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ENBANC
ADVISORY
G.R. No. 208566 (Greco Antonious Beda B. Belgica, Jose M.
Villegas, Jr., Jose L. Gonzalez, Reuben M. Abante, and Quintin Paredes San
Diego v. Honorable Executive Secretary Paquito N. Ochoa, Jr., Secretary of
Budget and Management Florencio B. Abad, National Treasurer Rosalia V.
De Leon, Senate of the Philippines, represented by Franklin M. Drilon in his
capacity as Senate President, and House of Representatives, represented by
Feliciano Belmonte, Jr. in his capacity as Speaker of the House); G.R. No.
208493 (Social Justice Society [SJS] President Samson S. Alcantara v.
Honorable Franklin M. Drilon, in. his capacity as Senate President, and
Honorable Feliciano Belmonte, Jr., in his capacity as Speaker of the House
of Representatives); and UDK-14951 (Pedrito M. Nepomuceno, Former
Mayor- Boac, Marinduque, Former Provincial Board Member- Province of
Marinduque v. President Benigno Simeon C. Aquino III and Secretary
Florencio "Butch" A bad, Department of Budget and Management).
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For the orderly proceeding of the Oral Arguments on the above-
captioned consolidated cases scheduled on October 8, 2013, two o'Clock in
the afternoon (2:00 p.m.), at the En Bane Session Hall, 2nd Floor, SC
Main Building, the parties are required to observe the following:
I. Petitioners and respondents shall limit their discussion on the
following essential
A. Procedural issues.
1. Whether or not petitioners have legal standing to sue;
2. Whether or not the issues raised in the petitions are
matters of policy not subject to judicial review;
3. Whether or not the issues raised in the petitions involve
an actual and justiciable controversy; and
'
Advisory - 2- G.R. Nos. 208566,208493 &
UDK-14951
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5
4. Whether or not the Court's August 19, 1994 Decision in
Philippine Constitution Association
and April 24, 2012 Decision in Lawyers . , _ rlfJ
Poverty (LAMP) v. Secretary of Budget rvtanagemen(;
1
HlNJ l
the re-litigation of the issue of
barrel system" under the principles of
judicata. - - .. -- .. . ---- -- .-:t"
B. Substantive issues.
"Congressional pork barrel"
1. Whether or not the prov1s1ons of Republic Act No.
10352,
3
or the General Appropriations Act of 2013, relating to
the Priority Development Assistance Fund (PDAF) and Various
Infrastructures including Local Projects (VILP) Fund are
unconstitutional considering that they: (a) constitute an undue
delegation of legislative power; (b) violate the principle of
separation of powers; (c) impair the system of checks and
balances between the legislative and executive branches of
government; and (d) violate the accountability provisions of the
1987 Philippine Constitution.
"Presidential pork barrel"
2. Whether or not the phrases (a) "and for such other
purposes as may be hereafter directed by the President" under
Section 8 of Presidential Decree No. 910,
4
relating to the
Malampaya Funds, and (b) "may also be appropriated and
allocated to fund and finance infrastructure and/or socio-civic
projects throughout the Philippines as may be directed and
authorized by the Office of the President of the Philippines"
under Title IV, Section 12 of Presidential Decree No. 1869,
5
relating to the President's Social Fund (PSF), are
See Philippine Constitution Association v. Enriquez , G.R. Nos. 113105, 113174, 113 766, and 113888,
August 19, 1994, 235 SCRA 506.
See Lawyers Against Monopoly and Poverty (LAMP) v. Secretary of Budget and Management, G.R.
No. 164987, April24, 2012,670 SCRA 373.
"AN ACT APPROPRIATING fUNDS fOR THE OPERATION OF THE GOVERNMENT OF TilE REPUBLIC OF THE
PHILIPPINES fROM JANUARY ONE To DECEMBER TIIIRTY-ONE, TWO THOUSAND AND THIRTEEN, AND
FOR OTHER PURPOSES."
"CREATING AN ENERGY DEVELOPMENT BOARD, DEFINING ITS POWERS AND FUNCTIONS, PROVIDING
FUNDS, THEREFOR, AND fOR OTHER PURPOSES."
"CONSOLIDATING AND AMENDING PRESIDENTIAL DECREE NOS. 1067-A, 1067-B, 1067-C, 1399 AND
1632, RELATIVE TO THE fRANCHISE AND POWERS OF THE PHILIPPINE AMUSEMENT AND GAMING
CORPORA liON (PAGCOR)."
Advisory - 3- G.R. Nos. 208566, 208493 &
UDK-14951
unconstitutional insofar as they constitute undue delegations of
legislative power.
Partial lifting o[temporary restraining order (TRO)
3. Whether or not the Court's September 10, 2013 TRO
relative to the above-captioned cases should be partially lifted,
allowing the release of the PDAF only with respect to
educational and medical assistance purposes.
II. and respondents, through their respective counsels,
shall each have thirty (30) minutes to present their arguments on the
foregoing issues.
III. Counsels for each side are directed to coordinate with each
other and, thereafter, submit to the Court a manifestation stating: (a) the
name/s of the presenting lawyer/s; (b) the specific issue/s to be discussed by
the said lawyer/s; and (c) the time allotted for each lawyer, the total of
which should not, however, exceed the thirty-minute time limit as stated in
item II above. Each side is required to submit its manifestation by October
4, 2013.
IV. The interpellations by the Members of the Court shall
immediately follow after the presentation of each side. The time allotted for
counsels shall be exclusive of the time devoted to the interpellations by the
Members of the Court.
V. In view of the technicality of the issues material to the present
consolidated cases, the Solicitor General is directed to bring with him
during the Oral Arguments representative/s from the Department of Budget
and Management and the Congress of the Philippines who would be able
to competently and completely answer questions related to, among others,
the budgeting process and its implementation.
VI. For the complete resolution of the issues in these consolidated
cases, Commission on Audit Chairperson Maria Gracia M. Pulido Tan is
hereby appointed as amicus curiae and thereby requested to appear before
the Court upon further notice.
VII. All other matters not covered by the Oral Arguments shall not,
however, be considered as eliminated issues but shall be discussed and
argued in the written .memoranda to be requi::ed of the concerned parties.
The Members of the Court further maintain their right to ask any question on
Advisory - 4- G.R. Nos. 208566,208493 &
UDK-14951
any relevant matter necessary for the resolution of the tssues m these
consolidated cases.
ATTY. EDUARDO V. BRINGAS Cx)
Counsel for petitioners Greco Antonious Beda
B. Belgica, Jose L. Gonzalez, Reuben M.
Abante and Quintin Paredes San Diego
Suite 200, 2/Flr. Gil Preciosa Bldg., No. 75
Timog A venue, Quezon City
ATTY. RAYMOND PARSIFAL A.
FORTUN (x)
RAYMOND FOR TUN LAW OFFICES
Counsel for petitioner
Atty. Jose M. Villegas Jr.
137 CRM Avenue cor. CRM Marina
BF Homes Almanza, Las Pifias City
GRECO ANTONIOUS BEDA B. BELGICA,
ET AL. (X)
Petitioners in G.R. No. 208566
Suite 704 Trinity Building, T.M. Kalaw Ave.,
Manila
SAMSON S. ALCANTARA (X J
Petitioner in G.R. No. 208493
Suite 1402, 14th Floor
Manila Astral Tower
1330 Taft Ave. cor. P. Faura St.
Ennita, Manila
PEDRITO M. NEPOMUCENO(X)
Petitioner in UDK -14951
No. 1 Sta. Lucia Street
Barangay Kapitolyo
1603 Pasig City
Metro Manila
MARIA GRACIA M. PULIDO TAN (x)
Chairperson
COMMISSION ON AUDIT
Commonwealth A venue
Quezon City 1118
Very truly yours,

't
PRESIDENT BENIGNO SIMEON C.
AQUINO III {x)
Malacafiang Palace
J.P. Laurel Street, San Miguel
Manila
PAQUITO N. OCHOA, JR. (x)
Executive Secretary
Premiere House Guest
Malacafiang Palace Compound
J.P. Laurel Street, San Miguel
Manila
FRANKqN DRILON (x)
Senate President
SENATE OF THE PHILIPPINES
Senate Building, Roxas Boulevard
Pasay City
FELICIANO BELMONTE, JR. Cx)
Speaker of the House
HOUSE OF REPRESENTATIVES
House of Representatives Comf!lex
Batasan Hills, 1126 Quezon City
FLORENCIO "BUTCH" ABAD (x)
Secretary
DEPARTMENT OF BUDGET AND
MANAGEMENT
Genernl Solano St., San Miguel
Manila
ROSALIA V. DE LEON (x)
National Treasurer
BUREAU OF TREASURY
Palacio del Gobemador Bldg.
Intramuros, Manila
The SOLICITOR GENERAL (x)
134 Amorsolo Street
Legaspi Village, 1229 Makati City
Advisory
Senate Legal Counsel MARIA VALENTINA
SANTANA-CRUZ (x)
Office of the Senate Legal Counsel
4
1
h Floor Senate Buildng, Roxas Boulevard
Pasay City
-PtJ13LIC INFORMATION OFFICE (x)
JUDICIAL RECORDS OFFICE (x)
Supreme Court
G.R. Nos. 208566, 208493 & UDK-14951
wmd 10/1/13 (Advisory)
- 5- G.R. Nos. 208566,208493 &
UDK-14951
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