GRECO BELGICA vs.

EXECUTIVE SECRETARY PAQUITO OCHOA

FACTS:
In the Philippines, the term "pork barrel" is used to mean funds allocated to
the members of the Philippine House of Representatives and the Philippine
Senate to spend as they see fit without going through the normal budgetary
process or through the Executive Branch. It can be used for both "hard"
projects, such as buildings and roads, and "soft" projects, such as
scholarships and medical expenses. In July 2013, six whistle blowers,
headed by Benhur Luy, exposed that for the last decade, the corruption in
the pork barrel system had been facilitated by Janet Lim Napoles. Napoles
had been helping lawmakers in funneling their pork barrel funds into about
20 bogus NGOs (non-government organizations) which would make it appear
that government funds are being used in legit existing projects but are in fact
going to ghost projects. An audit was then conducted by the Commission
on Audit and the results thereof concurred with the exposes of Luy et al.
Motivated by the foregoing, Greco Belgica and several others filed various
petitions before the Supreme Court questioning the constitutionality of the
pork barrel system.
ISSUES:
I. Whether or not the congressional pork barrel system is constitutional.
II. Whether or not presidential pork barrel system is constitutional.

HELD:
I.

The congressional pork barrel is unconstitutional because only the

executive may implement the law but under the pork barrel system,
whats happening was that, after the GAA (general appropriations
fund), itself a law, was enacted, the legislators themselves dictate
as to which projects their PDAF funds should be allocated to a
clear act of implementing the law they enacted a violation of the
principle of separation of powers.

II.

The main issue raised by Belgica et al against the presidential pork

barrel is that it is unconstitutional because it violates Section 29 (1),
Article VI of the Constitution but the supreme court said that it is
constitutional for there are laws which sufficiently met the

requirements of article VI section 29 of the constitution , namely the

P.D. 910 and the P.D. 1869