Clip Presidential impounding powers under Martial Law Decree

Mindanao Lawmakers are calling for the removal of the Presidential power to
impound and stop any expenditures or appropriation authorized by the General
Appropriations Act.
!his power" under Presidential #ecree $$%%" was used by the then incumbent
President during the Martial Law years"& 'ep. 'ufus 'odriguez pointed out.
!ogether with his brother" Abante Mindanao party(list 'ep. Maximo 'odriguez"
'ep. 'odriguez )*
nd
#istrict" +agayan de ,ro +ity- is urging the passage of ./ 0123"
which seeks the deletion of 4ections 5$" 05 and 00 of P# $$%% entitled 'evising the
budget process in order to institutionalize the budgetary innovations of the 6ew 4ociety.&
#uring Martial Law" when the incumbent President continued to issue presidential
decree with the force and effect of law by virtue of Amendment 6o. 2" P# $$%% was
issued"& 'odriguez recalled.
4ection 5$ of said #ecree )automatic appropriation- provides for All expenditure
for )a- personnel retirement premiums" government service insurance" and other similar
fixed expenditures" )b- principal and interest on public debt" )c- national government
guarantees of obligations" which are drawn upon" are automatically appropriated7 provided
that no obligations shall be incurred or payments made from funds thus automatically
appropriated except as issued in the form of regular budgetary allotments.&
4ection 05 provides that the then all powerful President and martial law
administrator can suspend" impound and stop any expenditures or appropriation
authorized by the General Appropriation Act" the authors noted.
8urthermore" 4ection 00 authorized the President to prevail over the /atasang
Pambansa by authorizing him to transfer any fund as approved by the /atasan from any
department" bureau or office to another department" bureau of office.
'odriguez stressed that these sections are vestiges of a martial law regime and has
no place in a democracy where the rule of law and the principle of three co(e9ual branches
of government prevail.
!hese sections have rendered the so(called power of the purse lodged with
+ongress inutile and illusory"& the authors pointed out.
!he authors further argued that it is long overdue that we give +ongress what
rightfully belongs to it under the +onstitution.&
NR # 3533
JULY 20, 2014
!he :xecutive" after all" has that veto power to ob;ect to any particular item of the
budget" sub;ect of course" to the power of +ongress" with two(thirds vote" to override such
veto.&
!he measure has been referred by the +ommittee on Appropriations to the
#epartment of /udget and Management and other stakeholders for their valuable
comments and inputs )position papers- before the panel makes its final action on the bill
after +ongress opens its second regular session on <uly *=.
!he :xecutive #epartment is also expected to submit to +ongress the proposed
*1$3 General Appropriations Act )GAA- a day after the President>s 4tate(of(the(6ation
Address on the last Monday this month. )51- dpt