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SC Declares PDAF Unconstitutional

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SC Declares PDAF Unconstitutional POLITICAL 11 SC declares PDAF unconstitutional The Supreme Court, voting 14-0 (one justice inhibited as he had a son in Congress), declared as unconstitutional the Priority Development Assistance Fund (PDAF) or pork barrel. he SC also ruled that provisions of the laws allowing the Offi ce of the President to release Malampaya funds for purposes Tother than energy related projects as well as the provision which allows the Presidential Social Fund (PSF) to fi nance priority infrastructure development projects were unconstitutional. Despite several rallies mounted against the pork barrel, President Aquino refused to abolish the PDAF. Instead, he supported the idea of requiring senators and congressmen to submit their pet projects for inclusion in the following year’s budget. No longer would there be a lump sum in the budget from which lawmakers could draw as they would want to. President Aquino just changed the system of delivery. It may well have been a workable compromise system, but it’s still not abolition. He should’ve abolished it as he had the perfect opportunity to do so – the populace massively supports the abolition of the pork barrel. He lost that opportunity. The most recent SWS survey showed that President Aquino’s With no pork barrel to dangle before lawmakers, net satisfaction rating dropped to +49 in September from +64 PNoy also loses much of his clout in Congress. President in June. There were several factors attributed to the decline, but Aquino was reluctant to abolish the pork barrel because its his persistence to valiantly defend a fl awed system (i.e. pork “discretionary release” is obviously an easy means for him barrel) and refusal to completely abolish it, was a major one. to get his way in Congress. Now he has to persuade through Lower public satisfaction ratings translate to lesser political convincing argument, a much harder task. This could stall capital that President Aquino could utilize to push for tough but the enactment of his priority bills, midway through his term. unpopular reforms. And with the government’s poor performance PNoy’s lameduck position could also be brought forward. after typhoon Haiyan his public support could fall even further. Philippine ANALYST October 2013 12 POLITICAL But the SC ruling could turn things around for the Aquino factors that constrict the absorptive capacity of national agencies: administration. The president came to power on a promise to eradicate 1) Frequent and unpredictable changes in agency policy corruption. And abolition of the pork barrel system is an important regarding program implementation; step toward that goal. President Aquino must capitalize on this. 2) Cumbersome procurement processes exacerbated by lack The SC’s ruling is a step in the right direction. There should of forward planning; and be no pork at all. The correct way to get local development funds is for mayors to work with the regional and local development 3) Complexity of inter-agency coordination, which at times is councils, through which they can recommend and submit exacerbated by avoidable internal administrative errors in their development programs and requirements to the national some cases. government for the latter to evaluate them for inclusion into The SC ruling is just the tip of the iceberg. Calls for reforms next years’ budget. But these development councils must also must not stop here. Public anger must be sustained until be subject to evaluation by state auditors as they could become genuine reform is achieved. The politicians involved must be alternative avenues for misuse of funds. A lawmaker’s role is brought to account. Otherwise, given history, there’s a good to make new laws to improve society. And this is particularly chance this pork barrel issue will wash over and be forgotten true of senators who are elected nationally: They should not be with the politicians escaping conviction. The public should selecting specifi c localities or communities to support, but look not allow the P10-billion pork barrel scam (billions more to toward improving the nation as a whole. Equally, congressmen, be unearthed soon) to degenerate into a legal issue argued although elected locally, have the responsibility to improve the lot over technicalities in a court of law for the next decade or of their people by introducing and passing sensible laws, not by so. It is not a legal problem, it is a social problem. And social identifying projects, or handing out largesse to begging voters. media through the internet may well sustain that public anger. Congressmen and Senators must not hold their scholars The SC decision will have a major impact on the country’s and other benefi ciaries hostage to the SC ruling. Funds needed political landscape. It will signifi cantly reduce the power of for scholars can be included in the budget of the Department dynasties and better level the playing fi eld for future elections; of Education or Commission on Higher Education. While the incumbents will no longer have undue advantage over their the budget for the sick can be funneled to the Department opponents; and campaigns may fi nally focus on the candidates’ of Health and PhilHealth. Peter Wallace, chairman and qualifi cations and platforms, not on their pork barrel wealth (and president of the Wallace Business Forum, fi rst raised as distribution of it to curry votes). The ruling will also weaken long ago as August 2004 that pork barrel funds should be the ‘padrino’ (patronage) system in Philippine politics. With the redirected to health and education until such time that both absence of multi-million lump sum funds, congressional seats will sectors have been fully provided with their needs in all facets. no longer be as appealing and lucrative as they used to be. The But the challenge for implementing agencies is to expand their number of popular but unqualifi ed candidates running for the posts ‘absorptive capacity’ and improve their evaluation and monitoring will signifi cantly drop, as will the continuance of dynasties. Those systems. The World Bank, in its Philippine Quarterly Update who are better qualifi ed and more well-intentioned will now have (PQU) report, said the government must address the following a chance. The SC ruling will result in a much changed political system that can only strengthen democracy in the Philippines. Philippine ANALYST October 2013 POLITICAL 131 President Aquino’s satisfaction rating drops Senators waive pork barrel allocations The most recent Social Weather Stations (SWS) poll showed Sixteen senators have formally waived their pork barrel a huge decline in President’s net satisfaction rating. allocations under the proposed 2014 national budget. The alleged misuse of several senators and congressmen of The pollster’s September 2013 survey found 68% of respondents their priority development and assistance fund (PDAF) or satisfi ed and 19% dissatisfi ed for a net rating of +49. This is much pork barrel allocations have triggered nationwide protests lower compared to the +64 the chief executive received in June. against the system. Lawmakers must ensure that pork barrel This was only the 4th time that public satisfaction with the president allocations are completely removed from the national budget dropped below the +50 level since he assumed offi ce in 2010. and not simply re-aligned to other projects that lawmakers There were several factors attributed to the decline, but themselves will identify. his persistence to valiantly defend a fl awed system (i.e. pork barrel) and refusal to completely abolish it, was a major one. The senators who have moved for the removal of their With the Supreme Court’s ruling declaring the priority pork barrel shares are the following: development assistance fund (PDAF) as unconstitutional, President Aquino no longer has pork barrel that could dangle before lawmakers. Senate President Franklin Drilon With this, President Aquino loses much of his clout in Congress. Miriam Defensor-Santiago President Aquino was reluctant to abolish the pork Cynthia Villar barrel because its “discretionary release” is obviously as Serge Osmeña IV easy means for him to get his way in Congress. Now he Loren Legarda has to persuade lawmakers through convincing arguments, defi nitely a much harder task. This could stall the approval Juan Edgardo Angara of his priority measures midway through his term. President Francis Escudero Aquino’s lameduck position could also be brought forward. Grace Poe But the High Court’s ruling could turn things around Aquilino Pimentel III for President Aquino. He came to power on a pledge to eradicate corruption and improve governance. And abolition Paolo Benigno Aquino IV of the lump sum congressional funds is an important step Vicente Sotto III toward that goal. President Aquino must capitalize on this. Nancy Binay Also among the event that attributed to President Aquino’s lower Ferdinand Marcos Jr. satisfaction ratings was the Zamboanga crisis that resulted in the death of over a hundred civilians and destruction around 10,000 homes. Gregorio Honasan Lower public satisfaction ratings translate to lesser political Teofi sto Guingona III capital that President Aquino could utilize to push of tough but JV Ejercito unpopular reforms. And with the government’s poor performance after typhoon Haiyan his public support could fall even further. MIDTERM NET SATISFACTION RATINGS Corazon Fidel Aquino (+29) Ramos (+2) Joseph Gloria Estrada (+5) Arroyo (-16) Philippine ANALYST October 2013 14 POLITICAL The senators are foregoing a total of P16 billion in pork barrel Sen. Drilon added that abolishing the PDAF or pork barrel is funds. Each senator gets an annual PDAF allocation of P200 essential given the issues that have recently surfaced regarding the million while every member of the House of Representatives alleged impropriety and abuses in the allocation and utilization receives an annual PDAF allocation of P70 million.
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