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Belgica Case: Pork Barrel Constitutionality

This case concerns the constitutionality of the Philippine pork barrel system. It summarizes the history of pork barrel funds being allocated annually through the national budget since 1922. It describes how the funds are allocated to individual legislators and cabinet members for infrastructure and community projects. In 2013, a scandal was exposed involving billions of pesos in pork barrel funds being funneled through fake NGOs into bogus projects. As a result of this scandal, petitions were filed challenging the constitutionality of the congressional and presidential pork barrel systems. The Supreme Court ultimately ruled the congressional pork barrel system unconstitutional for violating separation of powers and other principles.

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9 views1 page

Belgica Case: Pork Barrel Constitutionality

This case concerns the constitutionality of the Philippine pork barrel system. It summarizes the history of pork barrel funds being allocated annually through the national budget since 1922. It describes how the funds are allocated to individual legislators and cabinet members for infrastructure and community projects. In 2013, a scandal was exposed involving billions of pesos in pork barrel funds being funneled through fake NGOs into bogus projects. As a result of this scandal, petitions were filed challenging the constitutionality of the congressional and presidential pork barrel systems. The Supreme Court ultimately ruled the congressional pork barrel system unconstitutional for violating separation of powers and other principles.

Uploaded by

Crystal Sanchez
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

Belgica v executive secretary

This case is consolidated with G.R. No. 208493 and G.R. No. 209251.
The so-called pork barrel system has been around in the Philippines since about 1922. Pork Barrel is commonly
known as the lump-sum, discretionary funds of the members of the Congress. It underwent several legal
designations from Congressional Pork Barrel to the latest Priority Development Assistance Fund or PDAF. The
allocation for the pork barrel is integrated in the annual General Appropriations Act (GAA).
Since 2011, the allocation of the PDAF has been done in the following manner:
a. P70 million: for each member of the lower house; broken down to P40 million for hard projects
(infrastructure projects like roads, buildings, schools, etc.), and P30 million for soft projects (scholarship grants,
medical assistance, livelihood programs, IT development, etc.);
b. P200 million: for each senator; broken down to P100 million for hard projects, P100 million for soft projects;
c. P200 million: for the Vice-President; broken down to P100 million for hard projects, P100 million for soft
projects.
The PDAF articles in the GAA do provide for realignment of funds whereby certain cabinet members may request
for the realignment of funds into their department provided that the request for realignment is approved or concurred
by the legislator concerned.
Presidential Pork Barrel
The president does have his own source of fund albeit not included in the GAA. The so-called presidential pork
barrel comes from two sources: (a) the Malampaya Funds, from the Malampaya Gas Project this has been around
since 1976, and (b) the Presidential Social Fund which is derived from the earnings of PAGCOR this has been
around since about 1983.
Pork Barrel Scam Controversy
Ever since, the pork barrel system has been besieged by allegations of corruption. In July 2013, six whistle blowers,
headed by Benhur Luy, exposed that for the last decade, the corruption in the pork barrel system had been facilitated
by Janet Lim Napoles. Napoles had been helping lawmakers in funneling their pork barrel funds into about 20 bogus
NGOs (non-government organizations) which would make it appear that government funds are being used in legit
existing projects but are in fact going to ghost projects. An audit was then conducted by the Commission on Audit
and the results thereof concurred with the exposes of Luy et al.
Motivated by the foregoing, Greco Belgica and several others, filed various petitions before the Supreme Court
questioning the constitutionality of the pork barrel system.
SSUES:
I. Whether or not the congressional pork barrel system is constitutional.
II. Whether or not presidential pork barrel system is constitutional.
HELD:
I. No, the congressional pork barrel system is unconstitutional. It is unconstitutional because it violates the following
principles:
a. Separation of Powers
b. Non-delegability of Legislative Power
c. Principle of Checks and Balances
d. Local Autonomy

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