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VOLUME XXIX No. 1
Tagbilaran City, Bohol, Philippines
July 13, 2014 issue
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ACTING IN GOOD FAITH?

 

The declaration of the Supreme Court on the unconstitutionality of Disbursement Acceleration Program of the Aquino administration has created a lot of noise not only in the media but even in barber shops. The President and his DBM Secretary are in the defensive mode trying to justify their action on the basis of acting in good faith. In fact the legal and political luminaries inside the palace are exerting its effort to control the damage brought about by the decision of the Highest Court. Some ally of the President in the House of Representatives urged the President to include his justification or explanation about the DAP in his upcoming State of the Nation Address (SONA). Others are demanding to give his explanation to the Filipino people even before the scheduled SONA. Whatever it may be, the truth is the President cannot claim ignorance of the law or using the argument that he is only acting in good faith. Malacanang anchored on these arguments in order to justify what they did.

However, as what I have said in my last column, no matter how noble and logical is the intention of the President on the action and implementation of DAP, the truth is it is unconstitutional, and what is unconstitutional is illegal. The end cannot justify the means. Besides, Secretary Butch Abad and the President cannot claim ignorance of the law on this respect because both of them are not neophytes in lawmaking. Secretary Butch Abad was in the House of Representatives for quite a long time and even held the position of chairmanship in the lower house on the committee on appropriation. He knows the law especially on budgetary matters but he decidedly twist it and crafted the Disbursement Acceleration Program which is declared by the Supreme Court as unconstitutional.

The President cannot also claim ignorance of the law because he is no stranger in b the houses of our Congress. He was elected in the House of Representatives as Tarlac congressman and then elected as Senator in the upper house. As a matter of fact, as Senator then, he passed a resolution questioning the then President Gloria Macapagal Arroyo on the use of savings from one department to another department. So President Aquino cannot claim ignorance of the law and acting in good faith because he is pretty sure and well informed about this matter. It would appear that what he strongly opposed then as illegal, he is ironically doing it now.

The best thing for the President to do right now in relation to the issue of DAP is to humbly admit his mistake before the Filipino people. I do believe the Filipino nation could understand and accept it if the President would humbly and sincerely admit his mistake on this matter. Because the more the President would try to reason out and justify his action in connection with DAP, the more the Filipino people won't believe him and his “matuwidnadaan.” And it is very difficult for any President to run this nation where the people don't trust you anymore.

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