The President on DAP, cross-border transfers, and the Supreme Court during his Mabini 150 speech

During his speech on the commemoration of Apolinario Mabini’s 150th birth anniversary, President Benigno S. Aquino III recalled three of Mabini’s most important political ideologies, one of which is the exigency of the Executive Branch to act upon the needs of its people.

This ideology, when put in a contemporary light, is the primary motivation behind the Disbursement Acceleration Program (DAP). The President further recounts the benefits brought to the people by the program, together with its constitutionality, the Supreme Court’s own history of conducting cross-border transfers, and the administration’s hope for the success of its motion for reconsideration submitted to the Supreme Court.

President's points

• Main objective of DAP
• Benefits of DAP  
• On the legal basis of DAP
• On cross-border transfers and the judiciary
• On the separation of powers

MAIN OBJECTIVE OF DAP

-designed to deliver benefits to citizens as quickly as possible.

-maximized public spending in order to provide immediate assistance and alleviate suffering

-done in the service of the Filipino people.

BENEFITS OF DAP

Education: DAP financed the education of 223,615 TESDA scholars, 66% of which already have gotten jobs following their training. The rest are being assisted by TESDA in finding employment.

Disaster risk reduction: DAP financed the DREAM-LiDAR project under Project NOAH, providing the public with exact and reliable information on flooding during typhoons. Now, the government is able to release warnings at least 6 hours before typhoons hit.

Tourism: 66 of the 202 roads leading to priority destinations in the country were funded through DAP. These roads allow tourists to travel the country more easily, thus boosting the industry.

ON THE LEGAL BASIS OF DAP

-DAP was implemented with sound legal basis. Such executive powers are outlined in Sections 38, 39, and 49 of the Administrative Code of 1987, which is in line with the Constitution.

-Previous administrations also implemented similar programs

ON CROSS-BORDER TRANSFERS AND THE JUDICIARY

-Even the Supreme Court’s history shows examples of intent of cross-border transfers.

-In July 2012, the Supreme Court earmarked its savings—amounting to 1.865 billion pesos—to augment the budget for the Manila Hall of Justice
- Also in 2012, the Supreme Court wrote to the Executive Branch, requesting the transfer of 100 million pesos, intended for the Manila Hall of Justice, to the Malabon Hall of Justice

-They only withdrew this request at the height of the DAP issue.

ON THE SEPARATION OF POWERS

-It is clear that the intended transfers occurred not because the Executive Branch offered help, but because other branches asked for assistance. Because the projects were for the benefit of the Filipino people, it was deemed right to provide assistance.

-The President quoted Abraham Lincoln: “You can please some of the people some of the time; all of the people some of the time; some of the people all of the time; but you can never please all the people all the time.”

-in the Supreme Court’s decision on DAP, the implementors now have to be the ones to prove their good faith, as though they are already presumed guilty.
-Now, each time an official is faced with a decision, he has to consider whether it will be deemed wrong in the future. How can anyone pass standards that have not yet been established?

QUESTIONS

1. Do you agree with the allegations of the Supreme Court towards PNoy or do you agree with PNoy's alibi? Why?

2. Do you believe that the DAP is currently in the right hands? Should the DAP be abolished?

Source:
http://www.gov.ph/2014/07/23/for-the-record-the-president-on-dap-cross-bord...