Youth Act Now Letter to LCSC

8/11/2019 Youth Act Now Letter to LCSC

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September 7, 2014

John Tanchuco

League of College Student Councils

Convener

Youth for Accountability and Truth Now or Youth Act Now is an alliance of

student councils, publications, national youth and student organizations,

community-based youth, young professionals, artists and prominent youth

leaders and personalities who aim for the abolition of the Pork Barrel System.

The pork barrel of the President and the Congress have been exposed and

condemned by the Filipino people as major sources of graft and corruption and of

patronage politics and detrimental to the poor and the Filipino people. It is hightime for the Filipino people to use the extra-ordinary power granted to them by

the Philippine Constitution and to exercise their sovereign power to enact

legislation.

Quoting the Initiative and Referendum Act of 1989:

“Private Citizens can push for the passage or amendment of a law by having a petition

signed by at least 10% of all registered voters and at least 3% in every legislative

district.”

The Act entitled “An Act Abolishing the Pork Barrel System” abolishes the

presidential and congressional pork barrel, mandates line item budgeting

prohibits and criminalizes appropriation and use of lump sum discretionary funds,

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



disqualification from holding public office. A copy of the bill is attached in this

letter.

In this light, Youth Act Now will be launching signing stations in tertiary

education institutions to further extend the participation of college students.Youth Act Now would like to request for a League of College Student Councils

convention to discuss the mechanics of signing, setting-up of signing stations in

every college, and the bill itself on September 11, Thursday, 5:30pm-7:00pm at

the OSA Conference Room.

The date, time, and venue are open for negotiations depending on the

pleasure of the body. For your response or inquiry, please contact the signatory

through the details provided at the bottom of this letter.

Thank you and we are looking forward to your positive response.

(SGD.) Alfe Omaga

(0926) 826 1932

[email protected]

Youth Act Now

UP Manila Convener



REPUBLIC OF THE PHILIPPINES

COMMISSION ON ELECTIONS

MANILA

IN RE: A PROPOSAL TO ENACT

A NATIONAL LEGISLATION

ENTITLED “AN ACT ABOLISHING

THE PORK BARREL SYSTEM”

THROUGH PEOPLE’S INITIATIVE,

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 Commission’s 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 attachedherewith as Annex ―A‖.

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

national legislation entitled “AN ACT ABOLISHING THE PORK BARREL

SYSTEM” through People’s Initiative under Article VI, Section 32 of the

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

―Initiative 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 withArticle II Section 28 of the Philippine Constitution, which provides that “The State shall maintain honesty and integrity in public service and take positive and

effective 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 full

texts and contents thereof which were likewise clearly explained to us, in our owndialect or in a language known to us, before we voluntarily affixed our signatures

hereto.

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

5.1

People’s 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

5.2.

National Union of People’s Lawyers (NUPL) with office address 3rd Floor, Erythrina Building, No. 1 Maaralin St, Bgy. Central, Quezon

City (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 acts



necessary 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.

Cause of Action

8. Petitioners herein propose, as above stated, to enact a national legislationentitled “An Act Abolishing the Pork Barrel System” through People’s Initiative

under 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 “The State shall maintain honesty and integrity in public service and take positive and effective measures against graft and corruption.” (Section 28, Article

II, 1987 Constitution), and the Supreme Court decision concerning pork barrel in

Belgica, et al. vs. Ochoa, Jr., et al., G.R. No. 208560and 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 is

a 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 and

congressional pork barrel have been exposed and condemned by the Filipino people as sources of graft and corruption and of patronage politics, and the

Supreme Court has struck down the DAP and PDAF as unconstitutional.

11. The full text and content of the proposed ―AN ACT ABOLISHING

PORK BARREL‖ is hereunder stated as follows:

http://sc.judiciary.gov.ph/microsite/pdaf/208560.htm

http://sc.judiciary.gov.ph/microsite/dap/209287.htm

http://sc.judiciary.gov.ph/microsite/dap/209287.htm

http://sc.judiciary.gov.ph/microsite/pdaf/208560.htm



AN ACT

ABOLISHING 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 tle —This Act shall be known as ―An Act Abolishing the

Pork Barrel System.‖

SECTION 2. Declaration of State Policies and Principles. – This act is a direct

exercise of sovereign power by the people of their authority to enact legislationreserved 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,

programs, projects and activities that redound to the interest of the people,

especially the poor and marginalized sectors of Philippine society.

Recognizing that the pork barrel system is one of the main sources of graft and

corruption and of patronage politics, the State shall ensure that measures designed

to eliminate the rules and practices of the pork barrel system are in place and thatthe mechanisms of checks and balances are strengthened.

SECTION 3. Definitions. For purposes of this Act, the following terms shall

mean:

(a) Pork Barr el is a lump sum public fund assigned by law, regulation or practicewith sole discretion given to the President, legislator or group of legislators, or any

public officer. The exercise of discretion by public officers relates to the allocation,

release or use of these public funds, the identification or selection of projects,implementors or beneficiaries, or any or a combination of or all of these.

(b) A lump sum appropriation is a single but divisible sum of money which servesas a funding source for unspecified or multiple purposes and leaves the purposes of

the appropriation and their actual amounts for further determination after theenactment of the appropriation law. Said appropriationis not itemized or does not



specify the program, activity or project or implementing government agency for

which it is appropriated, including the allotment class, beneficiaries, and othermatters required to be disclosed by government agencies in their budget estimates

under existing law.

(c) Impoundment is the act of not spending money appropriated by law.

Impoundment may be through rescission or cancellation of the appropriation, ordeferral or suspension of the release of the appropriated funds.

(d) National Offi cial under this Act refers to the President, head of department or

national agency or his/her respective subordinate, agent, or authorized

representative, and any member of Congress.

(e) Savings refers to any available portion or balance in an appropriation item

under the law, which has become free from any obligation or encumbrance as aresult of (i) the completion or final discontinuance as certified by the President orabandonment, due to fortuitous events, of the work, activity or purpose for which

the appropriation is authorized; or (ii) the non-payment of compensation and

related costs as a result of vacancies in positions and leaves of absence without pay; or (iii) the implementation of measures resulting in improved systems and

efficiencies that enabled government agencies to meet and deliver the required or

planned targets, programs and services approved in an appropriation law at a lessercost.

SECTION 4. General mandatory rules governing appropriations and

disbursement of publi c funds.

(a) All proposed budgets submitted to the Philippines Congress shall contain only

itemized 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 of

the House of Representatives, the Chief Justice of the Supreme Court, and theheads of Constitutional Commissions may authorize their respective government

agency 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 the

same agency or office under the general appropriations act; Provided, further , thatthe 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 the

approval of this Act, a report on the financial status of every account including butnot 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 year

thereafter, the President shall submit to Congress a proposed budget for thedisbursement of the special funds in accordance with their purpose as part of the

National Expenditure Program.

SECTION 6. Abolition of the Presidential Social Fund. The share of the

Government in the aggregate gross earnings of the Philippine Amusement and

Gaming Corporation provided under Section 12 of Presidential Decree No. 1869 asamended by Presidential Decree No. 1993 shall henceforth be remitted regularly to

the National Treasury and may be used only pursuant to a valid appropriation made by law. The discretionary authority of the President granted under the aforesaid

Section 12 to use the fund ―to finance‖ the restoration of damaged or destroyed

facilities due to calamities‖ is hereby revoked.

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 be

imposed 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 sumamount in any budget proposal submitted to Congress, or any member of Congress



who approves the inclusion of any lump sum amount in the general or

supplemental appropriations acts; Provided, that the appropriation of lump sumsfor the purpose of disaster response, a contingency fund of not more than 5% of the

budget 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 allowing post-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 or

indirectly intervenes or participates in the implementation of any appropriation lawthrough any post-enactment act or practice, including but not limited to

identification or endorsement of projects, beneficiaries or contractors, or assuming

authority or exercising influence in the release, allocation or realignment ofappropriated 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 by

retention, reduction, rescission or deferral or suspension of release of funds, or anyother means, for whatever reason or purpose, unless there is an official declaration

by 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 thisAct 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.

SECTION 8. Di li gence requi red; presumption. All public officers involved in theapproval, release and disbursement of funds shall exercise extraordinary diligence

in 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 ofthis Act, including Section 12 of PD 1869 as amended by PD 1993, is hereby

repealed, 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 thesystem 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 of

People’s 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 thisHonorable Commission, after due consideration and verification, issue an Order:

1. Finding the Petition to be sufficient in form and substance pursuant to the

pertinent 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 least

twice in newspapers of general and local circulation; and

3. Calling a Referendum on a date set by the Commission, to be conductedunder its control and supervision, not earlier than forty-five (45) days but not later

than 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.



For District/Province/City/Municipality of:

Name Address

Legislative

district Signature

1.

2.

3.

4.

5.

6.

7.

8.

9.

Youth Act Now Letter to LCSC

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