An Act to Abolish the Pork Barrel System

8/11/2019 An Act to Abolish the Pork Barrel System

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Entitled An Act Abolishing the Pork Barrel System, this Act abolishes the

presidential and congressional pork barrel, mandates line item budgeting,

prohibits and criminalizes appropriation and use of lump sum discretionary

funds, penalizes violators with six years and one day to ten years imprisonment

and disqualification from holding public office.

REPUBLIC OF THE PHILIPPINES

COMMISSION ON ELECTIONS

MANILA

IN RE: A PROPOSAL TO ENACT

A NATIONAL LEGISLATION

ENTITLED AN ACT ABOLISHINGTHE PORK BARREL SYSTEM

THROUGH PEOPLESINITIATIVE,

E.M. Case No. ___

Mary John Mananzan and

Romualdo G. Kintanar and the(total number of signatories)

Petitioners signed hereunder

X - - - - - - - - - - - - - - - - - - - - - - -/

PETITION

PETITIONERS, pursuant to Republic Act No. 6735 and Comelec

Resolution No. 2300, as amended, unto this Honorable Commission on Elections,most respectfully state and aver that:

The Petitioners

1. We, the Petitioners, are _______________ (total number of signatories)

Filipinos and all registered voters of this country who affixed our signatures to thisPetition which, per Certification issued by this Honorable Commissions Election

Records and Statistics Department (ERSD), is equivalent to __ percent (___%) of______________, the total number of registered voters as of the last national

elections, wherein each legislative district is represented by at least three percent(3%) of the total number of registered voters therein. Said Certification is attached

herewith as Annex A.


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2. We voluntarily affixed our signatures to this Petition proposing to enact a

national legislation entitled AN ACT ABOLISHING THE PORK BARREL

SYSTEM through Peoples Initiative under Article VI, Section 32 of the

Philippine Constitution and the Republic Act No. 6735, otherwise known as theInitiative and Referendum Act.

3. We file the above proposition due to the failure of Congress to abolish and

criminalize the patronage and graft-riddled pork barrel system, consistent with

Article II Section 28 of the Philippine Constitution, which provides that TheStateshall maintain honesty and integrity in public service and take positive andeffective measures against graft and corruption.

4. We fully understand the proposition, discussed its rationale, its advantages

and disadvantages, as well as its consequences and effects, as we have read the fulltexts and contents thereof which were likewise clearly explained to us, in our own

dialect or in a language known to us, before we voluntarily affixed our signatureshereto.

5. We, the Petitioners, have duly authorized the:

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Peoples Initiative to Abolish Pork Barrel (PIAP) represented by Mo.

Mary John Mananzan with office address 2560 Leon Guinto St.,Malate, Manila (tel. no. 02-5241524) and Monsignor Romualdo G.

Kintanar with office address Patria de Cebu, P. Burgos St., Cebu City

(tel. no. 032-3180850); and the

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National Union of Peoples Lawyers (NUPL) with office address 3rd

Floor, Erythrina Building, No. 1 Maaralin St, Bgy. Central, QuezonCity (tel. no. 02-9206660)

to represent us, for and in our behalf, to sign any and all pleadings/documents

subsequent and as a consequence hereof, and to do or perform any and all actsnecessary for this Petition to prosper and succeed, before the Commission on

Elections or any proper court or tribunal.

6. We file this Petition on our own behalf with the assistance of our above

duly-authorized representatives, who will represent us, and to whom the processesof the Honorable Commission may be served at their addresses as indicated above.

7. No public funds have been spent for this Petition.


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Cause of Action

8. Petitioners herein propose, as above stated, to enact a national legislation

entitled An Act Abolishing the Pork Barrel Systemthrough Peoples Initiativeunder Article VI, Section 32 of the Philippine Constitution and the Republic Act

No. 6735, otherwise known as the Initiative and Referendum Act.

9. The proposition is based on the Philippine Constitution which provides

that TheState shall maintain honesty and integrity in public service and takepositive and effective measures against graft and corruption.(Section 28, ArticleII, 1987 Constitution), and the Supreme Court decision concerning pork barrel in

Belgica, et al. vs. Ochoa, Jr., et al., G.R. No. 208560 and that concerningDisbursement Acceleration Program in Araullo, et al. vs. Aquino III, et al.,G.R.

No. 209287;

10. The Rationale of the proposition is that a Constitutional or State Policy isa direct mandate from the people. It is an expression of the sovereign will of our

people. It is a direct instruction from the sovereign or the people who ratified theConstitution. As such, the State Policy contained in Article II Section 28 of the

Constitution should not be taken lightly. Much more that now, the presidential andcongressional pork barrel have been exposed and condemned by the Filipino

people as sources of graft and corruption and of patronage politics, and theSupreme Court has struck down the DAP and PDAF as unconstitutional.

11. The full text and content of theproposed AN ACT ABOLISHING

PORK BARREL is hereunder stated as follows:

AN ACTABOLISHING THE PRESIDENTIAL AND CONGRESSIONAL PORK

BARREL SYSTEM, STRENGTHENING THE SYSTEM OF CHECKS AND

BALANCES OVER PUBLIC FUNDS, PROHIBITING CERTAIN

ACTS, AND PROVIDING PENALTIES THEREFOR

SECTION 1. Short Ti tleThis Act shall be known as An Act Abolishing the

Pork Barrel System.

SECTION 2. Declaration of State Policies and Pri nciples. This act is a directexercise of sovereign power by the people of their authority to enact legislation

reserved by the Philippine Constitution.

The sovereign people affirm the need to establish a system of strict accountabilityover the use of public funds to ensure that they are spent solely for functions,
http://sc.judiciary.gov.ph/microsite/pdaf/208560.htmhttp://sc.judiciary.gov.ph/microsite/dap/209287.htmhttp://sc.judiciary.gov.ph/microsite/dap/209287.htmhttp://sc.judiciary.gov.ph/microsite/pdaf/208560.htm


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SECTION 4. General mandatory rules governing appropriations and

disbursement of publi c funds.

(a) All proposed budgets submitted to the Philippines Congress shall contain onlyitemized or line-item appropriations, except appropriations for the purpose of

disaster response, contingency fund of not more than 5% of the budget for aspecific item, and for the intelligence/confidential funds of the National Security

Council (NSC), the Department of National Defense (DND) and the Department of

Interior and Local Government (DILG).

(b) The expenditures from allowable lump sums shall be reported immediately to

Congress by the government agency to which the sum has been appropriated andshall always be subject to a special audit by the Commission on Audit.

(c) All unspent, unreleased, and unobligated funds of any government agency by

the end of the fiscal year shall remain in or revert to the General Fund and shall notthereafter be available for expenditure except by a subsequent appropriation law;

Provided, however, that the President, the President of the Senate, the Speaker ofthe House of Representatives, the Chief Justice of the Supreme Court, and the

heads of Constitutional Commissions may authorize their respective governmentagency or office to use the savings realized by the agency or office from its regular

budget during the fiscal year to augment any existing appropriation item for thesame agency or office under the general appropriations act; Provided, further, that

the augmentation may only be done during the same fiscal year when the savings

were realized; Provided, finally, that the power to realign or use savings may not

be delegated to other public officers.

SECTION 5. Appropr iation of special f unds. Within the fiscal year following theapproval of this Act, a report on the financial status of every account including but

not limited to the Malampaya fund, the Motor Vehicles Users Charges and otheroff-budget items covered by a special law authorizing the continuous disbursement

of funds for a special purpose shall be submitted to Congress. Every fiscal yearthereafter, the President shall submit to Congress a proposed budget for the

disbursement of the special funds in accordance with their purpose as part of theNational Expenditure Program.

SECTION 6. Abolition of the Presidential Social Fund. The share of theGovernment in the aggregate gross earnings of the Philippine Amusement andGaming Corporation provided under Section 12 of Presidential Decree No. 1869 as

amended by Presidential Decree No. 1993 shall henceforth be remitted regularly tothe National Treasury and may be used only pursuant to a valid appropriation made

by law. The discretionary authority of the President granted under the aforesaidSection 12 to use the fund to finance the restoration of damaged or destroyed

facilities due to calamities is hereby revoked.


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SECTION 7. Special Of fenses. The penalty of imprisonment of six (6) years and

one day to ten (10) years and perpetual disqualification from public office shall beimposed on the following persons for committing any of the following acts:

(a) Any national official who authorizes the spending of public money that is not

covered by or is in violation of any appropriation law;

(b) Any national official who, in violation of Section 4 (a), includes a lump sum

amount in any budget proposal submitted to Congress, or any member of Congresswho approves the inclusion of any lump sum amount in the general orsupplemental appropriations acts; Provided, that the appropriation of lump sums

for the purpose of disaster response, a contingency fund of not more than 5% of thebudget for a specific item, and for the intelligence fund of the NSC, DND and

DILG shall not be covered by this prohibition;

(c) Any national official who inserts in an appropriation bill provisions allowingpost-enactment intervention by a member or members of Congress in the

implementation of the appropriation measure;

(d) Any member of Congress, or his agent or representative, who directly orindirectly intervenes or participates in the implementation of any appropriation law

through any post-enactment act or practice, including but not limited toidentification or endorsement of projects, beneficiaries or contractors, or assuming

authority or exercising influence in the release, allocation or realignment of

appropriated funds;

(e) Any national official who declares and utilizes savings outside of the cases

provided in Section 3(e) hereof, or realigns the improperly declared savings;

(f) Any national official who impounds any appropriation or portion thereof byretention, reduction, rescission or deferral or suspension of release of funds, or any

other means, for whatever reason or purpose, unless there is an official declarationby the President of an unmanageable National Government budget deficit.

(g) Any person including a private individual who persuades, induces, influences

or cooperates with any national official in violating any of the provisions of this

Act shall suffer the same penalty.

The above penalties shall be in addition to the criminal, civil and administrative

liabilities that the national official or private individual may incur under existinglaws.


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SECTION 8. Di li gence requi red; presumption. All public officers involved in the

approval, release and disbursement of funds shall exercise extraordinary diligencein the performance of their functions. When an anomalous transaction is duly

proved, the public officer responsible for the approval, release or disbursement offunds shall be presumed to have knowledge of the anomalous transaction.

SECTION 9. Repealing clause. Any law, presidential decree, executive order,

rule or regulation, or any issuance contrary to or inconsistent with the provisions of

this Act, including Section 12 of PD 1869 as amended by PD 1993, is herebyrepealed, modified or amended accordingly.

SECTION. 10. Amendment or r epeal of thi s Act. This Act may only be repealed,modified or amended by a law that has been approved by the people under the

system of initiative and referendum enshrined in the 1987 Constitution.

SECTION 11.Ef fectivi ty Clause. This law shall become effective after fifteen(15) days following the completion of its publication in two newspapers of general

circulation by the Commission on Elections.

Enacted this ____ day of ___________________________, through the system ofPeoples Initiative.

12. The herein proposition embraces only one subject the Pork Barrel

System and its abolition which is not one of the exceptions under Republic Act No.

6735.

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed that this

Honorable Commission, after due consideration and verification, issue an Order:

1. Finding the Petition to be sufficient in form and substance pursuant to thepertinent provisions of Republic Act No. 6735 and the implementing resolutions of

this Commission;

2. Directing the publication of the Petition in Filipino and English at leasttwice in newspapers of general and local circulation; and


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3. Calling a Referendum on a date set by the Commission, to be conducted

under its control and supervision, not earlier than forty-five (45) days but not laterthan ninety (90) days after its Certification on the sufficiency of the Petition, to

allow the Filipino people to express their sovereign will on the proposition.

Petitioners pray for such other reliefs deemed just and equitable in the

premises.

MANILA, PHILIPPINES, __________________.

National Union of Peoples Lawyers3

rdFloor, Erythrina Building,

No. 1 Maaralin Street

Brgy Central, Quezon City

Tel. No. 02-920.6660

By:

_________________________Lawyers Roll No. _________

IBP No. _________________

PTR No. _________________

Admitted to the Bar in ______

MCLE Compliance ________

Email address

_________________________Lawyers Roll No. _________

IBP No. _________________

PTR No. _________________

Admitted to the Bar in ______

MCLE Compliance ________

Email address


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We hereby affix our signatures for this Petition to enact legislation entitled An Act

Abolishing the Pork Barrel System through peoples initiative.

For District/Province/City/Municipality of:

Name Address

Legislative

district Signature

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An Act to Abolish the Pork Barrel System

Documents

Transcript of An Act to Abolish the Pork Barrel System