The Supreme Court’s crucial role
By Randy David
Philippine Daily Inquirer
1:05 am | Sunday, October 13th, 2013
A lot of vagueness attends current discussions of the pork barrel. The lack of precision in the use of terms complicates questions like: what to abolish, who has the power to abolish, and how to reform the system. The ongoing hearings at the Supreme Court have clarified the meanings of many of the terms we take for granted. It is fascinating to see how issues are differently framed by the courts, by the media, by academe, and by the antipork movement.
The main question raised to the high court is not about the pork barrel system itself, which can take various forms in different countries. It is, rather, specifically about a lump-sum appropriation found in the present national budget or the General Appropriations Act (GAA) of 2013, a law passed by Congress. This lump-sum expenditure goes by the name “Priority Development Assistance Fund” (PDAF), from which members of Congress are allowed to draw the funds they need for their special projects. The PDAF in the 2013 budget has a remaining balance of more than P13 billion. But, the same lump-sum provision appears in the proposed 2014 budget, with P25 billion allotted to it.
In response to urgent petitions, the high court had issued a temporary restraining order on the release of the remaining PDAF for 2013. The petitioners are asking the Court to declare the fund unconstitutional on the ground that it violates the separation of powers between the legislative and executive branches of government.
Prior to this, a few days before the “Million People March” at Luneta, President Aquino hastily called a press conference at which he announced that it was time to abolish the PDAF. Appearing with him in what was clearly an effort to project unanimity of intention were Speaker of the House Feliciano Belmonte and Senate President Franklin Drilon. The public was thus made to believe that the PDAF was indeed on its way to being scrapped. This is where, I think, the confusion began.
Speaking for the government, Solicitor General Francis Jardeleza last week asked the Supreme Court to lift the TRO to enable the students and the sick who are listed as beneficiaries of lawmakers’ PDAF to receive the educational and medical assistance they need without delay. This prompted Justice Antonio Carpio to ask the Solgen why he thought it was still necessary to lift the TRO if the President had already abolished the PDAF. Jardeleza had to admit that the fund was still there. Carpio then reminded him that if the PDAF is part of the GAA, and is therefore a law, then only Congress can repeal it. The Supreme Court may declare it unconstitutional, he said, but the President does not have the authority to unilaterally scrap it.
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For October 12, 2013 Saturday
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Winning numbers in exact order
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