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Chasing the Wind: Assessing Philippine Democracy, Second Edition
According to Maceda, “the accepted practice is for the pork barrel sponsor to
designate the contractor in a rigged bidding procedure”. The sponsor of the
project is expected to receive “kickback” or “tongpats” from the contractor
ranging from 20% to 30% of the total project cost. “Walang tuwid na daan dito” (no
straight path here), Maceda concludes.
The modus operandi for “soft projects” is different. Benhur Luy, the whistle
blower in the Congressional pork barrel scam orchestrated by Janet Lim
Napoles, described another modus operandi for the “soft projects” under the
Priority Development Assistance Project (PDAP) of legislators. These are noninfrastructure projects like training, scholarship, and livelihood projects.
Agents of Napoles inquire with the prospective lawmaker-beneciary if s/he is
willing to connive with Napoles and how much is the lawmaker's preferred
share of the project cost. Fifty percent of the agreed share of the lawmaker is
delivered in cash after s/he endorses the bogus foundations of Napoles as the
beneciary of the project. This endorsement also initiates the process of
releasing the fund for the project through the Department of Budget and
Management. The other half of the lawmaker's share is delivered upon the
release of the funds to the bogus foundation. Three prominent political allies of
former president Gloria Macapagal Arroyo (Senators Juan Ponce Enrile,
Jinggoy Estrada, and Ramon Bong Revilla, Jr.) are facing trial in the Sandigang
Bayan for plunder allegedly through this scheme.
The scandalous “Fertilizer Scam” is another instance where the executive
power to execute the budget had been abused. The Philippine Center for
Investigative Journalism (PCIJ) bared the huge disbursements of the
Department of Agriculture shortly before the May 2004 elections. The Center
alleged the funds were supposed to be fertilizer subsidies for farmers but were
actually diverted to the political allies of President Arroyo because the
supposed beneciaries complained that they did not receive the subsidy from
the Department of Agriculture (Center for Investigative Journalism cited in the
Senate Committee on Agriculture and Food Report). The Senate Blue Ribbon
Committee and the Committee on Agriculture conducted an investigation to
get into the bottom of what is now called the Fertilizer Scam. The Senate issued
subpoenas to public ofcials implicated in the scandal. Private individuals, in
their capacity as ofcers of corporations implicated in the scam, were also
invited to the public hearings. The Senate report states that the administration
raised funds for the election campaign by illegally diverting the Department of
Agriculture's fertilizer subsidies to the farmers. This sizeable fund of about
P728 million was disbursed to the national and local elective ofcials who
composed the political coalition of the administration.
In addition to the appropriated funds, the President also has authority over
ofcial development assistance. The National Broadband Project to be nanced
by the government of the People's Republic of China is another instance of the
employment of delegative authority. The Senate Blue Ribbon Committee could
have very well described accurately the denition of delegative authority. In its
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