MANILA, June 20 (Xinhua) -- The Ombudsman of the Philippines indicted on Wednesday former President Benigno Aquino for usurpation of legislative powers over the controversial Disbursement Acceleration Program (DAP).

The ombudsman said in a statement that it found probable cause to file a case against Aquino before an anti-graft court, saying Aquino violated Article 239 of the Revised Penal Code (RPC).

The ombudsman said the indictment stemmed from the unlawful issuance of National Budget Circular (NBC) No. 541 to implement the DAP involving 72 billion pesos (1.3 billion U.S. dollars) public funds.

The ombudsman's decision reverses its 2017 decision which cleared the former president of the charges over alleged illegal implementation of the DAP when Aquino was in office.

"A re-evaluation of the case establishes that the individual actions of respondent Aquino and respondent-movant (Florencio) 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, quoting a resolution issued on May 22, 2018.

Abad served as budget secretary during the Aquino administration. The ombudsman has earlier indicted Abad for usurpation of legislative powers.

Usurpation of legislative powers is the lesser charge, penalized by prison time of six months to six years and a fine not exceeding 1,000 pesos (18.71 U.S. dollars) as stated by Article 239 of the RPC.

Aquino can still ask the ombudsman to reconsider its latest decision.