1. Videos Photos Radio 24 Oras Saksi SONA YouScoop Public Affairs News TV Contact Us Job Classifieds Biz ClassifiedsThe Go-To Site for Filipinos Everywhere July 19, 2014 | 2:07pm PHL Time Search Home News Weather Ulat Filipino Sports Economy SciTech Pinoy Abroad Showbiz Lifestyle Opinion HumorGMA Network Palace files appeal vs. SCs ruling on DAP By MARK MERUEAS, GMA News July 18, 2014 3:07pm Tags: Bantay Kaban (Updated 6:38 p.m.) Malacaang, through the Office of the Solicitor General, on Friday asked the Supreme Court to reverse its ruling declaring unconstitutional certain acts and practices under the questioned Disbursement Acceleration Program. In its motion for reconsideration, the executive branch insisted that withdrawn unobligated allotments and unreleased appropriations under the DAP were considered savings, contrary to what the high court said in its ruling. "Withdrawn unobligated allotments are savings because they are already portions or balances of... Programmed appropriations free from any obligation or encumberance," the OSG said. It added, "Appropriations need not be released to the agencies before they can be considered savings precisely because Personal services appropriations for unfilled positions are not released in agencies until and unless these positions are filled for the proper and optimal use of public funds and a request by the department is submitted to the DBM (Department of Budget and Management)." The OSG also said that declaring that savings may only be incurred at or near the end of the year and requiring that all year-end savings must go to the National Treasury "is to operationally defeat the President's power to augment." "Nowhere in the the Constitution, the General Appropriations Act, or in any law is the 'release' of appropriations a pre-condition for the generation of savings," it added. The OSG also claimed that the high court has no constitutional authority to set a limit on how much the President can augment an item It added that a cross-border fund transferor the transfer of funds from one branch of government to anotherwas constitutional, noting that while the Constitution prohibits the transfer of "appropriations," it does not prohibit the transfer of "savings." The Solicitor General said the use of unprogrammed funds complied with the conditions provided under the relevant General Appropriations Acts, adding that President Benigno Aquino III augmented items with appropriation cover under the DAP. "A careful perusal of the documentary evidence presented by the government will sufficiently show the existence of appropriation covers for all DAP-augmented projects," it said. The OSG added the "operative fact doctrine" does not operate to impute bad faith to DAP authors, proponents and implementors - who the Palace insisted emjoyed presumption of innocence and regularity. "The doctrine of operative fact has nothing to do with the potential liability of persons who acted pursuant to a then-constitutional statue, order, or practice," said the OSG. It added: "They are presumed to have acted in good faith and the court cannot load the dice, so to speak, by disabling possible defense in potential suits against so-called authors, proponents, and implementors." Related Stories Palace reiterates respect for judiciary 2 days before court employees protest Militant group to file impeachment raps vs. Aquino over DAP on Monday Gigi Reyes camp: Let there be no repeat of Andrea Rosal case Luy, Tuason lead witnesses vs. Jinggoy, Napoles Gigi Reyes doctor asked to justify her transfer to Heart Center More Nation Stories Top Stories NDRRMC: Glenda death toll rises to 77, 1M people affected Militant group to file impeachment raps vs. Aquino over DAP on Monday #BrownoutPaRin: Luzon on yellow alert, brownouts still loom NGCP PAGASA: TS Henry hovers east of Samar advertisement News Nation 942RecommendRecommend Social Media GMA News Online One of the world's top AIDS experts died on MH17 28 GMA News Online PAGASA: TS Henry 276 18 0 325 Trending @ GMATrending @ GMA Crowdynews Full ScreenFull Screen Palace files appeal vs. SCs ruling on DAP | News | GMA News Online http://www.gmanetwork.com/news/story/370926/news/nation/palace-fi... 1 of 5 7/19/2014 2:08 PM

2. We recommend Senate panel rejects Abads bid to testify on DAP after Aquinos SONA (News) Sandiganbayan orders 90-day suspension vs. Jinggoy (News) Pagdinig sa DAP ng Senado, di matutuloy sa darating na Lunes (News) Herbert Bautista, babalik sa asawa matapos magkipaghiwalay kay Kris? (Entertainment) Take 2: Gigi Reyes refiles plea vs. pork scam trial, arrest (News) From around the web China Is The Only Country With Real Claims To Renai Reef (hubub) How to Increase Testosterone Levels Naturally (Learnist) Weird Things Our Bodies Do in the Cold (Learnist) This Map of Metro Manilas Most Flood-Prone Areas Will Help You Stay Dry (and Out of Traffic) (Looloo Insights) Bangkok Floating Markets (AFAR) The OSG said that the mere nullification of an act "has no bearing on individual liability" precisely because the doctrine primarily seeks to ensure that acts performed prior to the nullification are still deemed valid on the theory that judicial nullification is "contingent or unforeseen event." SC decision In its July 1 decision, the high court sitting en banc declared the following "acts and practices" under the DAP, National Budget Circular No. 541, and related issuances as unconstitutional: - 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 Act; - the cross-border transfers of the savings of the executive to augment the appropriations of other offices outside the executive; and - the funding of projects, activities and programs that were not covered by any appropriation in the GAA. The SC said these acts violated Section 25 (5) Article VI of the 1987 Constitution and the doctrines of separation of powers. The National Budget Circular No. 541, which sanctioned the DAP, allowed the DBM to withdraw unobligated allotments of agencies with low levels of obligations as of June 30, 2012, both for continuing and current allotments. The court also ruled as void the portion of the DAP that allows the use of unprogrammed funds even without a certification from the National Treasurer saying that revenue collections exceeded the revenue targets due to non-compliance with the conditions provided in the relevant GAA. NB/KBK, GMA News Tags: Bantay Kaban More from the web Recommended by You have been SELECTED! Who is the Philippine National Hero? Answer NOW! And stand to WIN the latest Apple product! Jose P. Rizal Andres Bonifacio Juan Luna KMU blasts PNoy's defense of DAP A weak Gigi Reyes attends Sandigan arraignment Militants slam PNoy's defense of DAP PNoy defends DAP on national TV Bishops say Napoles fearful for her life Calls for Abad's resignation continue PNoy turns down Abad resignation Enrile refuses to enter plea on plunder case Related Videos News TV Live: Palasyo, nirerespeto ang Black Monday protest na isasagawa ng judiciary employees Balitanghali: Palasyo, umapela sa desisyon ng SC na unconstitutional ang ilang bahagi ng DAP Saksi: Malacaang, umapela na sa Korte Suprema para hilinging baligtarin ang desisyon ukol sa DAP State of the Nation: Administrasyong Aquino, naghain ng motion for reconsideration para iapela ang desisyon ng SC More News Videos Related photos 942RecommendRecommend The guide to buying a 2 in 1 computer (Intel) Japan looks to US for tactics, gear for island defenses (Nikkei Asian Review) Youll never believe all these places are real (Redbull.com) What's the right choice: Laptop or tablet? (Intel) Saudi Arabia to build world's tallest tower, reaching 1 kilometer (CNN Travel) 35 276 18 0 325 Palace files appeal vs. SCs ruling on DAP | News | GMA News Online http://www.gmanetwork.com/news/story/370926/news/nation/palace-fi... 2 of 5 7/19/2014 2:08 PM ??? right word should be " cross-branch" crossing the line between a co-equal branch of government. It implies transnational money laundering. 3. We welcome healthy discussions and friendly debate! Please click Flag to alert us of a comment that may be abusive or threatening. Read our full comment policy here. advertisement advertisement More Photos iPhone 5S For Sale ayosdito.ph/iPhone-5S Huge Selection Of iPhone 5S. Get Awesome Deals On iPhone 5S! Palace files appeal vs. SCs ruling on DAP | News | GMA News Online http://www.gmanetwork.com/news/story/370926/news/nation/palace-fi... 3 of 5 7/19/2014 2:08 PM 4. Man sentenced to 120 years jail for raping half-sisters report VP Binay, pinaiimbestigahan ang pagkasira ng pabahay ng No evidence found Americans on downed plane in Ukraine officials Brownouts threaten Luzon as grid remains on red alert Alcohol and Energy Drinks A Dangerous Combo, Study Says TheFix.com Lose Belly Fat With 6 Stand-Up Exercises Stack Woman in bikinis seen washing cars in freezing weather YJNews 45 Comments nparvus1202 Ano pa kaya ang ibibigay na desisyon ng SC eh yun na nga yun. Saan pa kukuha ng bagong ruling eh binase na nga ang desisyon sa constitution. Kahit ano pang dahilan at argument ang ibigay ni BS basta mali yun sa constitution, eh mali, ano pa? vic cruz Ano kaya ang mangyari kung hindi sundin ng executive branch ang judicial branch? Laban ako. Clinton Peja Canarias mag aapela pala kau,.. bat di niu ginawa nung una? imbis binastos niu pa ang SC... vic cruz Naintindihan mo ba iyong balita? This DAP issue is a matter of opinion. Being contested by two equal branches of government. Obviously, one sided ka lang. At ang mga pananalita mo, salita ng walang isip. Guest Nainintidihan mo ba mensahe ko, kung hindi tumahimik ka. Isa kang zombie yellowtard, isa lang takbo ng isip mo kungdi ipaglaban na baluktot na ginawa ng amo mong bokal, bokal ka rin noh. vic cruz Oh that's what you are. A zombie minded guy in dreamland. Manood ka lang ng Walking Dead kung gusto mo ng zombies. Sinung maniniwala sayo eh ang utak mo bulok na patay. Oh, and I love yellow. Guest Baluktot talaga utak mo, baluktot din siguro yan ano mo noh, di na matutuwid yan. Palace files appeal vs. SCs ruling on DAP | News | GMA News Online http://www.gmanetwork.com/news/story/370926/news/nation/palace-fi... 4 of 5 7/19/2014 2:08 PM 5. All Rights Reserved 2014 GMA Network Inc. 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