Senate President Franklin Drilon PRIB FILE PHOTO
MANILA, Philippines – Senate President Franklin Drilon has found at least two provisions in the proposed 2014 national budget that may violate the recent Supreme Court’s decision that took away the lawmakers’ discretion in disbursing government funds.
“Mayroon akong nakitang dalawa na ‘consultation.’ Titingnan natin nang husto kung ’yan po ba ay consistent sa decision ng Korte Suprema,” Drilon told reporters Tuesday.
(I discovered two [provisions with a word ‘consultation’]. We have to carefully study if it’s consistent with the decision of the Supreme Court)
The two are the special provisions on the Department of Education’s (DepEd) budget and on the Special Shares of Local Government Units in the proceeds of the national taxes.
The Special Provision 2 of the DepEd’s budget states that “within (30) days from effectively of this Act, the DepEd, in consultation with the representative of the legislative district concerned, shall submit to the DBM, either in printed form or by way of electronic document the following: program of work; list of the fifty percent (50%) of the school buildings to be funded per legislative district, including the water and sanitation facilities, indicating therein the number of classrooms per school, the cost of the project and the DPWH District Engineering Officer where the funds will be released; (details on the type, number and cost of school desks, furniture and fixtures corresponding to the school building to be constructed; and the request for Special Budget. The list of the remaining fifty percent (50%) of the school buildings shall be submitted to the DBM within six (6) months thereafter.”
Special Provision 3 (c) on Special Shares of Local Government Units in the proceeds of national taxes states, meanwhile, states that: “Thirty percent (30%) to the identified municipalities and cities in the congressional districts of a beneficiary province in consultation with the representatives of the congressional districts of the province.”
Drilon said the Supreme Court declared the lawmakers’ Priority Development Assistance Fund (PDAF) unconstitutional precisely because of the provisions that gave the legislators the power or discretion over the disbursement of funds.
“Dapat walang mga probisyon na ganun sa 2014 General Appropriations Act,” he said.
(There should be no provisions like that in the 2014 General Appropriations Act)
He said they would look into the two provisions when they tackle the proposed 2014 budget in the bicameral conference committee.
As of posting, the Senate already started the period of amendments in the hope that the chamber could pass it on second and third reading.
Once the 2014 budget gets the approval of the chamber this Wednesday, Drilon said, the bicameral conference committee could start its work next week.