Belgica vs Alcantara

“Pork Barrel” refers to an appropriation of government spending meant for localized projects and
secured solely or primarily to bring money to representative’s district. Act 3044, or the Public Works
Act of 1922, is considered as the earliest form of "Congressional Pork Barrel" in the Philippines since
the utilization of the funds appropriated therein were subjected to post-enactment legislator
approval. On August 16, 2013, the Commission on Audit (CoA) released the results of a three-year
audit investigation covering the use of legislators' PDAF from 2007 to 2009. Spurred in large part by
the findings contained in the CoA Report and the Napoles controversy, several petitions were lodged
before the Court seeking that the "Pork Barrel System” be declared unconstitutional.

Issue: Are post enactment measures which govern the areas of project identification, fund release
and fund realignment not related to functions of congressional oversight and not violative of
separation of powers?

Ruling: The post enactment measures are NOT related to functions of congressional oversight.
Congressional oversight must be confined to the (1) scrutiny based primarily on Congress‘ power of
appropriation and the budget hearings conducted in connection with it…; and (2) investigation and
monitoring of the implementation of laws pursuant to the power of Congress to conduct inquiries in
aid of legislation. Any action or step beyond that will undermine the separation of powers guaranteed
by the Constitution. Hence, post-enactment features dilute congressional oversight and VIOLATE
Section 14, Article VI of the 1987 Constitution.

Issue: Are these measures violative of the non-delegability of legislative functions?

Ruling: YES. The principle of non-delegability should not be confused as a restriction to delegate
rule-making authority to implementing agencies for the limited purpose of either filling up the details
of the law for its enforcement (supplementary rule-making) or ascertaining facts to bring the law into
actual operation (contingent rule-making). In the case at bar, the post-enactment identification
authority to individual legislators violates the principle of non-delegability since said legislators are
effectively allowed to individually exercise the power of appropriation, which is lodged in Congress.
The power to appropriate must be exercised only through legislation is clear from Article VI of the
1987 Constitution.