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Carpio: PDAF ‘unconstitutional’

Supreme court

‘PDAF is unconstitutional.’

Senior Justice Antonio Carpio on Tuesday hits out at the Priority Development Assistance Fund (PDAF), tagging it as ‘unconstitutional.’

“This is very simple … you can declare the PDAF (facially) unconstitutional,” Carpio said during the oral arguments on PDAF which the Supreme Court allowed to be broadcasted.

Carpio insisted that in declaring PDAF unconstitutional, it doesn’t need to cite a Commission on Audit report on PDAF since the President sharing powers with the House or Senate is already unconstitutional.

“In project identification, when legislature’s concurrence is needed, it is binding already on the Executive,” Carpio said.

Carpio added that based on law, Cabinet Secretaries are also not allowed to realign funds.

“That the Cabinet secretary can realign, that’s unconstitutional. That the Senate committee and House committee can concur with the realignment, that’s unconstitutional. That the legislator can identify a project and that’s binding on the executive. That’s unconstitutional, correct?”  Carpio said.

The Senior Justice also said that the provisions in the 2013 lump sum appropriation released by the Department of Budget and Management also violated the law.

Carpio also made it clear that President Aquino cannot spend the PDAF without concurrence or agreement from the House Appropriations Committee and Senate Finance Committee.

The Supreme Court already issued a Temporary Restraining Order (TRO) against the PDAF and the controversial Malampaya fund as well as the Presidential Social Funds last month after news broke out that all funds stated were being pocketed.

 

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