belgica pord barrel petition presentation
TRANSCRIPT
2013 SC Petition to
declare the PORK
BARREL SYSTEM
UNCONSTITUTIONAL
Prepared & Presented by:
GRECO BELGICAConvernor & Petitioner
Biblical Principle :
Money & Resources
should be in the hands of
people not Government
Deut. 25:4
1 Tim. 5:18
Biblical Principle :
Money & Resources
should be in the hands of
people not Government
Deut. 25:4
1 Tim. 5:18
Deut. 25:4
Do not muzzle an ox
while it is treading out
the grain.
Biblical Principle :
Money & Resources
should be in the hands of
people not Government
Deut. 25:4
1 Tim. 5:18
Deut. 25:4
Do not muzzle an ox
while it is treading out
the grain.
1 Tim. 5:18
For the scripture saith,
Thou shalt not muzzle
the ox that treadeth
out the corn. And,
The labourer is worthy
of his reward.
Biblical Principle II:
A Limitted Civil
Govenment
Romans 13:3-4
3 For rulers are not a terror to good works, but to evil.
Do you want to be
unafraid of the authority?
Do what is good, and you
will have praise from the
same. 4 For he is God’s
minister to you for good. But if you do evil, be
afraid; for he does not
bear the sword in vain; for
he is God’s minister, an
avenger to execute wrath on him who practices evil.
4 generations ago, our
young national heroes
wrote the very 1st constitution that
reflected their vision of a
free nation
4 generations ago, our
young national heroes
wrote the very 1st constitution that
reflected their vision of a
free nation
1899 Malolos Constitution,
4 generations ago, our
young national heroes
wrote the very 1st constitution that
reflected their vision of a
free nation
1899 Malolos Constitution,
Title 5, Art. 52
4 generations ago, our
young national heroes
wrote the very 1st constitution that
reflected their vision of a
free nation
1899 Malolos Constitution,
Title 5, Art. 52
Any member of the
Assembly who accepts from
the Government any
pension, employment, or
office with salary, is
understood to have
renounced his membership.
From this shall be excepted
the employment as
Secretary of the Govt of the
Republic and other offices
provided for by special laws.
4 generations ago, our
young national heroes
wrote the very 1st constitution that
reflected their vision of a
free nation
1899 Malolos Constitution
Title 5, Art. 52
Any member of the
Assembly who accepts from
the Government any
pension, employment, or
office with salary, is
understood to have
renounced his membership.
From this shall be excepted
the employment as
Secretary of the Govt of the
Republic and other offices
provided for by special laws.
This reflects the nation our
young heroes envisioned,
with a govt that protected
society from centralized
power and control of
resources, by separating the
functions of the appropriator
and the implemetor.
4 generations ago, our
young national heroes
wrote the very 1st constitution that
reflected their vision of a
free nation
1899 Malolos Constitution,
Thus, expressing our heroes
desires to honor God through His
word and reap the benefits of
liberty directly expressed in the
constitution they have written.
1987 constitution
re-established the
principles of the
separation of powers
and the 3 branches of
Govt
1987 constitution
re-established the
principles of the
separation of powers
and the 3 branches of
Govt
Section 1 of Art. 6,7,& 8
1987 constitution
re-established the
principles of the
separation of powers
and the 3 branches of
Govt
Section 1 of Art. 6,7,& 8
ARTICLEVI : THE
LEGISLATIVE
DEPARTMENT
Section 1.The legislative
power shall be vested in
theCongress
1987 constitution
re-established the
principles of the
separation of powers
and the 3 branches of
Govt
Section 1 of Art. 6,7,& 8
ARTICLEVI : THE
LEGISLATIVE
DEPARTMENT
Section 1.The legislative
power shall be vested in
theCongress
ARTICLEVII : EXECUTIVE
DEPARTMENT
Section 1.The executive
power shall be vested in the
President ofthe Philippines.
1987 constitution
re-established the
principles of the
separation of powers
and the 3 branches of
Govt
Section 1 of Art. 6,7,& 8
ARTICLEVI : THE
LEGISLATIVE
DEPARTMENT
Section 1.The legislative
power shall be vested in
theCongress
ARTICLEVII : EXECUTIVE
DEPARTMENT
Section 1.The executive
power shall be vested in the
President ofthe Philippines.
ARTICLEVIII : JUDICIAL
DEPARTMENT
Section 1.The judicial power
shall be vested in one
SupremeCourt...
ARTICLEVIII : JUDICIAL
DEPARTMENT
1987 Constitution
ARTICLEVIII : JUDICIAL
DEPARTMENT
Section 1.The judicial power
shall be vested in one
SupremeCourt and in such
lowercourts as may be
established by law.
ARTICLEVIII : JUDICIAL
DEPARTMENT
1987 Constitution
ARTICLEVIII : JUDICIAL
DEPARTMENT
Section 1.The judicial power
shall be vested in one
SupremeCourt and in such
lowercourts as may be
established by law.
Judicial power includes the
duty ofthe courts ofjustice to
settle actual controversies
involving rights which are
legally demandable and
enforceable, and to
determinewhether or
notthere has been a grave
abuse of discretion
amounting to lack or excess
of jurisdiction on the part of
any branch or instrumentality
ofthe Government
WHY IS THE PORK BARREL
SYSTEM
UNCONSTITUTIONAL?
(ISSUES OF THE PETIOTION)
THE PORK BARREL SYSTEM IS
UNCONSTITUTIONAL.
A.
THE PORK BARREL SYSTEM
VIOLATES SEPARATION OF
POWERS BY ALLOWING
CONGRESS TO INTRUDE INTO
THE EXECUTIVE DOMAIN OF
PROJECT IMPLEMENTATION.
WHY IS THE PORK BARREL
SYSTEM
UNCONSTITUTIONAL?
(ISSUES OF THE PETIOTION)
THE PORK BARREL SYSTEM IS
UNCONSTITUTIONAL.
B.
THE PORK BARREL SYSTEM
RENDERS THE EXECUTIVE AND
THE LEGISLATIVE BRANCHES
PRATICALLY INCAPABLE OF
CHECKING EACH OTHER IN
BUDGETARY AND OTHER
MATTERS, THEREBY
OFFENDING THE PRINCIPLE OF
CHECKS AND BALANCES.
WHY IS THE PORK BARREL
SYSTEM
UNCONSTITUTIONAL?
(ISSUES OF THE PETIOTION)
THE PORK BARREL SYSTEM IS
UNCONSTITUTIONAL.
C.
THE PORK BARREL SYSTEM
OFFENDS THE
ACCOUNTABILITY
PROVISIONS OF THE
CONSTITUTION BY
CONSISTENTLY
DEMONSTRATING OVER THE
PAST DECADES THAT IT IS
IMPERVIOUS TO PRACTICAL
CONTROL AND
ACCOUNTABILITY MEASURES.
WHY IS THE PORK BARREL
SYSTEM
UNCONSTITUTIONAL?
(ISSUES OF THE PETIOTION)
THE PORK BARREL SYSTEM IS
UNCONSTITUTIONAL.
D.
THE CONTINUED FUNDING
AND IMPLEMENTATION OF
THE PORK BARREL SYSTEM
AMOUNTS TO ACTS OF
GRAVE ABUSE OF
DISCRETION.
WHY IS THE PORK BARREL
SYSTEM
UNCONSTITUTIONAL?
(ISSUES OF THE PETIOTION)
THE PORK BARREL SYSTEM IS
UNCONSTITUTIONAL.
E.
THE PORK BARREL SYSTEM IS A
SUPERFLUOUS AND
UNNECESSARY MECHANISM
THAT OFFENDS THE
PROVISIONS OF THE
CONSITUTION ON LOCAL
AUTONOMY AND THE LOCAL
GOVERNMENT CODE.
PETITIONERS PRAYER1.
Give due course to the
instant Petition;
2.
Immediately issue a
Temporary Restraining Order
and/or Writ of Preliminary
Injunction enjoining:
PETITIONERS PRAYER
Enjoining the:
The Executive Secretary, Department of Budget and Management and those acting for and/or under them, from
PETITIONERS PRAYER
Enjoining the:
The Executive Secretary, Department of Budget and Management and those acting for and/or under them, from
1.
releasing funds in relation to
the Legislature's Priority
Development Assistance
Fund [or its components the:
(1) Priority Development
Assistance Fund; and (2) the
Various Infrastructures and
Local Projects Fund]; the
Executive's lump sum,
discretionary appropriations
in the present General
Appropriations Act of 2013
except the Calamity Fund
and Contingent Fund; and
the Executive's off-budget
lump sum, discretionary
funds including the
Malampaya Fund and the
Social Fund;
PETITIONERS PRAYER
Enjoining the:
The Executive Secretary, Department of Budget and Management and those acting for and/or under them, from
2.
seeking Congressional
approval of the portions of
the National Expenditure
Program of 2014 pertaining
to the “unified” Priority
Development Assistance
Fund and the Executive's
lump sum, discretionary
appropriations except the
Calamity Fund and
Contingent Fund; and
PETITIONERS PRAYER
Enjoining the:
The Executive Secretary, Department of Budget and Management and those acting for and/or under them, from
3.
from continuing with any
further proceedings relevant
to, arising out of or in
connection with the same;
PETITIONERS PRAYER
Enjoining the:
The Philippine Senate and
the House of
Representatives
from taking up in their
deliberations any item
relating to the approval of
the 2014 National
Expenditure Program's items
relating to the: “unified”
Priority Development
Assistance Fund [or its
components: (1) Priority
Development Assistance
Fund; and (2) the Various
Infrastructures and Local
Projects Fund.]; and the
Executive's lump sum,
discretionary funds except
the Calamity Fund and
Contingent Fund; and
PETITIONERS PRAYER
Enjoining the:
The National Treasurer
from any act that seeks
to enforce the
(a)Priority Development
Assistance Fund;
PETITIONERS PRAYER
Enjoining the:
The National Treasurer
from any act that seeks
to enforce the
(a)Priority Development
Assistance Fund;
(b)the Various
Infrastructures and
Local Projects Fund;
PETITIONERS PRAYER
Enjoining the:
The National Treasurer
from any act that seeks
to enforce the
(a)Priority Development
Assistance Fund;
(b)the Various
Infrastructures and
Local Projects Fund;
(c) the Executive's lump
sum, discretionary
funds except the
Calamity Fund and
the Contingent Fund,
under the General
Appropriations Act of
2013 and other laws.
PETITIONERS PRAYER
After further proceedings,
grant the instant Petition:
declaring the (1) the
Executive's Lump
Sum, Discretionary
funds, except the
Calamity fund and
the Contingent fund;
(2) the Priority
Development
Assistance Fund;
and (3) the Various
Infrastructures and
Local Projects Fund
or any other
permutation thereof,
null and void for
being
unconstitutional;
PETITIONERS PRAYER
After further proceedings,
grant the instant Petition:
declaring the
assailed (1) the
Executive's Lump
Sum, Discretionary
funds, except the
Calamity fund and
the Contingent fund;
(2) the Priority
Development
Assistance Fund;
and (3) the Various
Infrastructures and
Local Projects Fund
or any other
permutation thereof
null and void, for
being acts of grave
abuse of discretion;
PETITIONERS PRAYER
After further proceedings,
grant the instant Petition:
ordering the Executive
Secretary, the Department
of Budget and
Management, the National
Treasurer and those acting
for and/or under them, to
immediately cease any
expenditure under (a) the
Priority Development
Assistance Fund; (b) the
Various Infrastructures and
Local Projects Fund or any
permutation thereof; and (c)
the Executive's Lump Sum,
Discretionary funds, except
the Calamity fund and the
Contingent fund; under the
General Appropriations Act
of 2013 and other laws;
PETITIONERS PRAYER
After further proceedings,
grant the instant Petition:
ordering the inclusion in
budgetary deliberations with
the Congress of all presently
off-budget, lump sum,
discretionary funds including,
but not limited to, proceeds
from the Malampaya project
or the Malampaya Fund,
remittances from the
Philippine Amusement and
Gaming Corporation and
the Philippine Charity
Sweepstakes Office or the
Executive's Social Fund;
PETITIONERS PRAYER
Ordering respondents
Executive Secretary
and/or Department of
Budget and
Management to:
PETITIONERS PRAYER
Ordering respondents
Executive Secretary
and/or Department of
Budget and
Management to:
Release to the Commission on
Audit and to the public the
complete schedule/list of
legislators who have availed
of their PDAF and VILP from
the years 2003 to 2013,
specifying the use of the
funds, the project or activity
and the recipient entities or
individuals, and all pertinent
data thereto.
PETITIONERS PRAYER
Ordering respondents
Executive Secretary
and/or Department of
Budget and
Management to:
Release to the Commission on
Audit and to the public the
use of the Executive's Lump
Sum, Discretionary funds,
including the proceeds from
the Malampaya project or the
Malampaya Fund,
remittances from the
Philippine Amusement and
Gaming Corporation and the
Philippine Charity
Sweepstakes Office or the
Executive's Social Fund from
2003 to 2013, specifying the
use of the funds, the project or
activity and the recipient
entities or individuals, and all
pertinent data thereto.
PETITIONERS PRAYER
Ordering respondents
Executive Secretary
and/or Department of
Budget and
Management to:
Henceforth provide detailed
reports of the expenditure of
all off-budget, lump sum,
discretionary funds in the
annual National Expenditure
Program submitted to
Congress.
PETITIONERS PRAYER
6. prohibiting all public
respondents herein from
proposing, allocating, including
and approving in any National
Expenditure Program, General
Appropriations Act or other
legislation, the (1) Priority
Development Assistance Fund; (2)
the Various Infrastructures and
Local Projects Fund; (3) the
Executive's Lump Sum,
Discretionary funds, except the
Calamity fund and the
Contingent fund; (4) any item,
fund or appropriation similar in
operation thereto; (5) or any item,
fund or appropriation allowing
the allocation and disbursement
of public funds under the
instruction, recommendation or
direction of any legislative official
or persons acting for and/or
under them; and
The PETITIONERS
Dr. Butch Belgica, Atty. Joe Malvar Villegas,Atty.Steve Salonga, Atty.Jun Deleon, Hon.Quintin Paredes San Diego, Bishop Jose Gonzales, Reuben Abante, Dr.Jose Socito, Dr.Zaldy Estrera, Dr. Joseph Peraleja, Dr.Oriel Ballano, Dir. Ben Canela, Rev. Eric Vilbar, Rev. Fred Berry, Rev. Aragon, Rev. Vic Mendoza, Greco Belgica
PETITIONERS
SIGNATORIES
Atty. Jose Malvar Villegas, Quintin Paredes
San Diego, Bishop
Reuben Abante, Bishop
Jose Socito, Bishop Jose
Gonzalez, Greco Belgica