CEBU, Philippines - For lack of proof, the Supreme Court of the Philippines denied the petition filed by Lawyers Against Monopoly and Poverty (LAMP) over the alleged misuse of pork barrel by legislators.
Associate Justice Jose Catral Mendoza cleared the Secretary of Budget and Management, the Treasurer of the Philippines, the Commission on Audit, the President of the Senate and the Speaker of the House of Representatives in representation of the members of the congress from charges.
Earlier, the LAMP filed a certiorari questioning the legality of the implementation of the Priority Development Assistance Fund (PDAF) as provided for in Republic Act 9206 known as General Appropriations Act (GAA) of 2004.
They asked the Supreme Court to stop the release of the budgetary allocations to the lawmakers as pork barrel funds out of PDAF.
In their answer to LAMP’s allegations, respondents said the petition “lacks legal and factual grounds” as it was based only on media reports.
“It cannot be gain said then that the petition cannot stand on inconclusive media reports, assumptions and conjecture alone. Without probative value, media reports cited by the petitioner deserve scant consideration especially the accusation that corrupt legislators have allegedly proposed cuts or slashes from their pork barrel,” respondents said.
Mendoza in his decision ruled in the negative.
He said the question is whether or not the release of PDAF under GAA of 2004 violates the constitutions or the laws.
“To justify the nullification of the law or its implementation, there must be a clear and unequivocal, not a doubtful, breach of the constitution,” decision reads.
He added that based on LAMP’s allegations, there was no convincing evidence that the release of PDAF to the members of the congress was made in their discretion.
“Not even a documentation of the disbursement of funds by the DBM in favor of the members of congress was presented by the petitioner to convince the court to probe into the truth of their claims,” decision reads.
Mendoza added the evidence presented by the petitioner cannot be appreciated by the court.
“Again, newspaper or electronic reports showing the appalling effects of PDAF cannot be appreciated by the court not because of any issue as to their truth, accuracy, or impartiality, but for the simple reason that facts must be established in accordance with the rules of evidence,” decision reads.
Mendoza said he found no question as to the “patriotism and good motive” of the LAMP in filing the petition but they failed to prove the same.
LAMP is a group of lawyers who have banded together with a mission of dismantling all forms of political, economic or social monopoly in the country.— (FREEMAN)