budgeting
Section 39. Authority to Use Savings in Appropriations to Cover Deficits. – Except as otherwise provided in the General Appropriations Act, any savings in the regular appropriations authorized in the General Appropriations Act for programs and projects of any department, office or agency, may, with the approval of the President, be used to cover a deficit in any other item of the regular appropriations: provided, that the creation of new positions or increase of salaries shall not be allowed to be funded from budgetary savings except when specifically authorized by law: provided, further, that whenever authorized positions are transferred from one program or project to another within the same department, office or agency, the corresponding amounts appropriated for personal services are also deemed transferred, without, however increasing the total outlay for personal services of the department, office or agency concerned.

Section 49. Authority to Use Savings for Certain Purposes. – Savings in the appropriations provided in the General Appropriations Act may be used for the settlement of the following obligations incurred during a current fiscal year or previous fiscal years as may be approved by Secretary in accordance with rules and procedures as may be approved by the President:
 (9) Priority activities that will promote the economic wellbeing of the nation, including food production, agrarian reform, energy development, disaster relief, and rehabilitation.
(http://philippinelaw.info/statutes/eo292bk6-administrative-code-of-1987-book-vi-national-government-budgeting.html)


Comments/reactions will be appreciated and can be sent through this writer’s email (sl3.mekaniko @gmail.com) or through this writer’s blog (http://mekaniko-sl3.blogspot.com).

No comments:

Post a Comment