people's initiative letter to orgs
TRANSCRIPT
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October 11, 2014
Greetings of solidarity!
The pork barrel of the President and the Congress have been
exposed and condemned by the Filipino people as major sources of graft
and corruption and of patronage politics and detrimental to the poor and
the Filipino people. It is high time for the Filipino people to use the extra-
ordinary power granted to them by the Philippine Constitution and to
exercise their sovereign power to enact legislation.
Quoting theInitiative and Referendum Act of 1989:
Private Citizens can push for the passage or amendment of a law by
having a petition signed by at least 10% of all registered voters and at
least 3% in every legislative district.
The Act entitled An Act Abolishing the Pork Barrel System abolishes the
presidential and congressional pork barrel, mandates line item budgeting
prohibits and criminalizes appropriation and use of lump sum
discretionary funds, and penalizes violators with six years and one day to
ten years imprisonment and disqualification from holding public office. A
copy of the petition/bill is attached in this letter.
In this light, the College of Arts and Sciences Student Council will
be organizing a Peoples Initiative petition sign-up booth on October 23
and 24 at the Rizal Hall lobby, and we are inviting your organization to
be part of this endeavor to abolish the Pork Barrel System through at
least two of any of the following methods:
Promotions and public relations through liking and sharing
online publicity materials
Pledging of at least 5 valid Filipino voters from your organization
to sign-up in the petition.
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Volunteering to facilitate and look after the PI sign-up station on
October 23 and 24
Holding an Educational Discussion on the Pork Barrel System and
PI in your organization and constituents
Releasing of Solidarity Statements in support of the Peoples
Initiative movement
For your organizations confirmation, please text Al Omaga
(Contact Number: (0926) 826 1932)and send a logo of your organization
to be included in the publicity materials of the event to
[email protected] deadline of confirmation is on October
17, 2014.
For inquiries, you may text the signatory through the contact
details provided below. Thank you and we are looking forward to your
positive response!
With you in service,
(SGD.) Alfe Omaga
(0926) 826 1932
Councilor for National and Local Solidarity
College of Arts and Sciences Student Counci
Noted by,
(SGD.) Rodel Cahiyang
Chairperson
College of Arts and Sciences Student Counci
mailto:[email protected]:[email protected]:[email protected]:[email protected] -
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REPUBLIC OF THE PHILIPPINES
COMMISSION ON ELECTIONS
MANILA
IN RE: A PROPOSAL TO ENACT
A NATIONAL LEGISLATION
ENTITLED AN ACT ABOLISHING
THE PORK BARREL SYSTEM
THROUGH PEOPLES INITIATIVE,
E.M. Case No. ___
Mary John Mananzan and
Romualdo G. Kintanar and the
(total number of signatories)
Petitioners signed hereunder
X - - - - - - - - - - - - - - - - - - - - - - -/
PETITION
PETITIONERS, pursuant to Republic Act No. 6735 and ComelecResolution No. 2300, as amended, unto this Honorable Commission on Elections,
most respectfully state and aver that:
The Petitioners
1. We, the Petitioners, are _______________ (total number of signatories)Filipinos and all registered voters of this country who affixed our signatures to this
Petition which, per Certification issued by this Honorable Commissions ElectionRecords and Statistics Department (ERSD), is equivalent to __ percent (___%) of
______________, the total number of registered voters as of the last nationalelections, wherein each legislative district is represented by at least three percent
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(3%) of the total number of registered voters therein. Said Certification is attached
herewith as Annex A.
2. We voluntarily affixed our signatures to this Petition proposing to enact anational legislation entitled AN ACT ABOLISHING THE PORK BARREL
SYSTEM through Peoples Initiative under Article VI, Section 32 of thePhilippine Constitution and the Republic Act No. 6735, otherwise known as the
Initiative and Referendum Act.
3. We file the above proposition due to the failure of Congress to abolish and
criminalize the patronage and graft-riddled pork barrel system, consistent with
Article II Section 28 of the Philippine Constitution, which provides that TheStateshall maintain honesty and integrity in public service and take positive andeffective measures against graft and corruption.
4. We fully understand the proposition, discussed its rationale, its advantagesand disadvantages, as well as its consequences and effects, as we have read the full
texts and contents thereof which were likewise clearly explained to us, in our own
dialect or in a language known to us, before we voluntarily affixed our signatureshereto.
5. We, the Petitioners, have duly authorized the:
5.1 Peoples Initiative to Abolish Pork Barrel (PIAP) represented by Mo.Mary John Mananzan with office address 2560 Leon Guinto St.,
Malate, Manila (tel. no. 02-5241524) and Monsignor Romualdo G.
Kintanar with office address Patria de Cebu, P. Burgos St., Cebu City
(tel. no. 032-3180850); and the
5.2. National Union of Peoples Lawyers (NUPL) with office address 3rd
Floor, Erythrina Building, No. 1 Maaralin St, Bgy. Central, QuezonCity (tel. no. 02-9206660)
to represent us, for and in our behalf, to sign any and all pleadings/documentssubsequent and as a consequence hereof, and to do or perform any and all acts
necessary for this Petition to prosper and succeed, before the Commission onElections or any proper court or tribunal.
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6. We file this Petition on our own behalf with the assistance of our aboveduly-authorized representatives, who will represent us, and to whom the processes
of the Honorable Commission may be served at their addresses as indicated above.
7. No public funds have been spent for this Petition.
Cause of Action
8. Petitioners herein propose, as above stated, to enact a national legislationentitled An Act Abolishing the Pork Barrel Systemthrough Peoples Initiativeunder Article VI, Section 32 of the Philippine Constitution and the Republic Act
No. 6735, otherwise known as the Initiative and Referendum Act.
9. The proposition is based on the Philippine Constitution which provides
that TheState shall maintain honesty and integrity in public service and take
positive and effective measures against graft and corruption.(Section 28, ArticleII, 1987 Constitution), and the Supreme Court decision concerning pork barrel in
Belgica, et al. vs. Ochoa, Jr., et al., G.R. No. 208560and that concerning
Disbursement Acceleration Program in Araullo, et al. vs. Aquino III, et al.,G.R.No. 209287;
10. The Rationale of the proposition is that a Constitutional or State Policy is
a direct mandate from the people. It is an expression of the sovereign will of our
people. It is a direct instruction from the sovereign or the people who ratified the
Constitution. As such, the State Policy contained in Article II Section 28 of theConstitution should not be taken lightly. Much more that now, the presidential and
congressional pork barrel have been exposed and condemned by the Filipino
people as sources of graft and corruption and of patronage politics, and theSupreme Court has struck down the DAP and PDAF as unconstitutional.
11. The full text and content of theproposed AN ACT ABOLISHINGPORK BARREL is hereunder stated as follows:
AN ACT
http://sc.judiciary.gov.ph/microsite/pdaf/208560.htmhttp://sc.judiciary.gov.ph/microsite/dap/209287.htmhttp://sc.judiciary.gov.ph/microsite/dap/209287.htmhttp://sc.judiciary.gov.ph/microsite/pdaf/208560.htm -
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ABOLISHING THE PRESIDENTIAL AND CONGRESSIONAL PORK
BARREL SYSTEM, STRENGTHENING THE SYSTEM OF CHECKS AND
BALANCES OVER PUBLIC FUNDS, PROHIBITING CERTAIN
ACTS, AND PROVIDING PENALTIES THEREFOR
SECTION 1. Short Ti tleThis Act shall be known as An Act Abolishing the
Pork Barrel System.
SECTION 2. Declaration of State Policies and Pri nciples. This act is a direct
exercise of sovereign power by the people of their authority to enact legislation
reserved by the Philippine Constitution.
The sovereign people affirm the need to establish a system of strict accountability
over the use of public funds to ensure that they are spent solely for functions,
programs, projects and activities that redound to the interest of the people,especially the poor and marginalized sectors of Philippine society.
Recognizing that the pork barrel system is one of the main sources of graft andcorruption and of patronage politics, the State shall ensure that measures designed
to eliminate the rules and practices of the pork barrel system are in place and that
the mechanisms of checks and balances are strengthened.
SECTION 3. Definitions. For purposes of this Act, the following terms shallmean:
(a) Pork Barr elis a lump sum public fund assigned by law, regulation or practice
with sole discretion given to the President, legislator or group of legislators, or anypublic officer. The exercise of discretion by public officers relates to the allocation,
release or use of these public funds, the identification or selection of projects,
implementors or beneficiaries, or any or a combination of or all of these.
(b) A lump sum appropriation is a single but divisible sum of money which serves
as a funding source for unspecified or multiple purposes and leaves the purposes ofthe appropriation and their actual amounts for further determination after the
enactment of the appropriation law. Said appropriationis not itemized or does notspecify the program, activity or project or implementing government agency for
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which it is appropriated, including the allotment class, beneficiaries, and other
matters required to be disclosed by government agencies in their budget estimatesunder existing law.
(c) Impoundment is the act of not spending money appropriated by law.Impoundment may be through rescission or cancellation of the appropriation, or
deferral or suspension of the release of the appropriated funds.
(d) National Offi cialunder this Act refers to the President, head of department ornational agency or his/her respective subordinate, agent, or authorized
representative, and any member of Congress.
(e)Savings refers to any available portion or balance in an appropriation item
under the law, which has become free from any obligation or encumbrance as a
result of (i) the completion or final discontinuance as certified by the President orabandonment, due to fortuitous events, of the work, activity or purpose for whichthe appropriation is authorized; or (ii) the non-payment of compensation and
related costs as a result of vacancies in positions and leaves of absence without
pay; or (iii) the implementation of measures resulting in improved systems andefficiencies that enabled government agencies to meet and deliver the required or
planned targets, programs and services approved in an appropriation law at a lesser
cost.
SECTION 4. General mandatory rules governing appropriations and
disbursement of publi c funds.
(a) All proposed budgets submitted to the Philippines Congress shall contain only
itemized or line-item appropriations, except appropriations for the purpose of
disaster response, contingency fund of not more than 5% of the budget for a
specific item, and for the intelligence/confidential funds of the National SecurityCouncil (NSC), the Department of National Defense (DND) and the Department of
Interior and Local Government (DILG).
(b) The expenditures from allowable lump sums shall be reported immediately to
Congress by the government agency to which the sum has been appropriated and
shall always be subject to a special audit by the Commission on Audit.
(c) All unspent, unreleased, and unobligated funds of any government agency bythe end of the fiscal year shall remain in or revert to the General Fund and shall not
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thereafter be available for expenditure except by a subsequent appropriation law;
Provided, however, that the President, the President of the Senate, the Speaker ofthe House of Representatives, the Chief Justice of the Supreme Court, and the
heads of Constitutional Commissions may authorize their respective government
agency or office to use the savings realized by the agency or office from its regularbudget during the fiscal year to augment any existing appropriation item for the
same agency or office under the general appropriations act; Provided, further, thatthe augmentation may only be done during the same fiscal year when the savings
were realized; Provided, finally, that the power to realign or use savings may notbe delegated to other public officers.
SECTION 5. Appropr iation of special f unds. Within the fiscal year following theapproval of this Act, a report on the financial status of every account including but
not limited to the Malampaya fund, the Motor Vehicles Users Charges and other
off-budget items covered by a special law authorizing the continuous disbursementof funds for a special purpose shall be submitted to Congress. Every fiscal yearthereafter, the President shall submit to Congress a proposed budget for the
disbursement of the special funds in accordance with their purpose as part of the
National Expenditure Program.
SECTION 6. Abolition of the Presidential Social Fund. The share of the
Government in the aggregate gross earnings of the Philippine Amusement andGaming Corporation provided under Section 12 of Presidential Decree No. 1869 as
amended by Presidential Decree No. 1993 shall henceforth be remitted regularly to
the National Treasury and may be used only pursuant to a valid appropriation madeby law. The discretionary authority of the President granted under the aforesaid
Section 12 to use the fund to finance the restoration of damaged or destroyedfacilities due to calamities is hereby revoked.
SECTION 7. Special Offenses. The penalty of imprisonment of six (6) years andone day to ten (10) years and perpetual disqualification from public office shall be
imposed on the following persons for committing any of the following acts:
(a) Any national official who authorizes the spending of public money that is not
covered by or is in violation of any appropriation law;
(b) Any national official who, in violation of Section 4 (a), includes a lump sum
amount in any budget proposal submitted to Congress, or any member of Congresswho approves the inclusion of any lump sum amount in the general or
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supplemental appropriations acts; Provided, that the appropriation of lump sums
for the purpose of disaster response, a contingency fund of not more than 5% of thebudget for a specific item, and for the intelligence fund of the NSC, DND and
DILG shall not be covered by this prohibition;
(c) Any national official who inserts in an appropriation bill provisions allowing
post-enactment intervention by a member or members of Congress in theimplementation of the appropriation measure;
(d) Any member of Congress, or his agent or representative, who directly or
indirectly intervenes or participates in the implementation of any appropriation law
through any post-enactment act or practice, including but not limited toidentification or endorsement of projects, beneficiaries or contractors, or assuming
authority or exercising influence in the release, allocation or realignment of
appropriated funds;
(e) Any national official who declares and utilizes savings outside of the cases
provided in Section 3(e) hereof, or realigns the improperly declared savings;
(f) Any national official who impounds any appropriation or portion thereof by
retention, reduction, rescission or deferral or suspension of release of funds, or any
other means, for whatever reason or purpose, unless there is an official declarationby the President of an unmanageable National Government budget deficit.
(g) Any person including a private individual who persuades, induces, influencesor cooperates with any national official in violating any of the provisions of this
Act shall suffer the same penalty.
The above penalties shall be in addition to the criminal, civil and administrative
liabilities that the national official or private individual may incur under existing
laws.
SECTION 8. Di li gence requi red; presumption. All public officers involved in theapproval, release and disbursement of funds shall exercise extraordinary diligence
in the performance of their functions. When an anomalous transaction is duly
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proved, the public officer responsible for the approval, release or disbursement of
funds shall be presumed to have knowledge of the anomalous transaction.
SECTION 9. Repealing clause. Any law, presidential decree, executive order,
rule or regulation, or any issuance contrary to or inconsistent with the provisions ofthis Act, including Section 12 of PD 1869 as amended by PD 1993, is hereby
repealed, modified or amended accordingly.
SECTION. 10. Amendment or r epeal of thi s Act. This Act may only be repealed,modified or amended by a law that has been approved by the people under the
system of initiative and referendum enshrined in the 1987 Constitution.
SECTION 11.Ef fectivi ty Clause. This law shall become effective after fifteen (15)
days following the completion of its publication in two newspapers of general
circulation by the Commission on Elections.
Enacted this ____ day of ___________________________, through the system of
Peoples Initiative.
12. The herein proposition embraces only one subject the Pork Barrel
System and its abolition which is not one of the exceptions under Republic Act No.6735.
PRAYER
WHEREFORE, premises considered, it is most respectfully prayed that this
Honorable Commission, after due consideration and verification, issue an Order:
1. Finding the Petition to be sufficient in form and substance pursuant to thepertinent provisions of Republic Act No. 6735 and the implementing resolutions of
this Commission;
2. Directing the publication of the Petition in Filipino and English at least
twice in newspapers of general and local circulation; and
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3. Calling a Referendum on a date set by the Commission, to be conducted
under its control and supervision, not earlier than forty-five (45) days but not laterthan ninety (90) days after its Certification on the sufficiency of the Petition, to
allow the Filipino people to express their sovereign will on the proposition.
Petitioners pray for such other reliefs deemed just and equitable in the
premises.
MANILA, PHILIPPINES, __________________.
National Union of Peoples Lawyers3rdFloor, Erythrina Building,
No. 1 Maaralin Street
Brgy Central, Quezon City
Tel. No. 02-920.6660
By:
_________________________Lawyers Roll No. _________
IBP No. _________________
PTR No. _________________
Admitted to the Bar in ______
MCLE Compliance ________
Email address
_________________________Lawyers Roll No. _________
IBP No. _________________
PTR No. _________________
Admitted to the Bar in ______
MCLE Compliance ________
Email address
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We hereby affix our signatures for this Petition to enact legislation entitled An Act
Abolishing the Pork Barrel System through peoples initiative.
For District/Province/City/Municipality of:
Name Address
Legislative
district Signature1.
2.
3.
4.
5.
6.
7.
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8.
9.
10.