BELGICA VS. OCHOA, JR.

, 710 SCRA 1(2013)

FACTS

Pork Barrel refers to an appropriation of gov't spending meant for localized projects and secured to bring money to
the representative's district.

In July 2013, NBI probed into the allegations that the gov't has been defrauded 10B pesos over the past 10 years
through ghost projects. Six whistle blowers identified Janet Lyn Napoles JLN Corp liable.

CoA disclosed the results of a three year audit investigation of legislators' PDAF. Among the results are excessive
allocations and fund transfers without appropriations.

Outraged, Samson Alcantara, president of social justice society filed a petition for prohibition of even date seeking
that the pork barrel system be declared unconstitutional.

In Sept 2013, Greco Belgica and others filed an urgent petition for certiorari and prohibition praying for the urgent
issuance of temporary restraining order and/or writ of preliminary injunction
ISSUES
1.

WON the 2013 PDAF Articles and all other Congressional Pork Barrel Laws similar to it are constitutional given
that they are violative of the constitutional provisions on separation of powers, non delegability of legislative
power, checks and balances

2.

WON the Malampaya Funds and Presidential Social Fund constitute undue delegation of legislative power

HELD
1

YES. Legislators have been consistently accorded enactment authority to identify projects post-GAA in
the areas of project identification, fund release, and re-alignment thus, a clear violation of the separation of
powers principle.

Under the 2013 PDAF Article, the amount of P24.79 Billion only appears as a collective allocation
limit which will then be divided among legislators and which in turn appropriate their PDAF funds on their
own discretion impairing the Presidents power to veto which is a violation of the principles of checks and
balances.

YES. The 2013 PDAF Article violates the principle of non-delegability since legislators are effectively
allowed to individually exercise the power of appropriation which is lodged in Congress pursuant to
Section 29(1), Article VI of the 1987 Constitution.