PDAF : Advisory


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PDAF : Advisory

  1. 1. ~·~ (iJ 11epublic of tbe ~bilippines ~upreme QCourt . Jmanila ENBANC ADVISORY G.R. No. 208566 (Greco Antonious Beda B. Belgica, Jose M. Villegas, Jr., Jose L. Gonzalez, Reuben M. Abante, and Quintin Paredes San Diego v. Honorable Executive Secretary Paquito N. Ochoa, Jr., Secretary of Budget and Management Florencio B. Abad, National Treasurer Rosalia V. De Leon, Senate of the Philippines, represented by Franklin M. Drilon in his capacity as Senate President, and House of Representatives, represented by Feliciano Belmonte, Jr. in his capacity as Speaker of the House); G.R. No. 208493 (Social Justice Society [SJS] President Samson S. Alcantara v. Honorable Franklin M. Drilon, in. his capacity as Senate President, and Honorable Feliciano Belmonte, Jr., in his capacity as Speaker of the House of Representatives); and UDK-14951 (Pedrito M. Nepomuceno, Former Mayor- Boac, Marinduque, Former Provincial Board Member- Province of Marinduque v. President Benigno Simeon C. Aquino III and Secretary Florencio "Butch" Abad, Department ofBudget and Management). x---------------------------------------------------------------------------------------------------------x For the orderly proceeding of the Oral Arguments on the above- captioned consolidated cases scheduled on October 8, 2013, two o'Clock in the afternoon (2:00 p.m.), at the En Bane Session Hall, 2nd Floor, SC Main Building, the parties are required to observe the following: I. Petitioners and respondents shall limit their discussion on the following essential is~ues: A. Procedural issues. 1. Whether or not petitioners have legal standing to sue; 2. Whether or not the issues raised in the petitions are matters ofpolicy not subject to judicial review; 3. Whether or not the issues raised in the petitions involve an actual and justiciable controversy; and
  2. 2. Advisory - 2- G.R. Nos. 208566,208493 & UDK-14951 4 5 4. Whether or not the Court's August 19, 1994 Decision in Philippine Constitution Association (Pl~:b~f1r-!~~ and April 24, 2012 Decision in Lawyers . , _ rlfJ Poverty (LAMP) v. Secretary ofBudget ~, rvtanagemen(;1 HlNJl the re-litigation of the issue of constitu~~~!~tx _.oJ}~e~~/~! barrel system" under the principles of !t...Cif~JkJi!rs:W!t!~~r!!·it judicata. - - .. -- .. . ---- -·- .·-:t•" B. Substantive issues. "Congressional pork barrel" 1. Whether or not the prov1s1ons of Republic Act No. 10352,3 or the General Appropriations Act of 2013, relating to the Priority Development Assistance Fund (PDAF) and Various Infrastructures including Local Projects (VILP) Fund are unconstitutional considering that they: (a) constitute an undue delegation of legislative power; (b) violate the principle of separation ofpowers; (c) impair the system of checks and balances between the legislative and executive branches of government; and (d) violate the accountability provisions of the 1987 Philippine Constitution. "Presidential pork barrel" 2. Whether or not the phrases (a) "and for such other purposes as may be hereafter directed by the President" under Section 8 of Presidential Decree No. 910,4 relating to the Malampaya Funds, and (b) "may also be appropriated and allocated to fund and finance infrastructure and/or socio-civic projects throughout the Philippines as may be directed and authorized by the Office of the President of the Philippines" under Title IV, Section 12 of Presidential Decree No. 1869,5 relating to the President's Social Fund (PSF), are See Philippine Constitution Association v. Enriquez , G.R. Nos. 113105, 113174, 113766, and 113888, August 19, 1994, 235 SCRA 506. See Lawyers Against Monopoly and Poverty (LAMP) v. Secretary of Budget and Management, G.R. No. 164987, April24, 2012,670 SCRA 373. "AN ACT APPROPRIATING fUNDS fOR THE OPERATION OF THE GOVERNMENT OF TilE REPUBLIC OF THE PHILIPPINES fROM JANUARY ONE To DECEMBER TIIIRTY-ONE, TWO THOUSAND AND THIRTEEN, AND FOR OTHER PURPOSES." "CREATING AN ENERGY DEVELOPMENT BOARD, DEFINING ITS POWERS AND FUNCTIONS, PROVIDING FUNDS, THEREFOR, AND fOR OTHER PURPOSES." "CONSOLIDATING AND AMENDING PRESIDENTIAL DECREE NOS. 1067-A, 1067-B, 1067-C, 1399 AND 1632, RELATIVE TO THE fRANCHISE AND POWERS OF THE PHILIPPINE AMUSEMENT AND GAMING CORPORAliON (PAGCOR)."
  3. 3. Advisory - 3- G.R. Nos. 208566, 208493 & UDK-14951 unconstitutional insofar as they constitute undue delegations of legislative power. Partial lifting o[temporary restraining order (TRO) 3. Whether or not the Court's September 10, 2013 TRO relative to the above-captioned cases should be partially lifted, allowing the release of the PDAF only with respect to educational and medical assistance purposes. II. Petitione~s and respondents, through their respective counsels, shall each have thirty (30) minutes to present their arguments on the foregoing issues. III. Counsels for each side are directed to coordinate with each other and, thereafter, submit to the Court a manifestation stating: (a) the name/s ofthe presenting lawyer/s; (b) the specific issue/s to be discussed by the said lawyer/s; and (c) the time allotted for each lawyer, the total of which should not, however, exceed the thirty-minute time limit as stated in item II above. Each side is required to submit its manifestation by October 4, 2013. IV. The interpellations by the Members of the Court shall immediately follow after the presentation of each side. The time allotted for counsels shall be exclusive of the time devoted to the interpellations by the Members ofthe Court. V. In view of the technicality of the issues material to the present consolidated cases, the Solicitor General is directed to bring with him during the Oral Arguments representative/s from the Department of Budget and Management and the Congress of the Philippines who would be able to competently and completely answer questions related to, among others, the budgeting process and its implementation. VI. For the complete resolution of the issues in these consolidated cases, Commission on Audit Chairperson Maria Gracia M. Pulido Tan is hereby appointed as amicus curiae and thereby requested to appear before the Court upon further notice. VII. All other matters not covered by the Oral Arguments shall not, however, be considered as eliminated issues but shall be discussed and argued in the written .memoranda to be requi::ed of the concerned parties. The Members ofthe Court further maintain their right to ask any question on
  4. 4. Advisory - 4- G.R. Nos. 208566,208493 & UDK-14951 any relevant matter necessary for the resolution of the tssues m these consolidated cases. ATTY. EDUARDO V. BRINGAS Cx) Counsel for petitioners Greco Antonious Beda B. Belgica, Jose L. Gonzalez, Reuben M. Abante and Quintin Paredes San Diego Suite 200, 2/Flr. Gil Preciosa Bldg., No. 75 Timog Avenue, Quezon City ATTY. RAYMOND PARSIFAL A. FORTUN (x) RAYMOND FORTUN LAW OFFICES Counsel for petitioner Atty. Jose M. Villegas Jr. · 137 CRM Avenue cor. CRM Marina BF Homes Almanza, Las Pifias City GRECO ANTONIOUS BEDA B. BELGICA, ET AL. (X) Petitioners in G.R. No. 208566 Suite 704 Trinity Building, T.M. Kalaw Ave., Manila SAMSON S. ALCANTARA (X J Petitioner in G.R. No. 208493 Suite 1402, 14th Floor Manila Astral Tower 1330 Taft Ave. cor. P. Faura St. Ennita, Manila PEDRITO M. NEPOMUCENO(X) Petitioner in UDK-14951 No. 1 Sta. Lucia Street Barangay Kapitolyo 1603 Pasig City Metro Manila MARIA GRACIA M. PULIDO TAN (x) Chairperson COMMISSION ON AUDIT Commonwealth Avenue Quezon City 1118 Very truly yours, ENRI-~~WAL ~~:fCourt 't PRESIDENT BENIGNO SIMEON C. AQUINO III {x) Malacafiang Palace J.P. Laurel Street, San Miguel Manila PAQUITO N. OCHOA, JR. (x) Executive Secretary Premiere House Guest Malacafiang Palace Compound J.P. Laurel Street, San Miguel Manila FRANKqN DRILON (x) Senate President SENATE OF THE PHILIPPINES Senate Building, Roxas Boulevard Pasay City FELICIANO BELMONTE, JR. Cx) Speaker of the House HOUSE OF REPRESENTATIVES House of Representatives Comf!lex Batasan Hills, 1126 Quezon City FLORENCIO "BUTCH" ABAD (x) Secretary DEPARTMENT OF BUDGET AND MANAGEMENT Genernl Solano St., San Miguel Manila ROSALIA V. DE LEON (x) National Treasurer BUREAU OF TREASURY Palacio del Gobemador Bldg. Intramuros, Manila The SOLICITOR GENERAL (x) 134 Amorsolo Street Legaspi Village, 1229 Makati City
  5. 5. Advisory Senate Legal Counsel MARIA VALENTINA SANTANA-CRUZ (x) Office ofthe Senate Legal Counsel 41 h Floor Senate Buildng, Roxas Boulevard Pasay City -PtJ13LIC INFORMATION OFFICE (x) JUDICIAL RECORDS OFFICE (x) Supreme Court G.R. Nos. 208566, 208493 & UDK-14951 wmd 10/1/13 (Advisory) - 5- G.R. Nos. 208566,208493 & UDK-14951 I