TRO on PDAF stays; COA to join oral arguments

 MANILA, Philippines - The temporary restraining order (TRO) on the use of the remaining P24.79-billion Priority Development Assistance Fund (PDAF) in this year’s national budget remains in effect after the Supreme Court (SC) decided yesterday to defer ruling on the government’s petition to partially lift the TRO.  

SC justices decided to include the petition of the Office of the Solicitor General (OSG) in oral arguments on the consolidated petitions on Tuesday, Oct. 8.

The PDAF includes the funds allotted for scholarship and medical assistance programs.

Commenting on the petitions of former senatorial candidate Greco Belgica and former Boac, Marinduque mayor Pedrito Nepomuceno, the OSG asked the SC to partially lift the TRO for “humanitarian considerations.”

In his reply yesterday morning, Belgica said Malacañang could always tap other funds to proceed with the assistance programs for indigent students and patients.

“The Honorable Court’s TRO does not bind public respondents’ hands from performing such other acts to assist the plight of these student and indigent patients,” read Belgica’s reply.     

“The President can also realign funds from savings to augment other items of appropriations of the appropriate implementing agencies intended for such scholars and indigent patients.”

The SC also invited audit head Grace Pulido-Tan as amicus curiae (friend of the court) or resource person.

The OSG was directed to bring representatives from the Department of Budget and Management and Congress “who would be able to competently and completely answer questions related to, among others, the budgeting process and its implementation.”

In its guidelines, the SC summarized the debate into two main substantive issues: whether the provisions of Republic Act 10352 (General Appropriations Act of 2013) relating to the PDAF are constitutional and whether the phrase “and for such other purposes as may be hereafter directed by the President under Section 8 of President Decree No. 910, relating to the Malampaya Funds...” is unconstitutional.

Petitioners said the system on discretionary funds of both Congress and Malacañang “violates the constitutional limits given to the executive and the legislative because they are able to spend money beyond what is approved by Congress since these are lump sum funds.”   

The OSG said the SC has already upheld the constitutionality of the PDAF system in previous cases.

“A decision of the Honorable Court may preempt the efforts of the President and Congress, and a judicial solution may inadvertently limit a more progressive solution,” the OSG said.

At the House of Representatives,  Bayan Muna Rep. Neri Colmenares admitted yesterday to receiving P10 million in additional funds in 2012 from the Department of Budget and Management (DBM).         

“I did not receive any SARO (special allotment release order) from DAP (Disbursement Acceleration Program),” he said. “I received additional P10 million SARO under ‘continuing appropriation’ in April 2012 four months after former chief justice Renato Corona was impeached (by the House of Representatives in December 2011).”          

SARO is a DBM document evidencing that funds are available for certain projects. “Continuing appropriation” is a term for carry-over balances of the previous year’s items in the national budget.         

The PDAF used to have a life of two years. It is now good only for one year.         

The DAP came to light when the DBM admitted releasing at least P50 million in additional funds to senators and P10 million to P15 million to House members late last year until early this year supposedly to accelerate economic spending.         

The DBM website shows that last year, Bayan Muna received P124.775 million in PDAF, of which P108.9 million was continuing appropriation (2011 balance) and P15.875 million was for 2012.         

Of the P124.775 million, P69.775 million was allocated to Colmenares and P55 million to Bayan Muna colleague Teddy Casiño.         

This year, the DBM has made available a total of P95.725 million to Bayan Muna. Of that amount, P83.350 million is continuing appropriation, while P10.375 million is part of Bayan Muna’s PDAF for this year.         

Of the P95.725 million, P50.375 million was allocated to Colmenares and P45.350 million to Casiño, who lost in his senatorial run in last May’s elections. 

From pork to health

In Negros Occidental, Rep. Alfredo Benitez said the Department of Health (DOH) is going to help fund the Negros Occidental Comprehensive Health Program (NOCHP), with the imminent abolition of the PDAF next year. 

Benitez said he had a talk with Health Secretary Enrique Ona, who offered to give assistance to the funding requirements of NOCHP, particularly to ensure its PhilHealth program.

Ona had asked for NOCHP documents to see how DOH could help the program, he added.

Negros Occidental Gov. Alfredo Marañon Jr. said two weeks ago that the NOCHP is expected to suffer gravely with the abolition of the PDAF.

NOCHP currently provides health insurance to at least 500,000 indigent Negrenses.

Funds of NOCHP come mainly from the PDAF of six Negros Occidental lawmakers. Each lawmaker allocates P10 million from his PDAF for NOCHP every year, or P60 million annually.

NOCHP has been proven to be  effective and efficient  in helping indigent Negrenses with their medical needs, Benitez said. 

Real projects

In Oriental Mindoro, Rep. Reynaldo Umali has admitted receiving P25 million from a non-government organization identified with Janet Lim-Napoles.

However, Umali said funds have been spent on “actual” projects and were “honestly and truly delivered” to his constituents.  

Only 15 percent of the P10-million allocation for a special project of the Department of Agriculture was released and charged to the DA’s Priority Development Fund (PDF), not on his PDAF, he added. – With Jess Diaz, Danny Dangcalan, Juancho Mahusay