BELGICA VS. HONORABLE EXECUTIVE SECRETARY PAQUINTO N.
UDK-14951 – A Petition filed seeking that the PDAF be declared
OCHOA JR, ET AL
Topic: Self-Executing and Non- self -executing Provisions
 A self-executing
provision
GRECO ANTONIOUS BEDA B. BELGICA vs. HONORABLE EXECUTIVE
SECRETARY PAQUITO N. OCHOA JR, et al.
FACTS:
The NBI Investigation was spawned by sworn affidavits of six (6)
whistle-blowers who declared that JLN Corporation (Janet Lim
Napoles) had swindled billions of pesos from the public coffers for
"ghost projects" using dummy NGOs. Thus, Criminal complaints were
filed before the Office of the Ombudsman, charging five (5) lawmakers
for Plunder, and three (3) other lawmakers for Malversation, Direct
Bribery, and Violation of the Anti-Graft and Corrupt Practices Act. Also
recommended to be charged in the complaints are some of the
lawmakers’ chiefs -of-staff or representatives, the heads and other
officials of three (3) implementing agencies, and the several
presidents of the NGOs set up by Napoles.
Whistle-blowers alleged that" at least P900 Million from royalties in the
operation of the Malampaya gas project off Palawan province intended
for agrarian reform beneficiaries has gone into a dummy NGO.
Several petitions were lodged before the Court similarly seeking that
the "Pork Barrel System" be declared unconstitutional
Belgica, et al filed an Urgent Petition For Certiorari and Prohibition
With Prayer For The Immediate Issuance of Temporary Restraining
Order and/or Writ of Preliminary Injunction seeking that the annual
"Pork Barrel System," presently embodied in the provisions of the GAA
of 2013 which provided for the 2013 PDAF, and the Executive‘s lump-
sum, discretionary funds, such as the Malampaya Funds and the
Presidential Social Fund, be declared unconstitutional and null and
void for being acts constituting grave abuse of discretion. Also, they
pray that the Court issue a TRO against respondents.
unconstitutional, and a cease and desist order be issued restraining
President Benigno Simeon S. Aquino III (President Aquino) and
Secretary Abad from releasing such funds to Members of Congress
One of the petitioners submits that the Pork Barrel System enables
politicians who are members of political dynasties to accumulate funds
to perpetuate themselves in power, in contravention of Section 26,
Article II of the 1987 Constitution which states that:
Sec. 26. The State shall guarantee equal access to opportunities for
public service, and prohibit political dynasties as may be defined by
law. (Emphasis and underscoring supplied)
ISSUE:
Whether or not Section 26, Article II of the 1987 Constitution is a self-
executing law?
HELD:
NO, Section 26, Article II of the 1987 Constitution is not a self-
executing law.
At the outset, suffice it to state that the foregoing provision is considered
as not self-executing due to the qualifying phrase "as may be defined by
law." In this respect, said provision does not, by and of itself, provide a
judicially enforceable constitutional right but merely specifies guideline for
legislative or executive action. Therefore, since there appears to be no
standing law which crystallizes the policy on political dynasties for
enforcement, the Court must defer from ruling on this issue.
In any event, the Court finds the above-stated argument on this score to be
largely speculative since it has not been properly demonstrated how the
Pork Barrel System would be able to propagate political dynasties.