THE Office of the Ombudsman on Thursday ordered former President Benigno Aquino III to comment on the usurpation case he is facing in connection with the implementation of the P72-billion Disbursement Acceleration Program from 2011 to 2013.
The Ombudsman ordered Aquino to file a comment on the motions for reconsideration filed by the complainants Bayan Muna Rep. Carlos Isagani Zarate, Bagong Alyansang Makabayan secretary general Renato Reyes, Benjamin Valbuena, Volunteers Against Crime and Corruption founding chairman Dante Jimenez, theater artist Mae Paner, Antonio Flores, Kalipunan ng Damayang Mahihirap president Gloria Arellano, and Bonifacio Carmona Jr.
Aquino and the other accused were given 15 days to reply after receiving the order.
On March 13, Zarate and company filed their motions for reconsideration questioning the March 7 Ombudsman resolution why Aquino was cleared of administrative and criminal charges.
They cited “errors” in the Ombudsman’s decision, called for Abad’s indictment for graft and technical malversation and maintained that the Ombudsman “committed grave errors of facts and laws” in evaluating Aquino and Abad’s culpability.
Ex-Budget secretary Florencio Abad also submitted his own plea and challenged his indictment for usurpation.
Ombudsman Conchita Carpio Morales found probable cause to indict Abad for violation of Article 239 of the Revised Penal Code, or the Usurpation of Legislative Powers.
The case stemmed from Abad’s issuance of National Budget Circular 541 to carry out the implementation of the P72-billion DAP.
The circular authorized the withdrawal of unobligated allotments of agencies with low levels of obligations as of June 30, 2012.
During the investigation, the Ombudsman found that by issuing NBC 541, Abad unlawfully encroached on the powers of the House of Representatives by effectively modifying the provisions on the savings from the 2012 General Appropriations Act.
In 2014, the Supreme Court declared unconstitutional the acts committed in pursuance of the DAP.