The Never Ending Democratization of the Philippines
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The top officials of the Department of Agriculture led the questionable
implementation of its fertilizer subsidy program. The department disbursed
funds meant to buy fertilizers. Cooperatives and foundations were supposed to
be the recipients. In the Senate hearings, the supplier admitted to overpricing
the fertilizers. Worse, the fertilizers were so diluted and were practically
useless. This was only a part of the impunity with which the procedures were
bent to suit the self-interest of the President's political coalition. It was also
admitted in the hearings that there was an illicit group of brokers who were
ready to facilitate the paper work, like providing ghost cooperatives and
foundations, for the illegal transaction. This group of fixers also helped the
recipient politician by facilitating the release of the subsidy.
In addition to the appropriated monies, the President also has authority
over official development assistance. The National Broadband Project to be
financed 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 definition of
delegative authority. In its Senate Committee Report 743 dated November 11,
2009, the committee says:
This is a story of how people in high places—the relatives of the most powerful
men and women in government—took advantage of their relationships, either
with their parents or spouse, to cajole the Executive into entering a national
broadband contract that would obtain something our country does not need
and which is manifestly disadvantageous to the Filipino people. It is about the
war of the most powerful, most influential and most organized syndicates in
government, some members of which are public officers, who were at each
other's throats because of an alleged double-cross. It is about the never-ending
battle among the political elite for economic power, domination and control.
(Senate Committee Report 743 November 11, 2009: 4).
Unlike the fertilizer scandal which was implemented with impunity, the
National Broadband Project was cancelled by President Arroyo during the
hearings conducted by the Senate. The important lesson that should not be
missed here is: the execution of a questionable project can be stopped by a
timely exercise of Congress of its functions of oversight and investigation in aid
of legislation.
The disbursement of the legislators' development fund, and the
executive power over the execution of the expenditure program as well as the
official development assistance, show how the powers of the executive could
employ delegative authority. The challenge in these cases is how to make the
executive accountable for this self-interested exercise of his powers. This
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