Lawyer: Sen. Estrada’s pork move unconstitutional
Sen. Jinggoy Estrada. INQUIRER FILE PHOTO
MANILA, Philippines—Senator Jose “Jinggoy” Estrada’s realignment of his P200-million Priority Development Assistance Fund (PDAF) in the 2014 budget to the cities of Manila and Caloocan and a town in Cagayan is unconstitutional, a veteran lawyer said Monday.
“The action of Estrada in assigning his P200-million PDAF to the said local government units is a ‘post enactment’ action that is related to fund release and or fund realignment which, following the Supreme Court ruling, is not related to his congressional oversight function but an intervention and or assumption of duties that is probably belong to the sphere of budget execution,” lawyer Romulo Macalintal said.
Estrada said he does not see any legal impediment in his decision to realign the P200-million PDAF under the 2014 budget.
He maintained that the amendment abides with the Supreme Court’s recent decision disallowing post intervention by lawmakers pertaining to the PDAF under the national budget.
But Macalintal said the high court’s ruling is clear that any law regarding PDAF including allowing members of the legislative to play any role in its implementation is against the law.
“Thus, Estrada’s act of realigning his ‘re-inserted PDAF’ is tantamount to playing a role in the implementation of the budget which, as the SC decision declares, is violative of the principle of separation of powers and therefore unconstitutional,” Macalintal said.
Macalintal said “re-insertion” of PDAF during bicameral conference is clear circumvention of the Supreme Court ruling.
“This is to revert to the evil sought to be prevented by the SC decision that of ultimately or once again allowing the PDAF to become personal funds under the effective control of each legislators and given unto them on the sole account of their office,” he said.
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