ABOLISH THE PORK
BARREL SYSTEM THRU
PEOPLE’S INTITITIVE
BAYAN MUNA
Rep. Carlos Isagani T. Zarate
Government has no money for:
1. Genuine Agrarian Reform
2. Industrialization
3. Health care and other public
service th...
Year Debt Interest
2013 5.9 Trillion
333.9
Billion
adjusted
2012 5.5 Trillion
312.8
Billion
actual
2011 4.9 Trillion
279.0...
What Makes a Pork, Pork
Philippine Pork Barrel System
The pork barrel system is not
however limited to the legislators.
It includes the pork barr...
Why is pork barrel inherently
anomalous?
1. It is a source of graft and corruption
2. it distorts budgetary needs and
pr...
THE PORK BARREL SYSTEM: SOURCES
1. Lump-Sum Appropriation– funds allocated
without being broken down into detailed
purpose...
3. DBM Circular 541 (2012) –issued by the DBM
realigning “unobligated allotments” by mid year, to
“projects not considere...
Priority Development Assistance Fund (PDAF)
2002 5,677,500
2003 8,327,000
2005 6,100,000
2007 11,445,645
2008 7,892,500
20...
Special Purpose Funds
2002 211,845,056
2003 267,834,997
2005 254,145,611
2007 193,417,998
2008 562,890,352
2009 549,044,22...
Unprogrammed Funds
2002 21,114,977
2003 54,275,880
2005 34,854,520
2007 61,129,460
2008 114,492,091
2009 75,970,194
2010 1...
Year Transfers from Transfers to Surplus/Deficit Regular Budget
2002 3,510,150 (3,510,150) 0 363,278,672
2003 15,043,649 (...
IN BUDGET ITEMS (Funds in the NEP and GAA)
Special Purpose Funds
Allocation to Local Govt Units (ALGU)
To the IRA of local...
Malampaya Fund Misuse
No
.
Name of Agency Total amount released
1 Department of Agriculture P5,824,000,000
2 Department of...
YEAR / SARO RECIPIENT AMOUNT
2009 / 138 SAROs Non-Energy related expenses P 7.094 Billion
2009/ 2 SAROs DILG-PNP P 2.14 BI...
YEAR / SARO RECIPIENT AMOUNT
F-11-00599 NPC P 2 BILLION
NPC P 1.62 BILLION
NPC P 3 BILLION
No. A-11-00842 DILG – Pantawid ...
SARO RECIPIENT AMOUNT
2011 AFP-DND P 4.9 BILLION
Sitio Electrification Project P 814.4 MILLION
2011 Barangay Line Enhancem...
Section 5.7 The withdrawn allotments may be:
xxx
5.7.2 Realigned to cover additional funding for other
existing programs a...
Art. VI, Sec. 25 (5) - No law shall be passed authorizing any
transfer of appropriations; however, the President, the
Pres...
Year Amount (in Billion Php)
2011 83.53
2012 58.7
2013 15.3
Total 142.23
Item Amount
To purchase “additional
train cars”, according to
DBM
P4.5 Billion According to DOTC, there will be no additio...
Item Amount
Conduct of survey on
farmers and fisherfolks by
DAR and DA
P625 Million 625 million pesos on a survey????
Agra...
“Panahon na
po upang
i-abolish ang
PDAF.” –
Pres.
Aquino, 23
Aug. 2013
House Bill 298
Makabayan bloc files
House Resolution
calling for the
abolition of the pork
barrel system,
itemization of l...
Aquino – Pork Barrel System to remain
The Hidden Congressional Pork in
the 2014 Budget
“PDAF” is abolished
but congressional pork is not
I.The Belgica v. Ochoa ...
SC: Pork is unconstitutional
Pork Barrel System
-“the collective body of rules and practices…by
which lump-sum, discretion...
SC: Pork is unconstitutional
Congressional Pork
- “lump-sum, discretionary fund wherein legislators,
either individually o...
Why is congressional pork unconstitutional?
I. Separation of powers
Legislators cannot exercise executive functions
such a...
Why is congressional pork unconstitutional?
III. Checks and balances
Lump sums diminish the item veto power of
president.
...
 
WHERE’S THE NEW
HOUSE PORK?
 
DOLE = P1.022 billion
DOH = P3.194 billion
DSWD = P4.090 billion
CHED = P4.124 billion
TES...
House Pork
Department Program Amount
DOH Assistance to Indigent Patients 3,193,950,000
DOLE Government Internship Program ...
Allocation per House Member
AGENCY ALLOCATION
DOH 10.5 M
CHED 14.0 M
TESDA 3.5 M
DSWD 14.0 M
DOLE 3.5 M
DPWH 24.5 M
TOTAL ...
House Pork DOH Pork
Special Provision 8. Assistance to Indigent Patients
-“for hospitalization and the grant of assistance...
House Pork DOLE Pork
Special Provision 8. Government Internship Program (GIP) and
Tulong Panghanapbuhay sa Ating Disadvant...
House Pork
TESDA Pork
Special Provision 4. Special Training for Employment Program
-“for the conduct of community-based sp...
House Pork
DSWD Pork
Special Provision 4. Crisis Intervention Program
-“to provide financial assistance to individuals and...
House Pork
DPWH Pork
Special Provision 8. Regional and Local Infrastructure Program
- “for the construction and rehabilita...
House Pork
CHED Pork
Special Provision 3. Scholarship Program
- “for the grant of scholarship assistance to deserving stud...
Senate
Pork
From L to R:
Alan Cayetano, Pia Cayetano,
Miriam Santiago, JV Ejercito,
Jinggoy Estrada, Lito Lapid,
Ralph Rec...
Senate PorkSENATOR AGENCY AMOUNT
A. Cayetano Calamity Fund P200 M
P. Cayetano Calamity Fund 200 M
Santiago Calamity Fund 2...
Senate PorkSENATOR AGENCY AMOUNT
Revilla DPWH 84.5 M
DOH 75 M
UP System 35 M
Trillanes PNP 7.4 M
Philippine Army 27.95 M
P...
Formal and Informal Practices in
Accessing Congressional Pork
“The Court hereby declares the 2013 PDAF Article all other
P...
Formal and Informal Practices in
Accessing Congressional Pork
FORMAL PRACTICES
- those expressed in laws and implementing ...
Formal and Informal Practices in
Accessing Congressional Pork
A portion of the DPWH’s 2014 budget under Local Projects
Formal and Informal Practices in
Accessing Congressional Pork
“The Court also observes that this concept of legislator
con...
Implementing
guidelines for
DSWD’s Crisis
Intervention
Program (a portion
of the P
4,090,769,000 added
to DSWD)
This memo ...
III. Implementing Procedures/Guidelines
3.2 type, kind, and amount of financial assistance
- based on assessment and recom...
Formal and Informal Practices in
Accessing Congressional Pork
A portion of the “wish list” circulating among Congressmen/w...
BASIC SERVICES DEPRIVED OF BUDGET
LAND REFORM HOUSING
EDUCATION HEALTH
Draining our funds and
resources
1. DEBT SERVICING—Php 700-800
Billion per year
2. MISPLACED PRIORITIES AND
PROJECTS (PP...
Where to rechannel Pork ?
P25.24-B PDAF – Abolish and re-channel to basic
social services and government employees’
salar...
P83.87-B Unprogrammed Fund – Re-channel to
basic social services.
P64.6-B Overall Savings – Return to General
Fund, subjec...
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Pork barrel is alive

Published on: Mar 4, 2016
Published in: Business      Economy & Finance      
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Transcripts - Pork barrel is alive

  • 1. ABOLISH THE PORK BARREL SYSTEM THRU PEOPLE’S INTITITIVE BAYAN MUNA Rep. Carlos Isagani T. Zarate
  • 2. Government has no money for: 1. Genuine Agrarian Reform 2. Industrialization 3. Health care and other public service thereby the need for privatization, PPP and loans 4. Other government functions
  • 3. Year Debt Interest 2013 5.9 Trillion 333.9 Billion adjusted 2012 5.5 Trillion 312.8 Billion actual 2011 4.9 Trillion 279.0 Billion actual 2010 4.6 Trillion 294.2 Billion actual Debt Payment
  • 4. What Makes a Pork, Pork
  • 5. Philippine Pork Barrel System The pork barrel system is not however limited to the legislators. It includes the pork barrel of the President. Nature: (1) it is a source of graft and corruption; (2) public funds are disbursed to favor political allies and withheld from the opposition in a form of political patronage and “legalized” vote buying; and (3) its release (or non-release) is used by the executive to control both Houses of Congress violating the constitutional principles of effective checks and balance. THE PORK BARREL SYSTEM IS INHERENTLY ANOMALOUS BECAUSE it is used for patronage politics; mere restrictions will not clean it.
  • 6. Why is pork barrel inherently anomalous? 1. It is a source of graft and corruption 2. it distorts budgetary needs and processes 3. pork is patronage politics where public funds are given to allies and voters and withheld from political enemies
  • 7. THE PORK BARREL SYSTEM: SOURCES 1. Lump-Sum Appropriation– funds allocated without being broken down into detailed purpose/s. This leaves a great deal of discretion to the hands of the head of governmental agency or department, most especially the President. 2. PDAF – lump sum appropriations in the GAA Act to fund projects considered a “priority” by a legislator. It is also used for “patronage politics” by the President to ensure the support of members of Congress. In 2013, about P24B is appropriated for PDAF.
  • 8. 3. DBM Circular 541 (2012) –issued by the DBM realigning “unobligated allotments” by mid year, to “projects not considered in the budget but is about to start within the current year”. 4. Overall Savings – savings derived from unused or unspent portion of funds appropriated in the GAA. 5. Off-Budget Funds – funds derived from other sources not specified in the National Budget. Use of these funds are under the sole discretion of the President without need of congressional approval such as Malampaya Funds, Presidential Social Fund, etc.
  • 9. Priority Development Assistance Fund (PDAF) 2002 5,677,500 2003 8,327,000 2005 6,100,000 2007 11,445,645 2008 7,892,500 2009 9,665,027 2010 10,861,211 2011 24,620,000 2012 24,890,000 2013 24,790,000 Grand Total 134,268,883
  • 10. Special Purpose Funds 2002 211,845,056 2003 267,834,997 2005 254,145,611 2007 193,417,998 2008 562,890,352 2009 549,044,226 2010 629,616,038 2011 232,498,150 2012 376,274,115 2013 385,473,395 Grand Total 3,663,039,938 Funds appropriated to augment the regular budget of selected agency or department.
  • 11. Unprogrammed Funds 2002 21,114,977 2003 54,275,880 2005 34,854,520 2007 61,129,460 2008 114,492,091 2009 75,970,194 2010 118,913,946 2011 66,908,492 2012 152,821,845 2013 117,548,371 Grand It is a standby appropriations, which authorize additional agency expenditures in excess of the original budget. The fund is to be implemented only when revenue collections exceed the resource targets assumed in the budget, or when foreign project loan proceeds are realized.
  • 12. Year Transfers from Transfers to Surplus/Deficit Regular Budget 2002 3,510,150 (3,510,150) 0 363,278,672 2003 15,043,649 (14,037,352) 1,006,297 341,779,733 2004 11,431,093 (5,708,029) 5,723,064 341,779,733 2005 111,601,965 (7,841,521) 103,760,444 343,517,789 2006 16,275,697 (35,706,738) (19,431,041) 343,517,789 2007 117,547,987 (11,439,702) 106,108,285 441,623,880 2008 178,728,159 (38,059,847) 140,668,312 503,289,505 2009 268,283,496 (53,072,001) 215,211,495 621,274,527 2010 46,631,807 (19,880,665) 26,751,142 674,790,362 2011 50,476,735 (44,125,682) 6,351,053 767,889,614 2012 56,466,713 45,977,932 10,488,781 868,919,155 Total 769,054,003 -189,256,005 579,797,998 Overall Savings
  • 13. IN BUDGET ITEMS (Funds in the NEP and GAA) Special Purpose Funds Allocation to Local Govt Units (ALGU) To the IRA of local government units Special Share of LGU P 16.70 Billion in the proceeds of National Taxes Financial Subsidy To LGU P 200 million ------------ Sub-total ALGU Pork Barrel P 16.90 PDAF (Pork Barrel of Legislators) P 24.89 Billion DepEd School Building P 1 Billion E- Government Fund P 1 Billion Budgetary Support to GOCC P 21.57 Billion Misc. Personnel Benefit Fund P 109.29 Billion PAMANA P 1.76 Billion Unprogrammed Fund and Automatic Appropriation Budgetary Support to GOCCs P25.21 Billion Support to Infra Projects and Social Programs P26 Billion Debt Management Pogram P85.18 Billion Net Lending P23 Billion Special Account P26.83 Billion ----------------- ` P362.63 Billion
  • 14. Malampaya Fund Misuse No . Name of Agency Total amount released 1 Department of Agriculture P5,824,000,000 2 Department of Agrarian Reform 900,000,000 3 DOST – PAG-ASA 400,000 4 DOF – NHA 1,398,860,000 5 DPWH 7,073,806,659 6 DBM 62,000,000 7 DND 1,198,093,418 8 DILG 2,140,000,000 9 DOTC – Philippine Coast Guard 50,000,000 10 DOH 745,926,000 11 DOE 250,000,000 12 Province of Palawan 3,958,508,492.51 TOTAL RELEASES AS OF Dec. 31, 2010 P23,601,594,569.51 In its 2010 Annual Report, the COA observed that out of the total releases to national government agencies, only P250 million or 1.27% were given to DOE while P19.39 billion or 98.73% was for other purposes.
  • 15. YEAR / SARO RECIPIENT AMOUNT 2009 / 138 SAROs Non-Energy related expenses P 7.094 Billion 2009/ 2 SAROs DILG-PNP P 2.14 BILLION 2009 / 3 DA – AGFP P 5.82 BILLION 2009 DND – AFP P 1.19 BILLION #A-06-8535 NEA – Electrification of 211 Barangays P 250 MILLION SARO A-09-08589 DOTC – Phil. Coast Guard P 50 MILLION 2009 DBM-OSEC P 60 MILLION No. B-09-09046 DOH P745 MILLION Malampaya: The Arroyo Years
  • 16. YEAR / SARO RECIPIENT AMOUNT F-11-00599 NPC P 2 BILLION NPC P 1.62 BILLION NPC P 3 BILLION No. A-11-00842 DILG – Pantawid Pasada P 150 MILLION 2011 DILG – Pantawid Pasada P 350 MILLION Malampaya: The Aquino Years
  • 17. SARO RECIPIENT AMOUNT 2011 AFP-DND P 4.9 BILLION Sitio Electrification Project P 814.4 MILLION 2011 Barangay Line Enhancement Projects P 1.1 BILLION No. D-11-00798 USCGC Hamilton P 423 MILLION Transfer, dry-docking and hull maintenance costs of USCGC shipS P880.6 MILLION Malampaya: The Aquino Years
  • 18. Section 5.7 The withdrawn allotments may be: xxx 5.7.2 Realigned to cover additional funding for other existing programs and projects of the agency/OUs; 5.7.3 Used to augment existing programs and projects of any agency and to fund priority programs and projects not considered in the 2012 budget but expected to be started or implemented during the current year. DBM Circular No. 541 (2012)
  • 19. Art. VI, Sec. 25 (5) - No law shall be passed authorizing any transfer of appropriations; however, the President, the President of the Senate, the Speaker of the House of Representatives, the Chief Justice of the Supreme Court, and the heads of Constitutional Commissions may, by law, be authorized to augment any item in the general appropriations law for their respective offices from savings in other items of their respective appropriations.
  • 20. Year Amount (in Billion Php) 2011 83.53 2012 58.7 2013 15.3 Total 142.23
  • 21. Item Amount To purchase “additional train cars”, according to DBM P4.5 Billion According to DOTC, there will be no additional train cars until the end of the term of Pres. Aquino. PAMANA Fund for the CPLA and MNLF P1.82 Billion Considering that BAYAN MUNA found DND spending approximately P300 Million in ghost MNLF and CPLA projects. This nearly P2 Billion is highly questionable. GOCCs P26.9 Billion This fund is given to GOCCs, despite the controversies on extravagant perks and benefits of their officials, while another billions as budgetary support from Special Purpose Funds and another billions from Unprogrammed Funds. “Stimulus fund” for ARMM P8.5 Billion This is on top of the P11.8 Billion allocated in 2012 GAA as their regular budget. Hence, this is not appropriated in the GAA.
  • 22. Item Amount Conduct of survey on farmers and fisherfolks by DAR and DA P625 Million 625 million pesos on a survey???? Agrarian reform Communities Project 2 of DAR P1.29 Billion These amorphous projects of DAR “for agrarian reform beneficiaries” has been the subject of many irregularities including the P900 Million Malapampaya Fund currently under investigation. The ARC 2 has in fact been the subject of a multi- billion loan from ADB which has not been utilized for years and yet we pay huge interest for this gigantic fund which is just lying somewhere in a special account of the government. DAP Funds given to Legislators P50-100 Million to Senators, during or after the impeachment trial, as exposed by Sen. Jonggoy Estrada; P475 Million returned from DAR but realigned by Senators through TRC.; And another millions to congressmen, Sen. Joker Arroyo among others. All of which are currently being audited by COA, according to its chairperson.
  • 23. “Panahon na po upang i-abolish ang PDAF.” – Pres. Aquino, 23 Aug. 2013
  • 24. House Bill 298 Makabayan bloc files House Resolution calling for the abolition of the pork barrel system, itemization of lump sum funds and allocation of these to basic social services, salary increase for government employees and job creation in the 2014 National Budget.
  • 25. Aquino – Pork Barrel System to remain
  • 26. The Hidden Congressional Pork in the 2014 Budget “PDAF” is abolished but congressional pork is not I.The Belgica v. Ochoa decision II.House Pork III.Senate Pork IV.Formal and Informal Practices in Accessing Pork
  • 27. SC: Pork is unconstitutional Pork Barrel System -“the collective body of rules and practices…by which lump-sum, discretionary funds, primarily intended for local projects, are utilized through the respective participations of the Legislative and Executive branches of government, including its members”
  • 28. SC: Pork is unconstitutional Congressional Pork - “lump-sum, discretionary fund wherein legislators, either individually or collectively…are able to effectively control certain aspects of the fund’s utilization through various post-enactment measures and/or practices” - “the defining feature of all forms of Congressional Pork Barrel would be the authority of legislators to participate in the post-enactment phases of project implementation”
  • 29. Why is congressional pork unconstitutional? I. Separation of powers Legislators cannot exercise executive functions such as project implementation. II. Non-delegability of legislative power Legislators cannot individually exercise the power of appropriation.
  • 30. Why is congressional pork unconstitutional? III. Checks and balances Lump sums diminish the item veto power of president. They dilute accountability mechanisms (the conduct of congressional oversight would be hampered and tainted). IV. Local Autonomy Pork diminishes local autonomy and equitable funding for LGUs. Legislators can simply bypass local development councils.
  • 31.   WHERE’S THE NEW HOUSE PORK?   DOLE = P1.022 billion DOH = P3.194 billion DSWD = P4.090 billion CHED = P4.124 billion TESDA = P1.022 billion DPWH = P7.309 billion ** (**Under the new “Menu”, each legislator can “propose” up to five infrastructure projects; the budget ceiling for each legislator is P24.5 million. Each project should amount to no less than P2 million. Such projects to local roads and bridges, classrooms or academic buildings, multipurpose buildings and water supply systems. All but party-list representatives can propose infrastructure projects only within their respective districts) RETAILED PORK or KILO-KILO PORK
  • 32. House Pork Department Program Amount DOH Assistance to Indigent Patients 3,193,950,000 DOLE Government Internship Program (GIP) and Tulong Panghanapbuhay sa Ating Disadvantaged Workers “TUPAD” Project 1,022,000,000 TESDA Special Training for Employment Program 1,022,000,000 DSWD Crisis Intervention Program 4,090,000,000 DPWH Regional and Local Infrastructure Program 7,309,494,000 CHED Scholarship Program 4,124,200,000 20,761,644,000
  • 33. Allocation per House Member AGENCY ALLOCATION DOH 10.5 M CHED 14.0 M TESDA 3.5 M DSWD 14.0 M DOLE 3.5 M DPWH 24.5 M TOTAL 70.0 M
  • 34. House Pork DOH Pork Special Provision 8. Assistance to Indigent Patients -“for hospitalization and the grant of assistance to indigent and poor patients” - “PROVIDED, That the beneficiary shall comply with requirements of DOH and/or government hospital” - “PROVIDED, FURTHER, That the DOH shall be allowed to utilize up to one percent (1%) of the said amount to cover administrative costs” - “PROVIDED, FURTHERMORE, That the DOH may engage a third party agency, entity or organization to monitor the implementation of this Program” - “PROVIDED, FINALLY, That the DOH shall submit a quarterly report on the utilization of this amount to the DBM, the House Committee on Appropriations and the Senate Committee on Finance” - “In no case shall the grant..be delegated and/or transferred to any kind of Civil Society Organization, whether it be a non-governmental organization or a people’s organization” - requirement for posting of several details - guidelines to be issued by DOH
  • 35. House Pork DOLE Pork Special Provision 8. Government Internship Program (GIP) and Tulong Panghanapbuhay sa Ating Disadvantaged Workers “TUPAD” Project -“for the payment of stipend of beneficiaries equivalent to seventy five percent (75%) of the existing minimum wage in the area” - “for the payment of wages of displaced workers resulting from weather and regulatory shocks and internal conflict during their short-term employment under the TUPAD Project” - compliance of beneficiary with DOLE requirements - Procurement Act - 1% for administrative costs - third party agency, etc. to monitor implementation -quarterly report - ban on transfer to CSOs, etc. - requirement for posting of several details - DOLE guidelines
  • 36. House Pork TESDA Pork Special Provision 4. Special Training for Employment Program -“for the conduct of community-based specialty training for employment” - compliance of beneficiary with TESDA requirements - Procurement Act - 1% for administrative costs - third party agency, etc. to monitor implementation -quarterly report - ban on transfer to any Educational or Training Foundation, CSOs, etc. - requirement for posting of several details - TESDA guidelines
  • 37. House Pork DSWD Pork Special Provision 4. Crisis Intervention Program -“to provide financial assistance to individuals and families in crisis situations” - compliance of beneficiary with DSWD requirements. This includes food, transportation, medical and burial assistance and assistance to students” - 1% for administrative costs - third party agency, etc. to monitor implementation - quarterly report - ban on transfer to CSOs, etc. - requirement for posting of several details - DSWD guidelines
  • 38. House Pork DPWH Pork Special Provision 8. Regional and Local Infrastructure Program - “for the construction and rehabilitation of the following local infrastructures: a.) Local Roads and Bridges; b.) Classrooms and Academic Buildings; c.) Multi-Purpose Buildings; and d.) Levels 2 and 3 Water Supply Systems” - compliance with specifications of DPWH - Procurement Act - third party agency, etc. to monitor implementation - quarterly report - ban on transfer to CSOs, etc. - requirement for posting of several details - DPWH guidelines
  • 39. House Pork CHED Pork Special Provision 3. Scholarship Program - “for the grant of scholarship assistance to deserving students” - compliance of beneficiary with CHED, and SUC or HEI requirements - 1% for administrative costs - third party agency, etc. to monitor implementation -quarterly report - ban on transfer to any Educational or Training Foundation, CSOs, etc. - requirement for posting of several details - TESDA guidelines
  • 40. Senate Pork From L to R: Alan Cayetano, Pia Cayetano, Miriam Santiago, JV Ejercito, Jinggoy Estrada, Lito Lapid, Ralph Recto, Bong Revilla, Antonio Trillanes) Infographic from GMANews.com
  • 41. Senate PorkSENATOR AGENCY AMOUNT A. Cayetano Calamity Fund P200 M P. Cayetano Calamity Fund 200 M Santiago Calamity Fund 200 M Ejercito Calamity Fund 200 M Recto Calamity Fund 200 M Estrada LGSF: Lla-lo, Cagayan 50 M LGSF: Caloocan 50 M LGSF: Manila 100 M Lapid DPWH 193 M DOH 5 M DSWD 2 M
  • 42. Senate PorkSENATOR AGENCY AMOUNT Revilla DPWH 84.5 M DOH 75 M UP System 35 M Trillanes PNP 7.4 M Philippine Army 27.95 M Philippine Navy 22 M CHED 36.2 M TESDA 4 M DOH 102.45 M TOTAL 1,794.5 M
  • 43. Formal and Informal Practices in Accessing Congressional Pork “The Court hereby declares the 2013 PDAF Article all other PROVISIONS OF LAW which similarly allow legislators to wield any form of post-enactment authority in the implementation or enforcement of the budget, unrelated to congressional oversight, as…unconstitutional. Corollary thereto, INFORMAL PRACTICES, through which legislators have effectively intruded into the proper phases of budget execution, must be deemed as acts of grave abuse of discretion amounting to lack or excess of jurisdiction and, hence, accorded the same unconstitutional treatment.” - Belgica v. Ochoa
  • 44. Formal and Informal Practices in Accessing Congressional Pork FORMAL PRACTICES - those expressed in laws and implementing rules and regulations of agencies
  • 45. Formal and Informal Practices in Accessing Congressional Pork A portion of the DPWH’s 2014 budget under Local Projects
  • 46. Formal and Informal Practices in Accessing Congressional Pork “The Court also observes that this concept of legislator control underlying the CDF and PDAF conflicts with the functions of the various Local Development Councils (LDCs) which are already legally mandated to ‘assist the corresponding sanggunian in setting the direction of economic and social development, and coordinating development efforts within its territorial jurisdiction’. Considering that LDCs are instrumentalities whose functions are essentially geared towards managing local affairs, their programs, policies and resolutions should not be overridden nor duplicated by individual legislators, who are national officers that have no law- making authority except only when acting as a body.” - Belgica v. Ochoa
  • 47. Implementing guidelines for DSWD’s Crisis Intervention Program (a portion of the P 4,090,769,000 added to DSWD) This memo was delivered by DSWD personnel to the offices of House Members. Formal and Informal Practices in Accessing Congressional Pork
  • 48. III. Implementing Procedures/Guidelines 3.2 type, kind, and amount of financial assistance - based on assessment and recommendation of DSWD social workers and/or other authorized personnel or officials of the Department 3.8 partner agencies (public hospitals and other concerned government agencies, transport companies, funeral parlors, drugstores/pharmacies, hospitals, and other service providers, etc.) 3.9 “In no case shall implementation of the AICS be delegated and/or transferred to any kind of Civil Society Organization, whether it be a non- governmental organization or a people’s organization.” - engagement of a third-party agency, entity, or organization for monitoring allowed 3.10 quarterly report on implementation III. ADMINISTRATIVE PROCEDURE AND REQUIREMENTS 4.7 Structure and Manpower Requirements 4.7.4 Transfer of Funds to LGUs Formal and Informal Practices in Accessing Congressional Pork
  • 49. Formal and Informal Practices in Accessing Congressional Pork A portion of the “wish list” circulating among Congressmen/women
  • 50. BASIC SERVICES DEPRIVED OF BUDGET LAND REFORM HOUSING EDUCATION HEALTH
  • 51. Draining our funds and resources 1. DEBT SERVICING—Php 700-800 Billion per year 2. MISPLACED PRIORITIES AND PROJECTS (PPP AND PRIVATIZATION) 3. GRAFT AND CORRUPTION
  • 52. Where to rechannel Pork ? P25.24-B PDAF – Abolish and re-channel to basic social services and government employees’ salaries. P132-B Malampaya Fund – Transfer to General Fund and subject to Congressional appropriation to fund renewable energy and basic social services. P173-B Special Purpose Funds – Itemize in the budget, re-channel to basic social services.
  • 53. P83.87-B Unprogrammed Fund – Re-channel to basic social services. P64.6-B Overall Savings – Return to General Fund, subject to congressional appropriation. P12-B Motor Vehicle User’s Fund – Re-channel to basic social services and subsidy to farmers. Lump sum appropriations to various department/agencies – Itemize in the budget and re-channel to basic social services.

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