Pork Barrel and the People’s Initiative

National Coalition for People’s Initiative Against Pork Barrel System

OUTLINE

The Evil of Pork BarrelPork’s Persistence despite Supreme

Court RulingThe People’s InitiativeNational Coalition in launching the PI

The PORK BARREL

Pork barrel is a lump sum public fund the discretion over which, is given to the President, legislator/s or any public officer.

The discretion refers to the determination of projects, amounts and beneficiaries.

THE EVIL OF PORK

dishonest allocation/disbursement illegal transactions corrupted monitoring & accounting patronage politics vote buying political dynasty

Pork’s Persistence despite SC’s ruling

Lump sum appropriation, especially amounting to millions and billions of pesos, unduly delegates to individual person the power to appropriate that only belongs to Congress, undermines the system of check and balance, transparency and accountability

Pork’s Persistence despite SC’s ruling

Dwarfing the P25 B PDAF, the biggest pork or lump sum belongs the Office of the President which amounts to hundreds of billions of pesos, including but not limited to:

1. Off-budget items (as of 2013)

Malampaya funds P 132 Billion

Motor Vehicles User’s Charge (MVUC)

P 12 Billion

President ‘s Social Fund

P 2.4 Billion

Pagcor/PCSO Funds

P 9-10 Billion

2. Budgetary Items (2014) – P 449 Billion

According to former National Treasurer Prof. Leonor Briones, of the P2.265 T 2014 national budget, the President’s lump sum discretionary fund called Special Purpose Fund (SPF) amounts to P449 B, of which P310 B is programmed and P139B are unprogrammed funds (dependent on foreign loans). All SPFs are under the discretion of the President as to where and how much to allocate.

National Budget and Special Purpose Funds

Other Parts of the National BudgetProgrammed SPFUnprogrammed SPFSpecial Purpose Funds

Tens of billions of lump sum funds are allotted to budgetary support to GOCCs, to LGUS, support to Infrastructure and other programmed/ unprogrammed SPFs. Allotted to calamity/rehabilitation fund amounts to P100B lump sum.

3. Disbursement Acceleration Program (DAP) - P 177 Billion

The SC ruling prohibits lump sum appropriations for legislators and post-enactment intervention. But the SC retains the President’s discretion over the graft-stricken PhP 130 Billion Malampaya fund, the President’s Social Fund and MVUC.

Each congressman is allowed to insert five pet projects worth about P20 B in the DPWH prior to the enactment of the 2014 National Budget.

The erstwhile PDAF is simply rechanneled to DSWD, CHED, DOLE, DA, other government agencies and local government units as lump sum funds.

But only with the consent of Malacanang, can a legislator get his “entitlements” to identify projects, contractors and beneficiaries and get their kickbacks, without paper trails.

The People’s Initiative Proposed Law to Abolish the Pork Barrel System

The people’s initiative is a constitutional provision which empowers the people to propose amendments to the Constitution or propose, enact, approve or reject a law passed by the legislature.

The People’s Initiative Proposed Law to Abolish the Pork Barrel System

The people’s initiative to abolish the pork barrel system is being resorted to because the Congress, Senate and the Office of the President fail to eliminate pork barrel and are expected retain any form to access this pork allocations.

The People’s Initiative Proposed Law to Abolish the Pork Barrel System

The signature of 10% of registered voters, at least 3% in each legislative district, is needed before a referendum is held.

The People’s Initiative Proposed Law to Abolish the Pork Barrel System

SALIENT POINTS AND PROVISIONS of the Proposed P.I. Law:

Definition of pork barrel

Pork barrel is a lump sum public fund the discretion over which is given to the President, legislator or any public officer. The discretion refers to the identification of projects, allocation of funds and beneficiaries.

The People’s Initiative Proposed Law to Abolish the Pork Barrel System

SALIENT POINTS AND PROVISIONS of the Proposed P.I. Law:

Mandatory acts

All proposed budgets shall contain only itemized or line-item appropriations, except in the case of relief and rescue operations during calamity and intelligence funds of the DND and DILG.

The People’s Initiative Proposed Law to Abolish the Pork Barrel System

SALIENT POINTS AND PROVISIONS of the Proposed P.I. Law:

Mandatory acts

An appropriation law may earmark a special fund for a specific purpose and shall be spent only for the said specific purpose. Malampaya Funds, the President Social Fund and other off-budget accounts shall be included in the National Expenditure Program (NEP) to be approved by Congress.

The People’s Initiative Proposed Law to Abolish the Pork Barrel System

SALIENT POINTS AND PROVISIONS of the Proposed P.I. Law:

Mandatory acts

All unspent, unobligated and unreleased funds and savings by the end of the fiscal year shall revert to or remain in the General Fund and shall be subject to Congress appropriation. The use of such funds is to be published and reported to Congress.

The People’s Initiative Proposed Law to Abolish the Pork Barrel System

SALIENT POINTS AND PROVISIONS of the Proposed P.I. Law:

Prohibited acts

Any national official who authorizes the spending of public money that is not covered by or is in violation of any appropriation law.

The People’s Initiative Proposed Law to Abolish the Pork Barrel System

SALIENT POINTS AND PROVISIONS of the Proposed P.I. Law:

Prohibited acts

Any national official who includes a lump sum amount in any budget proposal submitted to Congress, or any member of Congress who approves the inclusion of any lump sum amount in the general or supplemental appropriations acts;

The People’s Initiative Proposed Law to Abolish the Pork Barrel System

SALIENT POINTS AND PROVISIONS of the Proposed P.I. Law:

Prohibited acts

Any national official who inserts in an appropriation bill provisions allowing post-enactment intervention by a member or members of Congress in the implementation of the appropriation measure;

The People’s Initiative Proposed Law to Abolish the Pork Barrel System

SALIENT POINTS AND PROVISIONS of the Proposed P.I. Law:

Prohibited acts

Any member of Congress, or his agent or representative, who directly or indirectly intervenes or participates in the implementation of any appropriation law through any post-enactment act or practice…;

The People’s Initiative Proposed Law to Abolish the Pork Barrel System

SALIENT POINTS AND PROVISIONS of the Proposed P.I. Law:

Prohibited acts

Any national official who declares savings outside of the cases provided in Section 3, paragraph (d) hereof, or realigns the improperly declared savings…

The People’s Initiative Proposed Law to Abolish the Pork Barrel System

SALIENT POINTS AND PROVISIONS of the Proposed P.I. Law:

Prohibited acts

Any person, including a private individual, who persuades or cooperates with any national official in violating this Act.

The People’s Initiative Proposed Law to Abolish the Pork Barrel System

SALIENT POINTS AND PROVISIONS of the Proposed P.I. Law:

PENALTIES

Imprisonment of one to ten years and ban from holding public office for anyone found guilty of violating this Act aside from other criminal, civil and administrative penalties.

NATIONAL COALITION

Through the Cebu Archdiocesan Discernment Group, the Cebu Coalition Against the Pork Barrel System was formed, uniting various sectors, parties and associations. The Cebu Coalition made linkages with Manila groups and a national coalition called People’s Initiative to Abolish Pork Barrel (PIAP) was organized.

NATIONAL COALITION

A preparatory committee has been established to prepare the August 23, 2014 People’s Congress to Abolish the Pork Barrel and the Launching of the signature campaign of the People’s Initiative.