On the Disbursement Acceleration Program

Atty. Oliver Garcia - Tau Kappa Phi

There is no constitutional crisis. There is already fusion of powers.

The President is the minion of good governance, improved quality of living and so much more. He alone is responsible to the people when he failed to provide them that and more. As such, the President must be given some latitude of discretion on how to respond to the needs of the people. But that latitude should not be ENDLESS, UNRESTRICTED, BLANKET AND UNBRIDDLED.

Some of the DAP FUND appeared to be accumulated, unreleased and withheld budget duly approved by congress for particular projects or undertaking under the general appropriation fund intended in areas the elective officials of which are from the opposition.

Thereafter, it was realigned to fund different undertakings (which are based on the vague listings later on issued) that are mere regular item budget under the guise of acceleration save that portion (a valve) reservable to allied legislators (just like pork barrel).

 The approval of appropriation fund is legislative in nature. Only congress through the passage of a law has the power to approve it.

 In the case of DAP, the President became unscathed, unrestrained, and undisturbed on how to approve and allocate the fund thus withheld. And when unearthed and declared unconstitutional, he claimed it otherwise.

Without need of declaring martial law, there is here fusion of powers of the three branches of the government all at the mercy of one head who upon taking his oath of office do solemnly swore and decreed to obey and uphold the constitution.

As his boss, I admire him. He just did what others cannot. He is a jack of all trades doing everything alone. He doesn’t need the congress much more the judiciary. But I have to imposed disciplinary action on him for insubordination and attitude problem due to stubbornness and neglect of duty. Of course i will observe the twin requirements of due process under the administrative code.

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