[AJA Global Report] Pork Barrel Senators Under Police ‘Custody’

From left to right: Sen. Jinggoy Estrada, Sen. Juan Ponce Enrile, Sen. Ramon Revilla Jr. (Photo: solarnews.ph)

Former Senate President and Senate minority leader Juan Ponce Enrile turned himself in to the Philippine National Police last July 4, 2014 after the Fifth Division of the Sandigan Bayan ordered for his arrest over plunder charges in connection with the P10-billion pork barrel scam.

Two weeks before, Senators Ramon Revilla Jr. and Jinggoy Estrada were also detained in the Philippine National Police Custodial Center at Camp Crame in Quezon City for the same charges.

Enrile, Revilla and Estrada together with businesswoman Janet Napoles and five others were charged with plunder before the Office of the Ombudsman last June 6, 2014 after they allegedly earned a total of P581 million in kickbacks through the diversion of pork barrel funds to ghost foundations from 2004 to 2012.

Pork barrel is a more common term for the Priority Development Assistance Fund which is allocated to lawmakers and other elected officials to fund projects and programs in their respective districts.

The Office of the Ombudsman said Enrile amassed more than P172 million from 2003 to 2010. Revilla, on the other hand, earned around P224 million from 2006 to 2010 while Estrada was said to have collected around P183 million in commissions from 2004 to 2012.

The indictment of the three senators is the second high profile case that the administration of President Benigno Aquino has brought before the court in bid to stop corrupt practices.

In May of 2012, Supreme Court Chief Justice Renato Corona was impeached and removed from office after he was found guilty of betraying the public trust and committing culpable violation of the constitution.

: Protesters display placards during a rally outside the Philippine Supreme Court to await its decision on the constitutionality of the Disbursement Acceleration Program or DAP. And the Supreme Court ruled that the DAP is partially "unconstitutional." (Photo: AP/Bullit Marquez)

Supreme Court Declares Dap Unconstitutional

In a vote of 13-1-0 last July 1, 2014, Supreme Court justices declared as unconstitutional President Benigno Aquino’s Disbursement Acceleration Program or DAP.

The DAP is said to be the brainchild of the Department of Budget and Management or DBM. In its website, DBM defined DAP as, “a stimulus package under the Aquino administration designed to fast-track public spending and push economic growth. This covers high-impact budgetary programs and projects which will be augmented out of the savings generated during the year and additional revenue sources.”

The high court, in a ruling penned by Associate Justice Lucas Bersamin, declared the program illegal and unconstitutional for being in violation of the Constitution and the doctrine of the separation of powers.

The acts declared as illegal and unconstitutional are as follows:

a. The withdrawal of unobligated allotments from implementing agencies, and the declaration of the withdrawn unobligated allotments and unreleased appropriations as savings prior to the end of the fiscal year and without complying with the statutory definition of savings contained in the General Appropriations Acts.

b. The cross-border transfers of savings of the Executive to augment the appropriations of other offices outside the executive.

c. The funding of projects, activities and programs that were not covered by any appropriationin the General Appropriations Act.

In the ruling, it says that, “the court further declares void the use of unprogrammed funds despite the absence of a certification by the National Treasurer that the revenue collections exceeded the revenue targets for non-compliance with the conditions provided in the relevant General Appropriations Acts.”

Senator Jinggoy Estrada, now detained at the Philippine National Police for plunder charges in connection with the P10-billion pork barrel scam said heads must roll and the country’s budget officials should be held accountable.

Estrada was the one who exposed DAP during a privilege speech in the Senate.

Malacanang Palace, in its defense released a statement saying that DAP was created in ‘good faith’ to spur economic growth.

Philippine President Benigno defended the Government's position in the now controversial Disbursement Acceleration Program (DAP) or the alleged funding of programs by the government from its savings which was ruled as unconstitutional by the Philippine Supreme Court recently. (Photo: AP/Bullit Marquez)

President Aquino Turns Down Resignation of Top Budget Offcial

After the Supreme Court ruled that the Department of Budget and Management’s Disbursement Acceleration Program or DAP was illegal and unconstitutional, Budget Secretary Florencio Abad offered his resignation to President Benigno Aquino III.

But the President was quick to turn down Abad’s resignation saying he rejected it to avoid any assumption that Abad was doing something wrong.

In a speech last July 11, 2014 during the 2015 Budget presentation at Malacanang, President Aquino explained what happened.

“Yesterday Secretary Abad gave me a letter tendering his resignation from the Cabinet and I have considered the same, and I have decided not to accept his resignation and let me explain why,” the President said.

“The current atmosphere of negative views about the Disbursement Acceleration Program is bad for our people. Even our most vociferous critics grant that DAP has benefited our people. To accept his resignation is to assign to him a wrong and I cannot accept the notion that doing right by our people is a wrong. Therefore I have decided not to accept his resignation and I think the whole Cabinet should be aware of this,” Aquino said.

Abad is currently facing a plunder complaint before the Office of the Ombudsman for in connection with DAP.

By Stephanie Ongkiko, The Philippines, AJA Global Reporter