People's Initiative Letter to Orgs

8/11/2019 People's Initiative Letter to Orgs

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October 11, 2014

Greetings of solidarity!

The pork barrel of the President and the Congress have been

exposed and condemned by the Filipino people as major sources of graft

and corruption and of patronage politics and detrimental to the poor and

the Filipino people. It is high time for the Filipino people to use the extra-

ordinary power granted to them by the Philippine Constitution and to

exercise their sovereign power to enact legislation.

Quoting theInitiative and Referendum Act of 1989:

Private Citizens can push for the passage or amendment of a law by

having a petition signed by at least 10% of all registered voters and at

least 3% in every legislative district.

The Act entitled An Act Abolishing the Pork Barrel System abolishes the

presidential and congressional pork barrel, mandates line item budgeting

prohibits and criminalizes appropriation and use of lump sum

discretionary funds, and penalizes violators with six years and one day to

ten years imprisonment and disqualification from holding public office. A

copy of the petition/bill is attached in this letter.

In this light, the College of Arts and Sciences Student Council will

be organizing a Peoples Initiative petition sign-up booth on October 23

and 24 at the Rizal Hall lobby, and we are inviting your organization to

be part of this endeavor to abolish the Pork Barrel System through at

least two of any of the following methods:

Promotions and public relations through liking and sharing

online publicity materials

Pledging of at least 5 valid Filipino voters from your organization

to sign-up in the petition.


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Volunteering to facilitate and look after the PI sign-up station on

October 23 and 24

Holding an Educational Discussion on the Pork Barrel System and

PI in your organization and constituents

Releasing of Solidarity Statements in support of the Peoples

Initiative movement

For your organizations confirmation, please text Al Omaga

(Contact Number: (0926) 826 1932)and send a logo of your organization

to be included in the publicity materials of the event to

[email protected] deadline of confirmation is on October

17, 2014.

For inquiries, you may text the signatory through the contact

details provided below. Thank you and we are looking forward to your

positive response!

With you in service,

(SGD.) Alfe Omaga

(0926) 826 1932

[email protected]

Councilor for National and Local Solidarity

College of Arts and Sciences Student Counci

Noted by,

(SGD.) Rodel Cahiyang

Chairperson

College of Arts and Sciences Student Counci
mailto:[email protected]:[email protected]:[email protected]:[email protected]


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REPUBLIC OF THE PHILIPPINES

COMMISSION ON ELECTIONS

MANILA

IN RE: A PROPOSAL TO ENACT

A NATIONAL LEGISLATION

ENTITLED AN ACT ABOLISHING

THE PORK BARREL SYSTEM

THROUGH PEOPLES INITIATIVE,

E.M. Case No. ___

Mary John Mananzan and

Romualdo G. Kintanar and the

(total number of signatories)

Petitioners signed hereunder

X - - - - - - - - - - - - - - - - - - - - - - -/

PETITION

PETITIONERS, pursuant to Republic Act No. 6735 and ComelecResolution No. 2300, as amended, unto this Honorable Commission on Elections,

most respectfully state and aver that:

The Petitioners

1. We, the Petitioners, are _______________ (total number of signatories)Filipinos and all registered voters of this country who affixed our signatures to this

Petition which, per Certification issued by this Honorable Commissions ElectionRecords and Statistics Department (ERSD), is equivalent to __ percent (___%) of

______________, the total number of registered voters as of the last nationalelections, wherein each legislative district is represented by at least three percent


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(3%) of the total number of registered voters therein. Said Certification is attached

herewith as Annex A.

2. We voluntarily affixed our signatures to this Petition proposing to enact anational legislation entitled AN ACT ABOLISHING THE PORK BARREL

SYSTEM through Peoples Initiative under Article VI, Section 32 of thePhilippine Constitution and the Republic Act No. 6735, otherwise known as the

Initiative and Referendum Act.

3. We file the above proposition due to the failure of Congress to abolish and

criminalize the patronage and graft-riddled pork barrel system, consistent with

Article II Section 28 of the Philippine Constitution, which provides that TheStateshall maintain honesty and integrity in public service and take positive andeffective measures against graft and corruption.

4. We fully understand the proposition, discussed its rationale, its advantagesand disadvantages, as well as its consequences and effects, as we have read the full

texts and contents thereof which were likewise clearly explained to us, in our own

dialect or in a language known to us, before we voluntarily affixed our signatureshereto.

5. We, the Petitioners, have duly authorized the:

5.1 Peoples Initiative to Abolish Pork Barrel (PIAP) represented by Mo.Mary John Mananzan with office address 2560 Leon Guinto St.,

Malate, Manila (tel. no. 02-5241524) and Monsignor Romualdo G.

Kintanar with office address Patria de Cebu, P. Burgos St., Cebu City

(tel. no. 032-3180850); and the

5.2. National Union of Peoples Lawyers (NUPL) with office address 3rd

Floor, Erythrina Building, No. 1 Maaralin St, Bgy. Central, QuezonCity (tel. no. 02-9206660)

to represent us, for and in our behalf, to sign any and all pleadings/documentssubsequent and as a consequence hereof, and to do or perform any and all acts

necessary for this Petition to prosper and succeed, before the Commission onElections or any proper court or tribunal.


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6. We file this Petition on our own behalf with the assistance of our aboveduly-authorized representatives, who will represent us, and to whom the processes

of the Honorable Commission may be served at their addresses as indicated above.

7. No public funds have been spent for this Petition.

Cause of Action

8. Petitioners herein propose, as above stated, to enact a national legislationentitled An Act Abolishing the Pork Barrel Systemthrough Peoples Initiativeunder Article VI, Section 32 of the Philippine Constitution and the Republic Act

No. 6735, otherwise known as the Initiative and Referendum Act.

9. The proposition is based on the Philippine Constitution which provides

that TheState shall maintain honesty and integrity in public service and take

positive and effective measures against graft and corruption.(Section 28, ArticleII, 1987 Constitution), and the Supreme Court decision concerning pork barrel in

Belgica, et al. vs. Ochoa, Jr., et al., G.R. No. 208560and that concerning

Disbursement Acceleration Program in Araullo, et al. vs. Aquino III, et al.,G.R.No. 209287;

10. The Rationale of the proposition is that a Constitutional or State Policy is

a direct mandate from the people. It is an expression of the sovereign will of our

people. It is a direct instruction from the sovereign or the people who ratified the

Constitution. As such, the State Policy contained in Article II Section 28 of theConstitution should not be taken lightly. Much more that now, the presidential and

congressional pork barrel have been exposed and condemned by the Filipino

people as sources of graft and corruption and of patronage politics, and theSupreme Court has struck down the DAP and PDAF as unconstitutional.

11. The full text and content of theproposed AN ACT ABOLISHINGPORK BARREL is hereunder stated as follows:

AN ACT
http://sc.judiciary.gov.ph/microsite/pdaf/208560.htmhttp://sc.judiciary.gov.ph/microsite/dap/209287.htmhttp://sc.judiciary.gov.ph/microsite/dap/209287.htmhttp://sc.judiciary.gov.ph/microsite/pdaf/208560.htm


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ABOLISHING THE PRESIDENTIAL AND CONGRESSIONAL PORK

BARREL SYSTEM, STRENGTHENING THE SYSTEM OF CHECKS AND

BALANCES OVER PUBLIC FUNDS, PROHIBITING CERTAIN

ACTS, AND PROVIDING PENALTIES THEREFOR

SECTION 1. Short Ti tleThis Act shall be known as An Act Abolishing the

Pork Barrel System.

SECTION 2. Declaration of State Policies and Pri nciples. This act is a direct

exercise of sovereign power by the people of their authority to enact legislation

reserved by the Philippine Constitution.

The sovereign people affirm the need to establish a system of strict accountability

over the use of public funds to ensure that they are spent solely for functions,

programs, projects and activities that redound to the interest of the people,especially the poor and marginalized sectors of Philippine society.

Recognizing that the pork barrel system is one of the main sources of graft andcorruption and of patronage politics, the State shall ensure that measures designed

to eliminate the rules and practices of the pork barrel system are in place and that

the mechanisms of checks and balances are strengthened.

SECTION 3. Definitions. For purposes of this Act, the following terms shallmean:

(a) Pork Barr elis a lump sum public fund assigned by law, regulation or practice

with sole discretion given to the President, legislator or group of legislators, or anypublic officer. The exercise of discretion by public officers relates to the allocation,

release or use of these public funds, the identification or selection of projects,

implementors or beneficiaries, or any or a combination of or all of these.

(b) A lump sum appropriation is a single but divisible sum of money which serves

as a funding source for unspecified or multiple purposes and leaves the purposes ofthe appropriation and their actual amounts for further determination after the

enactment of the appropriation law. Said appropriationis not itemized or does notspecify the program, activity or project or implementing government agency for


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which it is appropriated, including the allotment class, beneficiaries, and other

matters required to be disclosed by government agencies in their budget estimatesunder existing law.

(c) Impoundment is the act of not spending money appropriated by law.Impoundment may be through rescission or cancellation of the appropriation, or

deferral or suspension of the release of the appropriated funds.

(d) National Offi cialunder this Act refers to the President, head of department ornational agency or his/her respective subordinate, agent, or authorized

representative, and any member of Congress.

(e)Savings refers to any available portion or balance in an appropriation item

under the law, which has become free from any obligation or encumbrance as a

result of (i) the completion or final discontinuance as certified by the President orabandonment, due to fortuitous events, of the work, activity or purpose for whichthe appropriation is authorized; or (ii) the non-payment of compensation and

related costs as a result of vacancies in positions and leaves of absence without

pay; or (iii) the implementation of measures resulting in improved systems andefficiencies that enabled government agencies to meet and deliver the required or

planned targets, programs and services approved in an appropriation law at a lesser

cost.

SECTION 4. General mandatory rules governing appropriations and

disbursement of publi c funds.

(a) All proposed budgets submitted to the Philippines Congress shall contain only

itemized or line-item appropriations, except appropriations for the purpose of

disaster response, contingency fund of not more than 5% of the budget for a

specific item, and for the intelligence/confidential funds of the National SecurityCouncil (NSC), the Department of National Defense (DND) and the Department of

Interior and Local Government (DILG).

(b) The expenditures from allowable lump sums shall be reported immediately to

Congress by the government agency to which the sum has been appropriated and

shall always be subject to a special audit by the Commission on Audit.

(c) All unspent, unreleased, and unobligated funds of any government agency bythe end of the fiscal year shall remain in or revert to the General Fund and shall not


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thereafter be available for expenditure except by a subsequent appropriation law;

Provided, however, that the President, the President of the Senate, the Speaker ofthe House of Representatives, the Chief Justice of the Supreme Court, and the

heads of Constitutional Commissions may authorize their respective government

agency or office to use the savings realized by the agency or office from its regularbudget during the fiscal year to augment any existing appropriation item for the

same agency or office under the general appropriations act; Provided, further, thatthe augmentation may only be done during the same fiscal year when the savings

were realized; Provided, finally, that the power to realign or use savings may notbe delegated to other public officers.

SECTION 5. Appropr iation of special f unds. Within the fiscal year following theapproval of this Act, a report on the financial status of every account including but

not limited to the Malampaya fund, the Motor Vehicles Users Charges and other

off-budget items covered by a special law authorizing the continuous disbursementof funds for a special purpose shall be submitted to Congress. Every fiscal yearthereafter, the President shall submit to Congress a proposed budget for the

disbursement of the special funds in accordance with their purpose as part of the

National Expenditure Program.

SECTION 6. Abolition of the Presidential Social Fund. The share of the

Government in the aggregate gross earnings of the Philippine Amusement andGaming Corporation provided under Section 12 of Presidential Decree No. 1869 as

amended by Presidential Decree No. 1993 shall henceforth be remitted regularly to

the National Treasury and may be used only pursuant to a valid appropriation madeby law. The discretionary authority of the President granted under the aforesaid

Section 12 to use the fund to finance the restoration of damaged or destroyedfacilities due to calamities is hereby revoked.

SECTION 7. Special Offenses. The penalty of imprisonment of six (6) years andone day to ten (10) years and perpetual disqualification from public office shall be

imposed on the following persons for committing any of the following acts:

(a) Any national official who authorizes the spending of public money that is not

covered by or is in violation of any appropriation law;

(b) Any national official who, in violation of Section 4 (a), includes a lump sum

amount in any budget proposal submitted to Congress, or any member of Congresswho approves the inclusion of any lump sum amount in the general or


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supplemental appropriations acts; Provided, that the appropriation of lump sums

for the purpose of disaster response, a contingency fund of not more than 5% of thebudget for a specific item, and for the intelligence fund of the NSC, DND and

DILG shall not be covered by this prohibition;

(c) Any national official who inserts in an appropriation bill provisions allowing

post-enactment intervention by a member or members of Congress in theimplementation of the appropriation measure;

(d) Any member of Congress, or his agent or representative, who directly or

indirectly intervenes or participates in the implementation of any appropriation law

through any post-enactment act or practice, including but not limited toidentification or endorsement of projects, beneficiaries or contractors, or assuming

authority or exercising influence in the release, allocation or realignment of

appropriated funds;

(e) Any national official who declares and utilizes savings outside of the cases

provided in Section 3(e) hereof, or realigns the improperly declared savings;

(f) Any national official who impounds any appropriation or portion thereof by

retention, reduction, rescission or deferral or suspension of release of funds, or any

other means, for whatever reason or purpose, unless there is an official declarationby the President of an unmanageable National Government budget deficit.

(g) Any person including a private individual who persuades, induces, influencesor cooperates with any national official in violating any of the provisions of this

Act shall suffer the same penalty.

The above penalties shall be in addition to the criminal, civil and administrative

liabilities that the national official or private individual may incur under existing

laws.

SECTION 8. Di li gence requi red; presumption. All public officers involved in theapproval, release and disbursement of funds shall exercise extraordinary diligence

in the performance of their functions. When an anomalous transaction is duly


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proved, the public officer responsible for the approval, release or disbursement of

funds shall be presumed to have knowledge of the anomalous transaction.

SECTION 9. Repealing clause. Any law, presidential decree, executive order,

rule or regulation, or any issuance contrary to or inconsistent with the provisions ofthis Act, including Section 12 of PD 1869 as amended by PD 1993, is hereby

repealed, modified or amended accordingly.

SECTION. 10. Amendment or r epeal of thi s Act. This Act may only be repealed,modified or amended by a law that has been approved by the people under the

system of initiative and referendum enshrined in the 1987 Constitution.

SECTION 11.Ef fectivi ty Clause. This law shall become effective after fifteen (15)

days following the completion of its publication in two newspapers of general

circulation by the Commission on Elections.

Enacted this ____ day of ___________________________, through the system of

Peoples Initiative.

12. The herein proposition embraces only one subject the Pork Barrel

System and its abolition which is not one of the exceptions under Republic Act No.6735.

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed that this

Honorable Commission, after due consideration and verification, issue an Order:

1. Finding the Petition to be sufficient in form and substance pursuant to thepertinent provisions of Republic Act No. 6735 and the implementing resolutions of

this Commission;

2. Directing the publication of the Petition in Filipino and English at least

twice in newspapers of general and local circulation; and


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3. Calling a Referendum on a date set by the Commission, to be conducted

under its control and supervision, not earlier than forty-five (45) days but not laterthan ninety (90) days after its Certification on the sufficiency of the Petition, to

allow the Filipino people to express their sovereign will on the proposition.

Petitioners pray for such other reliefs deemed just and equitable in the

premises.

MANILA, PHILIPPINES, __________________.

National Union of Peoples Lawyers3rdFloor, Erythrina Building,

No. 1 Maaralin Street

Brgy Central, Quezon City

Tel. No. 02-920.6660

By:

_________________________Lawyers Roll No. _________

IBP No. _________________

PTR No. _________________

Admitted to the Bar in ______

MCLE Compliance ________

Email address

_________________________Lawyers Roll No. _________

IBP No. _________________

PTR No. _________________

Admitted to the Bar in ______

MCLE Compliance ________

Email address


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We hereby affix our signatures for this Petition to enact legislation entitled An Act

Abolishing the Pork Barrel System through peoples initiative.

For District/Province/City/Municipality of:

Name Address

Legislative

district Signature1.

2.

3.

4.

5.

6.

7.


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8.

9.

10.

Documents

People's Initiative Letter to Orgs