MANILA – Malacañang can be held liable for the Disbursement Acceleration Program (DAP), a fund scheme containing several portions that were declared unconstitutional, according to the Supreme Court (SC).
The court said that “authors, proponents and implementors” of the DAP will be held liable “unless there are concrete findings of good faith in their favor by the proper tribunals determining their criminal, civil, administrative and other liabilities.
”
As a response to this ruling, the Office of the Ombudsman has recently launched a probe which will investigate the possibility that a crime or an offense was committed by the officials in the creation of DAP.
Citing Republic Act 6770 or the Ombudsman Act of 1989, which states that the anti-graft body may initiate investigation motu propio (on its own) or even without a complaint, on “any act or omission of any public officer or employee, office or agency, when such act or omission appears to be illegal, unjust, improper or inefficient,” Ombudsman Conchita Carpio-Morales said they are now initiating the probe.
“In light of the Supreme Court’s decision on the DAP case, we are initiating an investigation into the matter,” Morales said in a statement.
The ombudsman was also granted the power to investigate impeachable officers committing serious misconduct in office.
The said power, however, is only for the goal of filing a verified complaint for impeachment, if warranted.