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Mr. Greco Belgica : Pork Barrel Petition Presentation
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Mr. Greco Belgica : Pork Barrel Petition Presentation Presentation Transcript

  • 1. 2013 SC Petition to declare the PORK BARREL SYSTEM UNCONSTITUTIONAL
  • 2. 2013 SC Petition to declare the PORK BARREL SYSTEM UNCONSTITUTIONAL Prepared & Presented by: GRECO BELGICA Convernor & Petitioner
  • 3. Biblical Principle :
  • 4. Biblical Principle : Money & Resources should be in the hands of people not Government
  • 5. Biblical Principle : Money & Resources should be in the hands of people not Government Deut. 25:4
  • 6. Biblical Principle : Money & Resources should be in the hands of people not Government Deut. 25:4 1 Tim. 5:18
  • 7. Biblical Principle : Money & Resources should be in the hands of people not Government Deut. 25:4 1 Tim. 5:18 Deut. 25:4 Do not muzzle an ox while it is treading out the grain.
  • 8. Biblical Principle : Money & Resources should be in the hands of people not Government Deut. 25:4 1 Tim. 5:18 Deut. 25:4 Do not muzzle an ox while it is treading out the grain. 1 Tim. 5:18 For the scripture saith, Thou shalt not muzzle the ox that treadeth out the corn. And, The labourer is worthy of his reward.
  • 9. Biblical Principle II:
  • 10. Biblical Principle II: A Limitted Civil Govenment
  • 11. Biblical Principle II: A Limitted Civil Govenment Romans 13:3-4
  • 12. Biblical Principle II: A Limitted Civil Govenment Romans 13:3-4 3 For rulers are not a terror to good works, but to evil. Do you want to be unafraid of the authority? Do what is good, and you will have praise from the same. 4 For he is God’s minister to you for good. But if you do evil, be afraid; for he does not bear the sword in vain; for he is God’s minister, an avenger to execute wrath on him who practices evil.
  • 13. 4 generations ago, our young national heroes wrote the very 1st constitution that reflected their vision of a free nation
  • 14. 4 generations ago, our young national heroes wrote the very 1st constitution that reflected their vision of a free nation 1899 Malolos Constitution,
  • 15. 4 generations ago, our young national heroes wrote the very 1st constitution that reflected their vision of a free nation 1899 Malolos Constitution, Title 5, Art. 52
  • 16. 4 generations ago, our young national heroes wrote the very 1st constitution that reflected their vision of a free nation 1899 Malolos Constitution, Title 5, Art. 52 Any member of the Assembly who accepts from the Government any pension, employment, or office with salary, is understood to have renounced his membership. From this shall be excepted the employment as Secretary of the Govt of the Republic and other offices provided for by special laws.
  • 17. 4 generations ago, our young national heroes wrote the very 1st constitution that reflected their vision of a free nation 1899 Malolos Constitution Title 5, Art. 52 Any member of the Assembly who accepts from the Government any pension, employment, or office with salary, is understood to have renounced his membership. From this shall be excepted the employment as Secretary of the Govt of the Republic and other offices provided for by special laws. This reflects the nation our young heroes envisioned, with a govt that protected society from centralized power and control of resources, by separating the functions of the appropriator and the
  • 18. 4 generations ago, our young national heroes wrote the very 1st constitution that reflected their vision of a free nation 1899 Malolos Constitution, Thus, expressing our heroes desires to honor God through His word and reap the benefits of liberty directly expressed in the constitution they have written.
  • 19. 1987 constitution re-established the principles of the separation of powers and the 3 branches of Govt
  • 20. 1987 constitution re-established the principles of the separation of powers and the 3 branches of Govt Section 1 of Art. 6,7,& 8
  • 21. 1987 constitution re-established the principles of the separation of powers and the 3 branches of Govt Section 1 of Art. 6,7,& 8 ARTICLEVI : THE LEGISLATIVE DEPARTMENT Section 1.The legislative power shall be vested in theCongress
  • 22. 1987 constitution re-established the principles of the separation of powers and the 3 branches of Govt Section 1 of Art. 6,7,& 8 ARTICLEVI : THE LEGISLATIVE DEPARTMENT Section 1.The legislative power shall be vested in theCongress ARTICLEVII : EXECUTIVE DEPARTMENT Section 1.The executive power shall be vested in the President ofthe Philippines.
  • 23. 1987 constitution re-established the principles of the separation of powers and the 3 branches of Govt Section 1 of Art. 6,7,& 8 ARTICLEVI : THE LEGISLATIVE DEPARTMENT Section 1.The legislative power shall be vested in theCongress ARTICLEVII : EXECUTIVE DEPARTMENT Section 1.The executive power shall be vested in the President ofthe Philippines. ARTICLEVIII : JUDICIAL DEPARTMENT Section 1.The judicial power shall be vested in one SupremeCourt...
  • 24. ARTICLEVIII : JUDICIAL DEPARTMENT 1987 Constitution
  • 25. ARTICLEVIII : JUDICIAL DEPARTMENT 1987 Constitution ARTICLEVIII : JUDICIAL DEPARTMENT Section 1.The judicial power shall be vested in one SupremeCourt and in such lowercourts as may be established by law.
  • 26. ARTICLEVIII : JUDICIAL DEPARTMENT 1987 Constitution ARTICLEVIII : JUDICIAL DEPARTMENT Section 1.The judicial power shall be vested in one SupremeCourt and in such lowercourts as may be established by law. Judicial power includes the duty ofthe courts ofjustice to settle actual controversies involving rights which are legally demandable and enforceable, and to determinewhether or notthere has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality ofthe Government
  • 27. WHY IS THE PORK BARREL SYSTEM UNCONSTITUTIONAL? (ISSUES OF THE PETIOTION)
  • 28. WHY IS THE PORK BARREL SYSTEM UNCONSTITUTIONAL? (ISSUES OF THE PETIOTION) THE PORK BARREL SYSTEM IS UNCONSTITUTIONAL. A. THE PORK BARREL SYSTEM VIOLATES SEPARATION OF POWERS BY ALLOWING CONGRESS TO INTRUDE INTO THE EXECUTIVE DOMAIN OF PROJECT IMPLEMENTATION.
  • 29. WHY IS THE PORK BARREL SYSTEM UNCONSTITUTIONAL? (ISSUES OF THE PETIOTION) THE PORK BARREL SYSTEM IS UNCONSTITUTIONAL. B. THE PORK BARREL SYSTEM RENDERS THE EXECUTIVE AND THE LEGISLATIVE BRANCHES PRATICALLY INCAPABLE OF CHECKING EACH OTHER IN BUDGETARY AND OTHER MATTERS, THEREBY OFFENDING THE PRINCIPLE OF CHECKS AND BALANCES.
  • 30. WHY IS THE PORK BARREL SYSTEM UNCONSTITUTIONAL? (ISSUES OF THE PETIOTION) THE PORK BARREL SYSTEM IS UNCONSTITUTIONAL. C. THE PORK BARREL SYSTEM OFFENDS THE ACCOUNTABILITY PROVISIONS OF THE CONSTITUTION BY CONSISTENTLY DEMONSTRATING OVER THE PAST DECADES THAT IT IS IMPERVIOUS TO PRACTICAL CONTROL AND ACCOUNTABILITY MEASURES.
  • 31. WHY IS THE PORK BARREL SYSTEM UNCONSTITUTIONAL? (ISSUES OF THE PETIOTION) THE PORK BARREL SYSTEM IS UNCONSTITUTIONAL. D. THE CONTINUED FUNDING AND IMPLEMENTATION OF THE PORK BARREL SYSTEM AMOUNTS TO ACTS OF GRAVE ABUSE OF DISCRETION.
  • 32. WHY IS THE PORK BARREL SYSTEM UNCONSTITUTIONAL? (ISSUES OF THE PETIOTION) THE PORK BARREL SYSTEM IS UNCONSTITUTIONAL. E. THE PORK BARREL SYSTEM IS A SUPERFLUOUS AND UNNECESSARY MECHANISM THAT OFFENDS THE PROVISIONS OF THE CONSITUTION ON LOCAL AUTONOMY AND THE LOCAL GOVERNMENT CODE.
  • 33. PETITIONERS PRAYER
  • 34. PETITIONERS PRAYER 1. Give due course to the instant Petition;
  • 35. PETITIONERS PRAYER 1. Give due course to the instant Petition; 2. Immediately issue a Temporary Restraining Order and/or Writ of Preliminary Injunction enjoining:
  • 36. PETITIONERS PRAYER
  • 37. PETITIONERS PRAYER Enjoining the: The Executive Secretary, Department of Budget and Management and those acting for and/or under them, from
  • 38. PETITIONERS PRAYER Enjoining the: The Executive Secretary, Department of Budget and Management and those acting for and/or under them, from 1. releasing funds in relation to the Legislature's Priority Development Assistance Fund [or its components the: (1) Priority Development Assistance Fund; and (2) the Various Infrastructures and Local Projects Fund]; the Executive's lump sum, discretionary appropriations in the present General Appropriations Act of 2013 except the Calamity Fund and Contingent Fund; and the Executive's off- budget lump sum, discretionary funds including the Malampaya Fund and the Social Fund;
  • 39. PETITIONERS PRAYER Enjoining the: The Executive Secretary, Department of Budget and Management and those acting for and/or under them, from 2. seeking Congressional approval of the portions of the National Expenditure Program of 2014 pertaining to the “unified” Priority Development Assistance Fund and the Executive's lump sum, discretionary appropriations except the Calamity Fund and Contingent Fund; and
  • 40. PETITIONERS PRAYER Enjoining the: The Executive Secretary, Department of Budget and Management and those acting for and/or under them, from 3. from continuing with any further proceedings relevant to, arising out of or in connection with the same;
  • 41. PETITIONERS PRAYER
  • 42. PETITIONERS PRAYER Enjoining the: The Philippine Senate and the House of Representatives
  • 43. PETITIONERS PRAYER Enjoining the: The Philippine Senate and the House of Representatives from taking up in their deliberations any item relating to the approval of the 2014 National Expenditure Program's items relating to the: “unified” Priority Development Assistance Fund [or its components: (1) Priority Development Assistance Fund; and (2) the Various Infrastructures and Local Projects Fund.]; and the Executive's lump sum, discretionary funds except the Calamity Fund and Contingent Fund; and
  • 44. PETITIONERS PRAYER
  • 45. PETITIONERS PRAYER Enjoining the: The National Treasurer
  • 46. PETITIONERS PRAYER Enjoining the: The National Treasurer from any act that seeks to enforce the
  • 47. PETITIONERS PRAYER Enjoining the: The National Treasurer from any act that seeks to enforce the (a)Priority Development Assistance Fund;
  • 48. PETITIONERS PRAYER Enjoining the: The National Treasurer from any act that seeks to enforce the (a)Priority Development Assistance Fund; (b)the Various Infrastructures and Local Projects Fund;
  • 49. PETITIONERS PRAYER Enjoining the: The National Treasurer from any act that seeks to enforce the (a)Priority Development Assistance Fund; (b)the Various Infrastructures and Local Projects Fund; (c) the Executive's lump sum, discretionary funds except the Calamity Fund and the Contingent Fund, under the General Appropriations Act of 2013 and other laws.
  • 50. PETITIONERS PRAYER
  • 51. PETITIONERS PRAYER After further proceedings, grant the instant Petition:
  • 52. PETITIONERS PRAYER After further proceedings, grant the instant Petition: declaring the (1) the Executive's Lump Sum, Discretionary funds, except the Calamity fund and the Contingent fund; (2) the Priority Development Assistance Fund; and (3) the Various Infrastructures and Local Projects Fund or any other permutation thereof, null and void for being unconstitutional;
  • 53. PETITIONERS PRAYER After further proceedings, grant the instant Petition: declaring the assailed (1) the Executive's Lump Sum, Discretionary funds, except the Calamity fund and the Contingent fund; (2) the Priority Development Assistance Fund; and (3) the Various Infrastructures and Local Projects Fund or any other permutation thereof null and void, for being acts of grave abuse of discretion;
  • 54. PETITIONERS PRAYER After further proceedings, grant the instant Petition: ordering the Executive Secretary, the Department of Budget and Management, the National Treasurer and those acting for and/or under them, to immediately cease any expenditure under (a) the Priority Development Assistance Fund; (b) the Various Infrastructures and Local Projects Fund or any permutation thereof; and (c) the Executive's Lump Sum, Discretionary funds, except the Calamity fund and the Contingent fund; under the General Appropriations Act of 2013 and other laws;
  • 55. PETITIONERS PRAYER After further proceedings, grant the instant Petition: ordering the inclusion in budgetary deliberations with the Congress of all presently off-budget, lump sum, discretionary funds including, but not limited to, proceeds from the Malampaya project or the Malampaya Fund, remittances from the Philippine Amusement and Gaming Corporation and the Philippine Charity Sweepstakes Office or the Executive's Social Fund;
  • 56. PETITIONERS PRAYER
  • 57. PETITIONERS PRAYER Ordering respondents Executive Secretary and/or Department of Budget and Management to:
  • 58. PETITIONERS PRAYER Ordering respondents Executive Secretary and/or Department of Budget and Management to: Release to the Commission on Audit and to the public the complete schedule/list of legislators who have availed of their PDAF and VILP from the years 2003 to 2013, specifying the use of the funds, the project or activity and the recipient entities or individuals, and all pertinent data thereto.
  • 59. PETITIONERS PRAYER Ordering respondents Executive Secretary and/or Department of Budget and Management to: Release to the Commission on Audit and to the public the use of the Executive's Lump Sum, Discretionary funds, including the proceeds from the Malampaya project or the Malampaya Fund, remittances from the Philippine Amusement and Gaming Corporation and the Philippine Charity Sweepstakes Office or the Executive's Social Fund from 2003 to 2013, specifying the use of the funds, the project or activity and the recipient entities or individuals, and all pertinent data thereto.
  • 60. PETITIONERS PRAYER Ordering respondents Executive Secretary and/or Department of Budget and Management to: Henceforth provide detailed reports of the expenditure of all off-budget, lump sum, discretionary funds in the annual National Expenditure Program submitted to Congress.
  • 61. PETITIONERS PRAYER 6. prohibiting all public respondents herein from proposing, allocating, including and approving in any National Expenditure Program, General Appropriations Act or other legislation, the (1) Priority Development Assistance Fund; (2) the Various Infrastructures and Local Projects Fund; (3) the Executive's Lump Sum, Discretionary funds, except the Calamity fund and the Contingent fund; (4) any item, fund or appropriation similar in operation thereto; (5) or any item, fund or appropriation allowing the allocation and disbursement of public funds under the instruction, recommendation or direction of any legislative official or persons acting for and/or under them; and
  • 62. PETITIONERS PRAYERdeclaring the injunction permanent.
  • 63. The PETITIONERS Dr. Butch Belgica, Atty. Joe Malvar Villegas,Atty.Steve Salonga, Atty.Jun Deleon, Hon.Quintin Paredes San Diego, Bishop Jose Gonzales, Reuben Abante, Dr.Jose Socito, Dr.Zaldy Estrera, Dr. Joseph Peraleja, Dr.Oriel Ballano, Dir. Ben Canela, Rev. Eric Vilbar, Rev. Fred Berry, Rev. Aragon, Rev. Vic Mendoza, Greco Belgica
  • 64. PETITIONERS SIGNATORIES Atty. Jose Malvar Villegas, Quintin Paredes San Diego, Bishop Reuben Abante, Bishop Jose Socito, Bishop Jose Gonzalez, Greco Belgica
  • 65. JOIN THE PETITIONERS BE AN ADVOCATE