Strong words on the PDAF (and my reading is that these comments apply clearly to the DAP as well) by Justice Antonio Carpio, who is the most senior member, in terms of service, of the Supreme Court. As quoted in the Inquirer: "The power to realign [funds] can be delegated to the Cabinet? That power cannot be delegated. This power to realign is unconstitutional." “When the Constitution says all appropriation shall emanate from the House, it has to be acting as a body, it cannot be one legislator or a Committee. A legislator or a House Committee is not Congress.” “You do not need a COA report. The 2013 provision on PDAF [in the GAA] is riddled with unconstitutionality." And on the Malamapaya funds, Justice Carpio seems to say also that all the disbursements of that fund by both Arroyo and Aquino are illegal. According to the Inquirer, regarding the Malampaya fund, Carpio said, the government’s basis, which is Presidential Decree 910, which allows the President to use the Malampaya fund for other purposes, was done during the time of President Ferdinand Marcos, when the Executive also has a legislative power. But with the enactment of the 1987 Constitution, Carpio pointed out that the President has been stripped with legislative power. “So PD 910 is now facially unconstitutionally. You do not need a COA report on that, If this is a dominant view in the Court, lots of implications for the 2013 budget and previous expenditures. Read more: newsinfo.inquirer.net/502831/sc-justice-2013-gaa-riddled-with-unconstitutionality#ixzz2h7Rc5QHQ
Posted on: Tue, 08 Oct 2013 09:03:56 +0000
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