Malversation and graft and corruption charges instead of usurpation of legislative powers should have been meted on former President Benigno Aquino and his Budget Secretary Florencio “Butch” Abad over the Disbursement Acceleration Program (DAP) scandal, Sen. Richard Gordon said yesterday.

Ombudsman Conchita Carpio-Morales last Tuesday indicted Aquino along with Abad with usurpation of legislative powers which is the lighter charge compared to the initial complaints filed against both.

“They were even guilty of malversation, technical malversation in which usurpation is already absorbed.

In order to commit malversation, they usurped the powers of Congress,” he said.

Gordon explained that it amounts to technical malversation because Aquino and Abad tampered with appropriations by declaring it as savings so they could spend the fund somewhere else.

“They were even guilty of malversation, technical malversation in which usurpation is already absorbed.”

He said both officials deliberately substituted their judgement for the judgement of Congress.

“And then they cavalierly declared savings so they can spend the money for a purpose for which it was not intended for. Imagine, declaring savings in the middle of the year. In any language, savings can only be declared at the end of the year. They thought nobody could question them,” Gordon said.

Gordon, chairman of the Blue Ribbon Committee, pointed out Aquino and his officials have committed such acts repeatedly, in the procurement of P3.5-billion worth of Dengvaxia vaccine and misuse of P10.6-billion PhilHealth funds allotted for senior citizens.

“It goes into habit, which is why they should file a bigger case. Because in Dengvaxia they did the same, they transferred money. Then in the PhilHealth case, again they transferred money for purposes other than what it was intended for. So that’s habit and that’s considered aggravating,” he said.

“It’s a disease that has been there for a long time. There is a paper trail and witnesses so I see all of them culpable. There’s a very big possibility that all three of them, including (former Health Secretary Janette) Garin, will land in jail along with the others for Dengvaxia,” Gordon said.

“Also in the case of PhilHealth kasi ganun din ang ginawa nila. Nagconspire silang dalawa ni Padilla (and Garin) na sabihin na hindi nila kailangan ng PhilHealth yung fund. Tapos a year later, sinabi ni Padilla na kailangan nila. Pero nakuha na nila yung pera. Obviously, it was for the campaign,” he added.

“It has been a habit of Abad to make use of savings for other purposes,” Sen. JV Ejercito added citing the case of Dengvaxia controversy.

Selective justice was employed by the Ombudsman and more severe charges should have been imposed on former President Aquino and his former budget secretary Florencio “Butch” Abad over Disbursement Acceleration Program (DAP) controversy, officials asked on the decision Ombudsman Conchita Carpio-Morales indicting Aquino over the multi-billion peso scam said.

“The complaints, and these do come only from the President, those charged in the DAP were only in the opposition during the time of President Aquino; that’s why the complaints by many – selective justice,” Presidential spokesman Harry Roque said.

“Some quarters are already asking why [the charges were] only usurpation which is punishable only by six months. The original complaint was malversation,” Roque said.

Roque, a former lawmaker, said he has yet to read the Ombudsman decision but he could surmise that “perhaps there were no personal benefits that’s why they reduced it to usurpation.”

“And I think Abad is very much guilty of this,” Ejercito said while agreeing to assertions of some observers that the recommendation of the Ombudsman was just a slap on the wrist on Aquino and Abad.

But as far as Aquino is concerned, Ejercito said the former president could be guilty of negligence.

“It’s the call of the Ombudsman as a Constitutional office to file charges and we are still nonetheless pleased that the Ombudsman has filed information to bring about accountability even from one who was the highest officer of the land, former president Noynoy Aquino,” Roque added.