Aug 292014
 
Limiting the judiciary’s reach on the executive and the legislative branches will only upset the government’s system of accountability, former Commission on Elections (Comelec) chair Christian Monsod said Friday.

“‘Pag binawasan mo ‘yon, mag-iiba ‘yung checks and balances system natin,” he said in an interview with GMA News TV’s “News To Go.” “It’s a very delicate balance and once you upset one part of it, mag-iiba ‘yung accountability system.”

Monsod—a member of the 1986 Constitutional Commission—said the judicial overreach that President Benigno Aquino III is referring to is only based on the Supreme Court decision declaring parts of the Disbursement Acceleration Program (DAP) as unconstitutional.

He added that out of the four acts pointed out by the SC, only one—cross-border use of savings—is considered a constitutional issue, while the other three are “all in the Appropriations Act” and “can be solved by ordinary legislation.”

Acts deemed unconstitutional by the SC inlude:

– the withdrawal of unobligated allotments from the implementing agencies;
– the declaration of the withdrawn unobligated allotments and unreleased appropriations as savings prior to the end of the fiscal year and without complying with the statutory definition of savings contained in the General Appropriations Act; and
– the funding of projects, activities and programs that were not covered by any appropriation in the GAA.

Monsod said Aquino’s remarks against the high court came at an “unfortunate” time, when his allies are lobbying to amend the Constitution to allow him to seek for a second term.

“Isinabay niya ‘yon sa opening up ng alisin ‘yung term limit tapos babawasan ‘yung powers ng Supreme Court — double barreled ‘yon kasi he can use discretionary funds and who will question it?” he said.

In recent interviews, Aquino said that he is considering Charter change to put a limit on judicial reach.

In a televised speech last July, he openly criticized the SC over its decision on DAP.

The Supreme Court decision on DAP has become the basis for the filing of at least two impeachment complaints against Aquino. Rose-An Jessica Dioquino/KBK, GMA News

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