Malacanang said on Thursday it is "pleased" with the order of the Ombudsman to formally charge before the Sandiganbayan former President Benigno Aquino III over the controversial Disbursement Acceleration Program.

But the charge should not only be usurpation of legislative authority, which carries lighter penalties, Presidential Spokesperson Harry Roque said in a press briefing.

Under the Article 239 or usurpation of legislative powers of the Revised Penal Code, the penalties imposed are prision correccional in its minimum period (from six months and one day to two years and four months), temporary special disqualification and a fine.

Roque said some quarters were asking why only usurpation when the original complaint was for malversation of public funds.

Under the RPC, malversation of public funds carries the maximum penalty of reclusion perpetua (20 years and one day to 40 years).

While Aquino and the other defendants in the case could not have benefited personally, Roque echoed what former Senator Jinggoy Estrada has said that DAP could have been used to buy votes for the impeachment of then late Chief Justice Renato Corona.

Estrada, who has posted bail, is facing plunder case in relation to his pork barrel when he was still a senator. He denied the allegation.

DAP, which was declared as unconstitutional by the Supreme Court, was introduced by the Aquino administration in 2012 to accelerate public spending and to boost economic growth. Under the scheme, the Department of Budget and Management under then Secretary Florencio Abad earmarked millions of pesos to some lawmakers, particularly senators, for their projects and programs.

The Senate, which acted as the impeachment court, found Corona guilty of betraying public trust and committing culpable violation of the Constitution and thus, removed from office in May 2012.

"But nonetheless, the position of the Palace is: it is the call of the Ombudsman as a Constitutional office to file these charges and we are still nonetheless pleased that, again, 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 said.

The spokesman, however, also said Aquino and Abad should not only be the former officials who have to face trial in relation to DAP.

He said there could be other Aquino allies who should be charged. Celerina Monte/DMS