1.ABOLISH THE PORK BARREL SYSTEM THRU PEOPLES INTITITIVE BAYAN MUNA Rep. Carlos Isagani T. Zarate

2. Government has no money for: 1. Genuine Agrarian Reform 2. Industrialization 3. Health care and other public service thereby the need for privatization, PPP and loans 4. Other government functions 3. Year Debt Interest 2013 5.9 Trillion 333.9 Billion adjusted 2012 5.5 Trillion 312.8 Billion actual 2011 4.9 Trillion 279.0 Billion actual 2010 4.6 Trillion 294.2 Billion actual Debt Payment 4. What Makes a Pork, Pork 5. Philippine Pork Barrel System The pork barrel system is not however limited to the legislators. It includes the pork barrel of the President. Nature: (1) it is a source of graft and corruption; (2) public funds are disbursed to favor political allies and withheld from the opposition in a form of political patronage and legalized vote buying; and (3) its release (or non-release) is used by the executive to control both Houses of Congress violating the constitutional principles of effective checks and balance. THE PORK BARREL SYSTEM IS INHERENTLY ANOMALOUS BECAUSE it is used for patronage politics; mere restrictions will not clean it. 6. Why is pork barrel inherently anomalous? 1. It is a source of graft and corruption 2. it distorts budgetary needs and processes 3. pork is patronage politics where public funds are given to allies and voters and withheld from political enemies 7. THE PORK BARREL SYSTEM: SOURCES 1. Lump-Sum Appropriation funds allocated without being broken down into detailed purpose/s. This leaves a great deal of discretion to the hands of the head of governmental agency or department, most especially the President. 2. PDAF lump sum appropriations in the GAA Act to fund projects considered a priority by a legislator. It is also used for patronage politics by the President to ensure the support of members of Congress. In 2013, about P24B is appropriated for PDAF. 8. 3. DBM Circular 541 (2012) issued by the DBM realigning unobligated allotments by mid year, to projects not considered in the budget but is about to start within the current year. 4. Overall Savings savings derived from unused or unspent portion of funds appropriated in the GAA. 5. Off-Budget Funds funds derived from other sources not specified in the National Budget. Use of these funds are under the sole discretion of the President without need of congressional approval such as Malampaya Funds, Presidential Social Fund, etc. 9. Priority Development Assistance Fund (PDAF) 2002 5,677,500 2003 8,327,000 2005 6,100,000 2007 11,445,645 2008 7,892,500 2009 9,665,027 2010 10,861,211 2011 24,620,000 2012 24,890,000 2013 24,790,000 Grand Total 134,268,883 10. Special Purpose Funds 2002 211,845,056 2003 267,834,997 2005 254,145,611 2007 193,417,998 2008 562,890,352 2009 549,044,226 2010 629,616,038 2011 232,498,150 2012 376,274,115 2013 385,473,395 Grand Total 3,663,039,938 Funds appropriated to augment the regular budget of selected agency or department. 11. Unprogrammed Funds 2002 21,114,977 2003 54,275,880 2005 34,854,520 2007 61,129,460 2008 114,492,091 2009 75,970,194 2010 118,913,946 2011 66,908,492 2012 152,821,845 2013 117,548,371 Grand It is a standby appropriations, which authorize additional agency expenditures in excess of the original budget. The fund is to be implemented only when revenue collections exceed the resource targets assumed in the budget, or when foreign project loan proceeds are realized. 12. Year Transfers from Transfers to Surplus/Deficit Regular Budget 2002 3,510,150 (3,510,150) 0 363,278,672 2003 15,043,649 (14,037,352) 1,006,297 341,779,733 2004 11,431,093 (5,708,029) 5,723,064 341,779,733 2005 111,601,965 (7,841,521) 103,760,444 343,517,789 2006 16,275,697 (35,706,738) (19,431,041) 343,517,789 2007 117,547,987 (11,439,702) 106,108,285 441,623,880 2008 178,728,159 (38,059,847) 140,668,312 503,289,505 2009 268,283,496 (53,072,001) 215,211,495 621,274,527 2010 46,631,807 (19,880,665) 26,751,142 674,790,362 2011 50,476,735 (44,125,682) 6,351,053 767,889,614 2012 56,466,713 45,977,932 10,488,781 868,919,155 Total 769,054,003 -189,256,005 579,797,998 Overall Savings 13. IN BUDGET ITEMS (Funds in the NEP and GAA) Special Purpose Funds Allocation to Local Govt Units (ALGU) To the IRA of local government units Special Share of LGU P 16.70 Billion in the proceeds of National Taxes Financial Subsidy To LGU P 200 million ------------ Sub-total ALGU Pork Barrel P 16.90 PDAF (Pork Barrel of Legislators) P 24.89 Billion DepEd School Building P 1 Billion E- Government Fund P 1 Billion Budgetary Support to GOCC P 21.57 Billion Misc. Personnel Benefit Fund P 109.29 Billion PAMANA P 1.76 Billion Unprogrammed Fund and Automatic Appropriation Budgetary Support to GOCCs P25.21 Billion Support to Infra Projects and Social Programs P26 Billion Debt Management Pogram P85.18 Billion Net Lending P23 Billion Special Account P26.83 Billion ----------------- ` P362.63 Billion 14. Malampaya Fund Misuse No . Name of Agency Total amount released 1 Department of Agriculture P5,824,000,000 2 Department of Agrarian Reform 900,000,000 3 DOST PAG-ASA 400,000 4 DOF NHA 1,398,860,000 5 DPWH 7,073,806,659 6 DBM 62,000,000 7 DND 1,198,093,418 8 DILG 2,140,000,000 9 DOTC Philippine Coast Guard 50,000,000 10 DOH 745,926,000 11 DOE 250,000,000 12 Province of Palawan 3,958,508,492.51 TOTAL RELEASES AS OF Dec. 31, 2010 P23,601,594,569.51 In its 2010 Annual Report, the COA observed that out of the total releases to national government agencies, only P250 million or 1.27% were given to DOE while P19.39 billion or 98.73% was for other purposes. 15. YEAR / SARO RECIPIENT AMOUNT 2009 / 138 SAROs Non-Energy related expenses P 7.094 Billion 2009/ 2 SAROs DILG-PNP P 2.14 BILLION 2009 / 3 DA AGFP P 5.82 BILLION 2009 DND AFP P 1.19 BILLION #A-06-8535 NEA Electrification of 211 Barangays P 250 MILLION SARO A-09-08589 DOTC Phil. Coast Guard P 50 MILLION 2009 DBM-OSEC P 60 MILLION No. B-09-09046 DOH P745 MILLION Malampaya: The Arroyo Years 16. YEAR / SARO RECIPIENT AMOUNT F-11-00599 NPC P 2 BILLION NPC P 1.62 BILLION NPC P 3 BILLION No. A-11-00842 DILG Pantawid Pasada P 150 MILLION 2011 DILG Pantawid Pasada P 350 MILLION Malampaya: The Aquino Years 17. SARO RECIPIENT AMOUNT 2011 AFP-DND P 4.9 BILLION Sitio Electrification Project P 814.4 MILLION 2011 Barangay Line Enhancement Projects P 1.1 BILLION No. D-11-00798 USCGC Hamilton P 423 MILLION Transfer, dry-docking and hull maintenance costs of USCGC shipS P880.6 MILLION Malampaya: The Aquino Years 18. Section 5.7 The withdrawn allotments may be: xxx 5.7.2 Realigned to cover additional funding for other existing programs and projects of the agency/OUs; 5.7.3 Used to augment existing programs and projects of any agency and to fund priority programs and projects not considered in the 2012 budget but expected to be started or implemented during the current year. DBM Circular No. 541 (2012) 19. Art. VI, Sec. 25 (5) - No law shall be passed authorizing any transfer of appropriations; however, the President, the President of the Senate, the Speaker of the House of Representatives, the Chief Justice of the Supreme Court, and the heads of Constitutional Commissions may, by law, be authorized to augment any item in the general appropriations law for their respective offices from savings in other items of their respective appropriations. 20. Year Amount (in Billion Php) 2011 83.53 2012 58.7 2013 15.3 Total 142.23 21. Item Amount To purchase additional train cars, according to DBM P4.5 Billion According to DOTC, there will be no additional train cars until the end of the term of Pres. Aquino. PAMANA Fund for the CPLA and MNLF P1.82 Billion Considering that BAYAN MUNA found DND spending approximately P300 Million in ghost MNLF and CPLA projects. This nearly P2 Billion is highly questionable. GOCCs P26.9 Billion This fund is given to GOCCs, despite the controversies on extravagant perks and benefits of their officials, while another billions as budgetary support from Special Purpose Funds and another billions from Unprogrammed Funds. Stimulus fund for ARMM P8.5 Billion This is on top of the P11.8 Billion allocated in 2012 GAA as their regular budget. Hence, this is not appropriated in the GAA. 22. Item Amount Conduct of survey on farmers and fisherfolks by DAR and DA P625 Million 625 million pesos on a survey???? Agrarian reform Communities Project 2 of DAR P1.29 Billion These amorphous projects of DAR for agrarian reform beneficiaries has been the subject of many irregularities including the P900 Million Malapampaya Fund currently under investigation. The ARC 2 has in fact been the subject of a multi- billion loan from ADB which has not been utilized for years and yet we pay huge interest for this gigantic fund which is just lying somewhere in a special account of the government. DAP Funds given to Legislators P50-100 Million to Senators, during or after the impeachment trial, as exposed by Sen. Jonggoy Estrada; P475 Million returned from DAR but realigned by Senators through TRC.; And another millions to congressmen, Sen. Joker Arroyo among others. All of which are currently being audited by COA, according to its chairperson. 23. Panahon na po upang i-abolish ang PDAF. Pres. Aquino, 23 Aug. 2013 24. House Bill 298 Makabayan bloc files House Resolution calling for the abolition of the pork barrel system, itemization of lump sum funds and allocation of these to basic social services, salary increase for government employees and job creation in the 2014 National Budget. 25. Aquino Pork Barrel System to remain 26. The Hidden Congressional Pork in the 2014 Budget PDAF is abolished but congressional pork is not I.The Belgica v. Ochoa decision II.House Pork III.Senate Pork IV.Formal and Informal Practices in Accessing Pork 27. SC: Pork is unconstitutional Pork Barrel System -the collective body of rules and practicesby which lump-sum, discretionary funds, primarily intended for local projects, are utilized through the respective participations of the Legislative and Executive branches of government, including its members 28. SC: Pork is unconstitutional Congressional Pork - lump-sum, discretionary fund wherein legislators, either individually or collectivelyare able to effectively control certain aspects of the funds utilization through various post-enactment measures and/or practices - the defining feature of all forms of Congressional Pork Barrel would be the authority of legislators to participate in the post-enactment phases of project implementation 29. Why is congressional pork unconstitutional? I. Separation of powers Legislators cannot exercise executive functions such as project implementation. II. Non-delegability of legislative power Legislators cannot individually exercise the power of appropriation. 30. Why is congressional pork unconstitutional? III. Checks and balances Lump sums diminish the item veto power of president. They dilute accountability mechanisms (the conduct of congressional oversight would be hampered and tainted). IV. Local Autonomy Pork diminishes local autonomy and equitable funding for LGUs. Legislators can simply bypass local development councils. 31. WHERES THE NEW HOUSE PORK? DOLE = P1.022 billion DOH = P3.194 billion DSWD = P4.090 billion CHED = P4.124 billion TESDA = P1.022 billion DPWH = P7.309 billion ** (**Under the new Menu, each legislator can propose up to five infrastructure projects; the budget ceiling for each legislator is P24.5 million. Each project should amount to no less than P2 million. Such projects to local roads and bridges, classrooms or academic buildings, multipurpose buildings and water supply systems. All but party-list representatives can propose infrastructure projects only within their respective districts) RETAILED PORK or KILO-KILO PORK 32. House Pork Department Program Amount DOH Assistance to Indigent Patients 3,193,950,000 DOLE Government Internship Program (GIP) and Tulong Panghanapbuhay sa Ating Disadvantaged Workers TUPAD Project 1,022,000,000 TESDA Special Training for Employment Program 1,022,000,000 DSWD Crisis Intervention Program 4,090,000,000 DPWH Regional and Local Infrastructure Program 7,309,494,000 CHED Scholarship Program 4,124,200,000 20,761,644,000 33. Allocation per House Member AGENCY ALLOCATION DOH 10.5 M CHED 14.0 M TESDA 3.5 M DSWD 14.0 M DOLE 3.5 M DPWH 24.5 M TOTAL 70.0 M 34. House Pork DOH Pork Special Provision 8. Assistance to Indigent Patients -for hospitalization and the grant of assistance to indigent and poor patients - PROVIDED, That the beneficiary shall comply with requirements of DOH and/or government hospital - PROVIDED, FURTHER, That the DOH shall be allowed to utilize up to one percent (1%) of the said amount to cover administrative costs - PROVIDED, FURTHERMORE, That the DOH may engage a third party agency, entity or organization to monitor the implementation of this Program - PROVIDED, FINALLY, That the DOH shall submit a quarterly report on the utilization of this amount to the DBM, the House Committee on Appropriations and the Senate Committee on Finance - In no case shall the grant..be delegated and/or transferred to any kind of Civil Society Organization, whether it be a non-governmental organization or a peoples organization - requirement for posting of several details - guidelines to be issued by DOH 35. House Pork DOLE Pork Special Provision 8. Government Internship Program (GIP) and Tulong Panghanapbuhay sa Ating Disadvantaged Workers TUPAD Project -for the payment of stipend of beneficiaries equivalent to seventy five percent (75%) of the existing minimum wage in the area - for the payment of wages of displaced workers resulting from weather and regulatory shocks and internal conflict during their short-term employment under the TUPAD Project - compliance of beneficiary with DOLE requirements - Procurement Act - 1% for administrative costs - third party agency, etc. to monitor implementation -quarterly report - ban on transfer to CSOs, etc. - requirement for posting of several details - DOLE guidelines 36. House Pork TESDA Pork Special Provision 4. Special Training for Employment Program -for the conduct of community-based specialty training for employment - compliance of beneficiary with TESDA requirements - Procurement Act - 1% for administrative costs - third party agency, etc. to monitor implementation -quarterly report - ban on transfer to any Educational or Training Foundation, CSOs, etc. - requirement for posting of several details - TESDA guidelines 37. House Pork DSWD Pork Special Provision 4. Crisis Intervention Program -to provide financial assistance to individuals and families in crisis situations - compliance of beneficiary with DSWD requirements. This includes food, transportation, medical and burial assistance and assistance to students - 1% for administrative costs - third party agency, etc. to monitor implementation - quarterly report - ban on transfer to CSOs, etc. - requirement for posting of several details - DSWD guidelines 38. House Pork DPWH Pork Special Provision 8. Regional and Local Infrastructure Program - for the construction and rehabilitation of the following local infrastructures: a.) Local Roads and Bridges; b.) Classrooms and Academic Buildings; c.) Multi-Purpose Buildings; and d.) Levels 2 and 3 Water Supply Systems - compliance with specifications of DPWH - Procurement Act - third party agency, etc. to monitor implementation - quarterly report - ban on transfer to CSOs, etc. - requirement for posting of several details - DPWH guidelines 39. House Pork CHED Pork Special Provision 3. Scholarship Program - for the grant of scholarship assistance to deserving students - compliance of beneficiary with CHED, and SUC or HEI requirements - 1% for administrative costs - third party agency, etc. to monitor implementation -quarterly report - ban on transfer to any Educational or Training Foundation, CSOs, etc. - requirement for posting of several details - TESDA guidelines 40. Senate Pork From L to R: Alan Cayetano, Pia Cayetano, Miriam Santiago, JV Ejercito, Jinggoy Estrada, Lito Lapid, Ralph Recto, Bong Revilla, Antonio Trillanes) Infographic from GMANews.com 41. Senate PorkSENATOR AGENCY AMOUNT A. Cayetano Calamity Fund P200 M P. Cayetano Calamity Fund 200 M Santiago Calamity Fund 200 M Ejercito Calamity Fund 200 M Recto Calamity Fund 200 M Estrada LGSF: Lla-lo, Cagayan 50 M LGSF: Caloocan 50 M LGSF: Manila 100 M Lapid DPWH 193 M DOH 5 M DSWD 2 M 42. Senate PorkSENATOR AGENCY AMOUNT Revilla DPWH 84.5 M DOH 75 M UP System 35 M Trillanes PNP 7.4 M Philippine Army 27.95 M Philippine Navy 22 M CHED 36.2 M TESDA 4 M DOH 102.45 M TOTAL 1,794.5 M 43. Formal and Informal Practices in Accessing Congressional Pork The Court hereby declares the 2013 PDAF Article all other PROVISIONS OF LAW which similarly allow legislators to wield any form of post-enactment authority in the implementation or enforcement of the budget, unrelated to congressional oversight, asunconstitutional. Corollary thereto, INFORMAL PRACTICES, through which legislators have effectively intruded into the proper phases of budget execution, must be deemed as acts of grave abuse of discretion amounting to lack or excess of jurisdiction and, hence, accorded the same unconstitutional treatment. - Belgica v. Ochoa 44. Formal and Informal Practices in Accessing Congressional Pork FORMAL PRACTICES - those expressed in laws and implementing rules and regulations of agencies 45. Formal and Informal Practices in Accessing Congressional Pork A portion of the DPWHs 2014 budget under Local Projects 46. Formal and Informal Practices in Accessing Congressional Pork The Court also observes that this concept of legislator control underlying the CDF and PDAF conflicts with the functions of the various Local Development Councils (LDCs) which are already legally mandated to assist the corresponding sanggunian in setting the direction of economic and social development, and coordinating development efforts within its territorial jurisdiction. Considering that LDCs are instrumentalities whose functions are essentially geared towards managing local affairs, their programs, policies and resolutions should not be overridden nor duplicated by individual legislators, who are national officers that have no law- making authority except only when acting as a body. - Belgica v. Ochoa 47. Implementing guidelines for DSWDs Crisis Intervention Program (a portion of the P 4,090,769,000 added to DSWD) This memo was delivered by DSWD personnel to the offices of House Members. Formal and Informal Practices in Accessing Congressional Pork 48. III. Implementing Procedures/Guidelines 3.2 type, kind, and amount of financial assistance - based on assessment and recommendation of DSWD social workers and/or other authorized personnel or officials of the Department 3.8 partner agencies (public hospitals and other concerned government agencies, transport companies, funeral parlors, drugstores/pharmacies, hospitals, and other service providers, etc.) 3.9 In no case shall implementation of the AICS be delegated and/or transferred to any kind of Civil Society Organization, whether it be a non- governmental organization or a peoples organization. - engagement of a third-party agency, entity, or organization for monitoring allowed 3.10 quarterly report on implementation III. ADMINISTRATIVE PROCEDURE AND REQUIREMENTS 4.7 Structure and Manpower Requirements 4.7.4 Transfer of Funds to LGUs Formal and Informal Practices in Accessing Congressional Pork 49. Formal and Informal Practices in Accessing Congressional Pork A portion of the wish list circulating among Congressmen/women 50. BASIC SERVICES DEPRIVED OF BUDGET LAND REFORM HOUSING EDUCATION HEALTH 51. Draining our funds and resources 1. DEBT SERVICINGPhp 700-800 Billion per year 2. MISPLACED PRIORITIES AND PROJECTS (PPP AND PRIVATIZATION) 3. GRAFT AND CORRUPTION 52. Where to rechannel Pork ? P25.24-B PDAF Abolish and re-channel to basic social services and government employees salaries. P132-B Malampaya Fund Transfer to General Fund and subject to Congressional appropriation to fund renewable energy and basic social services. P173-B Special Purpose Funds Itemize in the budget, re-channel to basic social services. 53. P83.87-B Unprogrammed Fund Re-channel to basic social services. P64.6-B Overall Savings Return to General Fund, subject to congressional appropriation. P12-B Motor Vehicle Users Fund Re-channel to basic social services and subsidy to farmers. Lump sum appropriations to various department/agencies Itemize in the budget and re-channel to basic social services.