SC Justice: 2013 GAA ‘riddled with unconstitutionalities’

Senior Associate Justice Antonio Carpio   INQUIRER FILE PHOTO

MANILA, Philippines—The 2013 General Appropriations Act is “riddled with unconstitutionalities,” a senior Supreme Court Associate Justice said Tuesday.

During the oral argument, Senior Associate Justice Antonio Carpio said legislators as well as the Department of Budget and Management simply put in writing their long time practice in the disbursement of the Priority Development Assistance Fund (PDAF), which, even without a Commission on Audit Report can be considered unconstitutional.

Meanwhile, the provision in the 2013 GAA authorizing a lawmaker to identify a project as a recipient of his pork barrel was unconstitutional, a petitioner said in agreement with Carpio.

This as well as the provisions authorizing a Cabinet Secretary to realign fund and upon the concurrence of the Senate finance committee and House appropriations committee were unconstitutional, lawyer Alfredo Molo III said.

Carpio grilled Alfredo Molo III, lawyer for petitioner Greco Belgica, on the constitutionality of the three  provisions.

Responding to clear, simple questions from the senior justice, Molo agreed that these provisions in the 2013 GAA were unconstitutional.

Associate Justice Marvic Leonen exposed possible holes in the petition, specifically asking Molo to clarify whether indeed the President could be impleaded when he’s immune from suit. He also wondered why the petitioner questioned PDAF in general, but not specific provisions in the GAA pertaining to PDAF.

Carpio said a Cabinet secretary, a House Committee as well as the legislator couldn’t realign funds.

“Is the power to realign [funds] can be delegated to the Cabinet? That power cannot be delegated. This power to realign is unconstitutional,” Carpio said.

“When the Constitution says all appropriation shall emanate from the House, it has to be acting as a body, it cannot be one legislator or a Committee. A legislator or a House Committee is not Congress,” Carpio said.

“You do not need a COA report. The 2013 provision on PDAF [in the GAA] is riddled with unconstitutionalities,” he added.

Regarding the Malampaya fund, Carpio said, the government’s basis, which is Presidential Decree 910, which allows the President to use the Malampaya fund for other purposes, was done during the time of President Ferdinand Marcos, when the Executive also has a legislative power.

But with the enactment of the 1987 Constitution, Carpio pointed out that the President has been stripped of the legislative power.

“So PD 910 is now facially unconstitutionally. You do not need a COA report on that,” Carpio said.

Associate Justice Teresita De Castro, for her part, took Commission on Audit Chair Grace Pulido Tan to task for not checking against misuse of pork barrel over the last several years. Tan apologized and said she came aboard only in 2011. With a report from TJ Burgonio