MANILA, Philippines — Senator Win Gatchalian has maintained that the unprogrammed funds in the 2024 national budget cannot be considered pork barrel funds because Congress does not meddle in the General Appropriations Act (GAA) implementation after it is enacted.
Gatchalian in a virtual briefing on Friday was asked about the fears of some past and present lawmakers that the unprogrammed funds — or standby appropriations which are only triggered when revenue collection exceeds targets — might be used as senators and congressmen’s pork.
In response, Gatchalian said that pork barrel only exists if Congress meddles in the implementation of the budget, which no longer happens as of now.
“Sa akin kasi ‘pag sinabi mong pork barrel ang definition d’yan is post-enactment eh. Ibig sabihin gawa na ‘yong budget, tapos nakiki-alam pa rin ‘yong Kongreso. Wala nang nangyayaring ganyan, at dapat ring maghigpit ang Executive side na walang mangyaring ganyan, dahil ‘yong implementation ng budget ngayon nasa Executive side na eh,” he said.
(For me, if you say it’s a pork barrel, the definition is post-enactment. That means the budget has already been finalized, but Congress is still involved in the implementation. That sort of thing doesn’t happen anymore, and the Executive side should also be strict to avoid that because the budget implementation now is on the Executive side.)
“So importante na ‘di na pinakikialaman ng Kongreso ang budget after na-enact na ‘yong budget. So in that definition, wala naman akong nakikitang pork barrel issue,” he added
(So it’s important that Congress doesn’t meddle with the budget after it is enacted. So in that definition, I don’t see any pork barrel issue.)
The pork barrel or the Priority Development Assistance Fund system, where appropriations are allocated to lawmakers to fund their pet projects, was declared unconstitutional by the Supreme Court in 2013.
The declaration came after state probers discovered that some lawmakers have been placing their PDAF to bogus projects, where they receive a kickback from the non-existent non-government organizations tasked to implement it. Pork barrel scam mastermind Janet Lim Napoles has been convicted several times over this issue.
The questions about the unprogrammed funds came after former senator Panfilo Lacson expressed concern over Congress’ preference for this kind of budgeting. According to Lacson — a known fiscalizer during budget seasons when he was still in office — it would be a “very bad precedent” if this practice of putting extra items in the unprogrammed funds becomes normalized by Congress in the future.
Lacson was referring to the issue raised by Senate Minority Leader Koko Pimentel, that the 2024 budget could face legal implications because it supposedly breached the ceiling set by the original proposed budget or the National Expenditures Program (NEP).
The ceiling for 2024 is P5.768 trillion.
Lacson based his concerns on Article VI, Section 25 of the 1987 Constitution, which states that Congress, in crafting the annual budget, should not increase the appropriations recommended by the President.
READ: Pimentel bares P450-B hike in 2024 unprogrammed funds
Gatchalian, for his part, explained that they only placed certain items under unprogrammed funds to ensure that the more important items on the 2024 budget would be prioritized.
“Kasi ang typical sa budgeting ‘di ba nagkakaroon ng for example, during the period of debate, the department will request let’s say additional items or additional projects, we cannot increase the budget ceiling. What we can, what Congress can do is it will take from another budget, and fund that budget. So nagkakaroon ng realignment,” he said.
(Because in typical budgeting, for example, during the period of debate, the department will request let’s say additional items or additional projects, we cannot increase the budget ceiling […] So realignments happen.)
“And sometimes, ‘yong realignment, pupunta rin ‘yon sa unprogrammed. For example, I’ll give you a very concrete example, may mga agencies nagrerequest, let’s say bibili tayo ng frigates or battleships ‘di ba, eh malaking pondo ‘yon eh, ang gagawin magbabawas let’s say sa isang department, popondohan ‘yong mga barko, tapos ‘yong para doong department naman na ‘yon ilalagay muna sa unprogrammed,” he added.
(And sometimes, the realignment goes to the unprogrammed (funds). For example, I’ll give you a very concrete example: there are agencies requesting, let’s say, that we buy frigates or battleships, but huge funding is needed for that. What they would do is they will deduct something from the department, fund those ships, and then those for the department would go to unprogrammed funds.)