The Never Ending Democratization of the Philippines
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incorporated in the Revised Administrative Code and has institutionalized the
executive's power to prepare the budget which has allowed the President to
control the strategic steps of the process, i.e., budget preparation and execution
(Philippine Human Development Report 2008/2009). In the case of Pimentel v.
Carague, et al., the question about the rules on budget preparation and
execution are deemed by the Supreme Court as a political question. Congress
has the power to repeal the Presidential Decree which encroached on its power
of the purse (Pimentel v. Carague, et. al. G.R. No. 94571, April 21, 1991).
At present, the extent of the formal power of Congress is only to decrease
the budget proposed by the President. The moment Congress approves the
national appropriations law, the President takes over its execution. Congress
does not share this power with the executive. In implementing the approved
budget, the President exercises line-item veto, realignment of the budget, and
build up reserves. Here we see that the President has encroached on the House
of Representatives' power over the purse. This encroachment, formalized
during the authoritarian rule of Marcos, endures in the Revised Administrative
Code and other statutes (Philippine Human Development Report 2008/2009).
The release of the legislators' Development Fund, more commonly called
the pork barrel, is also subject to the approval of the President. It has been
publicly admitted by congressmen, particularly those from the opposition, that
their share of the development fund had been withheld by the President. This
has been a compelling reason why legislators switch party affiliation whenever
a new President is elected and assumes the presidency (see Yuko Kasuya 2009).
This is an essential aspect of what has been called the politics of patronage.
The politics of patronage disperses the limited budget of the national
government too thinly. The wide discretion enjoyed by legislators aligned with
the executive in the implementation of their development fund presents the
opportunity for corruption (Martinez 1999: 4) Former Senate President Ernesto
Maceda now a columnist for the Philippine Star stated that “it has been known
for decades that the pork barrel funds are a major source of corruption here and
in the United States” (Maceda December 23, 2010) In his listing of the sources of
pork barrel, the funds come from “the Priority Development Assistance Fund
(PDAF), the Road Users Tax fund, and other congressional insertions” (Maceda
Ibid.). The pork barrel may be explicit or embedded in the budget of
Department of Public Works and Highways and Department of Transportation
and Communication (Philippine Human development Report: 39). The highest
levels of pork barrel occurred in the election years of 2004 and 2007, P8.3 billion
and P11.4 billion respectively (Ibid.) Maceda says that the budget for 2011 has
increased the pork barrel for elective national officials. He lists them as follows:
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