13.10 Subsequently, on March 4, 2024, the Sangguniang Panlalawigan issued
Resolution No. 184, authorizing the Governor to enter into a transaction with
the PCL-Negros Oriental Chapter. The proposed programs and projects for CY
2024, submitted by the President of the PCL, indicate that ₱7 million will be
allocated for the following PPAs:
1. Monitoring, Records and Development Activities ₱1,900,000.00
2. Capacity Development Program 500,000.00
3. Provide support top day-to-day and seasonal activities, 3,000,000.00
including baptisms, community programs, funerals, and the
provision of collapsible canopy tents to barangays.
4. Provide various sports equipment and materials to different 600,000.00
groups and organizations.
5. Support local economic development projects and livelihood 1,000,000.00
programs
Total ₱7,000,000.00
13.11 It is important to note that the programs, projects, and activities mentioned
above, except for Item Nos. 1 and 2, amounting to ₱5 million, fall within the
jurisdiction of the implementing agency. According to Article V, Section 1 of
the PCL Constitution and By-Laws, the members of the League include all
elected, appointed, and ex-officio members of local legislative councils in cities
and municipalities. As a group of officials with a shared interest in local
legislation, the League is mandated to use funds to advance its primary purpose
of discussing, articulating, and clarifying matters related to local legislative
concerns. Thus, public funds should not be allocated for activities outside the
League’s legislative functions.
13.12 In a landmark case decided by the Supreme Court, promulgated on November
19, 2013, under GR No. 208566, 208493, and 209251, the High Tribunal held
that “there is a violation of the separation of powers principle when one branch
of government unduly encroaches on the domain of another. x x x the
Legislative branch of government, much more any of its members, should not
cross over the field of implementing the national budget since, x x x the same
is properly the domain of the Executive.”
13.13 Given that the Priority Development Assistance Fund (PDAF) and all similar
informal practices have been declared unconstitutional, local government units
must strictly comply with the Supreme Court’s decision and no longer enact
appropriations to fund programs and projects selected by lawmakers outside
their legislative functions.
13.14 We recommended and Management agreed that no additional funds be
released to the PCL unless the previous fund releases have been fully
liquidated.
13.15 We also recommended and the Provincial Accountant agreed to demand
PCL to immediately submit liquidation reports for the financial assistance
previously provided and return or refund the unexpended or unutilized
amount to determine the propriety of the utilization thereof.
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