By Perfecto Raymundo
MANILA, (PNA) — Solicitor General Francis Jardeleza Thursday maintained the provision of the Priority Development Assistance Fund under the 2013 General Appropriations Act is constitutional.
During the second day of the oral arguments at the Supreme Court on the PDAF, Jardeleza stressed under the 2013 GAA, the lawmakers are allowed to propose and identify projects and this system is in consistent with the decision of the SC in the case of Philippine Constitution Association.
In the case filed by Philconsa in 1994, the SC upheld the power of Congress which was delegated to the lawmakers pertaining to the pork barrel because the proposal and the identification of projects are all merely “recommendatory” in nature.
Nevertheless, Jardeleza pointed out under the 2013 GAA, at the end of the day, it is still the President who will make the decision on the allotment of pork barrel fund of the lawmakers, and he can also issue order for the release of the fund.
Under such a process, he said, there are no constitutional powers of the Executive Branch and the Legislature which are overstepped or impeded.
Jardeleza also made a comparison of the provision of pork barrel fund under the 1994 GAA and 2013 GAA.
At the current national budget, he said, there has been a detailed “menu” on the use of PDAF and it can be considered as “self-imposed limitation” on the part of Congress.
This means, Jardeleza said, in the passage of time Congress has become stringent on the use of PDAF.
Jardeleza added no realignment of funds has been done, but rather, only realignment of projects.