MANILA - President Rodrigo Duterte’s legal adviser on Friday slammed the Ombudsman’s decision to indict former president Benigno Aquino III only with usurpation charges in connection to the controversial Disbursement Acceleration Program (DAP).

In a statement, Chief Presidential Legal Counsel Salvador Panelo said given the huge amount involved, “the crime charge should have been plunder or at the very least a case of graft and corruption.”

“While in the narrow sense the indictment of former President Benigno Aquino III is a welcome development or a push on PRRD's relentless campaign against graft and corruption, it must be noted however that charge is but a consuelo de bobo indictment,” he said.

“There is a glaring discrepancy of the act committed as against the complaint filed,” he added.

Ombudsman Conchita Carpio Morales, weeks before her retirement, found probable cause to hail Aquino to court for the alleged unlawful issuance of National Budget Circular No. 541 for the implementation of DAP, an economic stimulus program.

The issuance authorized the release of P72 billion in funds through the withdrawal of unobligated allotments from various government agencies in 2012.

The anti-graft body's latest move reverses it's 2017 decision which cleared Aquino of charges over the alleged illegal implementation of the DAP in 2011, 2012, and 2013.

Former Budget Secretary Florencio Abad was the only official found liable in the supposed illegal implementation of DAP last year.

Aquino and Abad could face 6 months to 6 years imprisonment if found guilty of usurpation of legislative powers under Article 239 of the Revised Penal Code.

Panelo insinuated that Morales, an appointee of the former president, had been indicting Aquino for less serious offenses, just like what happened in his case involving the Mamasapano massacre.

Aquino was only charged with graft and usurpation of authority over a botched 2015 operation in the Maguindanao town that left 44 elite cops dead. The Supreme Court has temporarily stopped the Ombudsman from absolving Aquino in the multiple homicide charge filed against him.

• Aquino charged with graft, usurpation of authority over Mamasapano

“The present charge against the former President is a repeat of the anomalous previous charge against him arising out of the Mamasapano incident where instead of being charged with reckless imprudence resulting to multiple homicide, only a usurpation of authority [charge] was filed,” Panelo said.

“There must be a rectification of this omission and the process of reversing such indictments is in progress. The Supreme Court has stopped the trial of Aquino on the Mamasapano tragedy petition of the Solicitor General.”

‘AQUINO DID NOT POCKET MONEY’

Senator Panfilo Lacson expressed his support for Aquino, saying it is clear the former president "did not pocket any DAP money" based on the case filed against him, hence the lighter offense of usurpation of legislative powers.

"While I feel for the former president, the question on his possible culpability on the actions taken by his DBM secretary will largely depend on the documents and paper trail made available to the Ombudsman prosecutors to prove or disprove his direct or indirect participation," he said in a statement.

"What is clear, though, is that former President Aquino did not pocket any DAP money, hence the case filed is for usurpation of legislative power and not violation of the Anti-Graft and Corrupt Practices Act," Lacson added.

The Liberal Party, meanwhile, defended Aquino's actions in relation to the implementation of the DAP.

"The DAP was crafted with the intention to deliver the services and infrastructure needed by the people and guided by the laws available to the executive. This is why former President Aquino gave his nod to the program," the party said in a statement Wednesday.

"Before all courts and until the very end of the process, former Pres. Aquino will show that he did not commit any illegal act. He will respect the process, as he expects that his reasoning be also given due course," it added.