Manila Bulletin

The battle over pork

- By JEJOMAR C. BINAY Former Vice President jcbinay11@gmail.com

AS

the year draws to a close, we are treated to an unusual breach of cordiality between the House of Representa­tives and the Executive Department, which, by practice and tradition, are political aligned. At the core of the almost daily skirmish are alleged “insertions” in the proposed 2019 budget made by the Budget Secretary.

As I write this column, a senior House leader has gone to the extent of linking a still unnamed former Cabinet official running for national position to a “parking” scheme, where funds for supposed local flood control projects are “parked” in the public works budget without the knowledge of local officials. This is clearly an act of open warfare.

Interestin­gly, the tit-for-tat started with a revelation from a legislator from another chamber. Senator Ping Lacson alleged the existence of hidden “pork” in the proposed budget, with billions supposedly cornered by ranking House leaders. Asked to comment, the Palace spokesman told media that no less than the President himself wanted an explanatio­n from the House leadership. Then came the bombshells.

In a letter to the President, the House majority leader revealed that it was the former leadership of the chamber who received the biggest insertions for infrastruc­ture projects in the 13.7-trillion 2019 budget. The highest insertion was 15 billion for a single congressma­n, and the lowest was 13.5 billion. The Department of Public Works and Highways, however, is surprising­ly unaware of these inserted amounts.

The blame for these “insertions” was laid squarely on the Budget Secretary, who was summoned to a hastily called Question Hour. If I recall correctly, this is the first time that a House controlled by allies of the administra­tion subjected a member of the official family to intense grilling. I must commend the Budget Secretary for keeping his composure in the face of unwarrante­d asides from some legislator­s. He came to the House prepared and answered the questions competentl­y. I just hope he reconsider­s his decision not to attend future hearings. It was a very enlighteni­ng discussion on the intricacie­s of the budget process.

According to news reports, the legislator­s elicited an admission from the budget chief that 175 billion – and not 151 billion earlier identified by congressme­n as “parked pork barrel” – has been included for infrastruc­ture projects. Contracts for the alleged “executive pork” have apparently been bid out even before Congress could approve the 2019 budget.

The majority leader would also expose the “favored status” of one contractor who reportedly cornered at least 30 infrastruc­ture projects worth billions. The contractor, according to reports, is related to the Budget Secretary.

The next day, the House of Representa­tives unanimousl­y adopted a resolution urging the President to fire the budget chief over these alleged “executive pork insertions.”

The President’s official family quickly came to the aid of their beleaguere­d colleague.

In a strongly worded statement, Cabinet secretarie­s protested “the disrespect and utter lack of courtesy” displayed by legislator­s against their colleague. They accused the congressme­n of persecutio­n, and slammed the resolution as “politicall­y motivated and reeks of power play and ill purpose.”

Those are fighting words. And according to the Palace spokesman, the President is standing behind his embattled budget chief. But invoking separation of powers may not be appropriat­e in rebuffing the House resolution. The House clearly stated it was only recommendi­ng to the President, a recognitio­n of the prerogativ­e and power of the executive. But the Cabinet is correct in denouncing the disrespect and lack of courtesy shown by some legislator­s. Although the majority leader handled the discussion in a profession­al and generally sober manner, some of his colleagues were out of bounds.

Congressio­nal earmarks – derisively called pork barrel – became front and center of public scorn as a result of the billion-peso Priority Developmen­t Assistance Fund (PDAF) scandal involving Janet Lim-Napoles and her network of legislator­s and ghost NGOs. The public cried for blood but out of the long list of supposed pork beneficiar­ies, only three legislator­s – all identified with the opposition to the previous administra­tion – were charged in court. To this day, other legislator­s named in the so-called Napoles affidavit have yet to be investigat­ed.

The Commission on Audit (COA), which conducted a review of PDAF use at the height of the Napoles controvers­y, released a list of legislator­s who supposedly benefitted from ghost projects, yet convenient­ly stopped its audit at fiscal year 2009. While the agency publicly declared that it will continue to audit PDAF utilizatio­n from 2010 onwards, not much has been heard on the topic since then.

Yet the previous administra­tion, known for its self-righteous posturing, did not scrap pork barrel despite the public outcry. It aligned itself with the argument that the pork barrel system serves as an equalizer for localities excluded from the funding and developmen­t priorities of the national government. There is a valid point in this argument, but one must also consider that in practice – especially during the previous administra­tion – it is the executive that determines how much legislator­s will receive as pork, with some well-connected legislator­s receiving much, much more. Those in the opposition receive a pittance, if they receive anything at all.

The previous administra­tion weaponized pork barrel to exact political fealty from allies and punish critics in Congress. The curious animal known as the Developmen­t Accelerati­on Program (DAP) – a clear example of “presidenti­al pork” – was dangled as an incentive to secure the conviction of former Chief Justice Corona.

It is with this backdrop that the current wrangling between the House and the Palace becomes interestin­g. Two power centers at loggerhead­s over the issue of pork barrel, which, if we go by the decision of the Supreme Court, should not even exist.

The House leadership invokes its oversight function, while the President’s men cry power play and harassment. For now, it appears that we have a stalemate.

The question is: Who will blink first?

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