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Belgica Vs Ochoa

The document discusses and compares post-enactment measures (Congressional Pork Barrel) and Presidential Pork Barrel. For Congressional Pork Barrel, it outlines the three-step process of project identification, fund release, and fund realignment. For Presidential Pork Barrel, it analyzes the Calamity Fund, Contingent Fund, Malampaya Fund, and Presidential Social Fund, finding issues with portions being too broad and giving the President too much power over money allocation. It also defines appropriation as setting aside a specified amount for a specified purpose through passed law, not for allocation to individuals.

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Emman Cariño
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12 views1 page

Belgica Vs Ochoa

The document discusses and compares post-enactment measures (Congressional Pork Barrel) and Presidential Pork Barrel. For Congressional Pork Barrel, it outlines the three-step process of project identification, fund release, and fund realignment. For Presidential Pork Barrel, it analyzes the Calamity Fund, Contingent Fund, Malampaya Fund, and Presidential Social Fund, finding issues with portions being too broad and giving the President too much power over money allocation. It also defines appropriation as setting aside a specified amount for a specified purpose through passed law, not for allocation to individuals.

Uploaded by

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

Discussion | August 24, 2015

Post-enactment measures (Congressional Pork Barrel): If you allow the Congress to legislate, you
allow them to control the money. That is not allowed.
1. Project identification
a. Program menu legislator
b. Implementing agencies detailed lists
c. Authorized legislators identify PDAF projects outside district
d. Modification or revision project identification House of Representatives or Senate
Committee
2. Fund release
a. Request for release > MUST BE endorsed by the Congress (HOR or Senate Committee)
i. The legislator can withdraw his signature
3. Fund realignment
a. Concurrence required
i. Any realignment can be endorsed
ii. There are departments that can approve of the realignment. But can only be
realigned by the concurrence of the legislator

Presidential Pork Barrel


1. Calamity Fund, Contingent Fund, and the Intelligence Fund
a. Principle of Singular Correspondence
i. Singular purpose (one purpose for calamity fund, contingent, etc)
ii. You may be allowed to peg the amount of budget in percentages
2. Malampaya Fund Other purpose may be directed by the President
a. Finance energy VALID
b. Directed by the President UNCONSTITUTIONAL, cause youre giving the President
power to manage the money wherever s/he wants it to be allocated
3. Presidential Social Fund Priority infrastructure projects
a. Reconstruction in case of calamities
b. Finance priority infrastructure development projects NOT A DEFINED TERM, its
broad hence you dont have a limitation where the money is goingyoure giving the
president unlimited possibilities.

Appropriation
1. Set aside the amount
2. Specified purpose of which the amount is appropriated

The legislators can only approve the amount once the law has already been passed. This cannot be
appropriated to individual people.

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