What’s Wrong with PNoy? PRES. AQUINO WARNS SC OF HEAD-TO-HEAD CLASH

By Manny Pinol

“My message to the Supreme Court: We do not want two equal branches of government to go head to head, needing a third branch to step in to intervene. We find it difficult to understand your decision. You had done something similar in the past, and you tried to do it again; there are even those of the opinion that what you attempted to commit was far graver.” – President Benigno S. Aquino III, July 14, 2014 Address to the Nation.

Johannesburg, South Africa – Even in faraway South Africa, I could not help but feel a tingling in my spine, perhaps even a slight tremble, as I read and try to understand the implications of the very bold statement by the country’s President addressed to the Supreme Court.

In trying to gain public support for his position on the controversial Disbursement Acceleration Program (DAP) earlier declared as unconstitutional by the Supreme Court, President Aquino has publicly threatened the justices of the Highest Court of the land with a “head to head” clash if they do not change their legal stand on the DAP.

This is unprecedented in Philippine history.

Even the dictator Ferdinand E. Marcos, at the height of his power, acquiesced, even just theatrically, to the Supreme Court. Indeed, he controlled the Supreme Court but he made sure that he deferred to the Highest Court on matters of law, if only to show that there was indeed a separation of power between the three branches of government.

I am alarmed by the implications and repercussions of President Aquino’s very daring statement “H’wag nyo kaming harangin.”

“Do not stand in our way.” That is the translation in English of his statement.

Even a non-lawyer understands that the Supreme Court’s ruling on the DAP was based on its interpretation of the law covering the expenditure of public funds.

And the law is very clear. No money of government could be spent without the benefit of an appropriation act, which is a power given to the third branch of government – Congress.

By simply collecting all the presumed “savings” from the different departments of government before the end of the year and realigning these funds to finance projects not included in the General Appropriations Act which Congress approves and passes every year is a violation of the law.

That is as plain and simple and clear as can be.

There are no ifs and buts.

There is no provision in the Constitution which says that if the intention of the leader of the country is “noble” and things are done in good faith, he is allowed to act beyond what the Highest Law of the land prescribes.

This is what the legal advisers of the President could not seem to successfully transmit and explain to the President.

There are actually other ways of doing what the President would like to do without the risk of violating the Constitution.

First, the national government must implement realistic and effective budgeting making sure that the priority projects of the President are given the needed funding for the following year.

This would effectively lessen the problem of “sleeping” and “unused” funds in each and every department, thus there is no need to collect them before the end of year and for Malacanang to disburse it as it wishes because that violates the Constitution.

President Aquino is not President for one year but six years. Assuming that he did not like the way government funds were allocated per department when he assumed office halfway in 2010, he could have made sure that the 2011 General Appropriations Act provided funding for his pet projects.

Granting that the Department of Budget and Management was not able to do that in 2010 for the 2011 Budget, it could have been done in 2011 for the 2012 Budget, 2012 for the 2013 Budget and so on and so forth.

Second, there is a Constitutional way of realigning “sleeping” funds especially during times of emergency. But this has to go through Congress.

That’s just the way it is as defined in the Constitution which was framed in 1987.

It could be tedious and bureaucratic but the only other option is to enthrone a benevolent King who could do things as he pleases and who follows not a written Constitution but the dictates of his heart.

Sadly, we are not a monarchy. We are a democratic republic with three co-equal branches of government who work in harmony by respecting each others powers and responsibilities as defined in the Constitution.

Noble intentions and good faith could never be invoked by any of the three branches as an excuse in transgressing the boundaries of any one branch.

Not even an honest and well-intentioned President like Benigno S. Aquino III is licensed to do that.

(Photo credit: Interaksyon 5)