PNoy holds ‘power of’ purse’; Congress holds ‘coin purse’?

CONTRARY to the spirit and letter of the Constitution, in practice it is the Office of the President, not Congress, which holds the power of the purse, according to former national treasurer Leonor Magtolis Briones, lead convenor of Social Watch Philippines (SWP), a budget transparency group.

In a press conference on “The 2015 Budget and Congress’ Power of the ‘Coin Purse’” on Aug. 14, 2014, Briones lamented that the legislature’s vaunted power “has been diminished through the years.”

This is evident, she said, in what she called the 2015 “election budget” that enrolls “lump sums, automatic appropriations, and off-budget directs remittances.”

“Lump-sums indicate an inherent vulnerability in the budget because of limited transparency and accountability in handling these funds,” said Briones, a professor emeritus of the University of the Philippines.

Because the Executive controls the bulk of the budget, Congress is left only to holding “the power of the coin purse,” she said in a press statement.

By its calculation, SWP said that the proposed total expenditures of P2.758 trillion in 2015 consists of P2.606 trillion in proposed appropriations,P123 billion in Unprogrammed Expenditures, and P29 billion off budget accounts and direct remittances from the Philippine Gaming Corporation (PAGCOR) and Philippine Charity Sweepstakes Office (PCSO).

“The Appropriations Act which will be approved by Congress totals P1.740 trillion,” Briones said. However, of this, “only agency budgets of P1.361 trillion will be debated in great detail while P866.231 will be automatically appropriated,” or less than half of the total expenditures.

Of the proposed P2.758-trillion expenditures, Briones said Congress will likely debate in detail only P1.361 trillion of government agency budgets, including P761.231 billion in Personnel Expenditures that is generally accepted by Congress as presented by the Executive.

This leaves only P599.769 billion for detailed Congressional scrutiny, she said.

Among others, Briones said the “significant lumps” in the proposed budget include the President’s Special Purpose Fund (SPF) of P378.603 billion.

Commonly referred to as “the President’s pork,” she said only the Department of Budget and Management could release these funds with the approval of the President.

In addition, Briones said there have also been “significant increases” in other lump-sum funds, including:

* Allocations for Local governments, from P19.589 billion in 2014 to P33.131 billion in 2015;

* Budgetary Support to Government Corporations, from P46.255 billion to P61.319 billion; and

* Miscellaneous Personnel Benefits Fund, from P53.53 billion to P118.142 billion.

The total amounts for SPFs increased from P282.569 billion to P378.603 billion in the 2015 proposed budget.

According to Briones, these items indicate that the 2015 budget proposal could well be “an election budget, where the government cranks up spending on infrastructure and visible projects to create the impression of growth.”

“Ruling parties can use these projects their advantage for re-election. However, the growth might be superficial it would be very challenging to sustain the same levels of growth,” Briones said.

On Debt Servicing, Briones cited that “while government is planning to borrow a total of P700.822 billion, it will only receive P310.435 billion for both peso and foreign borrowings due to costs of borrowing and other charges.”

Debt servicing is also usually overstated by the Executive as a means to liberally move around funds in the budget, she added.

“Executive control is apparent in the proposed budget. After the budget is passed, Executive power may even disregard the Congress’ approved budget altogether,” Briones said.

She noted that Rep. Ben Evardone of Eastern Samar, an ally of President Benigno S. Aquino III’s Liberal Party, had submitted a bill that, if passed, would redefine savings and allow the Executive to declare and pool “savings” any time within the year.

Last August 1, Briones recalled that Budget Secretary Florencio Abad submitted a proposed bill to redefine savings and unprogrammed expenditures.

This development, she averred, could further diminish Congress’s power of the purse.

“Proposals to redefine ‘savings’ to accommodate practices similar to the controversial Disbursement Acceleration Program (DAP) in the future also further diminish the Congress power of the purse, as it allows the Executive to liberally move funds around beyond the limits of the budget law,” Briones said.

SWP Co-Convenor Isagani Serrano, meanwhile, urged that the national budget be used to address social inequality in the country, adding that the budget in previous years have failed to do so in the pass.

“With our high numbers of growth and gross domestic product (GDP), we also have high rates of unemployment, poverty, and hunger,” said Serrano, president of the Philippine Rural Reconstruction Movement.

He cited that the proposed budget shows that “there has been virtually no improvement in these social indicators,” citing “stark regional disparities among the major islands in the Philippines, with 63 percent (of the proposed 2015 budget) going to Luzon, 16 percent to the Visayas and 21 percent to Mindanao.”

“This is in spite of the fact that the poorest provinces are located in the Visayas and Mindanao,” he said.

“The budget explicitly says that it was crafted for the poor, and with Yolanda (Haiyan) heavily affecting the Visayas, you would have expected more allocations to the Visayas,”

“This isn’t the case,” Serranno said. “The budget is even sorely lacking in addressing climate change adaptation and disaster preparedness.”

Briones exhorted lawmakers to reclaim the legislature’s power of the purse. This is necessary, she said, “to reclaim the balance of power sin government, something that is an important component of our democracy.”

‘Uncovering Asia’ will gather top investigative journalists in Manila

Mark your calendars!

Uncovering Asia: The 1st Asian Investigative Journalism Conference, a breakthrough event, will be held in Manila on Nov. 22-24, 2014.

The conference will bring together top investigative reporters, data journalists, and media law and security experts from across Asia and around the world.

It will mark as well two other important occasions: a special reception honoring the 25th anniversary of the Philippine Center for Investigative Journalism, one of the world’s pioneering nonprofit media centers; and the UN-designated International Day to End Impunity on November 23.

Award-winning journalists and experts on data analysis and visualization, business investigations, corruption, crime, and cross-border collaboration will conduct workshops, including:

* Advanced online search techniques by Internet sleuth Paul Myers of the BBC.

* Tracking business across borders with Investigative Dashboard by the Organized Crime and Corruption Reporting Project.

* Uncovering hidden assets with the Offshore Leaks Database of the International Consortium of Investigative Journalists.

Among the speakers are:

* Mar Cabra, International Consortium of Investigative Journalists

* Ying Chan, University of Hong Kong Media Studies Centre

* Umar Cheema, The News/Center for Investigative Reporting Pakistan

* Reg Chua, Thomson Reuters

* Sheila Coronel, Columbia University School of Journalism

* Kunda Dixit, Nepal Center for Investigative Journalism

* Govindraj Ethiraj, IndiaSpend

* David Kaplan, Global Investigative Journalism Network

* Malou Mangahas, Philippine Center for Investigative Journalism

* Nils Mulvad, Investigative Reporting Denmark

* Paul Myers, BBC

* Syed Nazakat, The Week, India

* Peter Noorlander, Media Legal Defence Initiative

* Paul Radu, Organized Crime and Corruption Reporting Project

* Giannina Segnini, Columbia University

* Drew Sullivan, Organized Crime and Corruption Reporting Project

* Yoichiro Tateiwa, NHK, Japan

Uncovering Asia is hosted by the Global Investigative Journalism Network (GIJN), the Philippine Center for Investigative Journalism (PCIJ), and the Konrad Adenauer Foundation, with additional support from the Open Society Foundations.

GIJN is composed of nonprofit investigative journalism organizations that produce stories, conduct training, provide resources, and encourage the creation of similar nonprofit groups.

PCIJ is a founding member of GIJN.

GIJN was created in 2003 when more than 300 journalists from around the world gathered for the second Global Investigative Journalism Conference in Copenhagen, Denmark. Since then it has grown to more than 100 member organizations in 45 countries.

DAP: Good and bad, open and opaque

PNOY WITH CJ

A LITTLE MORE than two years ago, Palace officials gave birth to what they would later claim to be a new economic stimulus plan to boost economic growth. As is often the case in government, this plan was given a technical- and complex-sounding name for it to have a semblance of bureaucratic gravitas that would lend it the appearance of political neutrality.

Two years and two months later, the controversial Disbursement Acceleration Program or DAP is not just dead in the water; it continues to call attention to itself much like the proverbial albatross around Malacanang’s neck, except that this is one bird that won’t stop flapping just yet.

When the Supreme Court on July 1 declared parts of the DAP program unconstitutional, calls went out for the President’s resignation or impeachment. This, even as Malacanang lashed back at the Supreme Court by claiming that no public funds were lost, pocketed or wasted through DAP. On other words. Malacanang is using the “good faith” defense, an argument that effectively precludes all forms of punishment so long as one is able to declare the absence of malice.

But if there is one thing that many Cabinet members are learning over the past few weeks, one lesson stands out: “Good intentions are not enough.”

In the first of a three-part series by PCIJ Executive Director Malou Mangahas, the PCIJ looks into the beginnings of the DAP program, what was right or wrong about it, how Executive officials see it, and what projects and activities had been implemented, for good or bad results, in its name.

Read Part 1 of the series, The P 144-b DAP Express: A maze of good, bad, open, opaque projects.

A sidebar that traces the history of DAP and in the context of current political and economic events is also included.

The second part of the report deals with how, for all the avowed good intentions to have DAP funds stimulate the economy, the dates, places, quality, and implementation of DAP projects do not seem to match these intentions.

The second part was written by PCIJ Executive Director Malou Mangahas, with Karol Ilagan and Rowena Caronan.

And read part three here.

 

‘Grossly inaccurate’ DAP reports? Abad and DBM grossly opaque

MORE THAN an act of contrition or an apology, a simple act of transparency and a firm gesture of accountability on how the Disbursement Acceleration Program (DAP) funds were disbursed is what the Department of Budget and Management owes the Filipino people, at the very least.

In particular, the full details of which ‘high-impact” projects had been funded, which “slow-moving” projects had been discontinued, and which agencies gained or lost from the multi-billion-peso DAP.

Until DAP came along, transparency and accountability were words in vogue at the DBM under Secretary Florencio ‘Butch’ Abad. It must now walk the talk to show proof of what it claims to be “good faith” in how it disbursed DAP monies.

But today, July 4, two days after the Supreme Court voted unanimously to declare as unconstitutional certain provisions and acts committed under DAP, the DBM has managed only a hem-and-haw, evade-avoid play.

In a press statement issued at about 6 p.m. today, the Public Information Unit under the Office of the DBM Secretary said that “the reported total of P352.7 billion made at the disposal of the Executive branch through DAP in just two years is grossly inaccurate.”

The statement said that. “DBM records as of December 31, 2013 show that only a total of P136.75 billion—P65.59 billion under the 2011 National Budget (R.A. 10147) and P71.16 billion under the 2012 National Budget (R.A. 10155)—was made available to fund high-impact priority projects under the DAP for the mentioned years.”

It added that, “the total amount actually used from this available fund, which was P114.58 billion, is even much lower than the P352.7 billion reported.”

The DBM went on to point out many other details that the news media got wrong. For instance, it clarified:

* “The reported P133 billion worth of overall savings allotted for DAP for 2011 to 2012″ was wrong. DBM records “reflect overall savings of only P119.11 billion comprised of P52.35 billion and P66.76 billion for the 2011 and 2012 Budgets, respectively.”

* “It must be noted that only a total of P19.69 billion were pooled through National Budget Circular No. 541, which only pertains to unobligated allotments withdrawn from different National Government Agencies.”

* “The reported P219.73 billion generated from unprogrammed funds for the two years was just a projection. Only P17.64 billion was actually released for DAP-funded projects according to DBM records.”

* “The inaccuracy in the reported figure for the unprogrammed funds may be a misinterpretation of what was presented in the General Appropriations Act (GAA) as projections versus what was available and what was actually used.”

* “For the record, windfall revenues for 2011 and 2012 only amounted to P18.3 billion and P13.92 billion, respectively, for a total of P32.22 billion. That was the total available fund, not P219.73 billion which was the projection in the 2011 and 2012 GAAs. Of the P32.22 billion, only P17.64 billion of unprogrammed funds were released and utilized for DAP-funded projects.”

So, other than claiming “good faith,” in disbursing DAP, the DBM is telling us that we must trust that it gets its figures right, to the last peso?

But if it truly does, it is fair to assume it also knows full well the details of which projects were funded, by how much, and why, under DAP.

How could people grant the DBM the benefit of doubt that it acted in “good faith” when to this day, it refuses to disclose the full and final list of projects funded with DAP monies?

The DBM has only itself to blame for the “grossly inaccurate” reports because to this day it remains grossly opaque about how it had disbursed DAP funds.

Nine months ago on Oct. 16, 2013, the PCIJ had filed a request with Abad for data and documents covering DAP-funded projects.

In particular, the PCIJ sought information about:

* The list of projects funded under the P85.5-billion DAP (as of 2011), including the location of the project, date of release of the fund, name of endorsing legislator or implementing unit, and the status of the project;

* The list of the projects, including the location of the project and implementing unit, identified in FY 2011 and FY 2010 as “slow-moving projects and programs for discontinuance” that became one of the sources of funds for DAP;

* The list of budget items for realignment in FY 2011 that became one of the sources of funds for the DAP; and

* The list of the “unexpected remittance of dividends from GOCCs, Government Financial Institutions, and sale of government assets.”

On the same day, Oct. 16, 2013, Charisse-Fuschia A. Paderna, head of Abad’s PIO, replied to PCIJ: “The technical team in charge of compiling and verifying the data (was) still finalizing the list to clear it of all possible inaccuracies.”

She assured that the DBM “(would) release the list to all media contacts once every detail has been validated and confirmed.”

PCIJ made subsequent follow-ups and on January 24, 2014, Paderna said that she “(was) still waiting for word from the offices that could best answer (our) questions.”

On Thursday, July 3, PCIJ reminded Paderna that the DBM had not acted on the request for data and documents covering DAP projects that PCIJ filed nine months ago.

Paderna’s more extended reply offered an oblique excuse. She wrote: “I’m very sorry for not addressing your previous queries on DAP; we’ve been quite busy this year — as you might imagine — and I may have forgotten that I hadn’t given you feedback on your request.”

“As much as we want to assist you now, we still can’t provide meaningful comment on all questions related to DAP. We received the SC ruling only yesterday, and we, of course, want to study the decision closely before reaching out to our media partners,” Paderna said.

“For a good while, we were unable to provide a list of the DAP projects, as the SC (was) still deliberating the matter and we did not wish to influence the outcome of the case, whether that decision worked in our favor or not.”

But because of the high court’s decision, Paderna said the DBM is “now similarly constrained.”

Why so? “Because the SC emphasized that the DAP was only partially unconstitutional, we need to approach the full text of the decision very carefully.”

How much time it will take the DBM to study the Supreme Court’s decision is unclear. According to Paderna, “This will take some time, since the DBM is currently preoccupied with the preparation of the 2015 budget; all units — especially Secretary Abad’s office — are working round the clock with agencies and stakeholders so we can meet the deadline for the submission of our proposed budget to Congress.”

The PCIJ told Paderna that all that had been requested are data and documents on the DAP-funded projects, and not the DBM’s opinion on the high court’s ruling.

The typically media-savvy Abad knew about the email and phone calls exchanged between PCIJ and Paderna’s office. Yet still, he has kept mum about DAP.

With its latest press statement blaming the media for filing “grossly inaccurate” reports, the DBM demonstrated to one and all that it has full information on the total disbursements and sources of funds for DAP, down to the last digit.

Indeed, how could it be correct about its sums if it does not know the parts that make up the sums?

Good faith? That’s a tough request to grant, for as long as the DBM remains totally opaque and evasive about the full details of DAP.

It is not gross inaccuracy to say that until the DAP fiasco, transparency, accountability, and good governance are de riguer principles that the DBM under Abad has espoused, in both theory and practice.

Good faith? Why can’t the DBM just stick to script? The least it owes the people is to claim and live by its mantra: Transparency, accountability, and good governance.

The news media has become “grossly inaccurate” because in large measure the DBM has refused to disclose which projects had been funded and discontinued, which fund sources had been realigned and looped in, and which legislators or agencies gained or lost from the humongous unconstitutional creature that is DAP. – PCIJ

SULYAP: Investigating Erap

HE WAS SWEPT into power by an overwhelming populist vote, yet Joseph Ejercito Estrada, the 13th President of the Republic, proved to be much more than just any ordinary citizen.

Beginning July 2000, the Philippine Center for Investigative Journalism published a series of reports on the unexplained wealth of Estrada, his many loves, and his love for many mansions. The reports exposed the President’s lavish lifestyle, and the many business and financial involvements of Estrada and his many families.

Four articles of impeachment were filed against Estrada, three of which were based on PCIJ reports. In November of that same year, Estrada was impeached by the House of Representatives. Two months later, Estrada would be forced from office, and arrested and convicted for plunder.

Today’s Sulyap is a look back at the Estrada investigation, and how the PCIJ stories helped inform the public’s mind on the issues of unexplained wealth and conflicts of interest. This video short was produced and edited by PCIJ Multimedia Producer Julius D. Mariveles.