MARCH 12, 2015

NR # 3768B

Are DBMs budgetary policies, a threat to separation of powers?

The bi-partisan leaders of the House of Representatives have expressed concern over what
they consider as budgetary policies of the Executive Department that threaten its independence
as a co-equal branch of government.
Speaker Feliciano Belmonte, Jr., Committee on Accounts Chairman Eleandro Jesus
Madrona, Majority Leader Neptali Gonzales II and Minority Leader Ronaldo Zamora are
principal signatories to House Concurrent Resolution No. 10.
HCR No. 10, referred to the Committee on Appropriations for proper consideration, is a
measure affirming, ensuring and operationalizing the fiscal independence of the Congress of the
Philippines.
The present budgetary policies formulated by the Executive, through the Department of
Budget and Management, insofar as they apply to the Congress of the Philippines (HRep and the
Senate), threaten its independence, encroach on its exclusive domain and violate the principle of
separation of powers, upon which the entire fabric of our constitutional system is based, the
House leaders stressed.
The House leaders, confident of a Senate concurrence, reiterated that the imposition by
the DBM of restrictive policies, rules, procedures, guidelines and conditions relative to the
release and utilization of appropriations, applicable only to executive offices and agencies, on the
Congress of the Philippines, is an undue encroachment on the exclusive domain of the legislature
and a violation of the principle of separation of powers.
The House leaders noted that the Judiciary and other constitutional bodies, to safeguard
and guarantee their independence, enjoy the full control of their financial affairs while Congress
is subjected to regulations similarly imposed on executive agencies.
The legislative power vested in the Congress of the Philippines is plenary, complete,
unimpaired and subject only to such limitations as are found in the Constitution, the signatories
stressed.
To ensure and operationalize the fiscal independence of Congress, the HCR proponents
said the following policies and procedures are needed to be adopted:
a. The Senate and the House of Representatives (HRep) shall have full autonomy in
determining the appropriations required for their operations. Their budget proposals shall be
submitted to the Office of the President, through the DBM but shall not be subject to the same
process of evaluation, budgetary guidelines and standards applicable to the other agencies of the
National Government. The amount of appropriations as proposed and determined by the Senate
and the HRep shall be included in the annual budget of the National government without
reduction, alteration or modification.

b. The appropriations provided for the Senate and the HRep under the General
Appropriations Act and other appropriations laws shall be fully and automatically released,
together with the corresponding Notice of Cash Allocation, by the DBM, at the start of the
calendar year, without condition, limitation or restriction.
c. The Senate and the HRep shall enjoy flexibility in the utilization of funds appropriated
for their operations.
d. The Senate President and the Speaker of the HRep, in accordance with the authority
granted to them under the Constitution to augment any item in the general appropriations law for
their respective offices from savings in other items of their respective appropriations, and within
the limits provided by accounting and auditing rules and regulations may use their savings for the
incurrence of obligations that will enhance the operations and services of their respective
offices.
e. The Senate President and the Speaker of the HRep, in accordance with the authority
granted to them under the Constitution to augment any item in the general appropriations law for
their respective offices from savings in other items of their respective appropriations, may fix and
determine the salaries, allowances and other benefits of their officials and employees and
determine and address the budgetary requirements of their personnel, committees and service
units as they may deem necessary given the exigencies and in the best interest of the service.
f. Unexpended year-end balances of approved appropriations for the Senate and the HRep
shall remain valid and shall continue to be available for expenditure until fully spent. Cash
allocations to the Senate and the HRep shall remain under their control and accountability,
subject to accounting and auditing rules and regulations. Unexpended balances of the NCSs prior
to their lapsing may be transferred to an authorized local bank account in the name of the Senate
or the HRep.
g. Fees, receipts and income received by the Senate and the HRep from other sources
shall be deposited in an authorized local bank to be made available for any function, projects and
activity.
h. Subject to accounting and auditing laws and rules, both Houses may adapt rules and
regulations governing allocations, expenditure and utilization of funds appropriated for their
operations.
A fundamental principle in our system of government is the separation of powers, which
recognizes that the Executive, the Legislative and the Judiciary are supreme within their own
spheres and have exclusive cognizance of matter within their respective jurisdictions. Thus, one
branch may not encroach on the domain or exercise the powers of the others, HCR states.
Despite this power, Congress, over the past 15 years, was allocated only an average of
of 1% of the national budget, the House leaders revealed. (30) dpt