Institute of Politics and Governance

PRELIMINARY STATEMENT

This is a petition, under Rule 65 of the Rules of Court, for certiorari, prohibition and mandamus, with an application for the issuance of a temporary restraining order and/or writ of preliminary injunction.

This case involves Ten Billion Pesos of public funds. But this case not simply about money; it is about governance. It is the right of the people to good governance, to accountability of local officials, and to the public officials in the fulfillment of their sworn duty to preserve and protect the government structures and processes enshrined in the Constitution.

Involved in this case is the reduction of the Internal Revenue Allotment (IRA) for local governments in the year 2000 General Appropriations Act. This issue occupied newspaper headlines in the last weeks of the year 1999 and the early weeks of the year 2000, delayed the passage of the national budget, and almost caused a four-day paralyzation of the operations of local governments.

The present petition seeks a declaration that any or similar withholding of the IRA by the legislative is an encroachment on the autonomy of local governments that must be struck down for being unconstitutional.

Republic of the Philippines

Supreme Court

Manila

ALTERNATIVE CENTER FOR ORGANIZATIONAL REFORMS AND DEVELOPMENT, INC. (ACORD); BALAY MINDANAW FOUNDATION, INC. (BMFI); BARRIOS, INC.; CAMARINES SUR NGO-PO DEVELOPMENT NETWORK, INC. (CADENET); CENTER FOR PARTICIPATORY GOVERNANCE (CPAG); ENVIRONMENTAL LEGAL ASSISTANCE CENTER, INC. (ELAC); FELLOWSHIP FOR ORGANIZING ENDEAVORS (FORGE); FOUNDATION FOR LOCAL AUTONOMY AND GOOD GOVERNANCE, INC. (FLAGG); INSTITUTE OF POLITICS AND GOVERNANCE (IPG); KAISAHAN PARA SA KAUNLARAN NG KANAYUNAN AT REPORMANG PANSAKAHAN (KAISAHAN); MANGGAGAWANG KABABAIHANG MITHI AY PAGLAYA (MAKALAYA); NAGA CITY PEOPLE’S COUNCIL (NCPC); NGO-PO COUNCIL OF CAMARINES SUR FOR COMMUNITY PARTICIPATION AND EMPOWERMENT, INC. (NPCCS); PAILIG DEVELOPMENT FOUNDATION, INC. (PDFI); PHILIPPINE ECUMENICAL ACTION FOR COMMUNITY EMPOWERMENT FOUNDATION, INC. (PEACE FOUNDATION, INC.); PHILIPPINE PARTNERSHIP FOR THE DEVELOPMENT OF HUMAN RESOURCES IN RURAL AREAS (PHILDHRRA); PILIPINA, INC. (ANG KILUSAN NG KABABAIHANG PILIPINO); SENTRO NG ALTERNATIBONG LINGAP PANLIGAL (SALIGAN); URBAN LAND REFORM TASK FORCE (ULR-TF); ADELINO C. LAVADOR; PUNONG BARANGAY ISABEL MENDEZ; PUNONG BARANGAY CAROLINA ROMANOS,

Petitioners

Versus

HON. RONALDO ZAMORA, in his capacity as Executive Secretary, HON. BENJAMIN DIOKNO, in his capacity as Secretary, Department of Budget and Management, HON. LEONOR MAGTOLIS-BRIONES, in her capacity as National Treasurer, and the COMMISSION ON AUDIT,

G.R. No. ____________

For Certiorari, Prohibition and Mandamus With Application for Temporary Restraining Order.

Respondents.

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Petition for Certiorari
Prohibition and Mandamus
With Application for a Temporary Restraining Order

PETITIONERS, by counsel, respectfully state:

Preliminary statement

This case involves TEN BILLION PESOS of public funds. But this case is not simply about money; it is about governance. It is about the right of the people to good governance, to accountability of public officials, and to the public officials’ fulfillment of their sworn duty to preserve and protect the governmental structures and processes enshrined in the Constitution.

While this Petition was being prepared, this Honorable Court issued on 19 July 2000 its decision in the case entitled, “Aquilino Q. Pimentel, Jr., petitioner; Roberto Pagdanganan, intervenor v. Hon. Alexander Aguirre and Hon. Emilia Boncodin, respondents” G.R. No. 132988. In the said decision, this Honorable Court declared that the President’s unilateral withholding of 10% (later 5%) of the IRA effectively encroached on the fiscal autonomy of local governments. The Honorable Court’s decision is laudable. The resolution, however, merely focused on the Executive’s encroachment on local autonomy, as it was the issue presented before the Court. The present petition seeks a declaration that a similar withholding of the IRA by the Legislative is likewise an encroachment on the autonomy of local governments that must be struck down for being unconstitutional.

While the national and local government officials fight the battle over the IRA in the halls of power, it is the people’s interest that is at risk. The arena for the conflict between the national and local government officials may be ominously quiet at this point. But the IRA issue remains unresolved. Due to the grave importance of this issue to the nation, the people cannot afford to be silent.

This Petition presents the people’s side on the IRA debate.

NATURE AND PURPOSE OF THE PETITION

This is a Petition, under Rule 65 of the Rules of Court, for certiorari, prohibition and mandamus, with an application for the issuance of a temporary restraining order and/or a writ of preliminary injunction. The Petition prays that this Honorable Court issue:

1) A judgment declaring null and void, for being unconstitutional, Section 1, XXXVII (A) and LIV, Special Provisions 1 and 4, of Republic Act No. 8760 entitled, “AN ACT APPROPRIATING FUNDS FOR THE OPERATION OF THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES FROM JANUARY ONE TO DECEMBER THIRTY-ONE, TWO THOUSAND, AND FOR OTHER PURPOSES,” insofar as it reduced the Internal Revenue Allotment (IRA) of local governments by TEN BILLION PESOS (P10B) by placing such amount under the item, “unprogrammed funds,” thereby withholding its release. (Republic Act No. 8760 shall be referred to herein as the year 2000 General Appropriations Act or year 2000 GAA.)

2) A judgment commanding the respondents to cease from implementing the said year 2000 GAA insofar as the P 10 Billion reduction and withholding of the IRA is concerned.

3) A judgment commanding the respondents to automatically release the total IRA due to local governments as mandated by the 1987 Constitution and the Local Government Code of 1991 (Republic Act No. 7160).

4) A Temporary Restraining Order and/or Writ of Preliminary Injunction enjoining the respondents from implementing the year 2000 GAA insofar as the P 10 Billion reduction in the IRA is concerned, and a Writ of Preliminary Mandatory Injunction commanding the respondents to automatically release the total IRA due to local governments as mandated by the 1987 Constitution and the Local Government Code of 1991, during the pendency of this Petition.

BASIS OF THE PETITION

The Petition invokes the Honorable Court’s exercise of its sacred constitutional obligation to determine whether or not there was grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the government. (Art. VII, Sec. 1) The Petition is filed as there is no remedy of appeal and neither is there available to petitioners any other plain, speedy and adequate remedy, administrative or otherwise, in the ordinary course of law. The Petition seeks the issuance of the writ of certiorari, prohibition and mandamus, on the basis of the following:

GROUNDS FOR GRANTING THE PETITION

SECTION 1, XXXVII (A) AND LIV, SPECIAL PROVISIONS 1 AND 4, OF THE YEAR 2000 GAA ARE NULL AND VOID FOR BEING UNCONSTITUTIONAL AS THEY VIOLATE THE AUTONOMY OF LOCAL GOVERNMENTS BY UNLAWFULLY REDUCING BY TEN BILLION PESOS (P10 BILLION) THE INTERNAL REVENUE ALLOTMENTS DUE TO THE LOCAL GOVERNMENTS AND WITHHOLDING THE RELEASE OF SUCH AMOUNT BY PLACING THE SAME UNDER “UNPROGRAMMED FUNDS.” THIS VIOLATES THE CONSTITUTIONAL MANDATE IN ART. X, SEC. 6, THAT THE LOCAL GOVERNMENT UNITS’ JUST SHARE IN THE NATIONAL TAXES SHALL BE AUTOMATICALLY RELEASED TO THEM. IT ALSO VIOLATES THE LOCAL GOVERNMENT CODE, SPECIFICALLY, SECS. 18, 284, AND 286.

SECTION 1, XXXVII (A) AND LIV, SPECIAL PROVISIONS 1 AND 4, OF THE YEAR 2000 GAA ARE NULL AND VOID FOR BEING UNCONSTITUTIONAL AS THEY VIOLATE THE AUTONOMY OF LOCAL GOVERNMENTS BY PLACING TEN BILLION PESOS (P10 BILLION) OF THE INTERNAL REVENUE ALLOTMENTS DUE TO THE LOCAL GOVERNMENTS, EFFECTIVELY AND PRACTICALLY, WITHIN THE CONTROL OF THE CENTRAL GOVERNMENT AUTHORITIES.

SECTION 1, XXXVII (A) AND LIV, SPECIAL PROVISIONS 1 AND 4, OF THE YEAR 2000 GAA ARE NULL AND VOID FOR BEING UNCONSTITUTIONAL AS THE PLACING OF P10 BILLION PESOS OF THE IRA UNDER “UNPROGRAMMED FUNDS” CONSTITUTES AN UNDUE DELEGATION OF LEGISLATIVE POWER TO THE RESPONDENTS.

SECTION 1, XXXVII (A) AND LIV, SPECIAL PROVISIONS 1 AND 4, OF THE YEAR 2000 GAA ARE NULL AND VOID FOR BEING UNCONSTITUTIONAL AS THE PLACING OF P10 BILLION PESOS OF THE IRA UNDER “UNPROGRAMMED FUNDS” CONSTITUTES AN AMENDMENT OF THE LOCAL GOVERNMENT CODE OF 1991, WHICH CANNOT BE DONE IN A GENERAL APPROPRIATIONS ACT AND WHICH PURPOSE WAS NOT REFLECTED IN THE TITLE OF THE YEAR 2000 GAA.

THE YEAR 2000 GAA’S REDUCTION AND WITHHOLDING OF THE IRA UNDERMINES THE FOUNDATION OF OUR LOCAL GOVERNANCE SYSTEM WHICH IS ESSENTIAL TO THE EFFICIENT OPERATION OF THE GOVERNMENT AND THE DEVELOPMENT OF THE NATION.

THE CONGRESS AND THE EXECUTIVE, IN PASSING AND APPROVING, RESPECTIVELY, THE YEAR 2000 GAA, AND THE RESPONDENTS, IN IMPLEMENTING THE SAID YEAR 2000 GAA, INSOFAR AS SECTION 1, XXXVII (A) AND LIV, SPECIAL PROVISIONS 1 AND 4, ARE CONCERNED, ACTED WITH GRAVE ABUSE OF DISCRETION AMOUNTING TO LACK OR EXCESS OF JURISDICTION AS THEY TRANSGRESSED THE CONSTITUTION AND THE LOCAL GOVERNMENT CODE’S PROHIBITION ON ANY INVALID REDUCTION AND WITHHOLDING OF THE LOCAL GOVERNMENTS’ IRA.