SUMMARY
#5 TAGS: EXTENT AND LIMITATIONS ON LEGISLATIVE POWER
BELGICA V. OCHOA (G.R. No. 208566, November 19, 2013)
G.R. No. 208566 (lawphil.net)
ARTURO M. TOLENTINO, petitioner,
vs.
THE SECRETARY OF FINANCE and THE COMMISSIONER OF INTERNAL
REVENUE
FACTS
1. The NBI Investigation II. Substantive Issues on the "Congres
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
ISSUE: WoN
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.
2. Whether or not the
phrases (under Section 8 of
PD 910,116 relating to the
Malampaya Funds, and
under Section 12 of PD
1869, as amended by PD
1993, relating to the
Presidential Social Fund,
are unconstitutional
insofar as they constitute
undue delegations of
legislative power.
DISCUSSION/PRINCIPLES RULING
Yes, 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
 dummy NGOs. Thus, legislators to intervene
Criminal complaints and/or assume duties that
were filed before the properly belong to the
Office of the sphere of budget
Ombudsman, charging execution. This violates the
five (5) lawmakers for principle of separation of
Plunder, and three (3) powers. Congress‘role
other lawmakers for must be confined to mere
Malversation, Direct oversight that must be
Bribery, and Violation confined to: (1) scrutiny
of the Anti-Graft and and (2) investigation and
Corrupt Practices Act. monitoring of the
Also recommended to implementation of laws.
be charged in the Any action or step beyond
complaints are some that will undermine the
of the lawmakers’ separation of powers
chiefs -of-staff or guaranteed by the
representatives, the constitution.
heads and other
officials of three (3) Thus, the court declares
implementing the 2013 pdaf article as
agencies, and the well as all other provisions
several presidents of of law which similarly allow
the NGOs set up by legislators to wield any
Napoles. form of post-enactment
authority in the
2. Whistle-blowers implementation or
alleged that" at least enforcement of the
P900 Million from budget, unrelated to
royalties in the congressional oversight, as
operation of the violative of the separation
Malampaya gas of powers principle and
project off Palawan thus unconstitutional.
province intended for
agrarian reform
beneficiaries has gone 2. Yes. Sec 8 of PD 910-
into a dummy NGO. the phrase “and for such
Several petitions were other purposes as may be
lodged before the hereafter directed by the
Court similarly seeking President”‖ constitutes an
that the "Pork Barrel undue delegation of
System" be declared legislative power insofar as
unconstitutional it does not lay down a
sufficient standard to
3. G.R. No. 208493 – SJS adequately determine the
filed a Petition for limits of the President‘s
Prohibition seeking authority with respect to
that the "Pork Barrel the purpose for which the
 System" be declared Malampaya Funds may be
unconstitutional, and a used. It gives the President
writ of prohibition be wide latitude to use the
issued permanently Malampaya Funds for any
other purpose he may
4. G.R. No. 208566 - direct and, in effect, allows
Belgica, et al filed an him to unilaterally
Urgent Petition For appropriate public funds
Certiorari and beyond the purview of the
Prohibition With law.”
Prayer For The
Immediate Issuance of Section 12 of PD 1869, as
Temporary Restraining amended by PD 1993- the
Order and/or Writ of phrases:
Preliminary Injunction
seeking that the (b) "to finance the priority
annual "Pork Barrel infrastructure
System," presently development projects” was
embodied in the declared constitutional. IT
provisions of the GAA INDICATED PURPOSE
of 2013 which ADEQUATELY CURTAILS
provided for the 2013 THE AUTHORITY OF THE
PDAF, and the PRESIDENT TO SPEND THE
Executive‘s lump-sum, PRESIDENTIAL SOCIAL
discretionary funds, FUND ONLY FOR
such as the RESTORATION PURPOSES
Malampaya Funds and WHICH ARISE FROM
the Presidential Social CALAMITIES.
Fund, be declared
unconstitutional and (b)” and to finance the
null and void for being restoration of damaged or
acts constituting grave destroyed facilities due to
abuse of discretion. calamities, as may be
Also, they pray that directed and authorized by
the Court issue a TRO the Office of the President
against respondents of the Philippines” was
declared
5. UDK-14951 – A unconstitutional.IT GIVES
Petition filed seeking THE PRESIDENT CARTE
that the PDAF be BLANCHE AUTHORITY TO
declared USE THE SAME FUND FOR
unconstitutional, and a ANY INFRASTRUCTURE
cease and desist order PROJECT HE MAY SO
be issued restraining DETERMINE AS A
President Benigno ―PRIORITY‖. VERILY, THE
Simeon S. Aquino III LAW DOES NOT SUPPLY A
(President Aquino) and DEFINITION OF ―PRIORITY
Secretary Abad from INFRASTRUCTURE
releasing such funds to DEVELOPMENT PROJECTS‖
Members of Congress AND HENCE, LEAVES THE
PRESIDENT WITHOUT ANY
GUIDELINE TO CONSTRUE
THE SAME.