In the twilight of her term, Ombudsman Conchita Carpio-Morales has included former President Aquino among those indicted in the controversial Disbursement Acceleration Program (DAP) case for usurpation of legislative powers along with earlier charged former Budget Secretary Florencio Abad, a decision which Morales’ critics said was another instance of selective justice.

The recommendation has a lighter penalty than graft charges on both sought in a motion for reconsideration of militant group Bayan Muna.

“Let justice be done,” Presidential spokesperson Harry Roque said on Morales’ decision.

Morales earlier had found probable cause to charge Abad, but not Aquino, who she earlier had said was not liable for the DAP mess.

The friendly ruling on Abad and Aquino has spawned allegations of selective justice against Morales in which Aquino and his allies are shielded while giving priority to charging opponents of the former leader.

Usurpation of legislative powers carries a prison term of six months to six years and a fine not exceeding

P1,000 as stated under Article 239 of the Revised Penal Code (RPC).

Morales’ resolution on the motion for reconsideration was dated June 14, but was released to media only yesterday.

“Individual actions of respondent Aquino and respondent-movant Abad showed a joint purpose and design to encroach on the powers of Congress.”

“A re-evaluation of the case establishes that the individual actions of respondent Aquino and respondent-movant Abad showed a joint purpose and design to encroach on the powers of Congress by expanding the meaning of savings to fund programs, activities and projects under the DAP,” the Ombudsman said.

Morales had faced criticism for employing selective justice on Aquino and his allies.

In a 2014 ruling, the Supreme Court ruled certain Executive actions creating the DAP as unconstitutional.

Complainant Bayan Muna alleged bad faith in instituting DAP because Aquino was supposed to be aware that only Congress can make new appropriations.

DAP authorized the inter-agency juggling of savings to be able to use money for public projects.

The Office of the Ombudsman, in a statement, said Aquino is liable because he approved Abad’s actions in instituting DAP.

“It is thus clear that respondent-movant Abad sought the approval of respondent Aquino on both the request for authority to pool savings to fund the DAP and the request for omnibus authority to pool savings/unutilized balances. In both instances, respondent Aquino knowingly gave his approval. His approval prompted the issuance of NBC 541 which directed the withdrawal of unobligated allotments and unreleased appropriations and their declaration as savings which is contrary to law,” the Ombudsman said in the resolution.