Case Digest (G.R. No. 208566) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In late 2013 various petitioners–including Greco A. Belgica et al., the Social Justice Society, and Pedrito M. Nepomuceno–filed consolidated Rule 65 actions challenging “pork barrel” appropriations. They assailed Title XLIV of the 2013 General Appropriations Act (GAA), which created the Priority Development Assistance Fund (PDAF), and presidential decrees establishing the Malampaya Fund (P.D. 910) and the Presidential Social Fund (P.D. 1869, as amended by P.D. 1993). Their complaints alleged that these mechanisms allowed Members of Congress and the President to direct lump-sum public funds to local projects without proper constitutional restraints. The petitioners sought a temporary restraining order, certiorari and prohibition, and detailed disclosures of how these funds had been spent. On 10 September 2013 this Court issued a TRO halting releases of the remaining PDAF allocations for 2013 and certain uses of the Malampaya Fund. The Commission on Audit (COA) had published a 201 Case Digest (G.R. No. 208566) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Nature and Parties
- Consolidated Rule 65 petitions:
- G.R. No. 208566 (Belgica, et al. vs. Ochoa, Abad, De Leon, Senate & House).
- G.R. No. 208493 (Alcantara vs. Drilon, Belmonte).
- G.R. No. 209251 (Nepomuceno vs. Aquino, Abad).
- Challenge to the “pork barrel system,” i.e.:
- Congressional pork barrel (PDAF, CDF, “insertions”).
- Presidential pork barrel (Malampaya Fund, Presidential Social Fund).
- Evolution of the Pork-Barrel System
- American-English origin; first Philippine form in Act 3044 (1922).
- Pre-, during, post-Martial Law tweaks (e.g., SLDP 1982, CDF 1989–1998, PDAF 2000–2013).
- “Congressional Insertions” and off-budget accounts (DepEd, DPWH, PAGCOR, etc.).
- CoA Report and Recent Events
- CoA special audit (2007–2009):
- P8.374 B PDAF and P32.664 B VILP releases reviewed.
- Widespread irregularities: out-of-district projects, NGO ghost projects, procurement lapses.
- NBI and Ombudsman probes into Janet Lim-Napoles syndicate.
- Criminal complaints for plunder and malversation filed against lawmakers.
- Procedural History
- Aug 28–Sept 5, 2013: filing of three petitions.
- Sept 10, 2013: En Banc TRO enjoining release of remaining 2013 PDAF and certain executive funds.
- Public respondents comment; petitioners reply.
- Oral arguments Oct 8 & 10; memoranda filed.
Issues:
- Procedural
- Congressional Pork Barrel
- Presidential Pork Barrel
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)