DAP: Presidential unconstitutional act as impeachable offense

• Main Authors: Quintana, Irish May D., Taongan, Shalimar Hillary P.
• Format: text
• Language: English
• Published: Animo Repository 2014
• Subjects: Aquino, Benigno Simeon Cojuangco, 1960- > Impeachment; Disbursement Acceleration Program (Philippines); Philippines > Appropriations and expenditures; President/Executive Department
• Online Access: https://animorepository.dlsu.edu.ph/etd_bachelors/5657
• Institution: De La Salle University

Out of office: a Presidential Unconstitutional Act as an Impeachable Offense is a thesis that tackles on the impeachment claims against President Benigno Aquino III following the declaration of the Supreme Court on July 2014 that the Disbursement Acceleration Program (DAP), which was approved and implemented by the President, is partially unconstitutional. This paper aims to examine the legal merits of the impeachment claims against PNoy based on the grounds of culpable violation of the constitution and Betrayal of public trust.The acts under DAP which were declared unconstitutional included: (1) the withdrawal of unobliged funds from implementing agencies and declaring them as savings (2) the cross-border transfers of the savings to offices outside the executive and, (3) the funding of projects not covered by the General Appropriations Act. The proponents of this research delved into the definition of the grounds of culpable violation of the constitution and betrayal of public trust based on the records of the 1986 Constitutional Commission and related materials. The facts and circumstances with regards to the implementation of DAP have been analyzed alongside the history of impeachment in the Philippines and related jurisprudence in the United States.";"The fund scheme in DAP clearly violates Section 25(5), Article VI of the 1987 Constitution and the doctrine of separation of powers as it allows the president to control the appropriation of public funds to other agencies without the approval of Congress. The timeliness of the release of the DAP funds coincide with the circumstances surrounding the alleged political motives of the Aquino Administration, especially pertaining to the Corona impeachment.The proponents aver that the implementation of DAP constitutes culpable violation of the constitution on the basis of the President's decision to transgress the law despite apparent knowledge of the law. The wide range of acts covered by betrayal of public trust makes DAP qualify for such ground because of the degree of perversity exhibited by the unconstitutional act itself and the amount of public funds worth P144 Billion misappropriated. Impeachment, though regarded as a political exercise, is a tool which protects our democracy. A president who has committed a violation of the Constitution should be held accountable. Impeachment should always be open to hear the critical issues about the President to assist the country in its search for better leaders."