PDAF at the Supreme Court (Day 2)

by Camille Diola 10/10/2013 6:09:50 AM

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3rd & 7 37yd

Jardaleza:
If in case of realignment, legislator will again go to committee, then House/Senate speaker, then forwarded DBM.

by Camille Diola 10/10/2013 6:54:48 AM

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Jardeleza points out the possibility that legislator may substitute a project after initial identification due to contingencies. #PDAFOrals

by Supreme Court PIO via twitter 10/10/2013 6:57:21 AM
Jardeleza insists that the procedure is rigorous:all documents must be submitted,project w/in menu,identification of IA, endorsement.

by Supreme Court PIO via twitter 10/10/2013 6:59:40 AM
Jardeleza suggests that Philconsa is sui generis, allowing for post-GAA identification of projects. #PDAFOrals

by Supreme Court PIO via twitter 10/10/2013 7:05:52 AM
Solgen argues that when non-self executory provisions in previous laws were allowed, there is implied basis to do post-GAA identification.

by Supreme Court PIO via twitter 10/10/2013 7:07:44 AM
Jardaleza:
How do you implement the 1994 PDAF? Unless you recommend a legislator to recommend post-GAA.

by Camille Diola 10/10/2013 7:09:17 AM

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Read Philconsa, being referred to by SolGen and J. Bernabe here: bit.ly/17pAEf3 #PDAFOrals

by Theodore Te via twitter 10/10/2013 7:09:53 AM
J. Bernabe: Philconsa very limited in scope, will that bar SC from conducting a broader inquiry into the entire 2013 PDAF? #PDAFOrals

by Supreme Court PIO via twitter 10/10/2013 7:10:50 AM
Jardeleza: I beg to differ with the Court's characterization; Philconsa allows post-GAA identification, allowing for a lot of housekeeping.

by Supreme Court PIO via twitter 10/10/2013 7:11:37 AM
Jardeleza argues that the remedy does not lie with the Court but with the political branches; the abolition of PDAF is a strong response.

by Supreme Court PIO via twitter 10/10/2013 7:15:04 AM
SolGen Jardaleza:
Corruption has been committed. Where lies the remedy? Does it lie in this honorable court or does it lie in the political branches?

by Camille Diola 10/10/2013 7:15:35 AM

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SolGen Jardaleza:
The House has abolished PDAF, and that is a strong response.

by Camille Diola 10/10/2013 7:16:01 AM

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Just to recap: Being interpellated now is Solicitor General Francis Jardaleza representing the government side in the defense of the "pork barrel" or Priority Development Assistance Fund.

by Camille Diola 10/10/2013 7:19:08 AM

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Jardeleza's line of argument now:
Can problems be solved through the judiciary or through political solutions?

by Camille Diola 10/10/2013 7:19:42 AM

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Jardeleza suggests that the Court may choose avoidance, choosing not to correct but leave this to the political branches. #PDAFOrals

by Supreme Court PIO via twitter 10/10/2013 7:19:53 AM
Solgen says, "(i)f you (SC) do correction, you may dwarf the political capacity of people, deaden their sense of moral responsibility."

by Supreme Court PIO via twitter 10/10/2013 7:21:42 AM
Jardaleza now explaining the PDAF reform in Congress:
Funds will now go to implementing agencies along, and not to NGOs.

by Camille Diola 10/10/2013 7:23:00 AM

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Jardeleza admits there might have been "ghost deliveries" but suggests that prosecutions should go on without SC ruling on PDAF. #PDAFOrals

by Supreme Court PIO via twitter 10/10/2013 7:26:54 AM
Solgen now detailing releases under Malampaya fund (incl to DND (for securing the site), insisting that all related to energy development

by Supreme Court PIO via twitter 10/10/2013 7:30:15 AM
J. Bernabe asks Solgen about President's Social Fund (PSF), particularly to PAGCOR charter. #PDAFOrals

by Supreme Court PIO via twitter 10/10/2013 7:31:26 AM
Jardaleza:
Malampaya funds under Aquino administration were only used for energy-related projects.

by Camille Diola 10/10/2013 7:34:24 AM

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Atty. Rowena Candice Ruiz, Chief,Legal Dept, DBM, is called by J. Bernabe. Atty. Ruiz is asked to outline the budget process. #PDAFOrals

by Supreme Court PIO via twitter 10/10/2013 7:35:11 AM
DBM representative Atty. Rowena Candice Ruiz called to the podium to give a walkthrough of budgetary process.

by Camille Diola 10/10/2013 7:35:26 AM

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Atty. Ruiz is asked to outline process for post-GAA action, particularly on release of funds. At onset, issue budget execution guidelines...

by Supreme Court PIO via twitter 10/10/2013 7:37:04 AM
Ruiz continues…then agency budget matrix, authorizing agencies to obligate other than those that require conditions; SARO is then issued.

by Supreme Court PIO via twitter 10/10/2013 7:38:01 AM
DBM counsel Ruiz:
There are not many releases requested by the implementing agency without concurrence of individual lawmakers.

by Camille Diola 10/10/2013 7:40:56 AM

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Ruiz says that in practice, there are more PDAF fund releases with legislators' endorsements than those without. #PDAFOrals

by Supreme Court PIO via twitter 10/10/2013 7:41:25 AM
CJ Sereno now speaking.

by Camille Diola 10/10/2013 7:42:07 AM

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CJ Sereno continues interpellation of Atty. Ruiz; she is asked about sec. 39 of the Revised Administrative Code (authority to use savings)

by Supreme Court PIO via twitter 10/10/2013 7:43:43 AM
Bersamin asks TAn if she remembers a disbursement made without a priority list; Chair Tan says she does not remember any such. #PDAFOrals

by Supreme Court PIO via twitter 10/10/2013 10:47:33 AM
SAJ Carpio gives instructions on the submission of memoranda by Oct 17, non-extendible. the Court intends to resolve by November.

by Supreme Court PIO via twitter 10/10/2013 10:48:20 AM
SAJ Carpio adjourns the session. #PDAFOrals

by Supreme Court PIO via twitter 10/10/2013 10:48:47 AM