Dapp and All

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President Aquinos dead mom,

President Cory, may yet save her son

from jail over DAPJuly 8, 2014676 Comments

And why there are grounds for Supreme

Court to review its decision on DAP

Exclusive by Rassa Robles

Could the Supreme Court be wrong?Are President Benigno Aquinos actions about the DisbursementAcceleration Program (DAP) constitutional after all?I ask these questions because Im looking over something Aquinosmother, President Cory, signed in 1987.And former Senator Joker Arroyo knows about it. Or at least he shouldbecause he co-signed it.

What Im talking about is a 401-page compilation of rules ofgovernance that includes an extensive list of presidential powers. Itscalled the Administrative Code and it was drawn up in 1987.From the way I look at it, what PNoy did with DAP IS constitutionalbecause he used the Administrative Code, which the Constitution allows.Let me explain. Pull up a chair.This piece took me days to write. When I began, I originally titledit Butch Abad must be punished.Because, to me, Budget Secretary Abad clearly violated the Constitution.How could he have done such an idiotic thing? How could he, a lawyer,have the temerity to violate the Constitution, risking everything theAquino presidency had worked so hard for? It seemedincomprehensible.Fourteen Justices of the Supreme Court ruled that the P144.4billion Disbursement Acceleration Program (DAP) that Abad hadput together from various savings was partly
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unconstitutional.The Justices pointed to at least two DAP projects thatwere in clear violation of Section 25 (5), Article VI of the 1987 PhilippineConstitution. This section categorically states that the President, SenatePresident, House Speaker and Supreme Court Chief Justice can only

augment the budget for their respective offices.The key word here is the adjective respective. It allows the President,Senate President, House Speaker and Supreme Court Chief Justice toincrease their budgets provided they do this in their own turf. In otherwords, no cross border transfers are allowed by the Constitution, all 14Justices said.What Abad had done, with the written approval of President BenignoAquino,was to transfer funds he had pulled out from various agenciesand slow-moving projects, and then put them together in something hecalled the DAP .Abad told the Court that such cross-border transfers were done upon therequest of a co-equal branch (through Speaker Feliciano Belmonte forP143.7 million to finish an e-library) and of an independent body (theCommission on Audit for P250 million to fund its IT Infrastructureprogram and hired more litigation experts).At the very least, Abad could be charged with technical malversation.Technical, because unlike in the case of the pork senators, this is notnot a case of colossal theft of the peoples money. In fact, ironically,Abad was trying to get more bang for the peoples buck.But as Supreme Court Senior Associate Justice Antonio Carpio pointedout in his separate concurring opinion, the road to unconstitutionality isoften paved with ostensibly good intentions.The Revised Penal Code punishes government officials who shall applyany public fund or property under his administration to any public useother than that for which such fund or property where appropriated.Even if the officials did not steal any of that money. Its called technicalmalversation. (Article 220, Chapter 4, Book II, Title 7, Revised PenalCode).

You canread more about technical malversation here.The only way Abad could escape this rap is if his superior PresidentAquino owed up to having told him to do the cross-border transfers.Theres a precedent-setting case for this that Jose Nolledo, one of theframers of the 1987 Constitution, cited in his book on the Revised PenalCode. Its G.R. No. 4758 (dated February 16, 1909, its a case against
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Teodoro Santos, treasurer of the town of Polo.You can read the case byclicking here.This is exactly what Abad did he pointed to his boss. I wasdumbfounded at this: what sort of apparently errant subordinate

would pass the buck up to his boss?Wasnt he supposed to fall onhis sword?Even more surprising: Aquino publicly confirmed and admitted toapproving Abads requests.I asked myself, were these two Ateneo boys out of their depth?Tactically, what Abad did makes sense: Abad goes scot-free,and Aquino as president is immune to suits. He also cant beimpeached because his party mates control Congress. But he loseshis immunity once he steps down from office and this cute trickcould come back and bite him. And with the sums involved, thepunishment would not be light.Meanwhile, there goes hisMatuwid naDaan.Or so I thought.Through the weekend in between watching episodes of one of myfavorite TV series Bones (about forensic experts figuring out crimescenes mainly from skeletons of murder victims) I went over thefacts, trying to figure out what these two seemingly cocky but foolishmen were up to.It wasnt until Monday morning at breakfast, that it hit me what theywere doing. Everything clicked into placeafter I read Jess Diaz pieceon DAP and followed up what Jess said.I personally know Jess, wewere once colleagues at the Philippine Star.Jess quoted PNoy as saying that he had authorized Abads DAP byapproving a seven-page memorandum that the budget secretary hadsent him. I recalled reading about a memorandum for the President inthe main SC decision penned by Justice Lucas Bersamin. I found thisparagraph in Bersamins decision:The DBM listed the following as the legal bases for the DAPs use of savings, namely: (1)

Section 25(5), Article VI of the 1987 Constitution, which granted to the President the authorityto augment an item for his office in the general appropriations law; (2) Section 49 (Authority to

Use Savings for Certain Purposes) and Section 38 (Suspension of Expenditure Appropriations),Chapter 5, Book VI of Executive Order (EO) No. 292 (Administrative Code of 1987); and (3) the

General Appropriations Acts (GAAs) of 2011, 2012 and 2013, particularly their provisions on

the (a) use of savings; (b) meanings of savings and augmentation; and (c) priority in the use of

savings.
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What the heck are Sections 49 and 38 of the Administrative Code, Iwondered. It was only when I looked up both that I realized what Abadand PNoy have all along been talking about.This morning (July 8), I called up former Senator Rene Saguisag and

asked him what he thought of my analysis. After listening to me explain,he said the arguments were legally defensible and could be the basisfor a motion for consideration before the Supreme Court.I also tried to reach former Senator Joker Arroyo but he was out of town.I left all my phone numbers with him but he has not replied. More on himlater.Briefly, my argument goes this wayThe DAP is unconstitutional if you only look at the 1987Constitution andChapter 5, Section 38 of the Administrative Code of1987which is what the justices did.The DAP becomes constitutional if you look at the 1987Constitution ANDSections 38 and 49 of Chapter 5 of the AdministrativeCode of 1987.You need both Section 38 and Section 49, Chapter 5 of theAdministrative Code to make DAP LEGAL AND CONSTITUTIONAL.Without Section 49, DAP becomes illegal and unconstitutional.The main ruling of Justice Bersamin and the separate concurringopinions of the other Justices discussed the Constitution in conjunctionwith Chapter 5, Section 38 of the Administrative Code of 1987.But NOT ONE of themmentioned nor discussed Chapter 5, Section 49of the Administrative Code of 1987. Because of this, they unanimouslyruled that the pooling of funds under DAP and certain cross-border DAPprojects violated the Constitution.In the Constitution, the provision barring the President from doingcross-border transfers of funds is Section 25 (5) of Article VI on theLegislature. It states:(5) No law shall be passed authorizing any transfer of appropriations; however, the President ofthe Senate, the Speaker of the House of Representatives, the Chief Justice of the Supreme Court,

and the heads of Constitutional Commissions may, by law, be authorized to augment any item inthe general appropriations law for their respective offices from savings to other items of the

respective appropriations.

Simply put, this section means:Congress cannot pass any law authorizing any transfer of fundsthat have already been budgeted.


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The President, Speaker, Senate President and Chief Justice canincrease any items, provided the additional money comes from internalsavings.But what if there already existed a law authorizing the President to go

beyond the limits set by Section 25 (5), Article VI of the Constitution? Ifyou look at the wording of Section 25 (5)No law shall be passed the ban is prospective, not retrospective.What if the existing law happens to be the Administrative Code of 1987?The Administrative Code of 1987 is a peculiar law.Mondays issue of Philippine Daily Inquirer hasa story quoting formerSenator Joker Arroyo expounding on DAP and the Administrative Code.The following paragraphs caught my eye:Following MarcosAs for reports that the basis of the DAP was the administrative code, Arroyo noted that the

countrys previous Presidents, especially Aquinos own mother, did not avail themselves of thispool of unused funds and savings.

He said former President Corazon Aquino steered clear of this because the authority to use thefundsthe administrative codecame from the late dictator Ferdinand Marcos. He (Aquino)did not follow his mother, he followed Marcos,he added.

Coming from Sen. Joker Arroyo, I found the last paragraph extremelyfunny. Because you see, Executive Order No. 292 which unveiled theAdministrative Code of 1987 was signed by President Cory and herExecutive Secretary thensomeone named Joker Arroyo.
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The Administrative Code is a 401-page document that lists the powersand functions of the three branches of government, especially thepowers of the president within the executive branch and in relation to thelegislature, judiciary and the Constitutional Commissions.It was meant to replace the Administrative Code of 1917.Seven chapters are devoted to the presidents powers on nationalgovernment budgeting..The Constitution was ratified on Feb 2 1987. Cory AquinosAdministrative Code came into effect on July 25 1987, two days beforethe first post-Martial Law Congress convened.Now heres the rub: the 1987 Constitution explicitly states that theAdministrative Code is CONSTITUTIONAL.Itsright there in Section 6, of Article XVIII, Transitory Provisions.
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The incumbent President shall continue to exercise legislative powers until the first Congress is

convened.

In short, it was a mind-boggling one-off deal. Section 6 of theTransitory Provisions of the 1987 Constitution allowed Pres. Cory

to write herself any bunch of laws BEFORE the very first (ever)Congress convened.To state once again: the 1987 Constitution says the Administrative Codeis constitutional.What does this mean? For nearly six months after the ratification of the1987 Constitution, Pres. Cory had decree-making powers just likeMarcos.What Sen. Joker, however, failed to tell Inquirer was thatas Pres.Corys Executive Secretary then, he played a key role in wielding such

powers. And it clearly was not Marcos who enacted the AdministrativeCode of 1987.The Administrative Code is not a mere Executive Order. It has the statusof a law. The Constitution gave it the status of a law.This was why I wanted to talk today to Sen. Joker Arroyo, to clarify whathe told The Inquirer. And to ask himare you saying that TheAdministrative Code of 1987 is the legal basis for pooling unused fundsand savings, which President Aquino did with the DAP? Unfortunately,Joker Arroyo has not returned my call.

So I asked ex-Senator Saguisag, who was once in Malacaang Palacetogether with Joker Arroyo as Pres.Corys spokesman, to interpret forme what Sen. Joker was implying. Saguisag replied to me,Well, apparently, dahil sinasabi ni Joker yata na hindi ginamit. So it (the legal basis for pooling

funds) must have been there.Kung sinasabi ni Joker it was there but it was not used, de ginamit siguro ni Butch at ni

Noynoy.

The same Constitution said an existing law would continue to remain ineffect provided it is not inconsistent with the Constitution.Now lets examine whether Sections 38 and 49 of theAdministrative Code that Abad cited as the main bases for DAP arenot inconsistent with Section 25 (5) of Article VI of the 1987Constitution.Section 23 (5) states:(5) No law shall be passed authorizing any transfer of appropriations; however, the President ofthe Senate, the Speaker of the House of Representatives, the Chief Justice of the Supreme Court,

and the heads of Constitutional Commissions may, by law, be authorized to augment any item in


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the general appropriations law for their respective offices from savings to other items of the

respective appropriations.

I believe Section 23 of the Constitution did not revoke Sections 38 and49 of the Administrative Code (which Abad cited) because Sections 38

and 49 do not clash with Section 23 of the Constitution, which isprospective in natureno law shall be passed.Since the Constitutions Transitory Provisions accepted the enactment ofthe Administrative Code, then the Code does not fall within the ambit ofSection 23.When I ran this argument by Sen. Saguisag, he told me it was alsolegally defensible.So it appears, Sections 38 and 49 of the Administrative Code are stillvalid and in effect. In fact, the Supreme Court Justices treated the

Administrative Code as a valid and binding law. Except that they forgotto examine Section 49 in conjunction with the DAP, Section 38 and theConstitution.Why do Sections 38 and 49 have to go hand-in-hand to make DAPconstitutional?Here is what I think Abad and Pnoy did, using Sections 38 and 49.Section 38 gives the President the power to stop spending on anyproject. This naturally would result in savings. Section 49 gives thePresident the power to pool these savings for certain purposes. In

PNoys case, he called the pooled fund DAP.Both sections 38 and 49 of the Administrative Code fall under CHAPTER5 entitled BUDGET EXECUTION.You will notice, Section 38 gives the President of the Philippines thepower to suspend and even stop spending on a project of any agency

not just in the executive branch of government, it seems, but in anygovernment agency. And the President only has to cite one reason tosuspend or stop a projectwhenever in his judgment the public interestso requires. Thats all.Read for yourself Section 38:Section 38. Suspension of Expenditure of Appropriations.Except as otherwise provided in the

General Appropriations Act and whenever in his judgment the public interest so requires, the

President, upon notice to the head of office concerned, is authorized to suspend or otherwise stop

further expenditure of funds allotted for any agency, or any other expenditure authorized in theGeneral Appropriations Act, except for personal services appropriations used for permanent

officials and employees.


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Justice Bersamin looked at Section 38 of the Administrative Code. Butbecause he did not look at Section 49, he concluded that Abad andPNoy erred. Bersamin said:Moreover, the DBM did not suspend or stop further expenditures in accordance with Section

38, supra, but instead transferred the funds to other PAPs (Program. Activity or Projects).

I also read the five separate and concurring opinions of Justices ArturoBrion, Antonio Carpio, Marvic Leonen, Estela Perlas-Bernabe andMariano del Castillo. They discussed Section 38 but were all silent onSection 49.If they had looked at Section 49, they would have read that this sectiongives the President and Budget Secretary vast powers to use savings inthe appropriations.They might not have noticed this because at first glance, the list for when

the President can use the power to pool and use savings seemsinnocuous.Whoever drafted this Code cleverly buried one of the the mostimportant powers of the President in Section 49the power toimpound and juggle funds. Here is Section 49: pay close attention tonumbers 9 and 10:SECTION 49. Authority to Use Savings for Certain Purposes.Savings in the appropriations

provided in the General Appropriations Act may be used for the settlement of the following

obligations incurred during a current fiscal year or previous fiscal years as may be approved bythe Secretary in accordance with rules and procedures as may be approved by the President:

(1) Claims of officials, employees and laborers who died or were injured in line of duty,including burial expenses as authorized under existing law;(2) Commutation of terminal leaves of employees due to retirement, resignation or separation

from the service through no fault of their own in accordance with the provisions of existing law,

including unpaid claims for commutation of maternity leave of absence;

(3) Payment of retirement gratuities or separation pay of employees separated from the servicedue to government reorganization;

(4) Payment of salaries of employees who have been suspended or dismissed as a result of

administrative or disciplinary action, or separated from the service through no fault of their ownand who have been subsequently exonerated and reinstated by virtue of decisions of competent

authority;

(5) Cash awards to deserving officials and employees in accordance with civil service law;(6) Salary adjustments of officials and employees as a result of classification action under, andimplementation of, the provisions of the Compensation and Position Classification Act,

including positions embraced under the Career Executive Service;

(7) Peso support to any undertaking that may be entered into by the government withinternational organizations, including administrative and other incidental expenses;

(8) Covering any deficiency in peso counterpart fund commitments for foreign-assisted projects,

as may be approved by the President;


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(9) Priority activities that will promote the economic well-being of the nation, including

food production, agrarian reform, energy development, disaster relief, and rehabilitation.

(10) Repair, improvement and renovation of government buildings and infrastructure and

other capital assets damaged by natural calamities;(11) Expenses in connection with official participation in trade fairs, civic parades, celebrations,

athletic competitions and cultural activities, and payment of expenses for the celebration ofregular or special official holidays;(12) Payment of obligations of the government or any of its departments or agencies as a result

of final judgment of the Courts; and

(13) Payment of valid prior years obligations of government agencies with any other

government office or agency, including government-owned or controlled corporations.

Numbers 9 and 10 extend the presidents powers to pool and deploysavings beyond the executive branch to all other branches ofgovernment.Is this inconsistent with the Constitution?

That is what the Justices would have to determine.But I would argue that 9 and 10 both addnot subtractto the powerthat the President is given under Section 23 (5) of the Constitution.Because after all, the President is the main implementer of the nationalbudget and he has the widest perspective of how much revenues arecoming in and how much is being spent.To recap, the following is what I think PNoy and Abad did: Using thePresidents power under Section 38 to suspend or stop projects, theymanaged to generate savings. Then they justified the pooling and cross-

border transfers of such savings in order to stimulate the economy. Theycalled this DAP and they justified the pooled fund by pointing to Section49 of the Administrative Code, which allows them to do this for:(9)Priority activities that will promote the economic well-being of the nation, including foodproduction, agrarian reform, energy development, disaster relief, and rehabilitation. Repair,

(10)improvement and renovation of government buildings and infrastructure and other capital

assets damaged by natural calamities;

Justice Bersamin had pointed out that Section 28 of the AdministrativeCode was a limitation of the presidential power to use savings because it

orders Unexpended balances of appropriations to be reverted to theGeneral Fund at the end of the fiscal year. However, Section 28 wouldno longer come into play if these unexpended balances would havebeen spent before the end of the fiscal year by using Section 49.Neat, huh.And dangerous, too.


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It gives the Executive branch vast powers for fund juggling and for otherthings as well.Under a President who wants to do good for the nation, such powers areuseful. But under a President who has other motives, such powers can

greatly harm the nation. I wonder how the other presidents before PNoyused these powers.I do believe the Filipino people have a reason to ask the Supreme Courtto review its ruling on DAP, in the context of Sections 38 and49 of theAdministrative Code.Congress should also review the vast powers of the President under theAdministrative Code. Because who knows what succeeding presidentswill do with these powers?How did Butch Abad and PNoy know about Section 49?PNoys mom enacted the Code. Abad was once her Agrarian Reformsecretary. My guess is, his department had benefited from the pooling ofsuch savings since agrarian reform is one of the authorized activities touse such savings.If PNoy can convince the court that his moms Administrative Code iswhat makes DAP legal and constitutional, then he can thank his mom forsaving him from jail and the peoples wrath.What we as citizens should keep in mind is this: The AdministrativeCode is still in effect and can be used by ANY President. Isnt it perhapstime for Congress to look at the Code and review the awesome powers itgives the President?The next piece I will be posting is on Butch Abad and Janet LimNapolesYou can examinethe Administrative Code of 1987 here.Categories:Congress - Senate and House,Corruption,Politics,President Benigno AquinoIII,The Presidency- Tags:Administrative Code of 1987,Associate Justice Lucas

Bersamin,Budget Secretary Butch Abad,Disbursement Acceleration Program (DAP),Ex-

Senator Joker Arroyo,Ex-Senator Rene Saguisag,Philippine President Benigno

Aquino,President Corazon Aquino,Supreme Court

676 Responses to President Aquinos dead mom, PresidentCory, may yet save her son from jail over DAP

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Brodkastersays:

July 14, 2014 at 9:57 am

I think DAP is still illegal. Its still contrary to section 25(5) artcle 6 of the 1987

constutuion. It says no law shall be passed., and that covers the

administrative code of 1987. Even as sec 49 and 38 of the code touched onthe authority of the president regarding the use of savings or the realignment

of funds, those sections should be interpreted in accordance with the

constitution, not contrary. Another point, the constituion was enacted in feb

1987 and the code in july of same year. This menas that the code was not yet

existing at the the time the 1987constitution took effect. The provision that

existing laws before the constitution shall still be effective obviously does not

apply here since the constitution precedes the administrative code by more

than four months.

The argument that the administrative code took effect before a legislative

body was formed does not hold water, i believe, against the word of the

constitution that no law shall be passed it does not pertain only to the laws

passed by congress but to any law, including the decree made by the

president who has legislative powers at the time. Pres cory may still have law

makng powers when she signed the administrative code, but any law she

proclaimed must still adhere to the provision of the constitutuion so that sec

49 and 38 must be interpreted within the bounds of the constitution.

Pres, noy and abad, however may use sec 49 and 38 of the administratve

code to escape the charges of culpable violation of the constitution. They
http://raissarobles.com/2014/07/08/president-aquinos-dead-mom-president-cory-may-yet-save-her-son-from-jail-over-dap/comment-page-4/#comment-142586http://raissarobles.com/2014/07/08/president-aquinos-dead-mom-president-cory-may-yet-save-her-son-from-jail-over-dap/comment-page-4/#comment-142586


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may only be answerable to lesser offense of a plain violation of the

constitution and give some weight to their good faith and good intension

argument. But still, DAP is unconstitutional, i believe.

Reply

o 190.1

raissasays:

July 14, 2014 at 11:22 am

so you think Justice del Castillo is wrong?

Reply

o 190.2

Rene-Ipilsays:

July 14, 2014 at 1:10 pm

The Supreme Court did not declare that DAP was illegal or unconstitutional.

The SC said that there were some acts and practices under DAP which

were unconstitutional. In the example of the SC illustrated in pages 69-70 of

the decision, the act of augmenting the MOOE of the DOST project from
http://raissarobles.com/2014/07/08/president-aquinos-dead-mom-president-cory-may-yet-save-her-son-from-jail-over-dap/?replytocom=142586#respondhttp://raissarobles.com/2014/07/08/president-aquinos-dead-mom-president-cory-may-yet-save-her-son-from-jail-over-dap/?replytocom=142586#respondhttp://raissarobles.com/2014/07/08/president-aquinos-dead-mom-president-cory-may-yet-save-her-son-from-jail-over-dap/comment-page-4/#comment-142594http://raissarobles.com/2014/07/08/president-aquinos-dead-mom-president-cory-may-yet-save-her-son-from-jail-over-dap/?replytocom=142594#respondhttp://raissarobles.com/2014/07/08/president-aquinos-dead-mom-president-cory-may-yet-save-her-son-from-jail-over-dap/?replytocom=142594#respondhttp://raissarobles.com/2014/07/08/president-aquinos-dead-mom-president-cory-may-yet-save-her-son-from-jail-over-dap/comment-page-4/#comment-142605http://raissarobles.com/2014/07/08/president-aquinos-dead-mom-president-cory-may-yet-save-her-son-from-jail-over-dap/comment-page-4/#comment-142605http://raissarobles.com/2014/07/08/president-aquinos-dead-mom-president-cory-may-yet-save-her-son-from-jail-over-dap/?replytocom=142594#respondhttp://raissarobles.com/2014/07/08/president-aquinos-dead-mom-president-cory-may-yet-save-her-son-from-jail-over-dap/comment-page-4/#comment-142594http://raissarobles.com/2014/07/08/president-aquinos-dead-mom-president-cory-may-yet-save-her-son-from-jail-over-dap/?replytocom=142586#respond


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537M to 1.1B was not questioned but the newly funded personal services

and capital outlays in the same project at 43M and 391M, respectively, were

declared illegal.

In other words the DAP as a WHOLE was NOT unconstitutional. And NOT

ALL acts under DAP were unconstitutional. So let us not use wrong

premises so as not to jump right away into wrong conclusions. Using

erroneous premise would only lead us to perdition.

Reply

2. 189

raissasays:

July 14, 2014 at 2:45 am

Ive just posted Part 2 on DAP

Saguisag fully backs me on DAP and shares a startling suspicion

Reply

3. 188
http://raissarobles.com/2014/07/08/president-aquinos-dead-mom-president-cory-may-yet-save-her-son-from-jail-over-dap/?replytocom=142605#respondhttp://raissarobles.com/2014/07/08/president-aquinos-dead-mom-president-cory-may-yet-save-her-son-from-jail-over-dap/?replytocom=142605#respondhttp://raissarobles.com/2014/07/08/president-aquinos-dead-mom-president-cory-may-yet-save-her-son-from-jail-over-dap/comment-page-4/#comment-142569http://raissarobles.com/2014/07/08/president-aquinos-dead-mom-president-cory-may-yet-save-her-son-from-jail-over-dap/?replytocom=142569#respondhttp://raissarobles.com/2014/07/08/president-aquinos-dead-mom-president-cory-may-yet-save-her-son-from-jail-over-dap/?replytocom=142569#respondhttp://raissarobles.com/2014/07/08/president-aquinos-dead-mom-president-cory-may-yet-save-her-son-from-jail-over-dap/?replytocom=142569#respondhttp://raissarobles.com/2014/07/08/president-aquinos-dead-mom-president-cory-may-yet-save-her-son-from-jail-over-dap/comment-page-4/#comment-142569http://raissarobles.com/2014/07/08/president-aquinos-dead-mom-president-cory-may-yet-save-her-son-from-jail-over-dap/?replytocom=142605#respond


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Lawrence Seesays:

July 14, 2014 at 12:13 am

The big question is: what constitutes savings? When projects that have

been approved by Congress the previous year did not materialize because

these were placed on hold and therefore the intended expenditure did not

occur, could the money intended for these be considered savings? The

projects approved by Congress are the legally approved projects. When

money intended for these so called slow-moving projects are siphoned off

and channeled elsewhere, could it be considered as malversation? Who

caused the slowdown anyway? Who stopped these projects? If the president

is allowed to continuously invoke Section 38 of the Administrative Code citing

whenever in his judgment the public interest so requires, to stop projects,

then, of what use is Congress?

Real Savings, to me is defined as not spending the same amount of money

and yet achieving the same outcome. Was the outcome the same if the

approved project by Congress did not materialize? What do you think?

Reply

4. 187

utang.na.loobsays:

July 14, 2014 at 12:04 am
http://raissarobles.com/2014/07/08/president-aquinos-dead-mom-president-cory-may-yet-save-her-son-from-jail-over-dap/comment-page-4/#comment-142561http://raissarobles.com/2014/07/08/president-aquinos-dead-mom-president-cory-may-yet-save-her-son-from-jail-over-dap/?replytocom=142561#respondhttp://raissarobles.com/2014/07/08/president-aquinos-dead-mom-president-cory-may-yet-save-her-son-from-jail-over-dap/?replytocom=142561#respondhttp://raissarobles.com/2014/07/08/president-aquinos-dead-mom-president-cory-may-yet-save-her-son-from-jail-over-dap/comment-page-4/#comment-142559http://raissarobles.com/2014/07/08/president-aquinos-dead-mom-president-cory-may-yet-save-her-son-from-jail-over-dap/comment-page-4/#comment-142559http://raissarobles.com/2014/07/08/president-aquinos-dead-mom-president-cory-may-yet-save-her-son-from-jail-over-dap/?replytocom=142561#respondhttp://raissarobles.com/2014/07/08/president-aquinos-dead-mom-president-cory-may-yet-save-her-son-from-jail-over-dap/comment-page-4/#comment-142561


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Talaga? May dumedepensa pa din sa DAP? Pagpalagay na natin na

talagang yung Admin Code na yan ang katuwirang bulok ng mga

nasasangkot, e iisa lang ang gusto kong tanungin. Bakit binigay nila as mga

senador ang pondo??? Ano naman ang kinalaman ng mga senador sa

pagpapamudmod ng pondong di umanoy para sa pagpapabilis ng pagunlad

ng bayan? E diba ganun din ang silbi DAW ng pork barrel? E sa ganitong

aspeto pa lang lumalabas na ang kabulukan ng DAP na ito. Wala naman

kinalaman ang mga senador sa pagpapamudmod ng pera diba?

Giving funds to the legislators allegedly to accelerate the growth of the

country isnt justifiable in that claimed sense, even under the admin code,

because they arent part of the executive.

Nice try, but better luck next time.

Reply

o

187.1

raissasays:

July 14, 2014 at 2:29 am

read my latest post:

http://raissarobles.com/2014/07/14/saguisag-fully-backs-me-on-dap-and-

shares-a-startling-suspicion/

Reply
http://raissarobles.com/2014/07/08/president-aquinos-dead-mom-president-cory-may-yet-save-her-son-from-jail-over-dap/?replytocom=142559#respondhttp://raissarobles.com/2014/07/08/president-aquinos-dead-mom-president-cory-may-yet-save-her-son-from-jail-over-dap/?replytocom=142559#respondhttp://raissarobles.com/2014/07/08/president-aquinos-dead-mom-president-cory-may-yet-save-her-son-from-jail-over-dap/comment-page-4/#comment-142567http://raissarobles.com/2014/07/14/saguisag-fully-backs-me-on-dap-and-shares-a-startling-suspicion/http://raissarobles.com/2014/07/14/saguisag-fully-backs-me-on-dap-and-shares-a-startling-suspicion/http://raissarobles.com/2014/07/14/saguisag-fully-backs-me-on-dap-and-shares-a-startling-suspicion/http://raissarobles.com/2014/07/08/president-aquinos-dead-mom-president-cory-may-yet-save-her-son-from-jail-over-dap/?replytocom=142567#respondhttp://raissarobles.com/2014/07/08/president-aquinos-dead-mom-president-cory-may-yet-save-her-son-from-jail-over-dap/?replytocom=142567#respondhttp://raissarobles.com/2014/07/08/president-aquinos-dead-mom-president-cory-may-yet-save-her-son-from-jail-over-dap/?replytocom=142567#respondhttp://raissarobles.com/2014/07/14/saguisag-fully-backs-me-on-dap-and-shares-a-startling-suspicion/http://raissarobles.com/2014/07/14/saguisag-fully-backs-me-on-dap-and-shares-a-startling-suspicion/http://raissarobles.com/2014/07/08/president-aquinos-dead-mom-president-cory-may-yet-save-her-son-from-jail-over-dap/comment-page-4/#comment-142567http://raissarobles.com/2014/07/08/president-aquinos-dead-mom-president-cory-may-yet-save-her-son-from-jail-over-dap/?replytocom=142559#respond


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5. 186

[email protected]:

July 13, 2014 at 8:52 pm

Slaying 7.5 million spam comments an hour, thats a lot of porkAkismet has

to chew. Roll out more barrels, Raissa.

Reply

o 186.1

raissasays:

July 13, 2014 at 9:12 pm

:)

Reply

6. 185
http://raissarobles.com/2014/07/08/president-aquinos-dead-mom-president-cory-may-yet-save-her-son-from-jail-over-dap/comment-page-4/#comment-142542http://raissarobles.com/2014/07/08/president-aquinos-dead-mom-president-cory-may-yet-save-her-son-from-jail-over-dap/?replytocom=142542#respondhttp://raissarobles.com/2014/07/08/president-aquinos-dead-mom-president-cory-may-yet-save-her-son-from-jail-over-dap/?replytocom=142542#respondhttp://raissarobles.com/2014/07/08/president-aquinos-dead-mom-president-cory-may-yet-save-her-son-from-jail-over-dap/comment-page-4/#comment-142544http://raissarobles.com/2014/07/08/president-aquinos-dead-mom-president-cory-may-yet-save-her-son-from-jail-over-dap/?replytocom=142544#respondhttp://raissarobles.com/2014/07/08/president-aquinos-dead-mom-president-cory-may-yet-save-her-son-from-jail-over-dap/?replytocom=142544#respondhttp://raissarobles.com/2014/07/08/president-aquinos-dead-mom-president-cory-may-yet-save-her-son-from-jail-over-dap/?replytocom=142544#respondhttp://raissarobles.com/2014/07/08/president-aquinos-dead-mom-president-cory-may-yet-save-her-son-from-jail-over-dap/comment-page-4/#comment-142544http://raissarobles.com/2014/07/08/president-aquinos-dead-mom-president-cory-may-yet-save-her-son-from-jail-over-dap/?replytocom=142542#respondhttp://raissarobles.com/2014/07/08/president-aquinos-dead-mom-president-cory-may-yet-save-her-son-from-jail-over-dap/comment-page-4/#comment-142542


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raissasays:

July 13, 2014 at 8:18 pm

sorry,

@Victin Luz,

@Yvonne,

@Chit Navarro,

@Kalahari,

@rejtatel,

@letlet

All you recent comments were held by Akismet. I dont know why. Akismet

seems to be acting up more and more.

Ive manually released them.

Reply

7. 184

raissasays:

July 13, 2014 at 7:41 pm


19/322

Ive just finished my next DAP piece.

Lets see, its 10 pages long.

I want Robles Alan to take a look at it first. But hes still watching Captain

America with my son. :)

Reply

8. 183

jett rinksays:

July 13, 2014 at 7:14 pm

Good faith kung sa una pa lang sinabi mo na sa tao o mga media ang

gagawin mo. Pero nagsimula ito na sila lang ang may alam. Hindi pa pipiyok

si Butch kung hindi nagputak si Jinggoy. 100 billion plus ang pinaikot nyo ng

2011 to 2013 pero walang makakaalam kung di pumutok ang napoles issue

at mag speech si Jinggoy. Saan ang good faith dun , umamin lang dahil

nagkakabukingan na?

Reply

o 183.1


20/322

raissasays:

July 13, 2014 at 7:42 pm

kulang ng explaining.

Reply

183.1.1

jett rinksays:

July 13, 2014 at 8:03 pm

That seems to be a problem of any administration where national funds are

involved. They murmur instead of explaining clearly.

Reply

183.1.1.1

jett rinksays:

July 13, 2014 at 8:05 pm
http://raissarobles.com/2014/07/08/president-aquinos-dead-mom-president-cory-may-yet-save-her-son-from-jail-over-dap/comment-page-4/#comment-142524http://raissarobles.com/2014/07/08/president-aquinos-dead-mom-president-cory-may-yet-save-her-son-from-jail-over-dap/?replytocom=142524#respondhttp://raissarobles.com/2014/07/08/president-aquinos-dead-mom-president-cory-may-yet-save-her-son-from-jail-over-dap/?replytocom=142524#respondhttp://raissarobles.com/2014/07/08/president-aquinos-dead-mom-president-cory-may-yet-save-her-son-from-jail-over-dap/comment-page-4/#comment-142534http://raissarobles.com/2014/07/08/president-aquinos-dead-mom-president-cory-may-yet-save-her-son-from-jail-over-dap/?replytocom=142534#respondhttp://raissarobles.com/2014/07/08/president-aquinos-dead-mom-president-cory-may-yet-save-her-son-from-jail-over-dap/?replytocom=142534#respondhttp://raissarobles.com/2014/07/08/president-aquinos-dead-mom-president-cory-may-yet-save-her-son-from-jail-over-dap/comment-page-4/#comment-142535http://raissarobles.com/2014/07/08/president-aquinos-dead-mom-president-cory-may-yet-save-her-son-from-jail-over-dap/comment-page-4/#comment-142535http://raissarobles.com/2014/07/08/president-aquinos-dead-mom-president-cory-may-yet-save-her-son-from-jail-over-dap/?replytocom=142534#respondhttp://raissarobles.com/2014/07/08/president-aquinos-dead-mom-president-cory-may-yet-save-her-son-from-jail-over-dap/comment-page-4/#comment-142534http://raissarobles.com/2014/07/08/president-aquinos-dead-mom-president-cory-may-yet-save-her-son-from-jail-over-dap/?replytocom=142524#respondhttp://raissarobles.com/2014/07/08/president-aquinos-dead-mom-president-cory-may-yet-save-her-son-from-jail-over-dap/comment-page-4/#comment-142524


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Or mumble.

Reply

o 183.2

tristanismsays:

July 13, 2014 at 7:45 pm

2011 inannounce ang DAP. Nadiyaryo ito dahil ito ang mekanismo ng

gobyerno para maitaas ang GDP ng bansa pang-accelerate ng govt

spending.

2013 ito pumutok kasi nilagyan ng malisya ni Jinggoyat sinakyan naman

ng dating miyembro ng gabinete ni erap.

Reply

183.2.1

jett rinksays:

July 13, 2014 at 7:59 pm

Saan nadyaryo? Links. Sa business pages lang ba?


22/322

Reply

183.2.1.1

Rene-Ipilsays:

July 13, 2014 at 8:27 pm

The Official Gazette (OG) is the public journal and publication of thegovernment from where media could access important news. On July 26,

2010, the online version of the Official Gazette was launched.

On October 12, 2011 the DAP was published in the OG.

http://www.gov.ph/2011/10/12/aquino-goverment-pursues-p72-11-b-

disbursement-acceleration-plan/

Reply

183.2.1.2

Rene-Ipilsays:

July 13, 2014 at 8:32 pm

On October 20, 2011 the Official Gazette published another article on

DAP.
http://raissarobles.com/2014/07/08/president-aquinos-dead-mom-president-cory-may-yet-save-her-son-from-jail-over-dap/?replytocom=142533#respondhttp://raissarobles.com/2014/07/08/president-aquinos-dead-mom-president-cory-may-yet-save-her-son-from-jail-over-dap/?replytocom=142533#respondhttp://raissarobles.com/2014/07/08/president-aquinos-dead-mom-president-cory-may-yet-save-her-son-from-jail-over-dap/comment-page-4/#comment-142537http://www.gov.ph/2011/10/12/aquino-goverment-pursues-p72-11-b-disbursement-acceleration-plan/http://www.gov.ph/2011/10/12/aquino-goverment-pursues-p72-11-b-disbursement-acceleration-plan/http://www.gov.ph/2011/10/12/aquino-goverment-pursues-p72-11-b-disbursement-acceleration-plan/http://raissarobles.com/2014/07/08/president-aquinos-dead-mom-president-cory-may-yet-save-her-son-from-jail-over-dap/?replytocom=142537#respondhttp://raissarobles.com/2014/07/08/president-aquinos-dead-mom-president-cory-may-yet-save-her-son-from-jail-over-dap/?replytocom=142537#respondhttp://raissarobles.com/2014/07/08/president-aquinos-dead-mom-president-cory-may-yet-save-her-son-from-jail-over-dap/comment-page-4/#comment-142540http://raissarobles.com/2014/07/08/president-aquinos-dead-mom-president-cory-may-yet-save-her-son-from-jail-over-dap/comment-page-4/#comment-142540http://raissarobles.com/2014/07/08/president-aquinos-dead-mom-president-cory-may-yet-save-her-son-from-jail-over-dap/?replytocom=142537#respondhttp://www.gov.ph/2011/10/12/aquino-goverment-pursues-p72-11-b-disbursement-acceleration-plan/http://www.gov.ph/2011/10/12/aquino-goverment-pursues-p72-11-b-disbursement-acceleration-plan/http://raissarobles.com/2014/07/08/president-aquinos-dead-mom-president-cory-may-yet-save-her-son-from-jail-over-dap/comment-page-4/#comment-142537http://raissarobles.com/2014/07/08/president-aquinos-dead-mom-president-cory-may-yet-save-her-son-from-jail-over-dap/?replytocom=142533#respond


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http://www.gov.ph/2011/10/20/dbm-stimulus-fund-to-upgrade-3-

government-specialty-hospitals/

Reply

183.2.1.3

lui5says:

July 13, 2014 at 8:36 pm

http://www.philstar.com/business/757738/dbm-releases-85-p72-b-stimulus-

package

Reply

183.2.1.3.1

tristanismsays:

July 13, 2014 at 9:43 pm

Thanks for sharing that. Di ko mahanap e. :)

Reply
http://www.gov.ph/2011/10/20/dbm-stimulus-fund-to-upgrade-3-government-specialty-hospitals/http://www.gov.ph/2011/10/20/dbm-stimulus-fund-to-upgrade-3-government-specialty-hospitals/http://www.gov.ph/2011/10/20/dbm-stimulus-fund-to-upgrade-3-government-specialty-hospitals/http://raissarobles.com/2014/07/08/president-aquinos-dead-mom-president-cory-may-yet-save-her-son-from-jail-over-dap/?replytocom=142540#respondhttp://raissarobles.com/2014/07/08/president-aquinos-dead-mom-president-cory-may-yet-save-her-son-from-jail-over-dap/?replytocom=142540#respondhttp://raissarobles.com/2014/07/08/president-aquinos-dead-mom-president-cory-may-yet-save-her-son-from-jail-over-dap/comment-page-4/#comment-142541http://www.philstar.com/business/757738/dbm-releases-85-p72-b-stimulus-packagehttp://www.philstar.com/business/757738/dbm-releases-85-p72-b-stimulus-packagehttp://www.philstar.com/business/757738/dbm-releases-85-p72-b-stimulus-packagehttp://raissarobles.com/2014/07/08/president-aquinos-dead-mom-president-cory-may-yet-save-her-son-from-jail-over-dap/?replytocom=142541#respondhttp://raissarobles.com/2014/07/08/president-aquinos-dead-mom-president-cory-may-yet-save-her-son-from-jail-over-dap/?replytocom=142541#respondhttp://raissarobles.com/2014/07/08/president-aquinos-dead-mom-president-cory-may-yet-save-her-son-from-jail-over-dap/comment-page-4/#comment-142549http://raissarobles.com/2014/07/08/president-aquinos-dead-mom-president-cory-may-yet-save-her-son-from-jail-over-dap/?replytocom=142549#respondhttp://raissarobles.com/2014/07/08/president-aquinos-dead-mom-president-cory-may-yet-save-her-son-from-jail-over-dap/?replytocom=142549#respondhttp://raissarobles.com/2014/07/08/president-aquinos-dead-mom-president-cory-may-yet-save-her-son-from-jail-over-dap/?replytocom=142549#respondhttp://raissarobles.com/2014/07/08/president-aquinos-dead-mom-president-cory-may-yet-save-her-son-from-jail-over-dap/comment-page-4/#comment-142549http://raissarobles.com/2014/07/08/president-aquinos-dead-mom-president-cory-may-yet-save-her-son-from-jail-over-dap/?replytocom=142541#respondhttp://www.philstar.com/business/757738/dbm-releases-85-p72-b-stimulus-packagehttp://www.philstar.com/business/757738/dbm-releases-85-p72-b-stimulus-packagehttp://raissarobles.com/2014/07/08/president-aquinos-dead-mom-president-cory-may-yet-save-her-son-from-jail-over-dap/comment-page-4/#comment-142541http://raissarobles.com/2014/07/08/president-aquinos-dead-mom-president-cory-may-yet-save-her-son-from-jail-over-dap/?replytocom=142540#respondhttp://www.gov.ph/2011/10/20/dbm-stimulus-fund-to-upgrade-3-government-specialty-hospitals/http://www.gov.ph/2011/10/20/dbm-stimulus-fund-to-upgrade-3-government-specialty-hospitals/


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lui5says:

July 13, 2014 at 11:18 pm

And heres one from the Inquirer:

http://business.inquirer.net/27909/govt-has-only-p249-9b-of-2011-

budget-to-spend

Reply

183.2.1.4

tristanismsays:

July 13, 2014 at 9:35 pm

As with @Rene Ipil, the gazette link is all i found. Puro current DAP articles

na lumalabas sa search e. (o sablay lang searching skills ko)

But I remember this because I was puzzled why the quarterly GDP

numbers were low. I know I read about DAP before Jinggoys speech.

Reply
http://raissarobles.com/2014/07/08/president-aquinos-dead-mom-president-cory-may-yet-save-her-son-from-jail-over-dap/comment-page-4/#comment-142552http://business.inquirer.net/27909/gov%E2%80%99t-has-only-p249-9b-of-2011-budget-to-spendhttp://business.inquirer.net/27909/gov%E2%80%99t-has-only-p249-9b-of-2011-budget-to-spendhttp://business.inquirer.net/27909/gov%E2%80%99t-has-only-p249-9b-of-2011-budget-to-spendhttp://business.inquirer.net/27909/gov%E2%80%99t-has-only-p249-9b-of-2011-budget-to-spendhttp://raissarobles.com/2014/07/08/president-aquinos-dead-mom-president-cory-may-yet-save-her-son-from-jail-over-dap/?replytocom=142552#respondhttp://raissarobles.com/2014/07/08/president-aquinos-dead-mom-president-cory-may-yet-save-her-son-from-jail-over-dap/?replytocom=142552#respondhttp://raissarobles.com/2014/07/08/president-aquinos-dead-mom-president-cory-may-yet-save-her-son-from-jail-over-dap/comment-page-4/#comment-142546http://raissarobles.com/2014/07/08/president-aquinos-dead-mom-president-cory-may-yet-save-her-son-from-jail-over-dap/?replytocom=142546#respondhttp://raissarobles.com/2014/07/08/president-aquinos-dead-mom-president-cory-may-yet-save-her-son-from-jail-over-dap/?replytocom=142546#respondhttp://raissarobles.com/2014/07/08/president-aquinos-dead-mom-president-cory-may-yet-save-her-son-from-jail-over-dap/?replytocom=142546#respondhttp://raissarobles.com/2014/07/08/president-aquinos-dead-mom-president-cory-may-yet-save-her-son-from-jail-over-dap/comment-page-4/#comment-142546http://raissarobles.com/2014/07/08/president-aquinos-dead-mom-president-cory-may-yet-save-her-son-from-jail-over-dap/?replytocom=142552#respondhttp://business.inquirer.net/27909/gov%E2%80%99t-has-only-p249-9b-of-2011-budget-to-spendhttp://business.inquirer.net/27909/gov%E2%80%99t-has-only-p249-9b-of-2011-budget-to-spendhttp://raissarobles.com/2014/07/08/president-aquinos-dead-mom-president-cory-may-yet-save-her-son-from-jail-over-dap/comment-page-4/#comment-142552


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183.2.2

Lawrence Seesays:

July 14, 2014 at 12:20 am

Isipin niyo yung timing. 2010 naluklok si PNoy. Hindi niya pinayagang

maisakatuparan ang mga proyekto na inaprubahan ng Kongreso noong

2009 sa ilalim ni PGMA. Isang taong na-hold ang mga proyekto dahil lahat

pinaimbistigahan o kung hindi, pinakansela. Dahil dito, nagkaroon ngsavings na itinatawag. Diyan nabuo ang DAP, galing sa perang dapat

nagamit sa bayan noong taong 2010. Makatarungan ba yon para sa milyon-

milyong pilipino na umaasa sa mga proyekto noong 2010? Para lamang

magamit sa 2011 sa termino ni PNoy? At saan napunta? Pabuya sa mga

senador at kongresista na bumoto upang ilaglag si CJ Corona.

Reply

o 183.3

chit navarrosays:

July 13, 2014 at 11:26 pm

@Jett Rink,

Siguro ngayon ka lang nagbabasa kaya ngayon mo lang naisip na may

DAP. O ngayon ka lang nabigyan ng pang=troll, di ba?


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chit navarrosays:

July 13, 2014 at 11:40 pm

Please check the website of DBM. All the projects on DAP is there.

The problem with us Filipinos is we tend to notice only sensationalized

news. Business news or financial news items are most often missed. But

DBM has a website online. And have been very transparent on what it is

doing.

Reply

o 183.5

Parekoysays:

July 14, 2014 at 11:43 am

Good comment @jett rink!

Question everything!

Be bold, be wise, and dont be a kiss ass!

Be consistent in questioning even yourself, questioning our loyalties.

Remember we should be loyal to the truth and not to these politicians

games!


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Dont defend personalities because their current intentions might be good,

but they are not perfect they are prone to errors too.

I am thankful and hopeful though that someone considered by the oppositionas abnormal is making big strides in fighting corruptions, eventhough it is

currently selective. But still, it is a big step! We in the Philippines has this

abnormal mafiosi type of past governments were our people are destined to

be bled dry by these vampires! If it takes an abnoy to get make a dent in the

fight against the oppositions corruptions, then so be it! We were hopeless

then, so these half baked prescriptions are good enough fir me at the

moment, it is a good start. It is like curing a cancer partly first without getting

rid of the other cancers(admin kurap officials) lest the body might not have a

shock and the patient may die due to aggressive treatment. I read

somewhere that when a person who went on hunger strike and eventually

decided to end his hunger, he was only given a small amount of food, else

his stomach might burst!

So as a person who believed that the Filipino is doomed because we

received the lion share of all the plague when God showered the goods

and the bads on earth at random, now with the unfolding events, I have toquestion my beliefs! There seems to be hope after all. PNoy might not totally

get rid of our plunderers, but he gave hope to us unbelievers that Yes, the

mighty could also fall, and hopefully with a thud so loud that the whole

archipelago could feel the tremors with a bang louder than Pinatubo and

Mayon combined.

These are extraordinary times and PNoy in his limited special ability has to

take actions, because the window of opportunity to right the past wrongs, thepad wrongs of the sainted mother, the past wrongs of his previous ally

Gloria, is soon closing. He needs to act in a very delicate complicated way,

for he know that even the viper pit of malacanang, he needs to work with

plunderers too. He knows he need to use them, he wanted them not to sin

no more, but his wants are just requests for now. Phase 1 was done wit


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Corona, Phase 2 is now here, were the opposition plunderers are in

jail/hospitals. He is tryong his abnormal best not to impose martial law, he is

trying his best not to skirt the constitution, but as I said the method is

complicated and prone to errors. I wish he knows his history, that Revolution

eats his children too!

For now I have to be patient with him, for the reason that if I can wait for 42

years since 1972 for any sign of something significantly important change,

then I am patient enough with the current dispensation of selective justice.

If ever the next president of 2016 decides to investigate PNoy, then so be it,

he will be judged on what his past deeds, and by then the Filipino people are

not gullible enough by propaganda. If Filipinos were stupid enough to lookthe other way of these plundererss deeds, I believe that they are intelligent

enough to understand why he needed to use methods that are leaning

towards unethical with abnormally good intentions!

We cant measure PNoys good intentions, we can only measurethe results,

and for now I give him grade A or B as in ABnoy!

(God really works in strage ways!- Blessed are the special persons for they

are purein heart!?)

Reply

9. 182

Joe Americasays:

July 13, 2014 at 6:06 pm
http://raissarobles.com/2014/07/08/president-aquinos-dead-mom-president-cory-may-yet-save-her-son-from-jail-over-dap/?replytocom=142596#respondhttp://raissarobles.com/2014/07/08/president-aquinos-dead-mom-president-cory-may-yet-save-her-son-from-jail-over-dap/?replytocom=142596#respondhttp://joeam.com/http://joeam.com/http://raissarobles.com/2014/07/08/president-aquinos-dead-mom-president-cory-may-yet-save-her-son-from-jail-over-dap/comment-page-4/#comment-142517http://raissarobles.com/2014/07/08/president-aquinos-dead-mom-president-cory-may-yet-save-her-son-from-jail-over-dap/comment-page-4/#comment-142517http://joeam.com/http://raissarobles.com/2014/07/08/president-aquinos-dead-mom-president-cory-may-yet-save-her-son-from-jail-over-dap/?replytocom=142596#respond


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Ive been spending the past half hour reading comments on this blog, and in

my opinion, which is not often humble, this blog stands as the absolute best a

blogger can do or expect. Well researched and laid out, of national

importance, a discussion that is upright and respectful and knowledgeable.

Like, wow.

Just wow!

Reply

o 182.1

raissasays:

July 13, 2014 at 7:07 pm

I owe all you guys my deep thanks.

Without all of you, I would just be one voice howling in the wilderness :)

Reply

o

182.2

Lawrence Seesays:

July 14, 2014 at 12:24 am


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Sang-ayon ako dito sa sinabi mo. Pagdating sa batas, talagang napaka-

ayos at kumpleto ng pananaliksik at paglalahad ni Atty. Raissa.

Reply

10. 181

yvonnesays:

July 13, 2014 at 10:46 am

HULI KA NA NAMAN JINGGOY !

.

Be careful with what you wish for, it may come around and bite you.

Well, it may just bite Jinggoy.

When the senator knew he would be accused of plunder, the second time

around in his political career, the senator engaged in what many consider as

scorched earth defense.

Kung ihuhulog nyo ako, isasama ko rin kayo.

Thus, Jinggoy gave a privilege speech at the Senate accusing the Aquino

administration of implementing DAP, suggesting DAP is illegal, if not

unconstitutional. He even admitted to receiving an allocation from DAP that

he claimed was an incentive (read: bribe) for the senators voting for the

conviction of Corona. It was an obvious attempt to divert public attention from

his troubles with PDAF, to DAP.
http://raissarobles.com/2014/07/08/president-aquinos-dead-mom-president-cory-may-yet-save-her-son-from-jail-over-dap/?replytocom=142564#respondhttp://raissarobles.com/2014/07/08/president-aquinos-dead-mom-president-cory-may-yet-save-her-son-from-jail-over-dap/?replytocom=142564#respondhttp://raissarobles.com/2014/07/08/president-aquinos-dead-mom-president-cory-may-yet-save-her-son-from-jail-over-dap/comment-page-4/#comment-142492http://raissarobles.com/2014/07/08/president-aquinos-dead-mom-president-cory-may-yet-save-her-son-from-jail-over-dap/comment-page-4/#comment-142492http://raissarobles.com/2014/07/08/president-aquinos-dead-mom-president-cory-may-yet-save-her-son-from-jail-over-dap/?replytocom=142564#respond


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Now that the Supreme Court declared part of DAP unconstitutional, Jinggoy

must be one happy guyhe started the DAP issue after all. His wish comes

true.

Well, not too fast, Jinggoy. Not yet, anyway.

According to the Supreme Court decision:

In that context, as Justice Brion has clarified, the doctrine of operative fact

can apply only to the PAPs that can no longer be undone, and whose

beneficiaries relied in good faith on the validity of the DAP, but cannot apply

to the authors, proponents and implementors of the DAP, unless there are

concrete findings of good faith in their favor by the proper tribunals

determining their criminal, civil, administrative and other liabilities.

Public officials who received allocations from DAP are considered its

implementors. Some of them can invoke the principle of good faith, but not

Jinggoy.

Good faith, he has none. By his own admission during his privilege speech,

which is now of public record, he admitted to having doubt on the legality of

DAP. He even admitted to receiving DAP that he claimed was given as an

incentive to convict Corona.

Absent the element of good faith for Jinggoy, the proper tribunals can

determine his criminal, civil, administrative, and other liabilities.

With PDAF and DAP, sino ngayon ang sisinghap-singhap?

Bato-bato sa langit, ang tinamaan ay ang naghagis.

Ang namamangka sa dalawang, kadalasay siyang nalulunod

In short, huli ka na naman Jinggoy!


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Reply

11. 180

vander anievassays:

July 13, 2014 at 6:18 am

@yvonne,

salamat sa post mo sa 162

Acts done in good faith pursuant to a law or executive act that is later

declared unconstitutional would remain valid and enforceable. It also applies

when the nullification of such acts would result in an injustice. In short,

unconstitutionality has prospective effects only.

anong tingin mo, maraming nagbasa pero hindi inunawa?pwede.

minsan pag excited ako may simpleng bagay na mahirap ko ring unawain.

sabi pa sa 162 Woodrow Wilson once said, If you want to make enemies,

try to change something.

dagdagan ko pa: ipakulong mo ang maraming magnanakaw, tiyak

magkakaroon ka ng maraming kaaway.

pati yung magnanakaw na hindi pa naipapakulong magiging kaaway na rin.

salamat sa maraming cpmers na ang nais ay makatulong sa bansa sa

pamamagitan ng pagmamasid, pamumuna at pagbibigay suhestyon sa

maraming katanungan sa mga isyung kabi-kabilang naglalabasan.


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Reply

o 180.1

leonasays:

July 13, 2014 at 11:19 pm

On No. 177 yvonne@Tama ka! Sen. Jinggoy is also a beneficiary at thesame an implementor! Blurting a confession in his privilege speech such

as:

Kung ihuhulog nyo ako, isasama ko rin kayo.; and another one

Bakit kami lang?,

which all admits and confesses a guilt of accepting an incentive, P50

Million pesos! a product of wrong doing he spoke in the Halls of the

Senate. Other senators? Quiet lang sila. But the record shows who also

received P50 Million. They have no idea if as incentive or what.

No. 176 vander anievas@only partial portions of DAP provisions or acts

were declared unconstitutional. The bases of such DAP portions affected

rides on EO 294 SECS. 38 and 49 which obviously were not declared

unconstitutional when looking at the acts questioned hinges on such

SECTIONS of EO 294.

Was the unconstitutional declaration complete? No. Effective? No.

Informative for the public and the country? No. Whether SECS. 38 and 49

were argued or not, it is without doubt that the questioned acts is based on

those SECTIONS. Thus, without declaring these SECTIONS as


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unconstitutional, the declaration is incomplete and remains doubtful if it is a

valid and constitutional declaration also.

To declare acts as unconstitutional the basis for the acts must be included

and not only the subject acts. It ended up only to the DAP acts but not even

SEC. 38 nor SEC. 49 of EO 294 the Rev. Adm. Code of 1987 were subject

of unconstitutionality declaration.

So, Acts done in good faith pursuant to a law or executive act that is a

legislative power remain valid and enforceable until declared

unconstitutional.

Reply

180.1.1

leonasays:

July 13, 2014 at 11:23 pm

supply correction: Art. VI Chap. 5for SECS. 38 & 49 of EO 294 Rev.

Adm. Code.

Reply

180.1.2


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totality of revenues and other receipts, expenditures and borrowings of all

levels of government and of government-owned or controlled corporations;

and prepared within the context of the national long-term plans and budget

programs of the Government.

SECTION 2. Mandate.The Department shall be responsible for the

formulation and implementation of the National Budget with the goal of

attaining our national socio-economic plans and objectives.

The Department shall be responsible for the efficient and sound utilization of

government funds and revenues to effectively achieve our countrys

development objectives.

SECTION 3. Powers and Functions.The Department of Budget and

Management shall assist the President in the preparation of a national

resources and expenditures budget, preparation, execution and control of

the National Budget, preparation and maintenance of accounting systems

essential to the budgetary process, achievement of more economy and

efficiency in the management of government operations, administration of

compensation and position classification systems, assessment of

organizational effectiveness and review and evaluation of legislativeproposals having budgetary or organizational implications.

Executive Order No. 292

ADMINISTRATIVE CODE OF 1987

It says and provides as a MANDATE to ensure that the utilization of funds

and operations of government entities are conducted effectively; in

SECTION 1 above.

The Department shall beresponsible for the formulation and

implementation of the National Budget with the goal of attaining our national

socio-economic plans and objectives. SECTION 2 above.


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The Department shall be responsible for the efficient and sound utilization

of government funds and revenues to effectively achieve our countrys

development objectives. 2nd Paragraph of SECTION 2 above.

At most, good faith appears in the formulation and implementation of the

DAP also from the above Mandate on Budget and Management provisions.

of Title XVII Chapter 1 Book IV of EO 294.

Reply

180.2.1

leonasays:

July 14, 2014 at 12:07 am

Book VII Final Provisions:

SECTION 28. Separability Clause.In the event that any of the provisions

of this Code is declared unconstitutional, the validity of the other provisions

shall not be affected by such declaration.

EO 294.

So far the SC decision has not made any declaration on any provisions of

this EO 294. Then is the decision declaring some DAP acts orimplementation unconstitutional but ignoring any provision or provisions of

EO 294 or specifically SECTIONS 49 and 38 of Book VI Chap.5 helpful for

effective dissemination and validity as pronounced in the Decision? The SC

can answer this.


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Reply

12. 179

chit navarrosays:

July 13, 2014 at 4:55 am

From the column of Prof. Randy David, PDI 13 july, 2014 -

Not being a lawyer, I could be wrong in my interpretation. But, it is obvious to

me that there is a vast difference between pocketing huge sums of public

money intended for public use, which is what the crime of plunder is about,

and the rearrangement by the executive branch of the budgetary priorities

previously approved by Congress, which is what the Disbursement

Acceleration Program did. The first is a clear criminal offense. The second

has been pronounced by the Supreme Court as a breach of the 1987

Constitutions principle of separation of powers, but it remains to be seen

whether any criminal liability proceeds from its being declared

unconstitutional.

The high court did not say or assume that public funds were stolen. In fact, it

praised the DAPs intention of stimulating economic growth. But it

emphatically said that this noble end cannot justify abuse of presidentialpowers, and must not be allowed. The Solicitor General, arguing for the

government, maintained that, as a policy measure, the DAP was conceived

on the assumption that it was in accord with the Constitution and the

Administrative Code.


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Reply

o 179.1

Victin Luzsays:

July 13, 2014 at 5:06 am

I agree @chit.with you I think what the SC wanted was for the DAPsavings not to FLOW funds next 2016 election into the HANDS of would be

anointed of PNOY.i , we have to accept our economy grew with the

DAP ( not all like COAs cross borders disbursement ) but imagine how much

money will go to the campaign FUNDs of ROXAS next 2016 if the SC will

not be CHECK by the S.C. ? tingnan muna natin kung sino ang anointed ni

PNOY..mahirap na baka si ROXAS parin .

Reply

179.1.1

vander anievassays:July 13, 2014 at 5:48 am

the best na siguro ung nasabi na rin ng karamihan sa atin dito.

NA imbestigahan ang lahat ng napondohang projects na galing sa DAP, at


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parusahan ang may sala.

dahil unconstitutional ang DAP katulad ng PDAF, ilahad nang mabuti at

may finality.

lahat tayo ay umaasang may kahihinatnang maganda at aral ang mga

kaganapang ito.

sa huli tayo pa rin ang panalo(o talo).

Reply

179.1.1.1

Victin Luzsays:

July 13, 2014 at 6:08 am

Tama@vander ..agree tayo dyan..

Reply

o 179.2

jaxiussays:

July 13, 2014 at 9:58 am


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Being a non-lawyer, Prof. David did not know of Article 220 of the Revised

Penal Code which says, Any public officer who shall apply any public fund

or property under his administration to any public use other than for which

such fund or property were appropriated by law or ordinance shall suffer the

penalty of prision correccional in its minimum period or a fine ranging from

one-half to the total of the sum misapplied, if by reason of such

misapplication, any damages or embarrassment shall have resulted to the

public service. In either case, the offender shall also suffer the penalty of

temporary special disqualification.

Rearrangement by the executive branch of the budgetary priorities

previou

Documents

Dapp and All