Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasan Hills, Quezon City

SIXTEENTH CONGRESS
First Regular Session

1535

House Bill No.

Introduced by
BAYAN MUNA Representative Neri J. Colmenares, ACT Teachers Party-List
Representative Antonio L, Tinio, GABRIELA Women’s Party Representative Luz llagan
‘and Representative Emmi de Jesus, ANAKPAWIS Representative Fernando Hicap,
KABATAAN Representative Terry Ridon, and BAYAN MUNA Representative Carlos
Isagani Zarate

AN ACT
ABOLISHING THE “PORK BARREL” SYSTEM.
BY PROHIBITING THE ALLOCATION
AND USE OF FUNDS FOR SUCH PURPOSE

EXPLANATORY NOTE

Once again, corruption involving the so-called “pork barrel” is in the news. The
alleged channeling of legislators’ Priority Development Assistance Fund (PDAF)
and other lump sum funds of government by the JLN Corporation to bogus
NGOs for ghost projects amounting to a mind-boggling P10 billion could very
well prove to be one of the biggest corruption rackets in our nation’s history.

Whistleblowers have linked 28 legislators, including five Senators and 23 House.
Representatives, to the pork barrel scam, which allegedly took place over a period
of 10 years, funnelling billions through dummy non-government organizations
(NGOs) and into the pockets of politicians and private individuals.

Por barrel funds have long been recognized as a massive source of graft and
corruption. Kickbacks (the so-called “S.O.P”) ate seen as the cost of doing politics
as usual, Itis the pork bartel system that enables the patronage politics pervading
all levels of government, from the barangays to Malacafiang. ‘The Aquino
administration has proven itself to be no less adept than its predecessor at making
use of PDAF and other lump sum funds as a tool for imposing its will on
Congress, reducing its role to a mere rubbetstamp on many issues.


Severe limitations in validation and auditing, as well as the scope and number of
projects involved, have always prevented a thorough and nationwide check of the
use of legislative and Presidential pork barrel funds. Proof of this is the current
scam, which allegedly took place over a ten year period, right under the noses of
agencies tasked with ensuring checks and safeguards.

In short, the pork bartel system is a form of institutionalized patronage and
officially tolerated graft and corruption, Contrary to claims by other legislators
that more and better safeguards can be implemented to prevent abuse, the current
scam proves that the pork barrel system is beyond salvaging and should be
abolished.

We have consistently stood for the abolition of PDAF and the whole pork barrel
system, even as we recognized that, up to this point, such a position would make
little headway in Congress. However, we are confident that the righteous public
outrage generated by the sheer magnitude of the plunder allegedly perpetrated
through this P10 billion pork barrel scam will provide the momentum needed to
move this issue forward.

“This bill aims to abolish the pork barrel system by prohibiting the President from
providing a budgetary item or including in the proposed budget submitted to
Congress every fiscal year any lump sum allocations to the PDAF and similar lump
sum, discretionary funds. Aside from the legislators’ pork barrel, the bill shall also
abolish the President's pork barrel funds, such as the President’s Social Fund and
the Malampaya Fund.

Approval of this bill is earnestly sought.


Approved,

red d
Rep. CARLOS Bias)  RUES ZARATE Rep. FERNANDO I

Bayan Muna Party-list Anakpawis Party-list
Rep. LUZVIMINDA C. ILAGAN _Rep. ANTONIO L. ate
Gabriela Women's Party ACT Teachers Party-list

peor

Rep. EMMI A. DEAESUS
Gabriela Women’s Party

Kabataan Parelist


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasan Hills, Quezon City

SIXTEENTH CONGRESS
First Regular Session

House Bill No. 1535

Introduced by
BAYAN MUNA Representative Neti J. Colmenares, ACT Teachers Party-List
Representative Antonio L. Tinio, GABRIELA Women’s Party Representative Luz Tlagan
and Representative Emmi de Jesus, ANAKPAWIS Representative Fernando Hicap,
KABATAAN Party-List Representative Terry Ridon, and BAYAN MUNA
Representative Carlos Isagani Zarate

AN ACT
ABOLISHING THE “PORK BARREL” SYSTEM
BY PROHIBITING THE ALLOCATION
AND USE OF FUNDS FOR SUCH PURPOSE

Be it enacted by the Senate and the Flouse of Representatives of the Philippines in Congress assembled:

SECTION 1, Reiteration of State Policies, Public office being a public trust, the State shall
maintain, in all levels of government, honesty and integrity especially with regard to public funds,
and shall take positive and effective measures against graft and corruption. Government shall
ensure that every cent from the public purse is used towards attaining real and comprehensive
development, equitable distribution of income and wealth, and a sustained increase in production
of goods and services for the benefit of the people, especially the underprivileged—and none for
patronage and traditional politics.

SECTION 2. Abolition of the legislative “pork barre!” funds by prohibiting the
allocation of funds for the same, Fot the Fiscal Year 2014 and the fiscal years thereafter, the
Office of the President is hereby prohibited from providing a budgetary item or including in the
National Expenditure Program and its accompanying books lump sum allocations to a budgetary
item called “The Priority Development Assistance Fund,” or any other budgetary item
otherwise named differently but allocating for members of the House of Representatives and the
Senate, an amount for “soft programs and projects” and “infrastructure projects” to be
identified by the legislators.

SECTION 3. Abolition of the Presidential “pork barrel” funds by prohibiting the use by
the President of fees, revenues and receipts from the exploration, development and
exploitation of energy resources and funds from revenue-generating agencies called
“President's Social Fund.” ‘The President is prohibited from allocating, releasing, disbursing
or realigning any amount from Special Account in the General Fund 151, including that which is
generally referred to as the “Malampaya Fund,” or any other special fund named differently but


consisting of the fees, revenues and receipts from the exploration, development, and exploitation
of energy. ‘The provisions under Section 8, Par. 2 of of any other provision in Presidential
Decree 910 inconsistent with this Act is hereby expressly repealed.

“The President is prohibited from allocating, releasing, disbursing ot realigning receipts sourced
from PAGCOR, the PCSO or other revenue generating agencies generally referred to as the
President’s Social Fund or any other fund, otherwise named differently but consisting of receipts
from PAGCOR, PCSO and other revenue generating agencies.

‘The funds referred to in this Section shall form part of the General Fund, the use of which shall
only be allowed if provided under the General Appropriations Act approved by Congress.

SECTION 4. Repealing Clause. All laws, including the pertinent provisions in the charters of
the Philippine Amusement and Gaming Corporation (PAGCOR), the Philippine Charity
Sweepstakes Office (PCSO), and the Energy Development Corporation (EDC), and decrees,
resolutions, orders, or ordinances ot parts thereof inconsistent with this Act are hereby repealed,
amended or modified accordingly.

SECTION 5. Effectivity, This Act shall take effect fifteen (15) days after its publication in the
Official Gazette of in two newspaper of general circulation.

Approved.