Tuesday, July 8, 2014

SC decision on DAP; dispositive part.

See -
G.R. Nos. 209287, 209135, 209136, 
209517 & 209569  - dated July 1, 2014.

"x x x.

WHEREFORE, the Court PARTIALLY GRANTS the petitions for certiorari and prohibition; and DECLARES the following acts and practices under the Disbursement Acceleration Program, National Budget Circular No. 541 and related executive issuances UNCONSTITUTIONAL for being in violation of Section 25(5), Article VI of the 1987 Constitution and the doctrine of separation of powers, namely: 

(a) The withdrawal of unobligated allotments from the implementing agencies, and the declaration of the withdrawn unobligated allotments and unreleased appropriations as savings prior to the end of the fiscal year and 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 the savings of the Executive to augment the appropriations of other offices outside the Executive; and 

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

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


x x x."