SC Justice Says Pnoy Can’t Abolish Pork Barrel

On the second day of the oral arguments on Thursday over the constitutionality of the lawmakers’ discretionary fund, Associate Justice Antonio Carpio said President Benigno Aquino III cannot abolish the pork barrel on his own.

Justice Carpio, the most senior justice of the Supreme Court, explained that the Priority Development Assistance Fund (PDAF), commonly known as the pork barrel, can only be abolished if Congress passes a law to repeal it, or the High Court declares it unconstitutional.

Carpio said “At most, the President has the power to suspend further expenditure if there are anomalies. The president has the power to stop and investigate.”

“He has no legal power to abolish PDAF.” he said.

Solicitor General Francis Jardeleza has concurred with the Justice’s statement noting that the President “has a general power to stop releases.” Gma news online report said.

Earlier at the session, the Solicitor General petitioned the High Court asking to lift the temporary restraining order (TRO) on PDAF and to allow the political branch of government to solve the issue on its own.

However, Carpio replied that it was the High Court’s duty to resolve the case at hand.

“A judicial review is a duty of the Judiciary to strike down any branch of government [that has performed] abuse of discretion… We have taken an oath… You are asking too much from this Court, counsel.” The Justice said.

Reports said that by November, the High Court will decide on PDAF’s constitutionality.

Last August, Pnoy suspended the releases of lawmakers’ pork barrel amid public outrage on the alleged P10-billion pork barrel scam. In a later press briefing, the president said it was time to abolish the PDAF, in a departure from his earlier statements. The president’s declaration came days before a mass gathering against the PDAF was held in Luneta Park, Gma news online reported.

The pork barrel has been placed in controversy recently after an alleged scam funneling billions from lawmakers’ funds into bogus NGOs has surfaced. Janet Lim-Napoles, the supposed mastermind of the scam, is currently detained on charges of serious illegal detention, Gma news online reported.

Source: Gma news online