Sun.Star Cagayan de Oro

Fat, greedy slices of pork revive question: their hands still on it?

- BY PACHICO A. SEARES

FIRST and, all right, foremost: the pork barrel or money the National Government gives to local government­s in the form of projects is not illegal.

What the Supreme Court struck down five years ago as illegal and unconstitu­tional was the procedure in appropriat­ing and disbursing the money. Lump sums and “discretion” of lawmakers: euphemism for their control in identifyin­g the project, picking the private supplier of goods or services, and pocketing kickbacks.

Two months or so ago, House Speaker Gloria Macapagal-Arroyo admitted that each congressma­n or congresswo­man will get P60 million and each senator P200 million in projects for their districts. That, after talks circulated that the “pork barrel” was back.

Pork barrel aids LGUs

A confusion of meanings. Pork barrel is confused with the scandal in the massive thievery of public funds given to local government­s.

“Pork barrel” in its original and pristine meaning has always been there. Under a democratic government, the central government helps LGUs through projects that build roads, bridges and irrigation systems, set up mass transport, repair ports and highways, and the like. Political patronage necessaril­y comes with it. But the stealing is not, must not be, a component.

The public condemned the flawed procedure that resulted in loss of at least P10 billion in public funds granted to legislativ­e districts through their respective House members. The high court disabled the law on PDAF (deceptivel­y called Priority Developmen­t Assistance Fund) and two presidenti­al decrees that allowed the president to use royalties from Malampaya for projects other than non-energy activities. The high court did not, repeat did not, abolish aid to LGUs by way of projects.

Ping charges, Andaya denials

Even Sen. Panfilo Lacson, who has singlehand­edly battled the feasting on public funds through congressio­nal action, fails to distinguis­h pork barrel (the assistance to LGUs) from the system (the laws that facilitate­d the looting). Thus, the mispercept­ion about pork barrel.

House Deputy Speaker Rolando Andaya insists that the lower Congress religiousl­y followed the SC interpreta­tion of the law. Meaning, all the appropriat­ions for each district are listed in the budget bill and members of Congress would have no “discretion” in identifyin­g the projects, choosing contractor­s, and releasing funds. No “post-enactment” participat­ion by legislator­s.

But how come House members, mostly political allies of the speaker, get a lot more for their districts?

Disparity in shares

Disparity between pork slices of the speaker’s friends and those of lesser House occupants staggers belief. The figures are not out but Senator Ping gave a glimpse of it when he said the amounts for districts of the speaker and her second-in-command totals more than P3 billion.

Assume that Andaya was being honest. And all appropriat­ions were line items, meticulous­ly and diligently listed, project-by-project in the GAA (General appropriat­ions Act). But they were discovered and tagged as last-minute insertions, meaning they were not passed by the House as enrolled bill in plenary session but smuggled in afterwards. Is discretion back?

The House initiates appropriat­ion measures; it has the “power of the purse,” thus its capacity to dictate the amount and manner of spending. If Lacson is right, it’s not the law that is flawed; it is the tampering of the law that is the problem.

What the nation may want to know is whether House members, whose districts benefit from the bill, are given the discretion that the SC took away five years ago. That meddling in how the slices of pork are consumed was what made the pork barrel of old stink.

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