Case Digest

Belgica vs Ochoa 710 SCRA 1 (2013)

Ponente: Perlas-Bernabe J
Facts:
-Greco Belgica and several others filed various petitions before the SC questioning the
constitutionality of the Pork Barrel System.

Additional Information:
Pork Barrel System has been around in the Philippines since about 1922. Pork Barrel is
commonly known as the lump-sum, discretionary funds of the members of the
Congress. It underwent several legal designations from Congressional Pork Barrel to
the latest Priority Development Assistance Fund or PDAF. The allocation of the pork
barrel is integrated in the annual GAA.

Issues:
- W/N the congressional pork barrel system is constitutional.
-W/N the presidential pork barrel system is constitutional.

Ruling:
-The congressional pork barrel sys is unconstitutional because it violates the following
principles:
(a) Separation of Powers
(b) Non-delegability of Legislative Power
(c) Principles of checks and balances
(d) Local Autonomy
-The Presidental pork barrel is valid. The main issue raised by Belgica et al against the
presidential pork barrel is that it is unconsitutional because it violates Sec 29 (1) Article
VI of the Constitution which provides "No money shall be paid out of the Treasury
except in pursuance of an appropriation made by law. The SC disagrees as it ruled that
PD 910 which created Malampaya Fund and PD 1869 which amended PAGCOR's
Charter provided for appropriation.