How do you solve that problem called “errata”?
Now that the Senate has, in the meanwhile, suspended its many investigations (in aid of legislation), and has finally decided to consider the more than P2.6 trillion national budget, which the lower House approved, the solons in the Senate must immediately confront the controversial "errata" consisting of some hundreds of pages that was allegedly inserted by the Budget Department, after the appropriations act was already approved on second reading. It was quite irregular because the insertion was supposedly done after the period of amendments already lapsed.
The small minority comprising the opposition, led by the uncompromising and aggressive Bayan Muna partylist Representative Neric Colmenares, and which includes Congressmen Antonio Tinio of the Alliance of Concerned Teachers, Lito Atienza of Buhay, Jonathan de la Cruz of ABAKADA, and Malabon Representative Toby Tiangco, has questioned how the majority allegedly "railroaded" the approval of the budget in the Lower House. Above all, they voiced a threat to question the legality and even the constitutionality of the manner by which the appropriation act was passed.
The minority took note that officials and personnel of the Department of Budget and Management have allegedly withdrawn hundreds of pages of the Act, and returned the same thereafter with many changes which were not merely clerical but substantive amendments.
While Secretary Butch Abad reportedly assured Congress that the changes were merely corrections of typographical errors, the minority in the House reportedly noted the corrections were indeed substantial. If true such a breach of the legislative process must be looked into and rectified by the Senate if that would still be legally feasible at this point in time.
One of the jugular bones of contention is the definition of "savings," which was apparently included by the ruling party in order to give the president enough flexibility to take away unspent allocated amounts of any agency, even still midway of the current fiscal year. While the purpose may be commendable, if at all, the manner of doing just that would constitute clearly a circumvention of the Supreme Court's declaration of nullity of the PDAF and the hybrid DAP. Thus, the High Tribunal will not look kindly on the ruling party if and when the minority should make good its threat of raising a constitutional issue.
The term "justifiable cause" that may be used by the president to justify any realignment of whatever "savings" there will be, is not based on any objective and verifiable criteria that are germane to the purpose of the law. Thus, it would constitute a subjective judgment and an invalid delegation of legislative power. In effect, the president could practically negate the power of Congress over the budget. The Senate, being composed of more seasoned, more erudite and more learned solons, should therefore find a viable solution to such errata. Failing in which, the High Court again would have another opportunity to tell both Congress and the president the right way to do the right thing for the right reason. Talk of DAANG MATUWID.
- Latest
