FILE PHOTO: Supreme Court En Banc (UNTV News)
MANILA, Philippines – The Supreme Court (SC) has released its final ruling on the motion for reconsideration filed by the Office of the Solicitor General to change its first ruling on declaring the unconstitutionality of the acts and practices under the Disbursement Acceleration Program (DAP).
It has emphasized its first decision on July 1, 2014 citing that generating funds and savings from implementing agencies and declaring it as savings even before fiscal year ends violates Section 25, Article 6 of the 1987 Constitution as well as the separation of power between the branches of the government.
Supreme Court also reiterated that transferring of funds from one department under the executive department to another department, which is not under the administration or the cross border transfer of savings is against the law.
However, the dispositive portion of the court’s July 1, 2014 decision is partially-modified making the administration’s motion for reconsideration partially-granted.
Item C declaring the funding of projects, activities and programs that were not covered by any appropriation in the General Appropriations Act as unconstitutional has been removed in the February 3, 2015 dispositive portion.
According to Supreme Court Spokesperson Atty. Theodore Te, this portion has been reconsidered by the Supreme Court.
“Their previous ruling which required specific classes has been reconsidered. SC said as long as there is an item and budget, it is allowed,” he said. (Victor Cosare, UNTV News)