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President Marcos vetoes sections of GAA

Helen Flores - The Philippine Star
President Marcos vetoes sections of GAA
In a statement yesterday, the Presidential Communications Office said Marcos deleted from the GAA the budgetary item for the DOJ-Office of the Secretary’s revolving fund.
Bongbong Marcos / Facebook Page

MANILA, Philippines — President Marcos has vetoed sections of the P5.768-trillion 2024 General Appropriations Act (GAA), including an allocation of a revolving fund for the Department of Justice (DOJ).

In a statement yesterday, the Presidential Communications Office said Marcos deleted from the GAA the budgetary item for the DOJ-Office of the Secretary’s revolving fund.

“In accordance with my constitutional mandate to ensure that laws are faithfully executed, I am obliged to veto DOJ-Office of the Secretary, Special Provision No. 1, ‘DOJ Revolving Fund,’ Volume I-A, page 1119, inasmuch as there is no law which authorizes the DOJ to establish a revolving fund for the purpose indicated therein,” Marcos said in his letter to Speaker Martin Romualdez and other House members dated Dec. 20.

“It may be emphasized that the service fees sought to be charged and collected are to be imposed upon complaints and affidavits filed with the National Prosecution Service, and petitions for review filed before the DOJ, when, in fact, such pleadings are filed with the said agencies by virtue of their jurisdiction vested by law,” the President said, referring to the planned source of funding for the scrapped item.

He said the charges are clearly not from business-type activities within the contemplation of the General Provision on Revolving Funds in the GAA, which permits the constitution of a revolving fund from receipts derived from business-type activities of agencies to be utilized for the operational expenses of such business-type activities.

Citing a Supreme Court pronouncement, the Chief Executive said “inappropriate provisions” are unconstitutional provisions and provisions which are intended to amend other laws, “because clearly these kind[s] of laws have no place in an appropriations bill.”

These are matters of general legislation more appropriately dealt with in separate enactments, he added.

Marcos also vetoed Section 38 under the General Provisions on the implementation of the National Government’s Career Executive Service Development Program or NGCESDP.

He said that the section does not relate to any particular appropriation in the 2024 GAA.

He noted that Presidential Decree No. 336 dated Nov.14, 1973, amending Part I, Article IV, Sections 2 and 5 [G], of the Integrated Reorganization Plan approved under Presidential Decree No. 1, dated Sept. 24, 1972, which is considered a substantive law, created the Career Executive Service Board (CESB).

He said PD 336 further delineated the functions of the CESB as the governing body for the Career Executive Service (CES) and the Development Academy of the Philippines is tasked to prepare a CES program appropriate and necessary for the organization and operation of the CES and, in consultation with the CESB, initiate and continue to implement the aforesaid program.

He said Section 8 (2), Chapter 2, Subtitle A, Title I, Book V of Executive Order No. 292, s. 1987 (Administrative Code of 1987) – also considered a substantive law – expressly prescribed that entrance to the third level career service position shall be prescribed by the CESB.

Marcos signed the GAA or Republic Act 11975 on Wednesday.

The P5.768-trillion national budget is equivalent to 21.1 percent of the country’s gross domestic product.

In a speech during the budget signing at Malacañang, Marcos said the 2024 national appropriation is the government’s “battle plan” to address poverty, illiteracy and the challenges besetting food security, health, employment and national security.

Among the sectors allowed greater allocation for next year are transportation, defense and education.

DEPARTMENT OF JUSTICE

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