belgica pord barrel petition presentation

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2013 SC Petition to declare the PORK BARREL SYSTEM UNCONSTITUTIONAL

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2013 SC Petition to

declare the PORK

BARREL SYSTEM

UNCONSTITUTIONAL

2013 SC Petition to

declare the PORK

BARREL SYSTEM

UNCONSTITUTIONAL

Prepared & Presented by:

GRECO BELGICAConvernor & Petitioner

Biblical Principle :

Biblical Principle :

Money & Resources

should be in the hands of

people not Government

Biblical Principle :

Money & Resources

should be in the hands of

people not Government

Deut. 25:4

Biblical Principle :

Money & Resources

should be in the hands of

people not Government

Deut. 25:4

1 Tim. 5:18

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.

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.

Biblical Principle II:

Biblical Principle II:

A Limitted Civil

Govenment

Biblical Principle II:

A Limitted Civil

Govenment

Romans 13:3-4

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.

4 generations ago, our

young national heroes

wrote the very 1st constitution that

reflected their vision of a

free nation

4 generations ago, our

young national heroes

wrote the very 1st constitution that

reflected their vision of a

free nation

1899 Malolos Constitution,

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

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.

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 implemetor.

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.

1987 constitution

re-established the

principles of the

separation of powers

and the 3 branches of

Govt

1987 constitution

re-established the

principles of the

separation of powers

and the 3 branches of

Govt

Section 1 of Art. 6,7,& 8

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

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.

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...

ARTICLEVIII : JUDICIAL

DEPARTMENT

1987 Constitution

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.

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

WHY IS THE PORK BARREL

SYSTEM

UNCONSTITUTIONAL?

(ISSUES OF THE PETIOTION)

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.

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.

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.

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.

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.

PETITIONERS PRAYER

PETITIONERS PRAYER1.

Give due course to the

instant Petition;

PETITIONERS PRAYER1.

Give due course to the

instant Petition;

2.

Immediately issue a

Temporary Restraining Order

and/or Writ of Preliminary

Injunction enjoining:

PETITIONERS PRAYER

PETITIONERS PRAYER

Enjoining the:

The Executive Secretary, Department of Budget and Management and those acting for and/or under them, from

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;

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

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;

PETITIONERS PRAYER

PETITIONERS PRAYER

Enjoining the:

The Philippine Senate and

the House of

Representatives

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

PETITIONERS PRAYER

PETITIONERS PRAYER

Enjoining the:

The National Treasurer

PETITIONERS PRAYER

Enjoining the:

The National Treasurer

from any act that seeks

to enforce the

PETITIONERS PRAYER

Enjoining the:

The National Treasurer

from any act that seeks

to enforce the

(a)Priority Development

Assistance Fund;

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;

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.

PETITIONERS PRAYER

PETITIONERS PRAYER

After further proceedings,

grant the instant Petition:

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;

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;

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;

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;

PETITIONERS PRAYER

PETITIONERS PRAYER

Ordering respondents

Executive Secretary

and/or Department of

Budget and

Management to:

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.

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.

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.

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

PETITIONERS PRAYERdeclaring the injunction

permanent.

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

PETITIONERS

SIGNATORIES

Atty. Jose Malvar Villegas, Quintin Paredes

San Diego, Bishop

Reuben Abante, Bishop

Jose Socito, Bishop Jose

Gonzalez, Greco Belgica

JOIN THE PETITIONERS

BE AN ADVOCATE