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Pork barrel is alive
1. ABOLISH THE PORK
BARREL SYSTEM THRU
PEOPLE’S INTITITIVE
BAYAN MUNA
Rep. Carlos Isagani T. Zarate
2.
3. Government has no money for:
1. Genuine Agrarian Reform
2. Industrialization
3. Health care and other public
service thereby the need for
privatization, PPP and loans
4. Other government functions
4.
5.
6.
7. Year Debt Interest
2013 5.9 Trillion
333.9
Billion
adjusted
2012 5.5 Trillion
312.8
Billion
actual
2011 4.9 Trillion
279.0
Billion
actual
2010 4.6 Trillion
294.2
Billion
actual
Debt Payment
10. Philippine Pork Barrel System
The pork barrel system is not
however limited to the legislators.
It includes the pork barrel of the
President.
Nature:
(1) it is a source of graft and
corruption;
(2) public funds are disbursed to favor
political allies and withheld from the
opposition in a form of political
patronage and “legalized” vote buying;
and
(3) its release (or non-release) is used
by the executive to control both
Houses of Congress violating the
constitutional principles of effective
checks and balance.
THE PORK BARREL SYSTEM
IS INHERENTLY
ANOMALOUS BECAUSE it is
used for patronage
politics; mere
restrictions will not
clean it.
11. Why is pork barrel inherently
anomalous?
1. It is a source of graft and corruption
2. it distorts budgetary needs and
processes
3. pork is patronage politics where public
funds are given to allies and voters and
withheld from political enemies
12. THE PORK BARREL SYSTEM: SOURCES
1. Lump-Sum Appropriation– funds allocated
without being broken down into detailed
purpose/s. This leaves a great deal of discretion to
the hands of the head of governmental agency or
department, most especially the President.
2. PDAF – lump sum appropriations in the GAA
Act to fund projects considered a “priority” by a
legislator. It is also used for “patronage politics” by
the President to ensure the support of members of
Congress. In 2013, about P24B is appropriated for
PDAF.
13. 3. DBM Circular 541 (2012) –issued by the DBM
realigning “unobligated allotments” by mid year, to
“projects not considered in the budget but is about to
start within the current year”.
4. Overall Savings – savings derived from unused or
unspent portion of funds appropriated in the GAA.
5. Off-Budget Funds – funds derived from other
sources not specified in the National Budget. Use of
these funds are under the sole discretion of the
President without need of congressional approval such
as Malampaya Funds, Presidential Social Fund, etc.
14.
15.
16. Priority Development Assistance Fund (PDAF)
2002 5,677,500
2003 8,327,000
2005 6,100,000
2007 11,445,645
2008 7,892,500
2009 9,665,027
2010 10,861,211
2011 24,620,000
2012 24,890,000
2013 24,790,000
Grand Total 134,268,883
17.
18.
19. Special Purpose Funds
2002 211,845,056
2003 267,834,997
2005 254,145,611
2007 193,417,998
2008 562,890,352
2009 549,044,226
2010 629,616,038
2011 232,498,150
2012 376,274,115
2013 385,473,395
Grand
Total 3,663,039,938
Funds
appropriated to
augment the
regular budget of
selected agency
or department.
20. Unprogrammed Funds
2002 21,114,977
2003 54,275,880
2005 34,854,520
2007 61,129,460
2008 114,492,091
2009 75,970,194
2010 118,913,946
2011 66,908,492
2012 152,821,845
2013 117,548,371
Grand
It is a standby appropriations,
which authorize additional
agency expenditures in excess
of the original budget.
The fund is to be implemented
only when revenue collections
exceed the resource targets
assumed in the budget, or
when foreign project loan
proceeds are realized.
22. IN BUDGET ITEMS (Funds in the NEP and GAA)
Special Purpose Funds
Allocation to Local Govt Units (ALGU)
To the IRA of local government units Special Share of LGU P 16.70 Billion
in the proceeds of National Taxes
Financial Subsidy To LGU P 200 million
------------
Sub-total ALGU Pork Barrel P 16.90
PDAF (Pork Barrel of Legislators) P 24.89 Billion
DepEd School Building P 1 Billion
E- Government Fund P 1 Billion
Budgetary Support to GOCC P 21.57 Billion
Misc. Personnel Benefit Fund P 109.29 Billion
PAMANA P 1.76 Billion
Unprogrammed Fund and Automatic Appropriation
Budgetary Support to GOCCs P25.21 Billion
Support to Infra Projects and Social Programs P26
Billion
Debt Management Pogram P85.18 Billion
Net Lending P23 Billion
Special Account P26.83 Billion
-----------------
` P362.63 Billion
23. Malampaya Fund Misuse
No
.
Name of Agency Total amount released
1 Department of Agriculture P5,824,000,000
2 Department of Agrarian Reform 900,000,000
3 DOST – PAG-ASA 400,000
4 DOF – NHA 1,398,860,000
5 DPWH 7,073,806,659
6 DBM 62,000,000
7 DND 1,198,093,418
8 DILG 2,140,000,000
9 DOTC – Philippine Coast Guard 50,000,000
10 DOH 745,926,000
11 DOE 250,000,000
12 Province of Palawan 3,958,508,492.51
TOTAL RELEASES AS OF Dec. 31, 2010 P23,601,594,569.51
In its 2010 Annual
Report, the COA
observed that out of
the total releases to
national government
agencies, only P250
million or 1.27% were
given to DOE while
P19.39 billion or
98.73% was for other
purposes.
24. YEAR / SARO RECIPIENT AMOUNT
2009 / 138 SAROs Non-Energy related expenses P 7.094 Billion
2009/ 2 SAROs DILG-PNP P 2.14 BILLION
2009 / 3 DA – AGFP P 5.82 BILLION
2009 DND – AFP P 1.19 BILLION
#A-06-8535 NEA – Electrification of 211
Barangays
P 250 MILLION
SARO A-09-08589 DOTC – Phil. Coast Guard P 50 MILLION
2009 DBM-OSEC P 60 MILLION
No. B-09-09046 DOH P745 MILLION
Malampaya: The Arroyo Years
25. YEAR / SARO RECIPIENT AMOUNT
F-11-00599 NPC P 2 BILLION
NPC P 1.62 BILLION
NPC P 3 BILLION
No. A-11-00842 DILG – Pantawid Pasada P 150 MILLION
2011 DILG – Pantawid Pasada P 350 MILLION
Malampaya: The Aquino Years
26. SARO RECIPIENT AMOUNT
2011 AFP-DND P 4.9 BILLION
Sitio Electrification Project P 814.4 MILLION
2011 Barangay Line Enhancement
Projects
P 1.1 BILLION
No. D-11-00798 USCGC Hamilton P 423 MILLION
Transfer, dry-docking and hull
maintenance costs of USCGC
shipS
P880.6 MILLION
Malampaya: The Aquino Years
27.
28. Section 5.7 The withdrawn allotments may be:
xxx
5.7.2 Realigned to cover additional funding for other
existing programs and projects of the agency/OUs;
5.7.3 Used to augment existing
programs and projects of any agency
and to fund priority programs and
projects not considered in the 2012
budget but expected to be started or
implemented during the current year.
DBM Circular No. 541 (2012)
29. Art. VI, Sec. 25 (5) - No law shall be passed authorizing any
transfer of appropriations; however, the President, the
President of the Senate, the Speaker of the House of
Representatives, the Chief Justice of the Supreme Court,
and the heads of Constitutional Commissions may, by law,
be authorized to augment any item in the general
appropriations law for their respective offices from savings in
other items of their respective appropriations.
30.
31. Year Amount (in Billion Php)
2011 83.53
2012 58.7
2013 15.3
Total 142.23
32. Item Amount
To purchase “additional
train cars”, according to
DBM
P4.5 Billion According to DOTC, there will be no additional train
cars until the end of the term of Pres. Aquino.
PAMANA Fund for the
CPLA and MNLF
P1.82 Billion Considering that BAYAN MUNA found DND
spending approximately P300 Million in ghost MNLF
and CPLA projects. This nearly P2 Billion is highly
questionable.
GOCCs P26.9 Billion This fund is given to GOCCs, despite the
controversies on extravagant perks and benefits of
their officials, while another billions as budgetary
support from Special Purpose Funds and another
billions from Unprogrammed Funds.
“Stimulus fund” for ARMM P8.5 Billion This is on top of the P11.8 Billion allocated in 2012
GAA as their regular budget. Hence, this is not
appropriated in the GAA.
33. Item Amount
Conduct of survey on
farmers and fisherfolks by
DAR and DA
P625 Million 625 million pesos on a survey????
Agrarian reform
Communities Project 2 of
DAR
P1.29 Billion These amorphous projects of DAR “for agrarian
reform beneficiaries” has been the subject of many
irregularities including the P900 Million
Malapampaya Fund currently under investigation.
The ARC 2 has in fact been the subject of a multi-
billion loan from ADB which has not been utilized
for years and yet we pay huge interest for this
gigantic fund which is just lying somewhere in a
special account of the government.
DAP Funds given to
Legislators
P50-100 Million to Senators, during or after the
impeachment trial, as exposed by Sen. Jonggoy Estrada;
P475 Million returned from DAR but realigned by
Senators through TRC.;
And another millions to congressmen, Sen. Joker
Arroyo among others.
All of which are currently being audited by COA,
according to its chairperson.
38. House Bill 298
Makabayan bloc files
House Resolution
calling for the
abolition of the pork
barrel system,
itemization of lump
sum funds and
allocation of these to
basic social services,
salary increase for
government
employees and job
creation in the 2014
National Budget.
41. The Hidden Congressional Pork in
the 2014 Budget
“PDAF” is abolished
but congressional pork is not
I.The Belgica v. Ochoa decision
II.House Pork
III.Senate Pork
IV.Formal and Informal Practices in Accessing Pork
42. SC: Pork is unconstitutional
Pork Barrel System
-“the collective body of rules and practices…by
which lump-sum, discretionary funds, primarily
intended for local projects, are utilized through the
respective participations of the Legislative and
Executive branches of government, including its
members”
43. SC: Pork is unconstitutional
Congressional Pork
- “lump-sum, discretionary fund wherein legislators,
either individually or collectively…are able to
effectively control certain aspects of the fund’s
utilization through various post-enactment
measures and/or practices”
- “the defining feature of all forms of Congressional
Pork Barrel would be the authority of legislators
to participate in the post-enactment phases of
project implementation”
44. Why is congressional pork unconstitutional?
I. Separation of powers
Legislators cannot exercise executive functions
such as project implementation.
II. Non-delegability of legislative power
Legislators cannot individually exercise the
power of appropriation.
45. Why is congressional pork unconstitutional?
III. Checks and balances
Lump sums diminish the item veto power of
president.
They dilute accountability mechanisms (the
conduct of congressional oversight would be
hampered and tainted).
IV. Local Autonomy
Pork diminishes local autonomy and
equitable funding for LGUs.
Legislators can simply bypass local
development councils.
46.
WHERE’S THE NEW
HOUSE PORK?
DOLE = P1.022 billion
DOH = P3.194 billion
DSWD = P4.090 billion
CHED = P4.124 billion
TESDA = P1.022 billion
DPWH = P7.309 billion **
(**Under the new “Menu”, each legislator can “propose” up to five infrastructure
projects; the budget ceiling for each legislator is P24.5 million. Each project
should amount to no less than P2 million. Such projects to local roads and bridges,
classrooms or academic buildings, multipurpose buildings and water supply
systems. All but party-list representatives can propose infrastructure projects only
within their respective districts)
RETAILED PORK or KILO-KILO PORK
47. House Pork
Department Program Amount
DOH Assistance to Indigent Patients 3,193,950,000
DOLE Government Internship Program (GIP)
and Tulong Panghanapbuhay sa Ating
Disadvantaged Workers “TUPAD”
Project
1,022,000,000
TESDA Special Training for Employment
Program
1,022,000,000
DSWD Crisis Intervention Program 4,090,000,000
DPWH Regional and Local Infrastructure
Program
7,309,494,000
CHED Scholarship Program 4,124,200,000
20,761,644,000
48. Allocation per House Member
AGENCY ALLOCATION
DOH 10.5 M
CHED 14.0 M
TESDA 3.5 M
DSWD 14.0 M
DOLE 3.5 M
DPWH 24.5 M
TOTAL 70.0 M
49. House Pork DOH Pork
Special Provision 8. Assistance to Indigent Patients
-“for hospitalization and the grant of assistance to indigent and poor patients”
- “PROVIDED, That the beneficiary shall comply with requirements of DOH and/or
government hospital”
- “PROVIDED, FURTHER, That the DOH shall be allowed to utilize up to one
percent (1%) of the said amount to cover administrative costs”
- “PROVIDED, FURTHERMORE, That the DOH may engage a third party agency,
entity or organization to monitor the implementation of this Program”
- “PROVIDED, FINALLY, That the DOH shall submit a quarterly report on the
utilization of this amount to the DBM, the House Committee on Appropriations
and the Senate Committee on Finance”
- “In no case shall the grant..be delegated and/or transferred to any kind of Civil
Society Organization, whether it be a non-governmental organization or a
people’s organization”
- requirement for posting of several details
- guidelines to be issued by DOH
50. House Pork DOLE Pork
Special Provision 8. Government Internship Program (GIP) and
Tulong Panghanapbuhay sa Ating Disadvantaged Workers “TUPAD”
Project
-“for the payment of stipend of beneficiaries equivalent to seventy five
percent (75%) of the existing minimum wage in the area”
- “for the payment of wages of displaced workers resulting from weather and
regulatory shocks and internal conflict during their short-term employment
under the TUPAD Project”
- compliance of beneficiary with DOLE requirements
- Procurement Act
- 1% for administrative costs
- third party agency, etc. to monitor implementation
-quarterly report
- ban on transfer to CSOs, etc.
- requirement for posting of several details
- DOLE guidelines
51. House Pork
TESDA Pork
Special Provision 4. Special Training for Employment Program
-“for the conduct of community-based specialty training for employment”
- compliance of beneficiary with TESDA requirements
- Procurement Act
- 1% for administrative costs
- third party agency, etc. to monitor implementation
-quarterly report
- ban on transfer to any Educational or Training Foundation, CSOs, etc.
- requirement for posting of several details
- TESDA guidelines
52. House Pork
DSWD Pork
Special Provision 4. Crisis Intervention Program
-“to provide financial assistance to individuals and families in crisis
situations”
- compliance of beneficiary with DSWD requirements. This includes food,
transportation, medical and burial assistance and assistance to students”
- 1% for administrative costs
- third party agency, etc. to monitor implementation
- quarterly report
- ban on transfer to CSOs, etc.
- requirement for posting of several details
- DSWD guidelines
53. House Pork
DPWH Pork
Special Provision 8. Regional and Local Infrastructure Program
- “for the construction and rehabilitation of the following local
infrastructures:
a.) Local Roads and Bridges;
b.) Classrooms and Academic Buildings;
c.) Multi-Purpose Buildings; and
d.) Levels 2 and 3 Water Supply Systems”
- compliance with specifications of DPWH
- Procurement Act
- third party agency, etc. to monitor implementation
- quarterly report
- ban on transfer to CSOs, etc.
- requirement for posting of several details
- DPWH guidelines
54. House Pork
CHED Pork
Special Provision 3. Scholarship Program
- “for the grant of scholarship assistance to deserving students”
- compliance of beneficiary with CHED, and SUC or HEI requirements
- 1% for administrative costs
- third party agency, etc. to monitor implementation
-quarterly report
- ban on transfer to any Educational or Training Foundation, CSOs, etc.
- requirement for posting of several details
- TESDA guidelines
55. Senate
Pork
From L to R:
Alan Cayetano, Pia Cayetano,
Miriam Santiago, JV Ejercito,
Jinggoy Estrada, Lito Lapid,
Ralph Recto, Bong Revilla,
Antonio Trillanes)
Infographic from
GMANews.com
56. Senate PorkSENATOR AGENCY AMOUNT
A. Cayetano Calamity Fund P200 M
P. Cayetano Calamity Fund 200 M
Santiago Calamity Fund 200 M
Ejercito Calamity Fund 200 M
Recto Calamity Fund 200 M
Estrada LGSF: Lla-lo, Cagayan 50 M
LGSF: Caloocan 50 M
LGSF: Manila 100 M
Lapid DPWH 193 M
DOH 5 M
DSWD 2 M
57. Senate PorkSENATOR AGENCY AMOUNT
Revilla DPWH 84.5 M
DOH 75 M
UP System 35 M
Trillanes PNP 7.4 M
Philippine Army 27.95 M
Philippine Navy 22 M
CHED 36.2 M
TESDA 4 M
DOH 102.45 M
TOTAL 1,794.5 M
58. Formal and Informal Practices in
Accessing Congressional Pork
“The Court hereby declares the 2013 PDAF Article all other
PROVISIONS OF LAW which similarly allow legislators to
wield any form of post-enactment authority in the
implementation or enforcement of the budget, unrelated to
congressional oversight, as…unconstitutional. Corollary
thereto, INFORMAL PRACTICES, through which
legislators have effectively intruded into the proper
phases of budget execution, must be deemed as acts of
grave abuse of discretion amounting to lack or excess of
jurisdiction and, hence, accorded the same
unconstitutional treatment.”
- Belgica v. Ochoa
59. Formal and Informal Practices in
Accessing Congressional Pork
FORMAL PRACTICES
- those expressed in laws and implementing rules and
regulations of agencies
60.
61. Formal and Informal Practices in
Accessing Congressional Pork
A portion of the DPWH’s 2014 budget under Local Projects
62. Formal and Informal Practices in
Accessing Congressional Pork
“The Court also observes that this concept of legislator
control underlying the CDF and PDAF conflicts with the
functions of the various Local Development Councils
(LDCs) which are already legally mandated to ‘assist the
corresponding sanggunian in setting the direction of
economic and social development, and coordinating
development efforts within its territorial
jurisdiction’. Considering that LDCs are instrumentalities
whose functions are essentially geared towards managing
local affairs, their programs, policies and resolutions
should not be overridden nor duplicated by individual
legislators, who are national officers that have no law-
making authority except only when acting as a body.”
- Belgica v. Ochoa
63. Implementing
guidelines for
DSWD’s Crisis
Intervention
Program (a portion
of the P
4,090,769,000 added
to DSWD)
This memo was
delivered by DSWD
personnel to the
offices of House
Members.
Formal and Informal Practices in
Accessing Congressional Pork
64. III. Implementing Procedures/Guidelines
3.2 type, kind, and amount of financial assistance
- based on assessment and recommendation of DSWD social workers
and/or other authorized personnel or officials of the Department
3.8 partner agencies (public hospitals and other concerned government
agencies, transport companies, funeral parlors, drugstores/pharmacies,
hospitals, and other service providers, etc.)
3.9 “In no case shall implementation of the AICS be delegated and/or
transferred to any kind of Civil Society Organization, whether it be a non-
governmental organization or a people’s organization.”
- engagement of a third-party agency, entity, or organization for
monitoring allowed
3.10 quarterly report on implementation
III. ADMINISTRATIVE PROCEDURE AND REQUIREMENTS
4.7 Structure and Manpower Requirements
4.7.4 Transfer of Funds to LGUs
Formal and Informal Practices in
Accessing Congressional Pork
65. Formal and Informal Practices in
Accessing Congressional Pork
A portion of the “wish list” circulating among Congressmen/women
72. Draining our funds and
resources
1. DEBT SERVICING—Php 700-800
Billion per year
2. MISPLACED PRIORITIES AND
PROJECTS (PPP AND
PRIVATIZATION)
3. GRAFT AND CORRUPTION
73.
74.
75.
76.
77.
78.
79.
80.
81.
82.
83. Where to rechannel Pork ?
P25.24-B PDAF – Abolish and re-channel to basic
social services and government employees’
salaries.
P132-B Malampaya Fund – Transfer to General
Fund and subject to Congressional appropriation
to fund renewable energy and basic social
services.
P173-B Special Purpose Funds – Itemize in the
budget, re-channel to basic social services.
84. P83.87-B Unprogrammed Fund – Re-channel to
basic social services.
P64.6-B Overall Savings – Return to General
Fund, subject to congressional appropriation.
P12-B Motor Vehicle User’s Fund – Re-channel
to basic social services and subsidy to farmers.
Lump sum appropriations to various
department/agencies – Itemize in the budget and
re-channel to basic social services.
Hinweis der Redaktion
Include yung nilabas procedure kung new safeguards