Pdp Case Study

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August 23, 2014 President Benigno Aquino III 1000 Jose P Laurel Sr, Manila Malacañang Complex, Address Dear President Aquino: Your action as President of the Philippines together with the Department of Budget Secretary in allowing the release of the Disbursement Allocation Program Funds violated the Constitution. The Disbursement Allocation Program (DAP) is unconstitutional based on the following grounds: A. It violates Section 29, Article VI of the 1987 Constitution B. All executive issuances implementing the DAP violate Section 25(5), Article VI of the 1987Constitution in so far as: 1. The act of transferring funds prior to the end of the fiscal year— Only “actual savings” may be transferred from one budget item to another item in the…show more content…
The provisions of the PDAF allow legislators to exercise authority in the implementation and enforcement of the budget after its enactment, unrelated to congressional oversight confined to scrutiny and investigation. The enforcement of the national budget is indisputably a function assigned and entrusted to the Executive branch of the government by virtue of the Constitution. The Legislative department therefore should not intrude in implementing the national budget. The DAP, like the PDAF, involved the implementation of the national budget but was used as a means to allow the Executive to intrude into the legislative budgetary process. DAP allows the executive branch of the government to independently determine what should be a congressionally determined budget. It effectively allows two branches of the government to share powers which are envisioned by the Constitution to be exclusive prerogatives of each department, contrary to the system of checks and balances and accountability. 3. Informal practices in the execution of the…show more content…
As for the liability of the recipients of DAP funds, they are liable for graft. DAP constituted an unauthorized release of funds which are considered illegal under the anti-graft law. All government officials responsible for the implementation of the program should be held accountable. Such recipients must not be excused by reason of the lack of knowledge on the nature of the program and they must return the amounts disbursed if they could not provide for material evidences on where such funds

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