Questions on DAP Decision

I list of some questions to the Supreme Court in its decision on DAP

Does filing motion for Reconsideration reverse Supreme Court’s 13-0 decision?

As non public official, I have no authority to speak representing government. However the filing of MR is not required to reverse its decision. Justices will not turn it around, but instead they will clarify and modify it.

Can you comment on Aquino’s argument on the doctrine of operative fact page 90, “cannot apply to the authors, implementers and proponents of DAP, unless there are any concrete findings of good faith in favor by tribunals in determining their civil, administrative, criminal and other liabilities.”

I could not explain this statement since it is just a nonbinding side comment and it’s not supported with dis-positive portion.

Why practices and acts under DAP are unconstitutional?

“Acts and practices with DAP” Let me cite situation, President has the power of appointment, such power has limitations. Eg. Philippine constitution says that “Filipino may be named judge, if the Aquino appoints alien to judiciary that is an “act” and that is unconstitutional, not his power to appoint.

Can any President in the future use DAP?

Yes, president has the right to transfer funds from one to another in observance to the constitutional limitations. “Practice and acts under it”