SC stops DBM from releasing remaining PDAF

MANILA, Philippines - The Supreme Court (SC) stopped yesterday the executive department from releasing the remaining P24.79-billion Priority Development Assistance Fund (PDAF) in this year’s budget.

President Aquino suspended releases of the remaining PDAF for 2013 several days ago.

Issuing a temporary restraining order (TRO), the SC also enjoined Malacañang from releasing a portion of the Malampaya Funds allotted to projects under the discretion of President Aquino.

The TRO is effective immediately and until further orders from the SC.

It was directed to the Department of Budget and Management, the National Treasurer and the Office of the Executive Secretary.

SC spokesman Theodore Te said the TRO is not a restraint on the power of the purse of Congress.

“The act restrained is the release of PDAF, not the inclusion of PDAF,” he said.

“It does not affect the GAA (General Appropriations Act for 2013) because it does not annul any provision of GAA. A TRO cannot do that.”  

Te said the SC has the power to enjoin an act of a co-equal branch of government.

“Under separation of powers, it is precisely the role of the Court to check on Congress’ power of the purse,” he said.

“But take note that the TRO does not do that; it only maintains the status quo until the determination can be made as to legality of PDAF. In this case, Congress is not restrained – only the executive.” 

A check with Department of Budget and Management   website (www. pdaf.dbm.gov.ph) showed that P11.58 billion from PDAF has been released so far, which means P13.21 billion is left.

The SC granted the   consolidated petitions of former senatorial candidate Greco Belgica and former Boac, Marinduque Mayor Pedrito Nepomuceno questioning the constitutionality of PDAF   and the use of Malampaya Funds for projects not related to energy.

The TRO also covered the Malampaya Funds whose disposition is governed by   Presidential Decree 910.  –  With Paolo Romero, Marvin Sy