by TITA C. VALDERAMA

UNDAUNTED by the resounding defeat recently of the fourth impeachment complaint against President Gloria Macapagal Arroyo, the opposition at the House of Representatives is embarking on another crusade that does not seem to stand a chance of winning, at least under the present administration.

	Bukidnon Rep. Teofisto Guingona III

The opposition now seeks to control the president’s wide discretion in disbursing public money, including the lawmakers’ Priority Development Assistance Fund (PDAF), derisively called ‘pork barrel,’ and other unspent amounts in the annual budget program.

Deputy minority leader Teofisto L. Guingona III is spearheading this move in a bid to prevent a repeat of the alleged diversion of P728 million meant for fertilizer procurement into the administration's campaign kitty in 2004.

The suspected diversion is now the subject of a Senate probe in which former agriculture undersecretary Jocelyn ‘Joc-joc’ Bolante has been forced into a “starring” role.

According to Guingona, what is now being called the “P728-million fertilizer fund scam” allegedly engineered by Bolante could have been prevented had there been safeguards in the budget process.

“Our studies have shown that current budget procedures that were designed to give flexibility in allocating funds to priority programs were abused, thereby enabling what is now allegedly plunder,” says Guingona.

“Because the national budget is so complex and the amount involved is so large, most Filipinos would rather not have anything to do with it,” he adds. “And yet, if we are to improve our lives as a nation, we first need to take control of our national resources before we can deploy them for our development.”

“Hence, it is imperative that we need to return the budget to the people,” Guingona asserts. “To do that, we need to reform the budget process.”

As a first step, Guingona has filed House Bill No. 5580 titled “Impoundment Control Act of 2008.” It defines impoundment as the president’s refusal to spend or delay the release of duly appropriated funds.

The measure requires the chief executive to secure congressional approval in withholding or completely rescinding the release of any item in the budget program. Moreover, the proposed law requires the president to identify the purpose for which the withheld amount will be used.

Under the bill, the president would need to justify to Congress that the amount he or she wants to withhold or withdraw could no longer serve the purpose for which it was originally intended or appropriated, or that the authorized project/program had already been terminated/completed.

REVILLA INITIATIVE

Interestingly, as early as July 3, 2007, a similar bill was already filed in the Senate by Sen. Ramon ‘Bong’ Revilla Jr., a known Arroyo ally. His version even appears to have more teeth than Guingona’s because it has a penal clause.

In the Revilla bill, deferring, withholding, or cancellation of an authorized allocation in the General Appropriations Act would be punished by a fine of up to P100,000 and “temporary special disqualification.”

The penal provision, however, neither defines “temporary special disqualification” nor specifies the officials covered. As well, the bill is not clear on whether or not the president should be among the accountable officials.

In lieu of a penal provision, Guingona’s bill prohibits deferred or rescinded funds to be used for any purpose other than what Congress has authorized through legislation.

Still, Guingona himself candidly admits that controlling the president’s hands in disbursing funds is an almost impossible thing to do given the current composition of Congress and Malacañang’s influence on its members.

University of the Philippines Professor Leonor Magtolis Briones, convenor of the civil society groups Social Watch and Alternative Budget Initiative, fully agrees with the lawmaker from Bukidnon.

“No sitting president will welcome such reforms because the situation favors the executive...and you have to think in terms of 2010,” Briones points out. “Remember, the Bolante thing happened during the election proper. No sitting president and no executive department will give up what it enjoys.”

FIRST STEP, LONG JOURNEY

But why mount a movement with just faint promise of success under the present circumstances?

“This is the first step of a journey... a journey (intended to) make everybody understand how important it is that our budget law should be reformed and how it can affect their lives,” Guingona says.

“Everything I said seeks to control the wide discretion of the president,” he explains. “Do you think the present president will allow her powers, her discretion to be curtailed? Well, to be realistic, it’s just like the impeachment.”

He reasons, though, “This is not an issue between the opposition and the administration, but this is about reforms for the country, not only for the administration.”

The congressman is counting on heavy pressure from the media, civil society groups, business organizations and the public at large for Congress and Malacañang to agree to reforms in the way taxpayers’ money is spent.

This and other budget reform measures will be presented to the candidates in the 2010 elections and get them to commit to the needed reforms. “After all is said and done, how can anybody in conscience say no to reforms?” Guingona asks.