The Act Abolishing Pork Barrel abolishes the presidential and congressional pork

barrel, mandates line item budgeting, prohibits and criminalizes allocation and
use of lump sum discretionary funds, penalizes violators with six years and one
day to ten years imprisonment and disqualification from holding public office.


REPUBLIC OF THE PHILIPPINES
COMMISSION ON ELECTIONS
MANILA

IN RE: A PROPOSAL TO ENACT
A NATIONAL LEGISLATION ENTITLED
AN ACT ABOLISHING PORK BARREL
THROUGH PEOPLES INITIATIVE,

E.M. Case
No. ________


Reynato S. Puno, Mary John
Mananzan and Romualdo G.
Kintanar and the (total
number of signatories)
Petitioners signed hereunder
X - - - - - - - - - - - - - - - - - - - - -/


EMEEE

PETITION


PETITIONERS, pursuant to Republic Act No. 6735 as implemented
by Resolution No. 2300, as amended, unto this Honorable Commission on
Elections, most respectfully state and aver that:

The Petitioners

1. We, the Petitioners, are (total number of signatories) Filipinos and
all registered voters of this country who affixed our signatures to this
Petition which, per Certification issued by the Election Records and
Statistics Department (ERSD), this Commission, hereto attached as Annex
A, is equivalent to __ percent (___%) of ______________, the total
number of registered voters therein, wherein each legislative district is
represented by at least three percent (3%) of the total number of registered
voters therein.


The Act Abolishing Pork Barrel abolishes the presidential and congressional pork
barrel, mandates line item budgeting, prohibits and criminalizes allocation and
use of lump sum discretionary funds, penalizes violators with six years and one
day to ten years imprisonment and disqualification from holding public office.


2. We voluntarily affixed our signatures to this Petition proposing to
enact a national legislation entitled AN ACT ABOLISHING PORK
BARREL through Peoples Initiative under Article VI, Section 32 of the
Philippine Constitution and the Republic Act No. 6735, otherwise known as
the Initiative and Referendum Act.

3. We file the above proposition due to the failure of Congress to
abolish and criminalize the patronage and graft-riddled pork barrel system
consistent with Article II Section 28 of the Philippine Constitution, which
provides that The State shall maintain honesty and integrity in public
service and take positive and effective measures against graft and
corruption.

4. We fully understand the proposition, discussed its rationale, its
advantages and disadvantages, as well as its consequences and effects,
as we have read the full texts and contents thereof which were likewise
clearly explained to us, in our own dialect or in a language known to us,
before we voluntarily affixed our signatures hereto.

5. We, the Petitioners, have duly authorized the:

1. Peoples Initiative to Abolish Porkk Barrel (PIAP) represented by
Mo. Mary John Mananzan with office address 2560 Leon Guinto
St., Malate, Manila (tel. no. 02-5241524) and Monsignor Romualdo
G. Kintanar with office address Patria de Cebu, P. Burgos St.,
Cebu City (tel. no. 032-3180850); and the

2. National Union of Peoples Lawyers (NUPL) with office address 3
rd

Floor, Erythrina Building, No. 1 Maaralin St, Bgy. Central, Quezon
City (tel. no. 02-9206660)

to represent us, for and in our behalves, to sign any and all
pleadings/documents subsequent and as a consequence hereof and to do
or perform any and all acts necessary for this Petition to prosper and
succeed, before the Commission on Elections or any proper court or
tribunal.
6. We file this Petition on our own behalves with the assistance of our
above duly-authorized representatives, who will represent us, and to whom
the processes of the Honorable Commission may be served at their
addresses as indicated above.

7. No public funds have been spent for this Petition.


Cause of Action



The Act Abolishing Pork Barrel abolishes the presidential and congressional pork
barrel, mandates line item budgeting, prohibits and criminalizes allocation and
use of lump sum discretionary funds, penalizes violators with six years and one
day to ten years imprisonment and disqualification from holding public office.

8. Petitioners herein propose, as above stated, to enact a national
legislation entitled An Act Abolishing Pork Barrel through Peoples
Initiative under Article VI, Section 32 of the Philippine Constitution and the
Republic Act No. 6735, otherwise known as the Initiative and Referendum
Act.

9. The proposition is based on the Philippine Constitution which
provides that The State shall maintain honesty and integrity in public
service and take positive and effective measures against graft and
corruption. (Section 28, Article II, 1987 Constitution), and the Supreme
Court decision concerning pork barrel in the Belgica vs. ___, G.R. No.
_______ and that concerning Disbursement Acceleration Program in the
Carol Araullo vs. ________, G.R. No. ___________;

10. The Rationale of the proposition is that a Constitutional or State Policy
is a direct mandate from the people. It is an expression of the sovereign will
of our people. It is a direct instruction from the sovereign or the people who
ratified the Constitution. As such, the State Policy contained in Article II
Section 28 of the Constitution should not be taken lightly. Much more that
now, the presidential and congressional pork barrel have been exposed
and condemned by the Filipino people as sources of graft and corruption,
and the Supreme Court had struck down the DAP and PDAF as
unconstitutional.

11. The full text and content of the proposed AN ACT ABOLISHING
PORK BARREL is hereunder stated as follows:

AN ACT
ABOLISHING THE PRESIDENTIAL AND CONGRESSIONAL PORK
BARREL, STRENGTHENING THE SYSTEM OF CHECKS AND
BALANCES OVER PUBLIC FUNDS, PROHIBITING CERTAIN
ACTS, AND PROVIDING PENALTIES THEREFOR


SECTION 1. Short TitleThis Act shall be known as An Act Abolishing
Pork Barrel .

SECTION 2. Declaration of State Policies and Principles. This act is a
direct exercise of sovereign power by the people of their authority to enact
legislation reserved by the Philippine Constitution.

The sovereign people affirm the need to establish a system of strict
accountability over the use of public funds to ensure that they are spent
solely for functions, programs, projects and activities that redound to the


The Act Abolishing Pork Barrel abolishes the presidential and congressional pork
barrel, mandates line item budgeting, prohibits and criminalizes allocation and
use of lump sum discretionary funds, penalizes violators with six years and one
day to ten years imprisonment and disqualification from holding public office.

interest of the people, especially the poor and marginalized sectors of
Philippine society.

Recognizing that the pork barrel system is one of the main sources of graft
and corruption and of patronage politics, the State shall ensure that
measures designed to eliminate the rules and practices of the pork barrel
system are in place and that the mechanisms of checks and balances are
strengthened.

SECTION 3. Definitions. For purposes of this Act, the following terms
shall mean:

(a) Pork Barrel is a lump sum public fund assigned by law, regulation or
practice with sole discretion given to the President, legislator or group of
legislators, or any public officer. The exercise of discretion by public
officers relates to the allocation, release or use of these public funds, the
identification or selection of projects, implementors or beneficiaries, or any
or all of these.

(b) A lump sum appropriation is a single but divisible sum of money which
serves as a funding source for unspecified or multiple purposes and leaves
the purposes of the appropriation and their actual amounts for further
determination after the enactment of the appropriation law. Said
appropriation is not itemized or does not specify the program, activity or
project or implementing government agency for which it is appropriated,
including the allotment class, beneficiaries, and other matters required to
be disclosed by government agencies in their budget estimates under
existing law.

(c) Impoundment is the act of not spending money appropriated by law.
Impoundment may be through rescission or cancellation of the
appropriation, or deferral or suspension of the release of the appropriated
funds.

(d) National Official under this Act refers to the President, head of
department or national agency or his/her respective subordinate, agent, or
authorized representative and any member of Congress.

(e) Savings refers to any available portion or balance in an appropriation
item under the law, which has become free from any obligation or
encumbrance as a result of (i) the completion or final discontinuance as
certified by the President or abandonment, due to fortuitous events, of the
work, activity or purpose for which the appropriation is authorized; or (ii)


The Act Abolishing Pork Barrel abolishes the presidential and congressional pork
barrel, mandates line item budgeting, prohibits and criminalizes allocation and
use of lump sum discretionary funds, penalizes violators with six years and one
day to ten years imprisonment and disqualification from holding public office.

the non-payment of compensation and related costs as a result of vacancies
in positions and leaves of absence without pay; or (iii) the implementation
of measures resulting in improved systems and efficiencies that enabled
government agencies to meet and deliver the required or planned targets,
programs and services approved in an appropriation law at a lesser cost.

SECTION 4. General mandatory rules governing appropriations and
disbursement of public funds.

(a) All proposed budgets submitted to the Philippines Congress shall
contain only itemized or line-item appropriations, except appropriations
for the purpose of disaster response, contingency fund of not more than 5%
of the budget for a specific item, and for the intelligence/confidential
funds of the National Security Council (NSC), the Department of National
Defense (DND) and the Department of Interior and Local Government
(DILG).

(b) The expenditures from allowable lump sums shall be reported
immediately to Congress by the government agency to which the sum has
been appropriated and shall always be subject to a special audit by the
Commission on Audit.

(c) All unspent, unreleased, and unobligated funds of any government
agency by the end of the fiscal year shall remain in or revert to the General
Fund and shall not thereafter be available for expenditure except by a
subsequent appropriation law; Provided, however, that the President, the
President of the Senate, the Speaker of the House of Representatives, the
Chief Justice of the Supreme Court, and the heads of Constitutional
Commissions may authorize their respective government agency or office
to use the savings realized by the agency or office from its regular budget
during the fiscal year to augment any existing appropriation item for the
same agency or office under the general appropriations act; Provided,
further, that the augmentation may only be done during the same fiscal
year when the savings were realized; Provided, finally, that the power to
realign or use savings may not be delegated to other public officers.

SECTION 5. Appropriation of special funds. Within the fiscal year
following the approval of this Act, a report on the financial status of every
account including but not limited to the Malampaya fund, the Motor
Vehicles Users Charges and other off-budget items covered by a special
law authorizing the continuous disbursement of funds for a special
purpose shall be submitted to Congress. Every fiscal year thereafter, the
President shall submit to Congress a proposed budget for the disbursement


The Act Abolishing Pork Barrel abolishes the presidential and congressional pork
barrel, mandates line item budgeting, prohibits and criminalizes allocation and
use of lump sum discretionary funds, penalizes violators with six years and one
day to ten years imprisonment and disqualification from holding public office.

of the special funds in accordance with their purpose as part of the
National Expenditure Program.

SECTION 6. Abolition of the Presidential Social Fund. The share of the
Government in the aggregate gross earnings of the Philippine Amusement
and Gaming Corporation provided under Section 12 of Presidential Decree
No. 1869 as amended by Presidential Decree No. 1993 shall henceforth be
remitted regularly to the National Treasury and may be used only
pursuant to a valid appropriation made by law. The discretionary
authority of the President granted under the aforesaid Section 12 to use the
fund to finance the restoration of damaged or destroyed facilities due to
calamities is hereby revoked.

SECTION 7. Special Offenses. The penalty of imprisonment of six years
and one day to ten years and perpetual disqualification from public office
shall be imposed on the following persons for committing any of the
following acts:

(a) Any national official who authorizes the spending of public money that
is not covered by or is in violation of any appropriation law;

(b) Any national official who, in violation of Section 4 (a), includes a lump
sum amount in any budget proposal submitted to Congress, or any
member of Congress who approves the inclusion of any lump sum amount
in the general or supplemental appropriations acts; Provided, that the
appropriation of lump sums for the purpose of disaster response, a
contingency fund of not more than 5% of the budget for a specific item, and
for the intelligence fund of the NSC, DND and DILG shall not be covered
by this prohibition;

(c) Any national official who inserts in an appropriation bill provisions
allowing post-enactment intervention by a member or members of
Congress in the implementation of the appropriation measure;

(d) Any member of Congress, or his agent or representative, who directly
or indirectly intervenes or participates in the implementation of any
appropriation law through any post-enactment act or practice, including
but not limited to identification or endorsement of projects, beneficiaries or
contractors, or assuming authority or exercising influence in the release,
allocation or realignment of appropriated funds;



The Act Abolishing Pork Barrel abolishes the presidential and congressional pork
barrel, mandates line item budgeting, prohibits and criminalizes allocation and
use of lump sum discretionary funds, penalizes violators with six years and one
day to ten years imprisonment and disqualification from holding public office.

(e) Any national official who declares and utilizes savings outside of the
cases provided in Section 3, paragraph hereof, or realigns the improperly
declared savings;

(f) Any national official who impounds any appropriation or portion
thereof by retention, reduction, rescission or deferral or suspension of
release of funds, or any other means, for whatever reason or purpose,
unless there is an official declaration by the President of an unmanageable
National Government budget deficit.

(g) Any person including a private individual who persuades, induces,
influences or cooperates with any national official in violating any of the
provisions of this Act shall suffer the same penalty.

The above penalties shall be in addition to the criminal, civil and
administrative liabilities that the national official or private individual may
incur under existing laws.

SECTION 8. Diligence required; presumption. All public officers involved
in the approval, release and disbursement of funds shall exercise
extraordinary diligence in the performance of their functions. When an
anomalous transaction is duly proved, the public officer responsible for the
approval, release or disbursement of funds shall be presumed to have
knowledge of the anomalous transaction.

SECTION 9. Repealing clause. Any law, presidential decree, executive
order, rule or regulation, or any issuance contrary to or inconsistent with
the provisions of this Act, including Section 12 of PD 1869 as amended by
PD 1993, is hereby repealed, modified or amended accordingly.

SEC. 10. Amendment or repeal of this Act. This Act may only be repealed,
modified or amended by a law that has been approved by the people under
the system of initiative and referendum established by Republic Act No.
6735.SECTION 11. Effectivity Clause. This law shall become effective after
fifteen (15) days following the completion of its publication in two
newspapers of general circulation by the Commission on Elections.

Enacted this ____ day of ___________________________, through the
system of Peoples Initiative.


12. The herein proposition embraces only one subject the Pork
Barrel System and its abolition which is not one of the exceptions under
Republic Act No. 6735.


The Act Abolishing Pork Barrel abolishes the presidential and congressional pork
barrel, mandates line item budgeting, prohibits and criminalizes allocation and
use of lump sum discretionary funds, penalizes violators with six years and one
day to ten years imprisonment and disqualification from holding public office.



PRAYER

WHEREFORE, premises considered, it is most respectfully prayed
that this Honorable Commission, after due consideration and verification,
issue an Order:

1. Finding the Petition to be sufficient in form and substance pursuant
to the pertinent provisions of Republic Act No. 6735 and the implementing
resolutions of this Commission;

2. Directing the publication of the Petition in Filipino and English at
least twice in newspapers of general and local circulation; and

3. Calling a Referendum on a date set by the Commission, to be
conducted under its control and supervision, not earlier than forty-five (45)
days but not later than ninety (90) days after its Certification on the
sufficiency of the Petition, to allow the Filipino people to express their
sovereign will on the proposition.

Petitioners pray for such other reliefs deemed just and equitable in
the premises.

MANILA, PHILIPPINES, __________________.