President has no power to abolish PDAF – Carpio

Supreme Court (SC) Senior Associate Justice Antonio Carpio declared yesterday that the President has no power to abolish the Priority Development Assistance Fund (PDAF).

Speaking during oral arguments on the constitutionality of PDAF, Carpio said the discretionary funds could only be abolished through a law passed by Congress or an SC ruling.

“If there are anomalies, the President has the power to stop and investigate, but just suspend temporarily,” he said. “At most, he can suspend.”

Carpio rebutted the pronouncement of presidential spokesman Edwin Lacierda that “the President has already stated that we have abolished the PDAF.”

On interpellation, Carpio made Solicitor General Francis Jardeleza admit that the PDAF has not yet been abolished.

“Does the President have the power to abolish the PDAF?” Carpio asked.

Jardeleza replied: “Not in the sense of abolishing (PDAF), but the President has the general power to stop releases.”

Jardeleza said the process to abolish the discretionary fund of Congress has just started, and that the President only suspended releases from it.

“The process started and TRO (temporary restraining order from the SC) came,” he said.

Jardeleza told the SC that Congress is set to replace the PDAF with “lineby-line budget that will be allocated to five line agencies.”

“Flaws of the implementation of PDAF are better resolved through policy changes,” he said.

However, Carpio said the SC needs to resolve the case since serious constitutional questions have been raised in the petitions.

“It is our duty to apply the Constitution,” he said. “You are asking us to defer our solemn duty. I think you ask too much of this Court.”

Chief Justice Ma. Lourdes Sereno asked Jardeleza if it would be “wiser” for the SC to come up with a full decision “so we can clarify the constitutional problems.”