$ 4 4 a pacirs REPUBLIC OF TRE PHILIPPINES SUPREME COURT MANTA PUSRIPCINE CONSTITUTION ASSOCIATION (RHILCONSA), sented by DEAN FROILAN M. RACHTIGAN, and BEMIAS4IN E. GHCKAG and LEGHOR M, BRIONES Petitioners, ced versus - G.R. SP NO. toa FOR: CERTIORASL AND PROHIBITION WITH PRAYER FOR ISSUANCE OF TEMPORARY RES- TRAINING ORDER ANDY OR WRIT GF PRELIM- INARY INJUNCTION YHE DEPARTMENT GF BUDGET e ARS MANAGEMENT anc/or : HON, FLORENCIO 8. ABAD, Respondent. PRETATION Petitioners PHELIPPINE CONSTITUTION ASSCCIATION (PHELCOMSA), represented by its Vice-Chairman, FROILAM M. BACUNGAN, and BENJAMIN £. BIGKNO and LEONOR M. BRIQHES, by counsel, and to this Honorable Court respectfully aver: * PROLOGUE The petition Involves the “Toxie Golden Pig” (TGP) called bursement Acceleration Program’ (APS that scoured the ; and fomented gubtic outrage and fury. The acronim “DAP” vexatious and mischievous references. ‘The addlepated DAP wes issued anc implemented by Respondents with grave abuse of jan amounting to lack or excess of juriseliction, acrented Ly ia Violations of the Constitution and oenal laws, Ht violated anddafiled the great trinity in the triadic separation of powers, the very anchor of constitutionalismn. The DAP |s veiled and implemented as aiaw. DAP is admittedly established by Respondents DBM and Hon. Florencio &. Abad (ABAD), not by Congress. Hence, DAP is not a law. BAP is funded by BBM from unspecified or tainted sources, nat approved by Congress. DBM/Office of the President boasted and pudlished the DAS funds were used for faudable programs, projects and activities APR-DBM-OP} (Yi Phi. Stat issue of 5 October 2013; Manila Standard issue of 6 October 2013) However, they are not authorized a fnduded in the Generel Appropriation Acts (GAAs). The OS! Communications Developrnent ADMITS the misuse of the Dap fuads. The crafty implementation of DAP is the inventive creat of respondent DBM under the aegis cf ABAD. The toxic creation « DAP, its mystic sources of funds and — the vici accrual of funds. from afiaged savings and the profligacy tn the use and abuse of funds are vitiated by infirmities and therefore odious. In the words of Macaulay, DAP is “all sail and no anchor’. DAP is void. All éppropriations/disbursements/actions founded or emanating from DAP are Invaild. The “TGF” /DAP fs unconstitutional and unlawful. the DAP is the “magic wand” that transmogrifies public funds. ‘The BAP is the classic anatheme to the constitutional mandate, “No money stall be paid out of the treasury except in pursuance of an appropriation made by law” (Sec. 29. art VI of she Constitution) and the injunction that the Presideni may, by law, be autherized to guament any i the. qeneral fe _tespectiye offices from savings respective appropriations’, ‘Si 2245), Art. VI of the Constitution): and the well-defined meaning “savings”, “augmentation” and realignment in the GAAS. Unti-and unless the Respondent and its functionaries and ‘sfinstrumentalities are immediately restrained/enjoined frem ct ing to implement the DAP (despite announcements it will be suspended), grave irreparable injury wit be caused ta the Filipina people, and decent public functionaries and the people will remain restive and agitated. in keeping with its mission to preserve, protect, and defend the Constitution, Phikconsa respectfully submits this pelidon with the Supreme Court te reiterate and fortify the majesty af tneConstitution the imperative duty to obey end observe it for the g00d of ow country and people. RATURE OF ACTION This is af ugent special civil action for Certioraci and Prohibition under Rule 65 of the Revised Rules of Court to declare as. rconstitutional and annul/void the creation of the DAP including its ces of funds and use/dishursements of funds/savings and realignments, by the respondents with grave abuse of discretion tantamount to lack or excess of jurisdiction. There is no appeal, nor arty other plain, speedy and adequate remecly in the ordinary course of faw, extent thru this petition. 1. PARTIES Lt Petitioner Philippine Constitution Association (PRILCONSA), represented by its Vice-Chairman Dean Frojlan M Bacungan, is a fon-stock, non-profit association under exist laws, organized purposely to defend, protect and preserve the Constitution, with offices at the 2° Floor, Philtrust Bultding, Remedios Comer M, H. del Pilar Streets, Malate, Manila. This Honorable Court has recognized Philconsa’s legal standing to file cases an Constitutional issues’ it may be served with notices and processes of this Honorable Court through the office of the undersigned counsel 1.2 Petitioner Benjamin &, Diokno, is of legal age, former Secretary of the Department of Budget and Management, a noted halst, protessor at the University of the Phifippines and a resident of Metro Manila, and may be served with notices and pfocesses of this Honorable Court through the cffice of the undersigned counsel. 4.3. Patitioner Leonor M. Briones is. ci lagal age, former Presidential Adviser for Social Development with Cabinet Rank, 'stional Treasurer of the Philippines and 2 Professor Emeritus of conse ws. Gimenez. 15 SCRA 479, Phileense vs. Mathay. 18 SCRS Scr Phileonse vs. Cnriguas, 238 505; Lambo ss. Comelec, $85 SCRA 140 wherein Phiteanse [vone of the pet timers an we ¥. IBC, GR. No, 19Pubic Administration at the National College of Pubse Administration & Governance (NCPAG) of the University of the Philippines Diliman and 4 resident of Metro Maniia, and may be served with notices and processes of this Honorable Court through the office of the undersigned counsel. L4 Respondents Department of Budget and Management (DBM) and Hon. Florencio 8. Abad (ABAD) ar2 under the Office of the President of the Philippines. They ave responsible for the eparation of the yearly General Appropriation Act (GAA or Budget) ta be approved by Congress and charged with the duty to observe and Implement the use and disbursement of funds in accordance fth the GAA approved by Congress. DBM/ABAD may be served with notices and other pracesses of this Honorable Court at General slano St, San Miguel, Manila, M: TL. AVERMENT OF MATERIAL FACTS. To better appreciate the grave, pervasive and fethal legal, political and societal fallouts and the pestiferous and continuous unlawful expenditures of public funds, the pertinent provisions of the Constitution and faws are in order, vis-a-vis the notorious asd disgraceful public facts/events that have encampassed ane palluteet the political anc societal environment which this Court may take judicial notice of, without need of evidence, being an officiat act of the executive department (Sec. 1, Rule 129, Revised Rules of Cour! 2.1 Article VI of the 1987 Constitution provides: “Sec. 29. Ne money shall be paid out of the Lreasury except in purstance of an appropriation made by faw.” (Sec. 28, Art. WI of the Constitution) “Gee, 25. xx « XO XXX XXX (5) No lav shall be passed authorizing any transfer of appropiiations; however, the President, the President of the Senate, the Speaker of the House of Representatives, the Chief Justice of the Supreme Court, and the heads of Constituenai Commissions may, by law, ba authorized to augment any item im the general apprepristions taw tor their respective offices from savings in other tenis of their respective appropriations.m (8) xxx Lowe 2 A perusal of the General Appropriation Acts (GAAs}, R.A. 10147 for FY 2014 and 2012, RA Nos. 10147 and 101 respectively, degs not mention or include any tem or program called DAP and its emissions. The GAAs appropriate funds for alt the items, programs, works/activities included in the GAAs. They specify ihe officials authorized to use savings from spacific itemisVsources and to augment items, both included in the GAS items and sources of the savings and the dtem(s) to be augmented must beth be included in the GAAs. GAA well defines ihe meaning and the use of saving, augmentation and realignment 19 erisure the GAAs are legally implemented. GAA HUE ‘The General Provisions of the FY 2017 GAA provide: "Release and Use of Funds Sec, 59. Use of Savings, ‘The Prostdant of the Philippines, tie Senate President, the Speaker of the House cf Representatives, the Chief Justice of the Supteme Court, the Heads of Constitutional Commissions enjoying fiscal autonomy, and the Ombudsman are hereby authorized to augment any item in this Act from savings in other items of their respective appropriations. Sec. 60. Meaning of Savings and Augmentation. Savings refer to portions or balances of any programmed appropriation is this Act free from any obligation ar encumbrance which are: (J) still availeble after the completion or final discontinuance or abandonment of the work, activity or purpose for which the appropriation is euthorlzed; (ii) from appropriations balances arising for, unpaia compensation and related casts pertaining to vacant positions and leaves of absence without pay; and (ii) from appropriations balances reatized from the implementation of measures resutting in improved systems and efficiencies and thus enabied agcnces to meet and detiver the required or pianned targets, p services approved in this Act at 2 lesser cost. Augmentation implies the existence in this Act of a program, activily, or project with an appropriation, which upon implementations, or subsequent evaluation of neededoh resounces, is determined to be deficient. Tn na e. womiam, activity, oF aroie funded by augmentation front savings or by the use of aunrepriations otherwise aubhorived in this Act. Sec. 61, Friorty in the Use of Savings. in the use of savirigs, priority shall be giver to the augmentetion of tiie amounts set aside from compensation, year-end bonus and cash gift, retirement Gratuity, terminal leave benefits, old-age pension of veterans and other personnel benefits authorized by law, and those expenditure ems authorized in agency special provisions, in Section 16 and In other sections of the General Provisions of this Act. Sec. 66. Prohiblllan Agalnst Impounded of Appropriations. No appropriations authorized under this Act shal be impounded through retention or deduction, unless in accordance vith te rules and reguiations fe be Issued by the OBM: PROVIDED, That aii tt funds appropriated for the purposes, progratris, projects and activities authorized under this Act, except those covered under the Unprograrnmad Func, shall be released pursuant to Section 33 (3), Chapter 5, Book VI of E.O. No, 292. Similar or allied provisions aré provided in the General Conditions of the GAAS for FY 2012 and 2013, under the caption “Release and Usa of Funds”, with additional provision on the Rules on Realignment of Funds, on what, where and when the Realignment of Funds may be authorized. GAA for FY 2012 ~ R.A. No. 10455 ‘The GAA for FY 2012 provides for “Rules in the Realignment of Funds” to wit "Sec. 54 provi KxX In no case shall a non-existent program, activity, or project, be funded by augmentation from savings or by the use of appropriations otherwhse authorized in thls Act, Sec. 85, Priority in the Use of Savings, In the use of savings, priority shall be given to the augmentation of the amounts set aside for compensation, year-end bonus and cash gift, retirement gratuity, terminal leave benefits, old-age pension of veterans and othe: personnel benefits authorized by law, and those expenditure items authorized in agency specia! provisions and in other sections of the General Provisions of this Ack.ae te ay Sec. 56. Rules in the Realignment of Funds. Realignment of funds fom ons allotment dass to another shall require orlor approval of the DBM Departments, agencies and offices are authorized to augment any item of expenditure within Personal Services and MOOF except confidential and intelligence funds which require price approva’ of the President of the Philippines. However, realignment of funés among objects of expenditures within Capital Outlays shall require prior approval of the DBM Notwithstanding the foregoing, realignment of any savings for the payment of magna carta benefits aulhorized under Section 41 hereof shall require prior approval of the CBP, Moreovel, the use of savings for the payment of Colfective Negotiation Agreement (CNA) incentives by agencies with approved and successful implemented CNAS pursuant te DEM Budget Circular No. 2006-1 rated Fabn 2096 shell be fimited to such reasonable rates as mayhe determined by the BBM. GHA for FY 2013 ~ RA. No. 10147 ~Sec, 53 provides: MEX, Augmentation applies the existence in this Act of program, &ctivity, or project with an appropriation, which upon implementation or subsequent evaluation of needed resources, is detertnined to be deficient, In no case shall @ non-existent program, activity, or project, be funded by augmentation from saviaigs or hy the use of approoriations otherwise authorized in this Act. Sec, 54. Rules in the Realignment of Savings. Realignment of Savings from one allotment class to anather shail require prior approval of the DEM, Departments, bureaus and offices, ncluding SUCs are authorized to augment any Item of expenditure within Persor: Services and MODE, except intelligence funds which requé approval from the President of the Philippines. — Hew realignment of savings among objects of expencituzea within C: Culleys shall require prior approval of the DAM Notwithstanding the foregoing, the payment of magna carta benefit hereof shall require prior approval of eelignment of any savings for authorized under 4 DBM. Sec.55. Rules in the Realignment of Savings for the Payment of Collective Negotiation Agreenient Incentives. Savings from allowable MODE allotments generated aut of cust-cutting measures identified in the Cotiective NegotiationAgreements (CrlAs} anc supplements thereto may be used for grant of CMA incentive by agencies with culy executed C PROVIDED, That ihe one-time annual payment of CMA Incentive must be made through a wiitten resolution signed by representatives of both labor and management, and approved by the agency head : PROVIDED, FURTHER. That the funding sources and mount of CMA Incentives shalt, In all cases, be limited to the allowable MODE atlotments and rates determined by the DBM, respectively." We respectfully request this Honorable Court to take judicial notice of the General Provisions of the GAA for F¥s 2011, 2042 a1 2013, captioned “Release and Use of Funds"; and that savings, augmentation and realignment of funds refer to funds for pragrams, activities, projects and ems included in the GAAs. Programs, activities. projects and items not included in the GAAs are interlopers/strangers in the implementation of GAAs cannot be vaiidiy funded by DAP. Conditions precedent for the se of saving for augmentation 2.3 Based on the aforecuoted provisions, the President, to legally use savings for augmentations, there are conditions sine gee mor that must be present and observed: (a) the savings as defined in Section 60 must come frorn item(s) included in the GAA: (5) the item(s) to be augmented exist or included in the GAA: (c) the item(s)/source of savings and the item(s) to be augmented must be within the apgiopriations of the authorized official; and (4) “Ie no case shall @ non-existent program, activity or project, be funded by augmentation from savings or by the use of appropriations otherwise authorized in this Act. 011, ISSUES ~ JHE CRUCIAL ISSUES SUBMITTED FOR RESOLUTION ARE: (0) ISTHE DAP CONSTITUTIONAL AND LAWFUL?; {b) MAY THE DAP BE CREATED/ESTABLISMED BY URKMOWN/URREVIEWABLE EXECUTIVE AC- TION BY THE RESPONDENTS AND NOT BY A LAW? MAY THE SAP VALIDLY AMEND THE LAWS BASSED BY CONGRESS AND RUN COUNTER TO, TGNORE AND DEFY THE CONSTLFUTION?;(ec) MAY THE DAP, NOT CREATED /ESTABLISHED BY LAW, CREATE PROGRAM, ACTIVITY OR PROJECT, MOT INCLUDED iN THE G&A, WITH APPROPRIATIONS?; (d) MAY THE DAP APPROPRIATE OR USE FUNDS NOY IN THE GAAs GR USE SAVINGS IM THE Ghats TO FUND OR AUGMENT PROGRAMS, ACTIVITIES OR PROJECTS CREATED OR FOUNDED IN GOR EMANATING PROM THE DAP. OR TTEMS NOT INCLUDED IN SHE GAA?; (@) ARE THE PUBLIC FUNCTIONARTES. WHS ESTABLISHED YHE DAP, DISBURSED, RECEIVED AND USED DAP FUNDS, JN VIOLATION OF THE CONSTITUTION AND THE GAAs, BE HELD CIVELLY AND CRIMINALLY ACCOUNTABLE UNDER THE CIVIL CODE AND THE REVISED PENAL CODE ANB/OR R.A. 3019, AS AMENDED, AND OTHER LAWS? (ft) MAY THE SUPREME COURT ORDER THE INTEGRATED BAR OF THE PHILIPPINES (EBP), YO DIRECT/REQUEST THE ASSOCIATION OF LAWYERS WHO ARE MEMBERS OF THE IBP TO ASSIST PROSECUTE THE PARTIES WHO ABE ACCOUNTABLE, AND ORDER THE OFFICE OF THE SOLICITOR GENERAL (OSG) AND THE NBI TO PILE CRIMINAL/CEIVIL CASES FOR THE RECOVERY OF THE PUBLIC FUNDS THAT WERE SQUANDERED? Iv. DISCOURSE Since the issues are closely intercalated, they shall be jointly treated: is the DAP included in the GAs? 3. The “Toxic Gotden Pig" (TGP) named DAP is nett expressly or Impllediy mentioned or articulated in the 2611 2013 GAAs. It is unknown to many Members of Congress, ‘ing the witting or unwitting beneficiaries, DAP is an invisible Uhing or item in the GAAs. It can only be seen, used and disbursed by the “close-in officials of respondents. vey are the only functionaries, iogisticians or tacticians familiarwith DAP - what, when, where and how to operate and manipulate the same. The BAP is suf generis. its invisible presence caught the Senate by surprise 2s pronounced by many Senators. How and who established the DAP that operates: within the zone of GAAS? 4. Respondents DBM and ABAD, have repeatedly admitted the BAP was established in and by DBM on 11 October 2011, funded with savings {although the fiscal year had not yet ended), and expected dividends from GOCCs and other sources. The saga how and who established the DAB is a legal enigma, A judicious unloading of Presidential Issuances, such as £.0.3, A.0.s, Memoes and Circulars from September to November 2011, issuer by the President does not show/reveal how and who created/establishec: the DAP. The fact is, the BAP exists in the 03M, managed and operated by DBM. The titanic DAP operates and maneuvers asa separate and distinct gigantic ‘budget’ created by respondents reaming and polluting the domain of GaAs albeit not Included in the GAAs. This is a classic legal conundrum. BAP nat created by law DAP js absolutely not established by law. It was not funded by law. Its operations and maintenance are not provided hy fave. It functions and operates within the corridors of respondent LBM, under the aegis of ABAD and “close in” officers, with or without the sanction of the Office of the Executive Secretary. This raises the consequential and crucia! issue, is the disbursement cr payment of money rovted or amanaied from the BAP sans an appropriation law legal? The answer is 2 resounding NO. It violates Sec. 29(1) and Sec. 25(5) of Art. VI of the Constitution and the general provisions of GAAs captioned “Release and Use of Funds/Savings”. PAP ts legally non-existent, yat amends the GAAS 5. Since the DAP was covertly established in and by DBM, it is nota jaw. Even if the same was established thru an executive cr administrative order, it cannot have the force and sffect of a law. ft is legally non-existent. Its implementation is. Necal. Neither the issuances of the DBM nor the Office cf thePresident may amend the GAds. Only Congress may ‘egally amend the GAAs enacted. The DBM and the Office of the President have NO authority to appropriate funds from unspecified or polltited sources end te Cisburse/fund programs, activities or projects not in the GAA, and cetermined by DBM with the conscious or unconscious cooperation of some members of Congress x Disbursements from the P72.118 by DAP under the GAA of 2034 te items Not existing of included In tra GAA admitted the 12 Octoher 2011 press release of the DBM/ABAD. 6. Notwithstanding BAP is not Induded in the GAAs, 1 invisibly aid clandestinely intertwines/interfaces with the 2011, 2612 and 2013 GAAs, unnoticed by the Members of the Senate and Hause of Representatives, especially the Filipino people. 7, The use of DA? funds for the following partiat progiams, activities, projects or items, not existing or included in the GAA for FY 2614, and determined only by DBM/ABAD with the wating « unwitting cotlusut of congressional officials. per CBs eS, release of 12 October 2011, copy attacher as Annex unconstitutional and Megat, punishable by law. () P37.928 to national government agencies and P7.25B to [GUs. The recipient agencies or LGUs are accountable and mi be unmasked to facilitate recovery/compensation? Gi} P26.968 t3 government-owned or controlled corporations (GOCCs}. Which of the GOCCs? How mich did eacn recipient receive? v (Ht) 5.58 for reads, bridges, flonc contrat and ather projects, The recipients must he identified and how much did each recipient project/work receive? (iv) P1628 worth of irrigation, farm-to-market roats 2 infrastructures, without specifying which roads, infrastructures not provided by law but determin i its cohorts. They are neither appropriated nor inciuded .n the GAA. 2 release and used of the funds were determined only by the DBM and not by lawciel 4 () P1298 for the Agrarian Reform Communities Project 2 of the DAR - not included or funded in the GAA and the release and use of funds were determined only by the DBM and not by law. (vi) P6.5B support to LGUS for the construction of roads that connect to national roads; rural electrification for barangays and sitios ~ not inciuded oF funded in the GAA. The release and use of funds were determined only by the DBM and not by law. (vil) P34.058 to the Natianal Housing Authority for various housing projects, including housing for Bureau of Fire Protectian and Bureau of Jai Management and Penolagy personne! - not appropriated and inctuded in the GAA, (vill) P1.5B for health care to support indigents under the National health Insurance Program - act included ar funded in tne GAA, (ix) P4878 for vehabilitation of Light Rail Transit (LRT) 1 and 2 and P4.5B for Metro Rail Transit (MRT) for purchase of additianal train cars - not inchided or funded in the GAA and the release and use of funds were determmed cnly by the DEM. (x) P8.59B was disbursed as financial support for the Autonomous Region of Muslim Mindanao and P1828 was disbursed as financial support for the Cordillera Peapie Liberation Army and the Mero Nationat Liberation Front and suppoit for the Remtegration Program of former rebels of the NPA. They are mot included ar funded In the GAA, The release and use of funds were determined only by the DBM, (xi) PLA billion for human resource development for BPOs to subsidize a private anc lucrative industry which amount could hewe been better spent in science high schools all over the country co improve the science aptitude of Filipino students. This is not inctuded and appropriated in the GAA. 8. To confuse the chaotic disbursements stated in the eariier DBM's press release on the use of the DAP P72.118 fond, the Office of the Secretary of Public Information Unit issued 3 press release of 13 December 2011, copy of which is attached as Annex “BY, confirming that DAP Fund, through the respondent DBN, created programs, activities and projects not included in the GAS and which GAP funded, contrary to the Canstitution and laws. The press refease of the OSEC Public Information spawned more suspicians and specuiations on the Tegal expenditures of public furs,x 8.1 To further compound the shadowy, fazy and obscure BAP, respondents and their functionaries again issued a press rel@ase on January 9, 2012, consisting of 3 pages, copy of which is attached as Annex “C™, on the distawsemenis of P6838 & programs, activitles or projects and iterris created by respondents and net Included In the GAA with no appropriation passed by Congress. ~ Socumented confessions / Admissions of violation of the Constitution and Penal awe The three (3) Press releases ara documented confessions/admissions that respondents DBM and ABAD and their functionaries, agents anc instrumentalities have deliberately and repeatedly violated the quoted provisions the Constitution, the GAAs, the Revised Fenal Code and other jaws on multiple counts, $3. Respondents published DAP released P237.3 Billion 45 October i, 2013, P72.5 Billion was disbursed in 2011 and an 54.8 Billion in 2012, or a total of P127.3 Bikion, funding gragrams, activities, projects and items not included and funded in the GAAS. The BAP is a misadventure and concoction of respondents and their functionaries. DBM/JABAD refeased and disbursed DAP funds va 3 crafty or foxy schemes with the vatting or unwitting negligence/greediness and cooperation of the cuistious or unconscious Members of Congress. The Thing “TGP* named DAP ss atrociously unconstitutional, legal end immoral by any yardstick, The TGP, better known as DAP. Is an insidious sabotage of the Constitution end clandestine subversion of the Genera! Appropriation Acts. oa 10. Ht |s petitioners’ humble submission that this Honcrabc Court, in the exercise of its legal and equitable jurisdictinn, Ras the authority and power to order the DBM and its funct es to reveal and identify the recipients/heneticlanes of the fruits of the poisonous tree BAP, the amounts received for the programs, projects and activities done and with the power to order the Office of the Selicitor General, the NB and I8P, under pain of sanction, recovery oF the funds illegally disbursed and to Te esther criminal and/or cli actions, as may be warranted.Since the Supreme Court is @ court of law and equity, only by exercising this power may we unmask who are the conductors and the playars of the discordant nutsic called DAP. V. AVERMENTS EN SUPPORT OF THE APPLICATION FOR TEMPORARY RESTRAINING ORDER AND/OR WRIT OF PRELIMIMARY INJUNCTION di. The petitioners replead and incorporate neret: reference all the preceding aliegations, submissions 2nd arqumel 1.1 The foregoing allegations/averments demonstrate that the petitioners are clearly entitied to the reite? demanded, the whale or part of which consists in restraining, enjoining and pronibit respondents, their agents and instrumentalities, from further proceeding with the programs, projects and activities grounded cr emanated fram the BAP and not included in the GAAs of FY 2011, 2012 and 2013 and from funding/releasing BAP funds; 11.2. Until and unless a TRO or pret fssued, Unlawful disbursements or uses of public funds: the iHegel/unconstitutional DAP will escalzie into violations, iF not a flaunting disregard or defiance, of and the laws further orejucicing public interest and 21,3. Uniess a TRO or preliminary injunction ss issued, petitioners and the Filipino people wif! continue te suffer from & grave and irreparable damage or injury Inclusive of the adverse aftermaths To the nation; 11.4 Respondents are doing and procuring to be done acts in violation of the rights of the Filipino peaple whose welfare Is being gravely prejudiced and tending te render the judgment bieffectual; 1.5 Since Whe issues invelved are clearly constitutional /legel issues, it is prayed that the TRO and/ar anction be issued without need of filing aWHEREFORE, it is respectfully prayed of this Hondrabie Court, in the exercise of its legal and equily jurisdiction, that 2 jucigment be rendered: 1) Declaring the creation/establishment and implementation Of the Disbursement Acceleration Program (BAP) by the Tespontients DBM/ABAD and their functionaries, agents ar instrumentalities unconstitutional, iltegal and vaid: and respondents are prohibited from further doing/acting or funding/disbursing on any matter arising from, connected with or related to the unconstitutional and unlawful DAP; ae ee ee ee a 2) Prohibiting/enjaining the recipients/oeneficiaries of the DAP funcs from using funds received and return the balance of unspent funds to the National Treasurer; 3) Ordering and directing the NBI andror Ch Stat Armed Forces of the Philippines ana/or Di the Phikppine National Police, designated on mdtion cf Petitioners, to seize the funds, assets of properties acquired thru the use of the GAP funds and turn over the same to the Nationai Treasurer; 4) Ordering the NBI and/or the Office of the Soticitar General ta file charges against ali persons who participated in the establishment of BAP and in the release and use of funds and the reciptents/beneficiaries whe conspired and to report to the Court Administrator, status of actions undertaken pursuant to this Decision of & quarterly besis; and 5) Ordering the (niteqrated Bar of the Philppu request the assistance and cooperation a & Lawyers whose membership are alst mer! of the IBP assist the DOJ, National Bureau of Investigation (NBI} anc OSG to prosecute public functionaries/partes wha are accountable and/or to. fite civil and crimingt cases for the recovery of public funds that were squandered and make a quarterly report to the Supreme Court of the status of the cases filed. Such other reliefs as may be just and equitable are giso prayed for. ae ee ee a ee ae ae | Makati City for Maniia, October 8, 2013, 3= SS = 2 & 2 ee Ae AD Se ae eS ee ee se ee w ! Af. MANUEL M. LazaRO Counsel for Petitioners PER No. 3673259/01.04,13/Makati City TBP LRN No. G0058/2.22,93/Tlocos Norte Rttomey’s Roll No. 13204 MCLE No. IV-0017128 / 4.16.2013 Chatham House Bildg., Valero Cor. Rufino Streets Salcedo Village, Makati City Tal. No. 844-1540; Fax 8448488. email mmiazarofirm@mmiazarciaw.com FROILAN M, BACUNGAN PTR No,7551412/01.04,13/Makati City IBP LRN No. 011012 Attorney's Roll No. 5400 MCLE No. ILL-€xempt 2"" Floor, Philtrust Building Remedios Cor. M.H. del Pilar Sts., Maiate, Mania 07. 13/Quezon City IBP No. 832984/07.22.13/Quezon City Attorney’s Roll No. 19260 MCLE No. 1V-0020194/5.14.2013 2 Floor, Phittrust Building Remedios Cor, M.H. dei Pilar Sts., Malate, Maniia Copy furnished: ‘Office of the Solicitor General Amorsolo Street, Legaspi Village Makati City bby Lie ve é RITA json, 3IMENG PTR No. 368055/01.10,13/Makat: City TBP LRN No. G7457 Attorney's Roll No, 33922 MCLE No. IV-0019948/5.06.2013 2°" Floor, Phitrust Building Remedios Cor, M.H. del PHar Sts., Meaiate, Manila . 5 noms B. LUMAUIG y PTR No. Teas ner city TBP No, 938385/01 Attorney's Roll N MCLE No. 1v-0020892/08.2 2 Floor, Phiftrust Building Remedios Cor, M.H. del Pilar Sts., Malate, Manila 13:Pasig City9 Se & SS Ss 2 6 Bt FR 2 we <2 we oe eS of Copy furnished: Office of the Soliclie: General (reg. mally £2 Amorsolo Street, Legaspi Vilage A Makati City Hon, Florencid B. Abad (rag. mail) ha ke. Secretary, Departiinait of Budget and Management / General Solano Street, San Mique! d Manila. Department of Radlget aed Management (reg. mail) 22 1). } We * General Solano Street, San Miguel Meshes ise Manila Logis REPUBLIC OF THE PHILIPPINES } MAKATI CITY 15.5. VERIFICATION and CERTIFICATION ON NON: SHOPPING DEAN FROILAN &8A&CUNGAN, Professor/Joumnatist BENJAMIN E. OLOKNG and former National Treasurer of the Philippines and a Professor Emeritus of Public Administration of the University of the Philippines LEOMOR MM, BRIONES, all of legal age, Filipinos, and residents of Metro Manila, after having been duly sworn in accordance with law, do hereby depose and stale that — i. Bacungan is the Vice-Chairman of Philippine Constitution Association (PHILCONSA”) and is the duly authorized representative of PHILCONSA - one of the Petitioners in the instant case, a copy of the Board Resolution is hereto attached as Annex “DB” and made an integral part hereof. Giokno and Briones are also petitioners in this case and are filing the same in thelr personal capacities as taxpayers; 2. They have caused the preparation and filing of the instant Petition for Certiorari and Prohibition; 3. They have read the foregoing Petitian and affirm that the allegations therein are true and correct of their own personal knowledge and based on authentic documents and records;4. They further attest that they have not commenced any action, claim, or proceeding involving the same or similar issues in the Supreme Court, the Court of Appeals or any other tibuna! or quasi-judicial agency; and that to best of their knowledge no other action, claim, or proceeding is pending in the Supreme Court or Court of Appeals or in any division thereof or any other tibunal or agency; ‘ 5. If they should thereafter learn of such similar action or proceeding, they undertake ts inform this Honorable Court within five (5) days from knowledge thereot. IN WITNESS WHEREOF, they hereunto affixed their signatures, in case of petitioner Bacungan, he affixed his thumbmark this day 8" day of October at Makali City, Philippines. BS Hw Se 3a PHILCONSA By: DEAN PROILAN BACUNGAN a woe, ~ ~ a - BENJAMIN E. DIOKNG LESiok M. BRIONES SUBSCRIBED AND SWORN to before me this 8" day of October 2013 in Makati City affiants exhibiting to me: Gov. Issued (D ,Pate/Place issued COMELEC & Dean Froilan M. Bacungan VIN 7404-5566430525FMB10001-5 % Benjamin €. Diokno. DL NIG-82-005560 3.28.2012 i Leonor M. Briones Bowe ee Bo eACE me At A SeK wb. odceo utah a MR RS 4 ¥ EXPLANATION In compliance with Section 41, Rule 13 of the 1997 Rules of Civil Procedure, as amended, please be informed that service of the instant pleading is being effected upen the aforenamed counsel by registeved mail in accordance with Section 7 of the afcresaid Rule 13 for the reason that personal service thereof is sot practicable considering the distances between their offices and this Court as well as undersigned counsel's offices, and the prevailing traffic conditions. . fh gone. ROMULG enuns é iegopefilealy Sgt ataaee btu! utp, jiwwonnne POL OL esa oe aa Aquinie goverment pursues P7211-B disbursement acceleration plan pubtaneat ‘Buoner 12; 9011. Latestundaie” Oetober 13, 2001 x ‘an October 12, 201E press defense trons fee Management Depurgacnt of Badget aad shupsimy pest fs Final from nase 610, AEF APROPOS New, fast Budget and Management Sacsutayy Flores Lo Abat ust, vad the Aquine avers va ioxplement P72 Ly hilltor in adkitomal projects an onder te fasrunick dinbusremants a push a light of the rfsbal slowtdoroa and the era utes eealamitis. eeopomic grow, “pide there was a tamavvixt in our lsburnsmens portennanes in August SA not enough Thal ig why President Aquino vostrisicd Bis government GXESUE TENS augitional proverts holster eegnomic growth in 2813. he said Hie said tryedisbursing sand high-tmpael prejacts wae sclera vr iaclustoo oa che Didbunesineat Aceeieration Plan for 4) These woutd irelude crise? panic works aac agrecul tute Gnimsirycture projects, hoising, reovadon ad resattement proytets, atukenal Maliny. suhport for love! government was (CLs). rebabmitecien of vail stents. projcest that suppers peace eflosts, healthcare insurance fy indigents, unui reseusee desclopesent waning, aonvag others Pras lot te govenynwnt ower! or ~conteolled oo poretians (GOUCS} pooled savings from amped eppeaprations in 2010 and 20H dividends. and vealipameni/ rahi agetiel ss 1h T¥OUF GE fast Of she P7214 billion, PX742 billion wiil be telewa 1 ranwmal government agencies hillion to LGUs; and P2690 Funding will b i windfall revenue Trem G0 Busicoias These additicual projects anelude. Publis Works: fhe Deparcneat of Pubic Works aa Uiehsaor wall sonar ene teh biliane P55 billion wortd of mvads. bridges, load contro! aud othr gavioets, mans af waich have been damaged ia the recent typhoons. Shese projects aivcerly have = voriplered jrsugram oF work, ad muay are quick-visbursing pavjects helow BAG million . “ Aurigplurg gud Agsavian Refora: Tie Departmen 2 febabilitate P1062 billion worth ef! igen Agdculime (DA) will consuct sud foun w-ourket seals sand other infrasusiwes Additional funding requirements will aly be released for the Minera ural ‘Teco Project (PONS miltions ane: the Agoy ver futegtttes) irrigation Project at anillien) Meanwhile, P1.29 billion will be seleaiod or the Agewn deform Counnunities Project 2 of the 1Dopartnvent of Agrarien Return G4i6) Lie Mea wtianont of partnership with ike Natit agers aad Vishortolh tie pooeph CED eet Nunes of olan Ma statist fos GA ata Qe lb concn tt bultiorey Supper w,.LELis: A tonal at Pod bYlon wel be provided to Lbs which ase aillanst onmphetety dopensient on their Interna) Revenws Allonment RAs, “or the eenstrsesion off wstenal reads 1st connect io nstional rozds: eure! eleersihcusea lor Sedngays wal iifus; id other priceily proj. thit have economic impidis preferably uieeeted to pour sesiors sunt comemutities “Thaw is being provided in fight of rhe ameipated seduetion in IRA in 102. he adklaion, P75C miéllean wile provided as development assivtimme wu Gitenon prosince 10 bre welt die satherent of National Power Corp, tax babiisies. (akewise. another P65 Sillica watt by allgcau! tor the various other programs and projects Housing, relocation qnd reseltement: A tod! of 2/195 billion all be eeleasea to Use Nasional Housimg Authosty faz Vetious hvusing projects including on-sity hhousing development tor famifies living along dangerous sreas {P10 éallion) aacl housing (oy Faray ai Fi ¢ Proteetion and Bureau of Jail Matagement and Pensiogy persomel (500 mnillion |. Government will also release P&G mifltion to the Huse Gueranice Com. as oqility infusion tir iis credit insuranog mongage guaranty operation's. Hestthcare: To support proium subsidies for indigsee: under che Nutional death Insurance Program. PLS billion will be qreviled fer tke payment af ebtigations of the national government, The Departincnr of Health will alse hawe ari ditions PRAY mill;on fer the hiing of nurses and midwives ty be deployed to sural doas Puviterraore, PAST million will be provided for cae upgrading of the phyview! play and guipenent ofthe PhiFippine Heart Center; P2K0 million for the renovation ead purchase of sajupmen, of the Philipaine Children’s Medical Comer ax] 235 milkon lure the pedintrie pulmouurs progeast of the 1any Contes of the Philippines Railway Rehabilitation: & total of PL87 billion ~ilt be provided fa: the cohaiwlitation of Light Rail Transit (LRI) Lines | and 2, invluding the roplicemen! of waen-out rails, repair ard rehabilitation of tains and impacvemsnt of tan slaioa fecilities, Lor the Mews Rail Trinsit (MRT), Pa.3 billion hae alsa heen prowided for the puuctise of addisiousl tran cats, Peace and Development. Fo loser peace. developmeal ani reform in the Avtonomous Region for Muslim Mindanan. goverunent ell implement 2 Vompichemive Peace ani Development lalervention package, work 8.59 billion. Meanwhile. dhe Payupa cl Masaganang Paraayanan {PAMAN4) program) will be pruvkded with an addidonal PER? billion far perce and development activities with Ihe Cordilleta People’s Liberian Army und tbe Meno aunosal Liberation front; support for tie: Keinteyration Program of fotmer rebels uf the New People's Army; ameng oibers. Horna resonros develpyamout tur Business Process Quiseurting (SCH nd saber industricn As the government, through “TYSUA anu! other aycnases. yrwiner with meushy groups like the Business Process Association of the Philippines fr Inman source developmen’. the= EE ee 1 Sa EL a a re RS A ee a ea we govesmens vet iim, vel prods: 1 E Sccna. Sue ats ena jester Loveenatang: A aii PS Zs puttien sail ow gag ide Philippine Atmospheric. Lea.phyancal ant A vthancement of As Doppler saat MAS Center Wid Seale thea sativa uioe wechestag ta x Af PoAbod explained that those now proumucis aan sugjevis Yuli be pe by. uoreleased appropgiatiouis Jor personal services im Ui reigned (P36 billion): wncleasee! apprupmialione fy coon win 2011 (P$83 miilliony the realignment of Br! fudgetiry sens sishursing projects (7.75 killieay; ibe 010 Weprogransmicd Ha dliviceads from GOCCS (P12.15 billions and unrelated apyuney Miving projeers £5 2010, which ace cartiashover as pone! avin, CFTR. ay Weak Banos ape This eniry waa posted in Brot ng Room, Department of 8 Boukmarc thepertatink, fig e S.taltish a National Me ab. “aeils bees weal nhce Ute Gnaos ane eapacnty oF the > Admiaisttasos .portuutaaly the soratagieal ga vided With appropriation caver 2 O6 pool ty SuSTORS nud dos ar show rte vitae prejecis in ‘lin agencies 1 fuvvur of fast eh 1) bE sciopested by windlall alisnts fox Uiswoitiousd or slow: sui HEP St bithion), udget and Mansigernent,Press Release 13 December 2011 in fine with és goal to step up government spending herre the year-end, He Department of Budiget and Management (GBM) today aewiuricex! that FEY. 28 billion or 85 percent of the P72.11-bilion Disbursement Accaieranion Pian has alteady hasr released to agencies an government-owned or -controtted comporalions (GOCCs) as of December 6, 2011. his amount, Budget and Management Secretary Florencio 8. Absu confined thar 41.66 billion had alieady Deen disbursed by agencies and GOCCs soe Dekober 12. when the Preeident approved the Disbursement Accelaration Plan, This ms about P15, billion or &6 percent higher than the P26.54-billion disburscrmen: level aa of Novernber 6 “The DEM is now taryeting further funding releases in the aurenni of P41 billion and a roinimum of PS billion ie actual disbursements te tect 34 percent of tha Disbursement Acceleration Pian {DAP) by mid-December, as exiles committed to the President.” Abad said ‘Table 1: Disbursement ancotprstlon Plan Statis ue of U6 ©: ' Bartetars: Regisred Amount “Raamonly ig Datgaie Fit ‘Cash Refeases" es Aca Oisbursenionts Toad Hotes 1) Special Allotment Newase Grders (SAROs) 2 P72.11-Gikion Pen, 79.99 bllicn ropresents the telat Cath requiTcinon| forthe yews. The sitfxanee Of 1.17 bition between cbligation auihoriies and cash recquitemonts is atibuaed to projec Hat ony recut altinents to eavanoe implementation nut wil not reqtise Gah payments ths year The cfforence also chides acconnis payable thal co not raqiice atixmenis, =o. ndcama:'s compensation under the Gomprenensne Agrarian Reform Program (CARP. “able 2: Breskriown of Ralanses te GOCE and RGAWIL GUE (nF tate) Badia, Required Amount | SARO> Released. BSeCs. 25.04 26. ReAs CUS B18 55 = TOTAL Tea eras Trois, 1) The cifctence between SAROS std NCRs released i GOOCS TPT 329 Dillon erases cash requirements or CARP tandowners' compensation, which does no: reauire SARS Abad said national government departments and agencies are now working with the DBM to seriously addsess the bottlenecks in fund ullization, He added hat with the DAP in full swing, the DBM is also keeping @ closer watch.on tha iniglameniation of priovily programs and projects by government agen DAP projecis with netable disbursements during the period inchide the National Housing Authority with P14.050 billion, as weil as the P970-midion equity infusions for credit insurance and mortgage guaranty operation of the Home Gueraniy Corporation (P400 million) and Trade and Investment Development Corporation of the Philippines: (P570 milion), and the establishment of centiaized credil jalusmation sysignt amounting to P75 milion Signiticant cash releasas nave also been given to Department of Heats 1294 milion} for the hiring of nurses and midwives, P2.75 billion support fund for ical goverment units (LGUs), and the P3314 million for the Depaitinent of Science aru’ Technology for the purchase of three Doppler radars and establishment of National Meteorological and Climate Genter. Forinquines, furtier questions andl requests for interview, 103% OSEC-Public Information Unit (480 1050 focal 2602, 0908 809 8170. dir Look for hr. Francis Capistrano, Ms. Lowe Belinoné of Me, J86-~ Avellane tsChgmaitPress Release 09 January 2012 98% of P72.11-B DAP ALREADY RELEASED, 77.5% DISBURSED ABAD: NEW P13.4-8 FUND TO BOLSTER ECONOMY AND INFRA DEVELOPMENT i Managerent (DBM) ioday announced that 96 percent or P69.3 billion of the P72.11 billion Sistuirsement Acceleration Pian (DAP) has successfully been rclensed to agencies and government owned or - controlied corporations (GOGts) as of end-December 2011 » Florencio &. Abad said that of the totat ont was steady disbursed by agencies and an the President approved the DAP. Budget and Management Sei amount, P53.8 billion or 77.5 yx GOCCs beginning October 12. w “We released about P8 billion frew: December 8 to 29 alone to agencies and GOCCs to ramp up spending. [he DAP contribxite immensely to te government's incteased spending i the last months of the year, allowing agencies fo quickly implemesi programs and projects aligned wilh the Aquino Social Contract to the Fitipine Peopie, A Bait. He also confirmed that Presides:t Senig Aquino il has augmented the DAP with an additiona’ P13.4 bition. binging the total available reteases to P85.5 billion. The added funds wit hel scale up government spending and sirengthen the national economy for fiscal year 2042. The additional fund was source om the pooled savings of the 2011 General Approoriations Act (GAA) that carresporwied to completed ar discontinued projects under certain departments or agencies. “The amount is targeted to provide new activities which have not been anticipated curing the preparation of the budget, as well as to augment additional requirements for on-going prievty projects. It will also provide for deficiencies under the Spesiai Purpose Fund. including ihe Calamity Fund and Contingent Fund, and augment the much-recticed ditemal revenue allocations for toca government units,” Abad said As of end-December 23, aifsiment releases for the P13.4-billion additional funding have also amounted m P 11.0 pillion, wil 7,8 billion or 68 percent in aclual disbursements. Meanwhile, of the original P72.71 tkon GAP, cast releases by the end of December amounted to P5is 0 béiion, with actual disbursements of F53.6 billion, Table ¢: Disbursement Acrnterstion Plan Status as of end Decembar 2041 (in P bilfion) ~~" Tatiee of Cash] Altotment | Allocation Release Order Particulars 13.9 billion (Gecond aporavel) ae GRAND TOTALFurthermore, actuat disburse: grew by about P12. 14 billion te + Of 44.68 billion 110 percent of allocations for to the December 6, 2011 status under the P72. 14-billion first approved DAP 30 pMicn as of end-December, as compared GOCCs were algo relzased ani! disbursed Ly their tespective agencies. Table 2: Breakdown of Retsaso= of P72. NGASALGUS [in P billiany i-4 DAP to GOCCs and NCAs Released Disbursements Particulars Required | SAROs Amoint Released GOCCS, 26.535 NGASLGUs [45.165 TOTAL Tadt Note: 1) The difference betaeen P7.932 billion represents cast compensation, which does noi recjuire SAROS AR Cw and HORS veleased to GOCCs worth uliements for CARP landowners’ Notable projects for the addtisnat P12.4 bition include the P1.6-billion nationwide Disaster Risk, program of the Department of additional P4.26-billion hudget for stake univer the Commission on Higher Batieation (C NEW PROJECTS UNDER THE P412.4 billion DAP xposiire, Assessment and Mitigation (DREAM) cience and Technology, the P450-million Jataur River Multipuspose Project of ine Departinent of Agriculture, as well as the ities and colleges (SUCs) under _t AGENCY lv AMOUNT | DOST Nationwide Disaster P16 billion Exposure. Assessment and, | AM: DANA P50 million MMDA _ 7230 million _t ie Renewal, Traffic 154403 million Management, Flood Conte! 295.571 million DPWH Various wvfrasiructure PIS9917 million projects 2 : DILG Special capacity building | PA3.323 million project for peopte’s and non- government organizations LGUs | [ P88 billion BOC PI92.64 million ——-pmmintenanee project DPWH Payment of Fight of way P719.02 million incentives of personnel P2286 billion attested by the PNP ‘Nadie funds for MOGE {P115.33 million | of PNP Regional CHED Additional budget for BUCS: P4284 Dillion‘0G FE. 1 EE BED RRL CARY RWS RARE RE Bg — _e_ _ a ——-e- capacity building of leading state saniversities by Grants-in-Aid prograns for poverty allextation °) Modemizing HE 15 (TLDA SS [Triftasinucitve upgeade and | P270iaiilion + development program: _ Po DOST Estabfishment of the PAN million, Advanced Failure Analysis Laboratory —— DAP Hatmonization of National Goverament Performance Monitoring and Reporting PSG DPwH For inquiries, further gu: OSEC-Punlic Information Us 6170. doyrncormunicatiore Look for Ms. Louie Belmonte terview, please 602, 0808 869ANKEN'D’ SECRETARY'S CEI KNOW ALL MEN BY THESE PRESENTS: |, HEZEL P GACUTAN, offer having been duly swom in accordance with law, hereby depose and slate: t That 1 am the Secrelary General of the Philippine Constitution Association (PHILCONSA), o non-stock, non-profit ossociation duly organized and existing under and by virtue of Ihe faws of the Philippines, with principal office and piace of business at the 2" Floor, Philtrust Building. Remedios cor. M.H. del Pilar Sts, Molale, Manila; 2. That at the meeiing of the Board of Governors of said Association held on October 1, 2013 at which a majority of the members of the Board were present, the following resolution was adopted and approved: “The Board Resolved the filing a Petition with the Suprerne = Cowl = fo question — the constituionalily/vatidiy of the “Disbursernent Acceleration Program" (DAP), inclusive of its creation/establishment, use and disoursements, and AUTHORIZE the Vice Chairman of ihe Board, Dean Frollan M. Bacungan, fo represent the Philconsa and to engage the services of M.M. Lazare & Associates as lead counsel and other counsel in the preparation of the appropriate pelition before the Supreme Court and handling the case fe its conctusion. The Board Resolved FURTHER TO AUTHORIZE, the Vice Chairrnan of the Board Dean Bacungan, to verity ane! certify the petition. particulerdly the required Certification on Non-Forum Shopping in accerdance wiih the Rules of Court and/or appropriate circulars of the Supreme Coutt: The Boarci Resolved FURTHER TO OISPENSE with the Resolution of the Board of Governors every time there isfaré Constitutional issues that need to be clemified or resolved by the SupremeCourt and FINALLY RESOLVED fo authorize whoever is the incumbent Chairman and/or President of Philconsa to file such appropriate petition with any Court inclusive of the Supreme Court.” | hereby further certify that the foregoing are tue and conect excerpts of the Minutes of the Boord Meeting of PHILCONSA held on October 1, 2013 at its office, IN WITNESS WHEREOF, [ have hereunto signed this Secretary's Certificate this 7 day of October, 2013 at Makati City _-WETELP. GACUTAN Secretary General Ve SUBSCRIBED AND SWORN to before me this 7" day of October, 2013 at Makati City, affiant exhibited to me nis COMELEC VIN: 7601-06336-D1640HPG10000-7 issued at Cily of Las Pifas. Goc, No, are + Page No, _¢7: Bock No, Series of 2013,