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The online news portal of TV5
MANILA - For lack of merit, the Supreme Court (SC) on Tuesday dismissed a petition seeking the prosecution of President Aquino and other authors, proponents and implementors of the Priority Development Assistance Fund (PDAF) and the Disbursement Acceleration Program (DAP), which were both declared unconstitutional by the High Tribunal.
The SC Public Information Office chief, Atty. Theodore Te, said that, aside from lack of merit, the Court en banc ruled that the "acts sought to be compelled by petitioners, such as compel the Ombudsman to cause the investigation, prosecution and/or suspension of all those liable in connection with the pork barrel and the DAP, are not ministerial acts but discretionary acts."
The petitioners are the President's aunt, Margarita "Tingting" Cojuangco, former Manila City councilor Greco Belgica, Bishop Reuben Abante, Quintin San Diego, Jose Gonzales and lawyer Glenn Chong.
Named respondents in the plea, aside from the President, are Department of Budget and Management (DBM) Secretary Florencio Abad, the Senate and the House of Representatives.
Te said the petitioners also failed to show that there is enough cause to warrant the issuance of a mandamus, adding that a mandamus is only issued when there is a showing that a clear, legal right to the act demanded exists, that respondent has the duty to perform the act because it is mandated by law, that respondents unlawfully neglects the performance of such duty required by law and that the act to be performed is ministerial, not discretionary.
The petitioners have asked the SC to compel the Ombudsman to cause the investigation, prosecution and/or suspension of all those liable in connection with the use of the PDAF and the DAP.
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