BELGICA et. Al vs OCHOA, et. Al.

,
November 19, 2013

FACTS:
The NBI Investigation was spawned by sworn affidavits of six (6) whistle-blowers who
declared that JLN Corporation (Janet Lim Napoles) had swindled billions of pesos from
the public coffers for "ghost projects" using dummy NGOs. Thus, Criminal complaints
were filed before the Office of the Ombudsman, charging five (5) lawmakers for Plunder,
and three (3) other lawmakers for Malversation, Direct Bribery, and Violation of the Anti-
Graft and Corrupt Practices Act. Also recommended to be charged in the complaints are
some of the lawmakers’ chiefs -of-staff or representatives, the heads and other officials
of three (3) implementing agencies, and the several presidents of the NGOs set up by
Napoles. Whistle-blowers alleged that" at least P900 Million from royalties in the
operation of the Malampaya gas project off Palawan province intended for agrarian
reform beneficiaries has gone into a dummy NGO. Several petitions were lodged before
the Court similarly seeking that the "Pork Barrel System" be declared unconstitutional

G.R. No. 208493 – SJS filed a Petition for Prohibition seeking that the "Pork Barrel
System" be declared unconstitutional, and a writ of prohibition be issued permanently
G.R. No. 208566 - Belgica, et al filed an Urgent Petition For Certiorari and Prohibition
With Prayer For The Immediate Issuance of Temporary Restraining Order and/or Writ of
Preliminary Injunction seeking that the annual "Pork Barrel System," presently
embodied in the provisions of the GAA of 2013 which provided for the 2013 PDAF, and
the Executive‘s lump-sum, discretionary funds, such as the Malampaya Funds and the
Presidential Social Fund, be declared unconstitutional and null and void for being acts
constituting grave abuse of discretion. Also, they pray that the Court issue a TRO
against respondents

UDK-14951 – A Petition filed seeking that the PDAF be declared unconstitutional, and a
cease and desist order be issued restraining President Benigno Simeon S. Aquino III
(President Aquino) and Secretary Abad from releasing such funds to Members of
Congress

ISSUE:
1. Whether or not the 2013 PDAF Article and all other Congressional Pork Barrel
Laws similar thereto are unconstitutional considering that they violate the principles
of/constitutional provisions on (a) separation of powers; (b) non-delegability of
legislative power; (c) checks and balances; (d) accountability; (e) political dynasties; and
(f) local autonomy.

RULING:
WHEREFORE, the petitions are PARTLY GRANTED. In view of the constitutional
violations discussed in this Decision, the Court hereby declares as
UNCONSTITUTIONAL: (a) the entire 2013 PDAF Article; (b) all legal provisions of past
and present Congressional Pork Barrel Laws. The PDAF article is unconstitutional. The
post-enactment measures which govern the areas of project identification, fund release
and fund realignment are not related to functions of congressional oversight and, hence,
allow legislators to intervene and/or assume duties that properly belong to the sphere of
budget execution. This violates the principle of separation of powers. Congress‘role
must be confined to mere oversight that must be confined to: (1) scrutiny and (2)
investigation and monitoring of the implementation of laws. Any action or step beyond
that will undermine the separation of powers guaranteed by the constitution.
Thus, the court declares the 2013 PDAF article as well as all other provisions of law
which similarly allow legislators to wield any form of post-enactment authority in the
implementation or enforcement of the budget, unrelated to congressional oversight, as a
violation of the separation of powers principle and thus unconstitutional.