The Never Ending Democratization of the Philippines
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This questionable provision of the Decree has been a bone of contention
between Congress and Malacañang. At the start of the Aquino revolutionary
government in 1986, the President decided to honor the foreign debts incurred
by Marcos. The automatic appropriation provided for in the decree was
adopted. The alternative policy of trying to negotiate for a condonation of the
debts with foreign governments, international nancial institutions and
multinational banks was shelved. Hence, the budget process established
during martial law persisted, and reinforced the authoritarian mindset of the
executive and legislators as regards public nance. This practice may now be
closely reviewed by Congress in view of the Supreme Court rulings in Araullo,
et. al vs. Aquino III, et. al. and Belgica, et. al. vs. Ochoa, et.al. These rulings are
expected to democratize public nance.
The democratization of public nance could be aided by the revision of
Republic Act 7640—An Act Constituting the Legislative-Executive
Development Advisory Council (LEDAC). The Council should be
strengthened in terms of more meaningful interaction between the executive
and legislative branches by way of providing all members of the House of
Representatives and the Senate quarterly expenditure programs of the different
departments under the President. This could be accomplished through the
creation of a subcommittee on budget (Rule VII, Implementing Rules and
Regulations of RA 7640). The minority in Congress should be represented in
this subcommittee. The subcommittee should have access to all information
about budget preparation and particularly execution. This should make the
members of the minority up to date about the budget priorities, releases, lineitem veto, realignments, and savings and hence, could better perform its
oversight function. A senior leader of the 16th Congress sees the importance of
achieving transparency through access to information about budget execution.
Some leaders of Congress recently led a bill requiring the Department of
Budget and Management to report to the House Committee on Appropriations
its execution of the General Appropriations Act. They also led the Freedom of
Information bill. If adopted these measures could provide access to information
and prevent the diversion of scarce funds for unintended purposes like the case
of the Fertilizer Scam and the pork barrel scandals. This would also enable
Congress to monitor the personnel services of all departments and prevent
“conversions” practiced in the Armed Forces of the Philippines. But President
Aquino did not certify the bills as urgent and these are still pending in Congress.
Finally, the Judicial Executive Legislative Advisory and Consultative
Council (JELACC) should also be strengthened. This council was formed
through a Memorandum of Agreement on May 13, 2008. The need for this
council was rst proposed in 2007 by Senator Francis Pangilinan in order to
address the problem of summary executions and disappearances of political
activists. But what was established in 2008 was an advisory and consultative
council which aims to “institutionalize consultation, cooperation, and
coordination in pursuit of the rule of law and advancement of our nation”
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