Bayan Muna takes ‘BongBong’s pork barrel’ to court

Out of Congress but not out of the fight, Bayan Muna (BM) took the executive and legislative branches to court last week, challenging the constitutionality of the Ferdinand Marcos Jr. government’s “un-programmed funds” (UF).

BM chairperson Neri Colmenares and former fellow legislators Teddy Casino, Carlos Zarate and Ferdinand Gaite filed a Petition of Certiorari before the Supreme Court (SC) last Friday to stop the ongoing expenditure of UF in the current 2024 national budget.

BM named as respondents Executive Secretary Lucas Bersamin as Marcos Jr.’s representative, the Senate President and the Speaker of the House of Representatives as respondents in the petition.

The petitioners question the constitutionality of three government actions: the presidential certification of urgency, the power of the bicameral conference committee (BCC) to insert items in the budget, and the resulting congressional increase in the budget submitted by the President.

In their submission, BM said:

• The President certified as urgent the 2024 national budget despite absence of urgency, in violation of the Art. VI, Sec. 22 of the Constitution which requires laws to undergo full legislative process and scrutiny before approval, unless “there is a public emergency and calamity.” This Presidential power has been regularly abused to short cut legislative processes by the mere expediency of an emergency certification, thereby preventing the full deliberations and scrutiny of a bill in three readings. 
• Congress, through the Bicameral Conference Committee (BCC), increased the appropriations of the 2024 Unprogrammed Appropriations (UA) or unprogrammed funds to an amount more than that proposed by the President. Under Art. VI and VII of the Constitution, Congress cannot increase the amount of appropriation recommended by the President. The unprogrammed funds of Php 281 B was increased to Php 731 B. It also increased the total National Expenditure Program submitted by the President by Php 449.5 Billion. The increase becomes more insidious not only because it is reserved for pork barrel projects, but also increases our national debt and budget deficit, making it a monster pork barrel.
• The Petition also questions the abuse of power by the so called “Bicameral Conference Committee” (BCC) which inserts provisions not contained in approved bills. The BCC arrogated unto itself the power to increase the UA to an amount more than what the Executive and Congress approved, respectively. The BCC acted as a powerful “Third Chamber” that can insert items not found in the 2024 General Appropriations Bill approved by both Houses of Congress on “Third Reading”.  The BCC also surreptitiously inserted a “fourth trigger” to make access to the UA easier through the transfer of the “fund balance of GOCCs (government-owned and controlled corporations” reserves to the UA, as exemplified by the diversion of PhilHealth Funds to amorphous UA projects.

The petitioners are asking that the SC declare such actions as “unconstitutional” and “void.”

The approved UF in the 2024 General Appropriations Act is worth P731.45 billion, a substantial increase from the original request of P449.54 billion.

House Speaker Ferdinand Martin Romualdez has justified the UF as “standby funds” that the government may use when “unanticipated situations” arise.

It may also be used to augment government’s social programs, the presidential cousin said.

BM however said it UF is being abused and is prone to corruption, similar to how the euphemistic Priority Development Assistance Fund have been misused in previous administrations.

BM also seeks the voidance of the transfer of funds from GOCCs to the UA and a stop to the diversion of PhilHealth funds to UA projects.  

The party also asked the high court to issue parameters defining the “much-abused” presidential power to certify bills as urgent.

It asked as well the prohibition of the “unrestricted powers” of the BCC to insert provisions not found in the approved bill and require that any amendment must undergo full deliberations and allow members of Congress, especially the opposition, to scrutinize and question said amendments.

BM has said it aims to reclaim its seats at the House of Representatives in the 2025 national elections.

Meanwhile, BM’s Makabayan allies in Congress such as ACT Teachers’ Party, GABRIELA Women’s Party, and Kabataan Youth Party, have been instrumental in the investigations of confidential and intelligence fund “misuse” by the Office of the Vice President as well as in the Department of Education when Sara was still its agency head. # (Raymund B. Villanueva)