National Address of President Aquino on the Supreme Courts decision on DAP

Published: July 14 !"14#

National address
of
$is %&cellency 'eni(no S# Aquino )))
President of the Philippines
*n the filin( of a +otion for ,econsideration on the Supreme Courts decision on
Disbursement Acceleration Pro(ram -DAP.
/Deli0ered at +alaca1an Palace on July 14 !"142
3o my belo0ed countrymen my bosses#
) as4ed for this opportunity to spea4 to you today to e&plain a fe5 points re(ardin(
the Supreme Court decision on DAP#
6irst of all: 7hat 5as the situation 5hen 5e came in8
7hen 5e assumed office last June !"1" the !"1" bud(et 5as still in effect and 5e
li4e5ise inherited the proposed !"11 bud(et# *f the 1#94 trillion pesos set aside for
the (o0ernment for the 5hole of !"1" only 1"" billion:or ;#9 percent:5as left for
the remainin( si& months of the year# <ou really ha0e to 5onder: 7here did the money
(o8
<ou may also remember anomalous pro=ects li4e the dred(in( of >a(una >a4e 5here
5e 5ere supposed to pay 1?#@ billion pesos =ust to play 5ith mudA or the B*CCs that
(a0e a5ay e&orbitant bonuses to its officials and employees e0en if they 5ere already
operatin( at a loss#
)t is clear that corruption 5as endemic in the bud(etin( system of the past# 7e made
sure to e&cise all of that:5e cancelled anomalous pro=ects 5e corrected the
(o0ernance of B*CCs and 5e be(an to end all the slei(ht of hand 5ith the peoples
money# 3hrou(h CeroD'ased 'ud(etin( only pro(rams that 5ould truly benefit
citiEens 5ould be (i0en fundin(# 7ith this method there is no room for continuin(
appropriations 5hich 5as one of the reasons 5e had such a complicated
bureaucracyA 5hy there 5ere so many opportunities for corruptionA and 5hy there
5ere pro(rams that fed the poc4ets of a fe5 thus depri0in( benefits from the rest of
the nation#
Althou(h it 5asnt our intention fi&in( the bud(etin( process stalled the public
sectors contributions to the economy# 'ecause of underspendin( our BDP 5ent
do5n# )f 5e 5ere to loo4 at this as an irri(ation system: 7e 5ere left 5ith lea4y
canals that let too much 5ater out# 7e first had to ma4e made sure to seal those
crac4s in the system so 5e do not 5aste any more 5ater and ma4e the entire
mechanism more effecti0e# And because there 5ere =ust too many crac4s in the
channels 5e couldnt brin( enou(h 5ater to certain crops 5ater they needed to
flourish#
7e carefully studied the situation# 7e disco0ered that there 5ere departments that
5ere able to implement pro=ects quic4ly and efficiently usin( the funds (i0en them
because they immediately streamlined their system# 3here 5ere also a(encies that
5ere in the process of e&aminin( their system 5ith an eye to5ard fi&in( fla5s to
ensure that the peoples money 5ouldnt be 5asted# 'ut naturally time didnt stop as
all this 5as (oin( onA there 5ere a(encies that understood that they 5ouldnt be able
to use funds appropriated for the year to5ard pro=ects for the people# So the question
then 5as: 7hat do 5e do 5ith the funds 5e ha0ent yet touched8
Allo5 me to clarify the meanin( of sa0in(s in (o0ernment# At home dont 5e see
sa0in(s as somethin( positi0e8 6or e&ample if you are able to buy meat at a
discount then you can (et more in(redients#
)n the case of (o0ernment sa0in(s has a much more comple& meanin(# At times
sa0in(s are 5elcome such as in the case of DP7$ 5here throu(h correct and
strin(ent measures for biddin( and procurement 5e 5ere able to sa0e o0er !; billion
pesos# 3here are instances ho5e0er 5hen sa0in(s spell somethin( ne(ati0e for our
countrymen# %0ery year the %&ecuti0e branch submits to the >e(islature a list of
priority pro(rams acti0ities and pro=ects that need fundin(# *nce enacted into la5
the bud(et must be spent 5ithin the year of allocation# And if funds for certain
pro(rams are not spent as they should ha0e been clearly our countrymen did not
(ain 5hat they should ha0e# Did this not redound to a disad0anta(e for our
countrymen8 7hat this means is that e0ery time there are sa0in(s such as this e0ery
time funds remain unspent 5hen they should ha0e been spent our 'osses are
depri0ed of a benefit#
7ithout doubt any (ood leader 5ould 5ant to implement pro=ects that benefit the
public at the soonest possible time# ) do not see any reason to delay benefits for our
countrymen especially because 5e ha0e the 5here5ithal to alle0iate their pli(ht# )t is
clear that if you delay the benefits due them you prolon( the sufferin( of the 6ilipino
people#
*ur strate(y to meet our obli(ations: the Disbursement Acceleration Pro(ram or
DAP# 3his is the second matter that ) 5ish to discuss toni(ht#
DAP is not a pro=ect:it is an efficient 5ay of spendin( the bud(etA it follo5s the la5
and adheres to the mandate (ranted to the %&ecuti0e 'ranch# 7e did this to properly
allocate funds and by so doin( ma&imiEe the benefits that the people may recei0e#
$o5 did DAP start8 $ours before deli0erin( my S*NA in !"11 ) 5as (i0en a
pro(ress report by all (o0ernment departments# ) 5as ta4en abac4 by certain
information (i0en to us#
6or instance: Accordin( to Dep%d out of the ?""" school buildin(s that they had
tar(eted to build they 5ere only able to complete 1?# 3o be honest Dep%d had tried
its best but they faced a number of concerns:problems 5ith land assessment issues
as 5ell as the comple& processes in our bureaucracy# 3his is 5hy 5e as4ed them
directly: Can you still meet your tar(et in the remainin( fi0e months of the year8 3hey
responded to this candidly: F7e are doin( all that 5e can but 5e can only build three
to four thousand classrooms until the year closes# 7e 5ill ha0e to build the remainder
ne&t year#G 3hus 5as the story: Despite the many setbac4s that the a(ency had to
face Dep%d deli0ered# And no5 5e ha0e eliminated 5hat 5e inherited:a bac4lo( of
;;?"" classrooms#
3he sitio electrification pro(ram is another pro=ect that 5as successfully implemented
throu(h the efficient use of sa0in(s# )n !"1! our tar(et 5as to ener(iEe 4"9H sitios#
3he bud(et had allotted H#?@ billion pesos for this# And because of the speedy and
efficient implementation of this pro=ect the National %lectrification Administration
requested more funds to li(ht up an additional !11" sitios# 3hrou(h DAP in !"1!
1#!;4 billion pesos 5ere made a0ailable to electrify a total of ;1;H sitios:out of the
H;""" that 5e need ener(iEe#
)s it not ri(ht that funds that had been other5ise left unused 5ere utiliEed for
pro(rams that had pro0en effecti0e so that tar(ets can be met and the benefits to the
people can ensue at the soonest possible time8 Another ad0anta(e of this system:
Pro=ects that 5ere temporarily suspended for a (i0en year 5ould not ha0e to compete
for fundin( 5ith the other finished pro=ects in the follo5in( year# 3his is clearly a 5inD
5in situation#
No5 lets tal4 about a(encies such as the National )rri(ation Authority or the N)A#
7hen ) spo4e at their anni0ersary they proudly stated that they had doubled their
performance in meetin( tar(ets for rehabilitation and reconstruction# >oo4in( at the
numbers ho5e0er 5e see that for the past ten years they0e performed 5ell belo5
tar(et:tar(ets that they set for themsel0es# 7e all 4no5 that its much easier to hide
corruption throu(h repairs rather than throu(h ne5 pro=ects 5here the question
simply becomes: )s it there or isnt it8 6or e&ample: Can 5e see the ne5 irri(ation
canals or cant 5e8
3he N)As administrator bac4 then also e&plained 5hy after achie0in( an ?@ percent
accomplishment rate for irri(ation pro=ects in !"11 the accomplishment rate dropped
to ;9 percent in !"1!# 3heir e&cuse: 4" percent of the pro=ects 5ere in +indanao and
5as thus affected by 3yphoon Pablo# >et me remind e0eryone: 3yphoon Pablo hit
+indanao in the first 5ee4 of December !"1!# 7e as4ed 5hat reasons did they ha0e
to push the completion of +indanao pro=ects to the last three 5ee4s of !"1!8 *n top
of this remember that there are fe5er 5or4days durin( Christmas and Ne5 <ears#
)ncredible isnt it8 ) dont thin4 anyone 5ould a(ree 5ith this style of mana(ement
and 5e cant let such attempts to fool us pass# 7e0e since replaced the said N)A
administrator#
*ur aim is to not prolon( the implementation of pro=ects# 3he Cabinet a(reed
re(ardin( their respecti0e funds: Ise it or lose it# )f you cannot use the funds allotted
for this year clearly those are sa0in(s# 7e are (i0en the chance to e&tend at the
soonest possible time those benefits that ha0e immediate impact to our 'osses# )n this
5ay benefits that may ha0e been delayed are replaced by other benefits# >et us also
remember that the (o0ernment is at a deficit: 7e ha0e to borro5 funds for our
pro=ects# )f 5e allo5 funds to (o unused then 5e 5ould be payin( interest for
nothin(# 3he people clearly ha0e nothin( to (ain from this setup#
3he Supreme Courts decision questions our use of sa0in(s and raises concerns on
5hen 5e can use unpro(rammed funds# 3hey 5ant sa0in(s declared only at the H1st
of December of each year# )f that 5ere the case 5hen 5ould the (o0ernment be free
to utiliEe these funds8 6ollo5in( their lo(ic on sa0in(s pro=ects that could ha0e been
funded in the middle of the current year 5ould ha0e to be delayed until the follo5in(
year#
7e also ha0e a list of pro=ects that 5ould only be funded if (o0ernment e&periences a
5indfall in earnin(s 5hich are referred to as unpro(rammed funds# 7ith the Supreme
Courts decision benefits 5ould be delayed because it 5ould ta4e until +arch of the
follo5in( year to fulfill all the requirements re(ardin( these fundsA on top of this it
5ould all then ha0e to (o throu(h another four to si& months of biddin( and
procurement# )f you file a report in +arch it 5ould be September of the follo5in(
year by the time all of these processes are done# All in all almost t5o years 5ould
ha0e passed before the benefits of funds 5ould redound to the people#
7hat are the implications of this8 7e ha0e pro(rams for the relocation of informal
settlers to safer places# )n the system the Supreme Court is orderin( us to brin( bac4
it mi(ht ta4e t5o more rainy seasons before 5e are able to relocate our countrymen#
>et us remember: about t5enty typhoons come our 5ay each year# )s it ri(ht to as4
those li0in( in haEardous areas to =ust lea0e e0erythin( to prayer8
+y conscience cannot bear this# ) cannot accept that our countrymen 5ill be e&posed
to dan(er because ) let the process of brin(in( them assistance be unduly e&tended#
>et us remember: 3he National 3reasury belon(s to our citiEens#
)t is not only my conscience that dictates the efficient spendin( of fundsA 0arious
pro0isions of the la5 that is our countrys Administrati0e Code clearly allo5 for the
use of sa0in(s# 6or e&ample let us no5 read 'oo4 J) Chapter 9 Section HK of the
1K?@ Administrati0e Code of the Philippines:
F:%&cept as other5ise pro0ided in the Beneral Appropriations Act any sa0in(s in
the re(ular appropriations authoriEed in the Beneral Appropriations Act for
pro(rams and pro=ects of any department office or a(ency may 5ith the appro0al of
the President be used to co0er a deficit in any other item of the re(ular
appropriationsLG
As you can see this la5 openly (i0es the President the po5er to transfer sa0in(s to
other pro=ects# )t does not limit the transfer to only one department or branch of
(o0ernment# )n other 5ords: 7e did not trans(ress the la5 5hen 5e implemented
DAP# 3he Constitution and the Administrati0e Code are not at odds 5ith each other#
)n fact 5e 5ere surprised to find that the Supreme Court decision did not ta4e into
account our le(al basis for DAP# $o5 can they say that our spendin( methods are
unconstitutional 5hen they did not loo4 into our basis8 %0en until no5 Section HK of
the Administrati0e Code is in effect alon( 5ith its other sections#
3his becomes e0en more 5orrisome 5hen 5e ta4e into account the Foperati0e fact
doctrineG 5hich the Supreme Court also mentioned in its decision# 3his is simple#
7hen a Supreme Court declares as unconstitutional any la5 or edict by the
%&ecuti0e only those pro=ects yet to be implemented under said la5 are deemed
prohibited# 3he declaration does not include completed pro=ects if this means
strippin( our citiEens of benefits# 3his is only natural because it is not ri(ht to destroy
brid(es that ha0e already been built or to demolish houses that ha0e already been
besto5ed to families of informal settlers#
>i4e5ise this doctrine also reco(niEes that implementors do not ha0e to be held
accountable as lon( as the edict 5as carried out Fin (ood faith#G 'ut in their
decision the =ud(es immediately presume the absence of (ood faith 5hich 5ould then
ha0e to be pro0en throu(h trial# 7hat happened to the principle of Finnocent until
pro0en (uilty8G
3here are also those 5ho say that DAP and PDA6 are the same thin(# %&cuse me#
DAP is different from PDA6# 7ith PDA6 the corrupt funneled (o0ernment funds into
fa4e NB*s money then alle(edly di0ided amon( themsel0es# )ts clear that 5ith DAP
the peoples money 5as ne0er stolen:the funds 5ere used for the benefit of 6ilipinos#
And not for later not soonA but:no5: Pro(rams that could be implemented
immediately 5ere implemented immediately#
And didnt the Supreme Court itself the 7orld 'an4:e0en critics of DAP:didnt
they all admit that DAP helped impro0e our economy8
)t is clear that the Supreme Court has much to consider that they may better clarify
their decision re(ardin( DAPA perhaps they can e0en identify DAPs ne(ati0e effect
on the country#
7e 5ill appeal the Supreme Courts decision# 7e 5ill do this by filin( a +otion for
,econsideration 5hich 5ill allo5 them to more fully and more conscientiously
e&amine the la5#
3here are those 5ho say that this decision mi(ht be a personal 0endetta a(ainst me:
that ) am bein( dared to act in the same 0indicti0e manner a(ainst them# All ) can say
:as the President as the father of this country:is that 5e need temperance and
forbearance:5e must comply 5ith due process#
Any la5yer 5e mi(ht spea4 to 5ill caution a(ainst this mo0e# 3he Supreme Court
0oted 1HD" a(ainst DAPA only one abstained# 3he mere hope that the decision 5ill be
o0erturned is a monumental one# 7e had also been 5arned that pushin( throu(h 5ith
this motion mi(ht put us in (reater dan(er#
+y messa(e to the Supreme Court: 7e do not 5ant t5o equal branches of
(o0ernment to (o head to head needin( a third branch to step in to inter0ene# 7e find
it difficult to understand your decision# <ou had done somethin( similar in the past
and you tried to do it a(ainA there are e0en those of the opinion that 5hat you
attempted to commit 5as far (ra0er# Abidin( by the principle of Fpresumption of
re(ularityG 5e assumed that you did the ri(ht thin(A after all you are the ones 5ho
should ostensibly ha0e a better understandin( of the la5# And no5 5hen 5e use the
same mechanism:5hich you yoursel0es ha0e admitted benefit our countrymen:
5hy is it then that 5e are 5ron(8
7e belie0e that the ma=ority of you li4e us 5ant only the best for the 6ilipino people#
3o the honorable =ustices of the Supreme Court: $elp us help our countrymen# 7e as4
that you re0ie5 your decision this time ta4in( into consideration the points ) ha0e
raised toni(ht# 3he nation hopes for your careful deliberation and response# And )
hope that once you0e e&amined the ar(uments ) 5ill submit re(ardin( the la5 and
about our economy solidarity 5ill ensue:thus stren(thenin( the entire (o0ernments
capability to push for the interests of the nation#
Perhaps no one 5ill dare to doubt that 5e ha0e pushed for reform these past four
years# And ) must as4: 7hat is e&pected from those of us 5ho are ad0ancin( reform8
7e 4no5 that the system 5e inherited 5as one that did not help or did not do enou(h
to help our countrymen# 7e are no5 ri(htin( the 5ron(s in the system so that it may
5or4 to5ards this (oal: 3o uphold the interests of the people our 'osses 5ho handed
us our mandate# 3hus to the Supreme Court our messa(e: Do not bar us from doin(
5hat 5e s5ore to do# Shouldnt you be sidin( 5ith us in pushin( for reform8 >et us
therefore end this 0icious cycle that has ta4en our people hosta(e#
*n this note allo5 me to share a te&t messa(e ) recei0ed in the last 5ee4# )t reads:
F3he politicians are ma4in( fiesta re(ardin( DAPA but to our simple nonDle(alistic
mind it is li4e a motorist 5ho par4ed in a Mno par4in( Eone because he had to rush to
sa0e the life of an accident 0ictim 5hich has more 0alue# )m prayin( hard that these
people 5ill see the (ood of the people rather than their o5n ambition#G
3o this ) replied: ) thin4 the situation no5 is similar to 5hat you mentioned and it
mi(ht be e0en 5orse# ) am after all bein( arrested for par4in( in an area that up to
no5 hasnt yet been declared a noDpar4in( Eone# )s this reasonable8
3o my 'osses in the comin( days ) alon( 5ith my Cabinet as 5ell as some
beneficiaries of DAP 5ill be pro0idin( more information about this important topic# )
encoura(e all of you to read the decision of the Supreme Court as 5ell as their
concurrin( and dissentin( opinions so that you may better understand 5hat ) ha0e
said toni(ht# 6or those concerned re(ardin( the pro(rams that had recei0ed fundin(
but ha0e been put on hold because 5e need to follo5 the decision of the Supreme
Court do not 5orry# 7e 5ill return to Con(ress to as4 for a supplemental bud(et to
ensure that all benefits are deli0ered#
6inally let me impress upon e0eryone: DAP is (ood# *ur intentions our processes
and the results 5ere correct# 'osses ) promise you: ) 5ill not allo5 your sufferin( to
be prolon(ed:especially if 5e could do 5hat 5e can as early as no5#
3han4 you and it is my hope that you no5 better understand the situation#