Aquino budget lashed for IRA misuse

SECOND District Rep. Hermilando Mandanas of Batangas province filed with the Supreme Court (SC) Tuesday morning a petition for certiorari, mandamus and prohibition against government’s alleged misappropriation of Internal Revenue Allotment (IRA) funds for local governments.

In his 23-page petition, Mandanas asked the high court to issue a temporary restraining order (TRO) and/ or writ of preliminary injunction on the Aquino Government’s General Appropriations Act (GAA) for 2012, specifically on some P60.75 billion appropriations for capital outlays which he said, is taken off the IRA.

“The National Government, in the persons of the Respondents, should automatically release the Internal Revenue Allotments (IRA) or the just shares of the Local Government Units (LGUS) in the national taxes as determined by law. The unreleased amount due to the Prov- inces, Cities, Municipalities and Barangays from 1992 to 2012 has already reached P500 Billion. Compliance by the National Government with the Constitution and existing laws will enable the LGUS to efficiently and expediently serve the Filipino people, and hasten the delivery of much needed and long delayed basic services,” Mandanas said.

The petition also stated that the Bureau of Customs (BOC) collects national internal revenue taxes such as value- added tax ( VAT), excise taxes, and documentary stamp taxes on imported goods as an agent of the BIR, as provided for in Sec. 12 of the National Internal Revenue CODE(NIRC).

In seeking immediate temporary relief from the high tribunal on the P60.75 billion capital outlay appropriation, Mandanas said: “This amount is equivalent to the IRA for the LGUS in accordance with law that has been misappropriated by the National Government in the 2012 GAA. And if the unconstitutional release of the P60.75 billion is not restrained by the Supreme Court, then again the misuse of Local Funds for National Projects will go unabated.”

Mandanas meantime denied his petition against Executive Secretary Paquito Ochoa, Budget Secretary Florencio Abad, Finance Secretary Cesar Purisima, BIR Commissioner Kim Henares and National Treasurer Roberto Tan was in retaliation for his ouster as House Ways and Means Committee Chairman for his refusal to sign the impeachment complaint against Chief Justice Renato Corona.

Mandanas filed the petition along with 8 local officials. His lead counsel is former Aquilino Pimentel, Jr., author of the Local Government Code.