Consitutionality of PDAF

Of PDAF and other matters

In 1994, the constitutionality of the pork barrel fund was challenged on the ground of violation of the rule that, although appropriating money is the function of Congress, spending it is the prerogative of the executive branch. The Supreme Court ruled in favor of the fund. It said that what the law allowed members of Congress to do was simply to recommend projects. If the recommended projects qualified for funding under the Countrywide Development Fund, it was the president who would implement them.

The latest Priority Development Assistance Fund is found under the 2013 General Appropriations Act. Its constitutionality is now also being challenged. What defect in the PDAF Law makes it unconstitutional?
The law specifies the total amount to be appropriated, identifies the implementing agencies, specifies the individual amounts that can be identified by legislators (P70 million for representatives, P200 million for senators), and identifies the potential recipients. If realignment is needed, the rules for realignment are set in the law pursuant to a constitutional requirement for transfer of funds. A request for release of funds  must be supported by required documents and endorsed by the committee on finance of the House or the Senate. The release is made by the identified agencies. The Department of Budget and Management and the respective agencies are responsible for posting the identity of the proponent legislators, the name of the projects, the names of the beneficiaries, the program evaluation and the assessment report, the authorized realignment if any, and procurements made under the fund.

Obviously, something went wrong. What went wrong and whose fault was it? We will be waiting for what the Supreme Court will say.

 

source:  Philippine Daily Inquirer's Column of Fr Joaquin Bernas SJ