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Digest Case Belgica Vs Ochoa

This document summarizes a court case regarding the constitutionality of the Philippine pork barrel system. It describes the facts of the case, which involve whistleblower affidavits alleging billions of pesos were swindled through dummy non-government organizations. The substantive issues considered whether the 2013 Priority Development Assistance Fund and presidential pork barrel were unconstitutional. The court ruled the entire 2013 PDAF and all past and present congressional pork barrel laws were unconstitutional, and presidential decrees authorizing pork barrel fund releases failed to meet the sufficient standard test for delegation of legislative power. The court struck down the entire pork barrel system as unconstitutional.

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Lita Aguillos
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478 views2 pages

Digest Case Belgica Vs Ochoa

This document summarizes a court case regarding the constitutionality of the Philippine pork barrel system. It describes the facts of the case, which involve whistleblower affidavits alleging billions of pesos were swindled through dummy non-government organizations. The substantive issues considered whether the 2013 Priority Development Assistance Fund and presidential pork barrel were unconstitutional. The court ruled the entire 2013 PDAF and all past and present congressional pork barrel laws were unconstitutional, and presidential decrees authorizing pork barrel fund releases failed to meet the sufficient standard test for delegation of legislative power. The court struck down the entire pork barrel system as unconstitutional.

Uploaded by

Lita Aguillos
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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GR 208560, 11 November 2013

Belgica vs Ochoa

Facts:

The affidavits of six (6) whistle blowers who alleged that the Janet Lim Napoles
(JLN) Corporation, using dummy Non-Government Organizations, swindled in billions of
pesos the Philippine Government and the ensuing investigations by the National Bureau
of Investigation cause the filing of this petition.

Petitioners filed an Urgent Petition for Certiorari and Prohibition with Prayer for
the Immediate Issuance of Temporary Restraining Order and/or Writ of Preliminary
Injunction on the Pork Barrel System embodied in the General Appropriations Act of
2013 which include the 2013 PDAF, the Malampaya Funds and the Presidential Social
Fund to be declared null and void as manifest acts of grave abuse of discretion; hence,
unconstitutional.

The Pork Barrel System in the Philippines, a discretionary fund of Members of


Congress which later evolved to reference certain funds of the Executive of the same
nature, dates back to Pre-Martial Law Era as early as 1922, continued in the Martial
Law Period, Post-Martial Law Era, the Ramos, Estrada, and Macapagal-Arroyo
Administrations and the present Aquino Administration.

Substantive Issues:

1. On Congressional Pork Barrel: Whether or not the 2013 PDAF Article and all other
Congressional Pork Barrel Laws similar thereto are unconstitutional.

2. On Presidential Pork Barrel: Whether or not there is undue delegation of legislative


power.

Ruling:

1. Yes. The entire 2013 PDAF Article and all legal provisions past and present
Congressional Pork Barrel Laws are unconstitutional. All acts relating thereto are
deemed acts of grave abuse of discretion amounting to lack or excess of
jurisdiction.

2. Yes. PD 1869 as amended by PD 1993 which authorizes the fund releases failed to
meet the Sufficient Standard Test in violation of the principle of non-delegability of
legislative power.

The Court strikes down the Pork Barrel System as unconstitutional in view of the
inherent defects within which it operates. For as long as this nation adhere to the rule of
law, any multifarious unconstitutional methods and mechanism should never again be
adopted in any system of governance, by any name or form, by any semblance or
similarity, by any influence or effect.

The issued temporary injunction is declared permanent. In view of the Constitutional


violations, the petition is granted with prospective effect.

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