WHERE IS DAP?: No Comelec exemption for Capitol’s DAP funds, documents show

A FORMER capitol executive and freelance journalist said there is ample ground to criminally and administratively sue Iloilo Gov. Arthur Defensor Sr. for committing graft and for violating the Omnibus Election Code.

Manuel “Boy” Mejorada said documents provided by Office of the Provincial Administrator Raul Banias and other departments that released Disbursement Acceleration Program (DAP) funds during the 2013 elections indicated that the capitol failed to secure clearance and exemption from the Commission on Elections (Comelec).

Documents from the Department of Budget and Management and even the Capitol itself indicated that from Mar 19 until May 9, 2013, or four days before the elections on May 13, the capitol released a total of P22.265 million in educational and financial/livelihood aids.

The money came from the DAP fund allocations of the provincial government, as requested by Gov. Defensor Sr. himself, under Special Allotment Release Order (SARO) No. G-13-00545 totaling P40.5 million which was also released in the middle of the campaign season on Mar 4, 2013.

Mejorada cited Section 1(2) of Comelec Resolution 9585-2012, which sets the guidelines for the Omnibus Election Code, which says that the Department of Social Welfare and Development and such other offices performing similar functions are prohibited from releasing financial assistance during campaign period.

In the case of the Capitol, Mejorada said he asked the Provincial Social Welfare and Development Office (PSWDO) for a copy of the Comelec resolution exempting the provincial government from the ban on the release and distribution of financial aid during the campaign period.

The reply sent by PSWDO head Neneth Pador included a letter from then Comelec Regional Director Renato Magbutay dated February 5, 2013, which merely reiterated the provisions of Comelec Resolution 9585-2012, particularly the release of financial aid.

The resolution, however, said the ban does not cover “salaries of personnel and for such other routine and normal expenses and for such other expenses as the commission may authorize after due notice and hearing.”

Mejorada said the last portion of the exceptions to the Comelec resolution refers to exemptions issued by the poll body after due filing of a motion and hearing.

“This is a formal request for exemption. In fact, in my research, the DSWD also sought exemption from the Comelec for its 4Ps or conditional cash transfer but the Comelec denied it. And the 4Ps program is a regular program of the DSWD funded by the General Appropriations Act. And here comes the Capitol releasing DAP funds as financial aid without Comelec exemption. To think that DAP was declared illegal and unconstitutional by the Supreme Court,” he added.

The SC said DAP is illegal and unconstitutional on the following grounds:

• the creation of savings prior to the end of the fiscal year and the withdrawal of these funds for implementing agencies

• the cross-border transfers of the savings from one branch of government to another

• the allotment of funds for projects, activities, and programs not outlined in the General Appropriations Act.

The High Tribunal affirmed the unconstitutionality of DAP in February 2014.

Mejorada said the Capitol might have misinterpreted Magbutay’s letter as an exemption of sorts for the release of DAP funds as livelihood and educational aids during the campaign.

“Maybe they thought the release of DAP funds was a normal and routine function of their office.

But this clearly shows a direct defiance of the Omnibus Election Code. And no less than Gov.

Defensor is involved here because he signed the orders and papers for the release of DAP funds,” he added.

As a former provincial administrator, Mejorada said normal and routine expenses refer to salaries of workers, payments for utilities, and even fuel expenses to keep the Capitol and its offices running.

“Salaries and similar expenses cannot be delayed by the campaign period. You cannot wait until the election season is over before paying the workers. You cannot equate DAP funds to these expenditures because it is not covered by an appropriation made by law. This is the reason why it has been declared illegal and unconstitutional. It’s bad enough they DAP is illegal, worse, they used the funds as dole outs during the campaign period sans Comelec exemption,” he said.

BURIAL AID

Executive orders issued by Gov. Defensor on the release of DAP funds during the campaign period also indicated that money were distributed as burial assistance, aside from livelihood and educational assistance.

But instead of releasing the money through individual voucher, Defensor authorized cash advances to several personnel from the treasurer’s office so they can hand out burial assistance.

Mejorada said the procedure is dubious because every release must be covered by a voucher and backed by documentary requirements, depending on the nature of assistance sought. If it is for burial assistance, the beneficiary must present the death certificate of a departed relative. If it is for medicines, prescriptions and other necessary medical documents must be presented.

Based on the papers he secured, the cash advances as authorized by Defensor ranged from P400,000 to P600,000  and were released in succession at least two to three days before the May 13, 2018.

Mejorada also noticed that in a matter of three days, Defensor released more funds for burial assistance.

“Maybe Gov. Defensor foresaw that a lot of people will die in just three days that’s why he authorized the release through cash advances,” he added.

Mejorada said he has no recourse but to file cases against Defensor before the Ofice of the Ombudsman for allegedly squandering public funds for election purposes.

He said Defensor is liable for violating Republic Act 3019 (Anti-Graft and Corrupt Practices Act) and the Omnibus Election Code.

While he will not implicate the Capitol disbursing officers in the case as respondents, Mejorada said the Ombudsman might investigate them for their role in the release of DAP funds during the campaign period.

“I pity them because they might be pinned down in the case. But I have no choice but to name them being the disbursing officers,” he added.

SOURCE: The Daily Guardian

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