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Belgica Vs Ochoa G.R. No. 210503

This case involved a challenge to the constitutionality of the congressional and presidential pork barrel systems in the Philippines. The Supreme Court ruled that the congressional pork barrel system was unconstitutional because it violated the separation of powers, non-delegability of legislative power, principles of checks and balances, and local autonomy. However, the Court found that the presidential pork barrel system was valid and did not violate the constitutional requirement that no money shall be paid from the treasury without an appropriation by law.

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129 views1 page

Belgica Vs Ochoa G.R. No. 210503

This case involved a challenge to the constitutionality of the congressional and presidential pork barrel systems in the Philippines. The Supreme Court ruled that the congressional pork barrel system was unconstitutional because it violated the separation of powers, non-delegability of legislative power, principles of checks and balances, and local autonomy. However, the Court found that the presidential pork barrel system was valid and did not violate the constitutional requirement that no money shall be paid from the treasury without an appropriation by law.

Uploaded by

John Kelly Remolazo
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© © All Rights Reserved
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College of Law Saint Mary’s University

Belgica vs Ochoa
G.R. No. 210503 October 08, 2019
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.
Issue/s:
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.

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