Republic ofthe Philippines
SUPREMECOURTOF11/EPHH.IPPINFS
Padre Faura Street, Ermita
Manila
PEDRllVM. NEPOMUCENO
U
l
:
"
":...
TO/IHROUGH1HESFNATORSANDCONGRFSSMENANDIN
SIEADPDAF BEREJFASED TO 11/ELOCAL GOVERNMENTTO
FUNDPRIORIJYPRQJFLTSIDENIIFIEDAND ...
As a democratic and republican state, power reside in the people and all
government authorities come from them. We reject ...
the pmver to generate money hy taxation (the pmver /()tax) ami the power to
spend it (tlw power to appropriate). 777e powe...
Units;
2. The Legislative Branch may pass the Appropriation Act but they have
no power of identifY projects as this functi...
AND MANAGEMENT (DBM)) FROMIMPLEMNTNING AND IN
RELEASING THE FUNDS TO/THROUGH THE SENATORS AND
CONGRESSMEN AND IN STEAD IT ...
/~/~d?h.~~
ATTY. LUCILA M. LAWAS-YUTOK
Notary Public
686-B Shaw Blvd., Kapitolyo, Pasig City, Tel. No. 492-6473
Until Dece...
Republic ofthe Philippines
SUPREMECOURTOF1HEPIDUPPINES
Padre Faura Street, Ermita
Manila
PEDRliVM. NEPOMUCENO
Former Mayor...
TO/IHROUGH1HESENAWRSANDCONGRFSSMENANDIN
SlE4DPDAF BEKElE4SED TO 11/ELOCAL GOVERNMENTTO
RJNDPRIORI1YPRQJECJSIDENIIFlEDAND A...
As a democratic and republican state, power reside in the people and all
government authorities come from them. We reject ...
rhe JHJII'cr to generate money hy taxation (the power to tax) and the j)(nrer to
spend it (rhe pmver to appropriate). The ...
Units;
2. The Legislative Branch may pass the Appropriation Act but they have
no power of identify projects as this functi...
..l
AND MANAGEMENT (DBM)) FROMIMPLEMNTNING AND IN
RELEASING THE FUNDS TO/THROUGH THE SENATORS AND
CONGRESSMEN AND IN STEAD...
tkL~M·.~~Notary Public
686-B Shaw Blvd., Kapitolyo, Pasig City, Tel. No. 492-6473
Until December 31,2014
PTR No. 8048577, ...
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UDK-14951 Pedrito M. Nepomuceno Vs. President Benigno Simeon C. Aquino III and Secretary Florencio "Butch" Abad

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Transcript of "UDK-14951 Pedrito M. Nepomuceno Vs. President Benigno Simeon C. Aquino III and Secretary Florencio "Butch" Abad"

  1. 1. Republic ofthe Philippines SUPREMECOURTOF11/EPHH.IPPINFS Padre Faura Street, Ermita Manila PEDRllVM. NEPOMUCENO U l : " ":'.r ' 1 '9r.-1·. ·''!·- ..... .. .,{ t... ''t .; "'~'~ ... Former Mayor- Boac, Marinduque Former Provincial Board Member - Province ofMarinduque No. 1 Sta. Lucia Street Barangay Kapitolyo 1603 Pasig City, MM Petitioner, -VERSUS- PRESIDENTBEMGNOSIMEONCAQUINOm Malacanang Palace J.P. Laurel Strreet, San Miguel Manila And SECREIARYH..ORENC/0 "BUIUI"ABAD Department ofBudget and Management Malacanang Palace J P. Laurel Strreet, San Miguel Manila Ref. 2013- _____ Respondents, ~~----------------------------~~ PEIIIIONTODECIARE11/ECONGRFSSIONALPORKBARRFL, OFFICIALY KNOWNAS 11/E "PRIORIJYDEVELOPMENI'ASSISI'ANCEJiUND(PDAF) AS UNCONS1I1UIIONALANDFOR1HEISSUANCEOFACEASEANDDF9ST ORDER TOPRESIDENTBEMGNOSIMEONC AQUINOmANDSECRETARY FLORENCIO "BUIUI''ABADOF1HEDEPARTMENTOFBUDGETAND MANAGEMENI'(DBM)) FROMJMPlEMFJV1INGANDINRFIFASING11/E NJNl15
  2. 2. TO/IHROUGH1HESFNATORSANDCONGRFSSMENANDIN SIEADPDAF BEREJFASED TO 11/ELOCAL GOVERNMENTTO FUNDPRIORIJYPRQJFLTSIDENIIFIEDAND APPROVEDBY1HFIR RESPECIIJEDEVELOPMENFCOUNCJIS, BARANGAY, MUMCIPAL,Cl11ESANDPROVIJVCVJAL, ADOPTEDBY11/EIRRESPECIIJIE SANGGUMANANDASAPPROVEDANDENDORSEDBY1HEREGIONAL JJEVHOPMENFCOUNCILINCONSULTA1ION Wl1HCOJVCERNED DEPARTMEMS, SUCHAS11/EDPWH, DOT, DOH, DOF, D01C, AND 11/E NA1IONALECONOMIC DEJFLOPMENI'AU1HORI1Y(NEDA). PEimONFR The herein Petitioner is a former Mayor ofthe Municipality ofBoac, Province ofMarinduque and aformer Provincial Board Member ofthe Province ofMarinduque and now a private concerned citizen with present address at: No. 1 Sta. Lucia Street, Capita/yo, Pasig City, MM PEIIIION THIS PETITION IS FOR THE DECLARATION OF THE CONGRES~ONALPORKBARREL, OFFICULYKNOWNASTHE "PRIORITY DEVELOPMENTASSISTANCE FUND (PDAF) AS UNCONSTITUTIONAL AND FOR THIS ISSUANCE OF A CEASE AND DESIST ORDER TO PRESIDENT BENIGNO SIMEON C. AQUINO III AND SECRETARY BUTCHABAD OF THE DEPARTMENT OF BUDGET AND MANAGEMENT (DBM)) FROMIMPLEMNTNING AND IN RELEASING THE FUNDS TO/THROUGH THE SENATORS AND CONGRESSMEN AND IN STEAD IT BE RELEASED TO THE LOCAL GOVERNMENT TO FUND PRIORITYPROJECTS IDENTIFIED APPROVED BY THEIR RESPECTIVE DEVELOPMENT COUNCILS, BARANGAY, MUNICIPAL, CITIES AND PROVINCVIAL AND AS IDENTIFIED AND APPROVED BY THEIR RESPECTIVE DVELOPMENT COUNCILS AND ENDORSED BY THE REGIONAL DEVELOPMENT COUNCIL IN CONSULTATION WITH CONCERNED DEPARTMENTS, SUCH AS THE DPWH, DOT, DOH, DOF, DOTC, AND THE NATIONAL ECONOMIC DEVELOPMENTAUTHORITY (NEDA). FACTS Our constitution provides for three(3) branches of government, the Executive, the Legislative and the Judiciary;. These branches ofgovernment were created for the purpose of having "CHECK AND BALANCE" in overnment and they have their own distinctfunction andpurposefor us to e able to realize a government truly responsive to the needs andprotection ifour people.
  3. 3. As a democratic and republican state, power reside in the people and all government authorities come from them. We reject concentration ofpower on one person, as in the Marcos dictatorship, and more, so or even concentration of power in a single group thru monopoly of control over financial control ofgovernment coffers in the guise of what we call now "PRIORITYDEVELOPMENTASSISTANCE FUND OR PDAF. Through a research made we define the three branches ofour government, "each branch being supreme in its own sphere but with constitutional limits and afirm tripod ofchecks and balances, as follows: The E·eculil'e Branch The executive hranch is ht:!aded hy the President, who is elected hy a direct vote of' the people. The term of office of the Pre:·;ident. as well {L',' the Vice- President, is six (6) years. As head ql the Executive Department, the President is the Chief Executive. He represents the government as a whole and sees to it that a/llmvs are eJ?f(wced hy the qfficia/5; and employees (~(his department. He has control over the executive departn1ent, bureaus and offices. This 1neans that he has the authori(l' to assume direct(1' thefzmctions (~( the executive department. bureau and office or inte!fere with the discretion (d. its officials. Corollmy tu the puwer (~l control, the President also has the dll(v ofsupervising the el?(orcernent <?llaws for the maintenance qfgeneral peace and puhlic order. Thus, he is granted administrative power over buremts and offices under his control to enable him to discharge his duties effective(v. The President o:ercises general supervision over all local government units and is also the Conunander-in-Chief(?(the Armed Ff.wces o(the Philippines. Under the existing Presidential fhrm o( government. the exeL:utive and legislative branches are entire(v separate, subfect on(l' 10 the mechanisms of checks and halanees. The Legb.;/atiPe Branch The legislative hranclz. which has the Lmthority to make. alter or repeal laws {see also the de.finition q( "legislative pawer). is the Congress. "Congress is . ~/--)ve.sted wi~h t~Je tremem:o.us poll'e'.· of'the pz.trse. traditim.wlzv recogni~ed in , the constllulmnal provtswn thar no money shall he pmd ol/1 qt the Treosw~v J except in pw·suonce (?(an appropriation made by law. ·It comprehends horh
  4. 4. the pmver to generate money hy taxation (the pmver /()tax) ami the power to spend it (tlw power to appropriate). 777e power to appropriate carries with it the pmver to spec[(v the amount that may he spenr and the purpose for which ir may he spent. Under a bicameral system, the Congress is composed<~( the Senote and rhe Ho1tse <?f.Representotives· The Judiciary Judici(ny power is ·vested in rhe Supreme C'ourt and in such lml'er courts as IJ/(~' he established hy law The judicim:v has the moderating power to determine the proper allocation <?l powers between the hronches of guvernmem. JVhen the '_'judicimy medimes to allocate consritutional houndaries. it does not assert arzv superiority ovt.'r the orher departments,· it dues not in rea/in· nulli(i• or i-nvalidate on oct o( the legislature, hut (JJ7Zl' asserts the solemn and sacred obligation assigned to it hy the Constitution to deterrnine cor!flicting claims of' outhori(l• under the Constitution and to establish jhr the parties in on actual controveny the righrs which tlwt instnnnent secures ond guarantees to them. " in rhe words <~(CI!i<f Jnst i( ,· NtT!Iuro ,. i'unu: The Judicimy may not have the power o(the sword. !n{~1' not have the power o( the purse, hm ir has the po11'er 10 interpret the C'onstitution, am/the Lmcrring le.s·sons of'hi.'{01:1' tell us that right~v H'ielded, that pmver con make a dU!erencejor good. 1Vhile Congress has the power to define, prescribe and upporrion the juris·diction o( the various courts, Congres.'' comwr depriPe the Supremu Court of its jurisdiction provided in rhe ( 'onstitution No lm1· shu// ulso he pa•;sed reor,CJ,anizing thejudicim:l' ll'hen iT undermines the security r~/!emtre of'its memhers. 777L' Supreme Court also has administrative supervision over all courts ond the personnel thereof.' having the pmt•er to discipline or dismiss judges o(/mt•er courts. ISSUE 1. Nowhere in the above mentionedfunctions and authority ofthe Legislative Branch ofour government says that they may identify vroiects and vrovide funds thereofin behalfofthe Local eovernment
  5. 5. Units; 2. The Legislative Branch may pass the Appropriation Act but they have no power of identifY projects as this function is vested in the Executive Branch through the Local Government Units; with PDAF they (Legislative) are encroaching into the territory ofthe Executive Branch ofour Government and this is a violation ofour Constitution; 3. PDAF has been proven to be counter productive as projects are identified by Legislators who are not familiar and knowledgeable with the situation in the LGUs, especially in Congressional District whose Governor does not belong to the same Political Party as the Congressman or Senator; 4. PDAF has become the most abused and misused fimds of all available funds in our government so that we may call it now as "Mother ofall Corruptions"; it has become a suppressive scheme as it was become a tool to divide our leaders and our people rather than a development tool to develop our nation; there is no need to enumerate how the PDAF are abused and misused as we can feel the effect as they are all over, hospitals without equipment and medicine and dilapidated ambulance; fire department without fire engines, ghost reforestation program/project which has caused flooding everywhere "band aid" flood control project, lack ofclassrooms and books, no highway patrol cars (and we can see Congressmen and Senators with their big SUVs); squatters or informal settlers all over with some ofthem being swept away by flood waters; we can go on and on and we can always trace all our miseries back to corruption in government- in particular failure of the PDAF as an economic tool; less corruption means more development and less miseries for our people; 5. What makes my heart bleed more is when I visit Barangays in far flung areas ofour province with no access to potable water and when I watched a TVprogram showing Barangayfolks fetching waterfrom a well located kilometers away from their house, school children walking kilometers n going to school without a slipper on their feet, etc. etc. etc. .......... as ifthey are not part ofour government or they can notfeel the presence oftheir government. PRAYER5 FOR THE HONORABLE SUPREME COURT TO DECLARE THE / ) CONGRESSIONAL POJU( BARREL, OFFICIALYKJV, WN AS THE : ) "PRIORITY DEVELOPMENTASSISTANCE FUND PDAF) AS 1 UNCONSTITUTIONAL AND FOR THEM TO ISSUA!!JC A CEASE AND DESIST ORDER TO PRESIDENT BENIGNO SIMEO AQUINO Ill
  6. 6. AND MANAGEMENT (DBM)) FROMIMPLEMNTNING AND IN RELEASING THE FUNDS TO/THROUGH THE SENATORS AND CONGRESSMEN AND IN STEAD IT BE RELEASED TO THE LOCAL GOVERNMENT TO FUND PRIORITYPROJECTS IDENTIFIED APPROVED BY THEIR RESPECTIVE DEVELOPMENT COUNCILS, BARANGAY, MUNICIPAL, CITIES AND PROVINCVIAL AND AS IDENTIFIED AND APPROVED BY THEIR RESPECTIVE DEVELOPMENT COUNCILS AND ENDORSED BY THE REGIONAL DEVELOPMENT COUNCIL IN CONSULTATION WITH CONCERNED DEPARTMENTS, SUCHAS THE DPWH, DOT, DOH, DOF, DOTC, AND THE NATIONAL ECONOMIC DEVELOPMENTAUTHORITY (NEDA). FOR A CLEAR DELINEATION OF FUNCTION AND BETTER IMPLEMENT/ON OF GOVERNMENT PROJECTS LET US CONFINE THE SENATE AND HOUSE OF REPRENTATIVES TO THEIR LEGISLATIVE FUNCTIONS AND MOST IMPORTANTLY REMOVE THE QUAGMIRE OF CORRUPTION BROUGHT ABOUT BY PDAF IN THE LEGISLATIVE BRANCH OF OUR GOVERNMENT In closing may I inform you that I am not a Lawyer and I ask for your indulgence and leniency so that ifthere areflaws in the preparation ofthis Petition. I respectfully ask the Honorable Members ofthe Supreme Court of the Philippines that they consider the merits ofthis Petition and to think of the welfare ofourpeople. You may dismiss this Petition outright and I will respect it, but please decide base on merits of the case and not on technicalities and let us show that we don 't need lawyers to air our grievances thru our courts and that let us give true meaning that as a democratic and republican state,· power reside in the people and all government authorities comefrom them. IN WITNESS WHEREOF, I have hereunto affixed my signature this th day of August, 2013 at Pasig City, Metropolitan Manila, Philippines. '1 '~ 1)~ -b..~G (w SUBSCRIBED AND SWORN TO before me tim_ day ofAugust 2013 with Petitioner exhibiting his Community Tax Certificate Number 01262138 issued on March 04, 2013 issued in Mandaluyong City and Land Transportation Office Professional Driver's License No. D0375001528, that he is the same person who personally signed before me theforegoing
  7. 7. /~/~d?h.~~ ATTY. LUCILA M. LAWAS-YUTOK Notary Public 686-B Shaw Blvd., Kapitolyo, Pasig City, Tel. No. 492-6473 Until December 31,2014 PTR No. 8048577, Issued on 01-04-13, Pasig city IBP No. 908219 Issued on 12-06-12, Pasig City TIN 162-942-995-000 IBP Roll No. 28494 MCLE Compliance No. 1-0006299 Appointment No. 42 (2013-2014) Renewal 7
  8. 8. Republic ofthe Philippines SUPREMECOURTOF1HEPIDUPPINES Padre Faura Street, Ermita Manila PEDRliVM. NEPOMUCENO Former Mayor- Boac, Marinduque Former Provincial Board Member -Province ofMarinduque No. 1 Sta. Lucia Street Barangay Kapitolyo 1603 Pasig City, MM Petitioner, -~ -VERSUS- Ref. 201l-____ PRFSIDENTBEMGNOSIMEONCAQUINOm Malacanang Palace J. P. Laurel Strreet, San Miguel Manila And SECREIARYFLORENC/0 "BU1Ul"ABAD Department ofBudget and Management Malacanang Palace J. P. Laurel Strreet, San Miguel Manila Respondents, ~-------------------------------x I PEIIIIONTODEaARE1HECONGREWONALPORKBARRH, OFFlCIALY KNOWNAS1HE 'PRIORI1YDEVFLOPMENrASSISTANCEFUND (PDAF) AS UNCONS1TlU110NALANDFOR IHEISSUANCEOFA CEASEANDDFSTST ORDERTOPRFSIDENTBEMGNOSIMEONCAQUINOmANDSECREIARY FLORElVCIO"BU1Ul"ABADOF1HEDEPARTMENI'OFBUDGErAND MANAGEMENI'(DBM)) FROMIMPIEMF1V1INGANDINREfEASING11/E FCJJVm
  9. 9. TO/IHROUGH1HESENAWRSANDCONGRFSSMENANDIN SlE4DPDAF BEKElE4SED TO 11/ELOCAL GOVERNMENTTO RJNDPRIORI1YPRQJECJSIDENIIFlEDAND APPROVEDBY11/FJR ~DEVELOPMENI'COUNCllS, BARANGAY, MUNICIPAL,01JESANDPROVINCVIAL,ADOP1EDBY1HEIR~ SANGGUMANANDASAPPROVEDANDENDORSEDBY1HEREGIONAL JJEVHOPMENI'COUNCJLINCONSULTA1ION Wl1HCONCERNED DEPARTMENIS, SUCHAS11/EDPWH, DOT, DOH, DOF, DOTC, AND 1HE NAIIONALECONOMIC DEVFLOPMENI'AU1HORI1Y(NEDA). PElTIIONFR The herein Petitioner is aformer Mayor ofthe Municipality ofBoac, Province ofMarinduque and a former Provincial Board Member ofthe Province ofMarinduque and now a private concerned citizen with present address at: No. 1 Sta. Lucia Street, Capita/yo, Pasig City, MM PElTIION THIS PETITION IS FOR THE DECLARATION OF THE CONGRES~ONALPORKBARREL, OFFICULYKNOWNASTHE "PRIORITY DEVELOPMENTASSISTANCE FUND (PDAF) AS UNCONSTITUTIONAL AND FOR TH£5 ISSUANCE OF A CEASE AND DESIST ORDER TO PRESIDENT BENIGNO SIMEON C. AQUINO III AND SECRETARY BUTCHABAD OF THE DEPARTMENT OF BUDGET AND MANAGEMENT (DBM)) FROMIMPLEMNTNING AND IN RELEASING THE FUNDS TO/THROUGH TilE SENATORS AND CONGRESSMEN AND IN STEAD IT BE RELEASED TO THE LOCAL GOVERNMENT TO FUND PRIORITYPROJECTS IDENTIFIED APPROVED BY THEIR RESPECTIVE DEVELOPMENT COUNCILS, BARANGAY, MUNICIPAL, CITIES AND PROVINCVIAL AND AS IDENTIFIED AND APPROVED BY THEIR RESPECTIVE DVELOPMENT COUNCILS AND ENDORSED BY THE REGIONAL DEVELOPMENT COUNCIL IN CONSULTATION WITH CONCERNED DEPARTMENTS, SUCH AS THE DPWH, DOT, DOH, DOF, DOTC, AND THE NATIONAL ECONOMIC DEVELOPMENTAUTHORITY (NEDA). FACTS Our constitution provides for three(3) branches of government, the Executive, the Legislative and the Judicimy. These branches ofgovernment were created for the purpose of having "CHECK AND BALANCE" in government and they have their own distinct function andpurposefor us to be able to realize a government truly responsive to the needs and protection ofour people.
  10. 10. As a democratic and republican state, power reside in the people and all government authorities come from them. We reject concentration ofpower on one person, as in the Marcos dictatorship, and more, so or even concentration of power in a single group thru monopoly of control over financial control of government coffers in the guise of what we call now "PRIORITYDEVELOPMENT ASSISTANCE FUND OR PDAF. Through a research made we define the three branches ofour government, "each branch being supreme in its own sphere but with constitutional limits and afirm tripod ofchecks ond balances. as follows: 11Je Erecutive Branch The e.Yecwive branch is heoded hy the President. 1rlw is elected In· u direcl vOle o/the people. The term of o/fic·e o( !hi.! President. os well us rhe 1'ice- President. is six (6) yeurs. As hem/ of rhe EYecwh·e Depunmellf, the President is the Chief' r:xecutive. He represents the gm·ermnent OS ([ lriw/e ond see:.; to ir that all laws ure Cl?thrced hy the oj/icials and cmploye<:'s of his dcJhlrtmcm. flu has control over the cxucutive deportment. bureaus and otfh·es. This means rhut hi.! has the uwhorit' to ussumc direc1h· thc•.filllcTions o( the ~.:xecutil•c departmelll. bureau and of/ice or inlertere H'it/1 the discretion of its t!f/lciols. Coro/lm:' to the power of control, rhe Prl..!sidcnr ulso has rhe dll(' (?f.'>'lfj)t'ITising the elttorccmcnl u(luws j(w rile nwimenonn: o/r!,eneral peace and puh/ic order. Thus. he is grumed odminisrrarive power m·er hureaus uml oflices under his colllrol to cnuh/c him to disc/wn!,e his dwies effectiveh ·.' ! • ~ • The Presiclem exercises general supervision over u/1 loud gm'<:'nzment units und is also rhe CummandcT-in-Chie(of rhe Armed Foret.:.' o(rhe Philir>pines. l/nder the exisTing Presidenliol thrill ut goFcrnntent. the e.recuth·e und legislative brunches ore enlire~' sepurU!e. s11hject on~' to rhe meclwnisms of checks and hu/anc·es. 11te LeJ.:islalh'e Branch lhe leg,islmivc hranch. 1rhich hus !he awhori(l' to mukc. ulter or l'i.:.'J'I.!o! /mrs (see also the definition of ../egislotive pmFer). is rlze Congress...Congress· is vested ll'ilh the tremendous pmrer <?fthe ;mrse. truditionolf1' recognized in rhe constitllfionul provision thor ·no nwm:1' shu// he JHtid our r!l tlh) Treosl!l:r except in pursuance o/(117 uppropriation mode h.' law ·it comprehends hoth
  11. 11. rhe JHJII'cr to generate money hy taxation (the power to tax) and the j)(nrer to spend it (rhe pmver to appropriate). The power to appropriate carries with it the pmrer to spec{f.i• the amount that may he spent and the purposefhr ll'hich ir may hi! spenr. Under a hicameral system, the Congress is composed (d' the Senate und the House (?(Representatives 171e Judicim:r .Judicicny pol'er is vestt.!d in rhe Supreme Court ond in such lower courts as 1110.' he esrohlisht!d hy law The judichny hos rhe moderolin.l.!, pml'er to dercrminc rhc JJropcr ollocation o( pmt•crs hetll'een the hnmdu's o( governmem. IVhcn rhe 'judiciw~' mediates 10 allocme consritutimwl houndarie.•;, ir does not asserT any superiori~v over the other depurrmems: it does not in reali~v lllllli6• or invalidate an ocr o( the legislmurt_', hur on(' asserts the so/eiJ/11 and sacred oh/igotiun assigned ro it h' the Consrirution ro determine cm?flicting claims r~( ourhori(' under the Constitution and ro establish }or the parries in 011 acrua/ controveny 1hc rig/us which that instrument secures and guarantees to them. ·· In the words olt lild .Jusli< ·~ · il'('lnuro . i'uuu: The JudicimT may not hoPe the eower o(the sl!'ord, ma.' not have rhe power of' the purse. hut it has the power to interprer the Constitution. and the unerring lessons of'histm:' tell us that righrly wielded, rhat power con make o d[j/Crence.fur good. H'hile Congress has rhe pmrer to define. prcscrihe and opt>orTiun rhe jurisdiction r~( the various courts. Congress comwr deprive the Supreme C'ourf o( its jurisdiction providi!d in the Constitution ,Vo lull' sholl also he j){{ssed reorganizing thejudicim:l' ll'hcn it undermines the sccurif.1' of tenure o(its memhers. The S'upreme Court also /ws odministrarivc supervision over all courrs ond the personnel thereof." ho1'ing the pml'er ru discipline or dismiss judges o(lower courts. ISSUE 1. Nowhere in the above mentionedfunctions and authority ofthe Legislative Branch ofour government says that they may identify
  12. 12. Units; 2. The Legislative Branch may pass the Appropriation Act but they have no power of identify projects as this function is vested in the Executive Branch through the Local Government Units; with PDAF they (Legislative) are encroaching into the territory ofthe Executive Branch ofour Government and this is a violation ofour Constitution; 3. PDAF has been proven to be counter productive as projects are identified by Legislators who are not familiar and knowledgeable with the situation in the LGUs, especially in Congressional District whose Governor does not belong to the same Political Party as the Congressman or Senator; 4. PDAF has become the most abused and misused funds of all available funds in our government so that we may call it now as "Mother ofall Corruptions"; it has become a suppressive scheme as it was become a tool to divide our leaders and our people rather than a development tool to develop our nation; there is no need to enumerate how the PDAF are abused and misused as we can feel the effect as they are all over, hospitals without equipment and medicine and dilapidated ambulance; fire department without fire engines, ghost reforestation program/project which has caused flooding everywhere "band aid" flood control project, lack ofclassrooms and books, no highway patrol cars (and we can see Congressmen and Senators with their big SUVs); squatters or informal settlers all over with some ofthem being swept away by flood waters; we can go on and on and we can always trace all our miseries back to corruption in government - in particular failure of the PDAF as an economic tool; less corruption means more development and less miseries for our people; 5. What makes my heart bleed more is when I visit Barangays in far flung areas ofour province with no access to potable water and when I watched a TVprogram showing Barangayfolks fetching waterfrom a ·well located kilometers away from their house, school children walking kilometers n going to school without a slipper on their feet, etc. etc. etc. .......... as ifthey are not part ofour government or they can notfeel the presence oftheir government. PRAYERS FOR THE HONORABLE SUPREME COURT TO DECLARE THE CONGRESSIONAL PORK BARREL, OFFICIALYKNOWN AS THE "PRIORITY DEVELOPMENTASSISTANCE FUND (PDAF) AS UNCONSTITUTIONAL AND FOR THEM TO ISSUANf;E A CEASE AND DESIST ORDER TO PRESIDENTBENIGNO SIMEON C. AQUINO III
  13. 13. ..l AND MANAGEMENT (DBM)) FROMIMPLEMNTNING AND IN RELEASING THE FUNDS TO/THROUGH THE SENATORS AND CONGRESSMEN AND IN STEAD IT BE RELEASED TO THE LOCAL GOVERNMENT TO FUND PRIORITYPROJECTS IDENTIFIED APPROVED BY THEIR RESPECTIVE DEVELOPMENT COUNCILS, BARANGAY, MUNICIPAL,CITIES ANDPROVINCVIALANDAS IDENTIFIED AND APPROVED BY THEIR RESPECTIVE DVELOPMENT COUNCILS AND ENDORSED BY 1HE REGIONAL DEVELOPMENT COUNCIL IN CONSULTATION WITH CONCERNED DEPARTMENTS, SUCHAS THE DPWH, DOT, DOH, DOF, DOTC, AND THE NATIONAL ECONOMIC DEVELOPMENTAUTHORITY (NEDA). FOR A CLEAR DELINEATION OF FUNCTION AND BETTER IMPLEMENT/ON OF GOVERNMENT PROJECTS LET US CONFINE THE SENATE AND HOUSE OF REPRENTATIVES TO THEIR LEGISLATIVE FUNCTIONS AND MOST IMPORTANTLY REMOVE THE QUAGMIRE OF CORRUPTION BROUGHT ABOUT BY PDAF IN THE LEGISLATIVE BRANCH OF OUR GOVERNMENT In closing may I inform you that I am not a Lawyer and I ask for your indulgence and leniency so that ifthere are flaws in the preparation ofthis Petition. I respectfidly ask the Honorable Members ofthe Supreme Court of the Philippines that they consider the merits ofthis Petition and to think of the welfare ofour people. You may dismiss this Petition outright and I will respect it, but please decide base on merits of the case and not on technicalities and let us show that we don't need lawyers to air our grievances thru our courts and that let us give true meaning that as a democratic and republican state, power reside in the people and all government authorities comefrom them. IN WITNESS WHEREOF, I have hereunto affixed my signature this th day of August, 2013 at Pasig City, Metropolitan Manila, Philippines. CENO SUBSCRIBED AND SWORN TO before mtp«jij 2- 3lW~fAugust 2013 with Petitioner exhibiting his Community Tax Certificate Number 01262138 issued on March 04, 2013 issued in Mandaluyong City and Land Transportation Office Professional Driver's License No. D037500/528, that he is the same person who personally signed before me theforegoing
  14. 14. tkL~M·.~~Notary Public 686-B Shaw Blvd., Kapitolyo, Pasig City, Tel. No. 492-6473 Until December 31,2014 PTR No. 8048577, Issued on 01-04-13, Pasig city IBP No. 908219 Issued on 12-06-12, Pasig City TIN 162-942-995-000 Doc. No.~~Page No. t , BookNo. " flj Series of 2013 IBP Roll No. 28494 MCLE Compliance No. 1-0006299 Appointment No. 42 (2013-2014) Renewal 7

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