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OSG’s motion to lift TRO vs. pork barrel, Malampaya Fund opposed

Posted on October 1, 2013

MANILA, (PNA) — A group of petitioners Tuesday opposed the motion of the Office of the Solicitor General and the Congress seeking to lift the temporary restraining order issued by the Supreme Court against the release of the remaining pork barrel of congressmen for the year 2013 and the Malampaya Fund.

In the reply submitted Tuesday by the group of former Manila Councilor Greco Belgica to the SC, they stressed the argument of the respondents that the right of the petitioners was not violated in the sense that the SC previously declared the pork barrel fund as constitutional lacks merit.

According to the petitioners, their right against illegal expenditure of public fund is continuously being violated due to the existence of the Priority Development Assistance Fund.

They argued the earlier decision of the SC in the case of the Philippine Constitution Association and the Lawyers Against Monopoly and Poverty cannot be applied in the case they filed before the SC.

They cited the case of the Philconsa and the LAMP did not tackle the alleged overstepping of the Congress on the power of the Executive Branch in the implementation of the proposed budget.

They said that the Commission on Audit itself stated that the PDAF system violated the principle of separation of powers when the congressmen were authorized to implement public projects which is the function of the Executive Branch.

On the motion seeking for a partial lifting of the TRO on PDAF to fund the education and medical needs of the poor, the group of Belgica said the Congress can enact a special appropriations bill into a law to address the necessities of their scholars and the poor patients.

The petitioners also said the President can realign fund from savings of some government agencies.

They also argued the President himself declared the intention to abolish the PDAF and it was an indication that even the Chief Executive was convinced that the pork barrel system violated the right of the petitioners and it may bring about grave and irreparable injury to the public.

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