udk-14951 pedrito m. nepomuceno vs. president benigno simeon c. aquino iii and secretary florencio...

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Page 1: UDK-14951 Pedrito M. Nepomuceno Vs. President Benigno Simeon C. Aquino III and Secretary Florencio "Butch" Abad

Republic of the Philippines SUPREME COURT OF 11/EPHH.IPPINFS

Padre Faura Street, Ermita Manila

PEDRllV M. NEPOMUCENO Ul : "

":'.r ' 1 '9r.-1 ·. ·''!·- ..... \ .. .,{ t... ''t .; "'~'~ ...

Former Mayor- Boac, Marinduque Former Provincial Board Member - Province of Marinduque No. 1 Sta. Lucia Street Barangay Kapitolyo 1603 Pasig City, MM

Petitioner,

-VERSUS-

PRESIDENTBEMGNOSIMEONCAQUINOm Malacanang Palace J.P. Laurel Strreet, San Miguel Manila

And

SECREIARYH..ORENC/0 "BUIUI" ABAD Department of Budget and Management Malacanang Palace J P. Laurel Strreet, San Miguel Manila

Ref. 2013-____ _

Respondents,

~~----------------------------~~

PEIIIION TO DECIARE 11/E CONGRFSSIONALPORK BARRFL, OFFICIALY KNOWN AS 11/E "PRIORIJYDEVELOPMENI' ASSISI'ANCEJiUND (PDAF) AS

UNCONS1I1UIIONALANDFOR1HEISSUANCEOFACEASEANDDF9ST ORDER TO PRESIDENT BEMGNOSIMEON C AQUINOmANDSECRETARY

FLORENCIO "BUIUI'' ABAD OF1HE DEPARTMENT OF BUDGET AND MANAGEMENI' (DBM)) FROM JMPlEMFJV1ING AND IN RFIFASING 11/E

NJNl15

Page 2: UDK-14951 Pedrito M. Nepomuceno Vs. President Benigno Simeon C. Aquino III and Secretary Florencio "Butch" Abad

TO/IHROUGH1HESFNATORSANDCONGRFSSMEN AND IN SIEAD PDAF BEREJFASED TO 11/ELOCAL GOVERNMENT TO

FUND PRIORIJY PRQJFLTSIDENIIFIEDAND APPROVED BY1HFIR RESPECIIJEDEVELOPMENFCOUNCJIS, BARANGAY,

MUMCIPAL,Cl11ESAND PROVIJVCVJAL, ADOPTED BY11/EIRRESPECIIJIE SANGGUMAN AND ASAPPROVEDANDENDORSED BY1HEREGIONAL

JJEVHOPMENFCOUNCILIN CONSULTA1ION Wl1H COJVCERNED DEPARTMEMS, SUCH AS 11/EDPWH, DOT, DOH, DOF, D01C, AND 11/E

NA1IONALECONOMIC DEJFLOPMENI' AU1HORI1Y (NEDA).

PEimONFR

The herein Petitioner is a former Mayor of the Municipality of Boac, Province of Marinduque and a former Provincial Board Member of the Province of Marinduque and now a private concerned citizen with present address at: No. 1 Sta. Lucia Street, Capita/yo, Pasig City, MM

PEIIIION

THIS PETITION IS FOR THE DECLARATION OF THE CONGRES~ONALPORKBARREL, OFFICULYKNOWNASTHE

"PRIORITY DEVELOPMENT ASSISTANCE FUND (PDAF) AS UNCONSTITUTIONAL AND FOR THIS ISSUANCE OF A CEASE AND DESIST ORDER TO PRESIDENT BENIGNO SIMEON C. AQUINO III

AND SECRETARY BUTCH ABAD OF THE DEPARTMENT OF BUDGET AND MANAGEMENT (DBM)) FROM IMPLEMNTNING AND IN RELEASING THE FUNDS TO/THROUGH THE SENATORS AND

CONGRESSMEN AND IN STEAD IT BE RELEASED TO THE LOCAL GOVERNMENT TO FUND PRIORITY PROJECTS IDENTIFIED

APPROVED BY THEIR RESPECTIVE DEVELOPMENT COUNCILS, BARANGAY, MUNICIPAL, CITIES AND PROVINCVIAL AND AS

IDENTIFIED AND APPROVED BY THEIR RESPECTIVE DVELOPMENT COUNCILS AND ENDORSED BY THE REGIONAL DEVELOPMENT

COUNCIL IN CONSULTATION WITH CONCERNED DEPARTMENTS, SUCH AS THE DPWH, DOT, DOH, DOF, DOTC, AND THE NATIONAL

ECONOMIC DEVELOPMENT AUTHORITY (NED A).

FACTS

Our constitution provides for three(3) branches of government, the Executive, the Legislative and the Judiciary;. These branches of government were created for the purpose of having "CHECK AND BALANCE" in

overnment and they have their own distinct function and purpose for us to e able to realize a government truly responsive to the needs and protection if our people.

Page 3: UDK-14951 Pedrito M. Nepomuceno Vs. President Benigno Simeon C. Aquino III and Secretary Florencio "Butch" Abad

As a democratic and republican state, power reside in the people and all government authorities come from them. We reject concentration of power on one person, as in the Marcos dictatorship, and more, so or even concentration of power in a single group thru monopoly of control over financial control of government coffers in the guise of what we call now "PRIORITY DEVELOPMENT ASSISTANCE FUND OR PDAF. Through a research made we define the three branches of our government, "each branch being supreme in its own sphere but with constitutional limits and a firm tripod of checks and balances, as follows:

The E\·eculil'e Branch

The executive hranch is ht:!aded hy the President, who is elected hy a direct

vote of' the people. The term of office of the Pre:·;ident. as well {L',' the Vice­

President, is six (6) years. As head ql the Executive Department, the

President is the Chief Executive. He represents the government as a whole

and sees to it that a/llmvs are eJ?f(wced hy the qfficia/5; and employees (~(his

department. He has control over the executive departn1ent, bureaus and

offices. This 1neans that he has the authori(l' to assume direct(1' thefzmctions

(~( the executive department. bureau and office or inte!fere with the

discretion (d. its officials. Corollmy tu the puwer (~l control, the President

also has the dll(v ofsupervising the el?(orcernent <?llaws for the maintenance

qfgeneral peace and puhlic order. Thus, he is granted administrative power

over buremts and offices under his control to enable him to discharge his

duties effective(v.

The President o:ercises general supervision over all local government units

and is also the Conunander-in-Chief(?(the Armed Ff.wces o(the Philippines.

Under the existing Presidential fhrm o( government. the exeL:utive and

legislative branches are entire(v separate, subfect on(l' 10 the mechanisms of

checks and halanees.

The Legb.;/atiPe Branch

The legislative hranclz. which has the Lmthority to make. alter or repeal laws

{see also the de.finition q( "legislative pawer). is the Congress. "Congress is

.\ ~/--)ve.sted wi~h t~Je tremem:o.us poll'e'.· of'the pz.trse. traditim.wlzv recogni~ed in

, the constllulmnal provtswn thar no money shall he pmd ol/1 qt the Treosw~v

J except in pw·suonce (?(an appropriation made by law. ·It comprehends horh

Page 4: UDK-14951 Pedrito M. Nepomuceno Vs. President Benigno Simeon C. Aquino III and Secretary Florencio "Butch" Abad

the pmver to generate money hy taxation (the pmver /()tax) ami the power to

spend it (tlw power to appropriate). 777e power to appropriate carries with it

the pmver to spec[(v the amount that may he spenr and the purpose for which

ir may he spent.

Under a bicameral system, the Congress is composed<~( the Senote and rhe

Ho1tse <?f.Representotives·

The Judiciary

Judici(ny power is ·vested in rhe Supreme C'ourt and in such lml'er courts as

IJ/(~\' he established hy law The judicim:v has the moderating power to

determine the proper allocation <?l powers between the hronches of

guvernmem. JVhen the '_'judicimy medimes to allocate consritutional

houndaries. it does not assert arzv superiority ovt.'r the orher departments,· it

dues not in rea/in· nulli(i• or i-nvalidate on oct o( the legislature, hut (JJ7Zl'

asserts the solemn and sacred obligation assigned to it hy the Constitution to

deterrnine cor!flicting claims of' outhori(l• under the Constitution and to

establish jhr the parties in on actual controveny the righrs which tlwt

instnnnent secures ond guarantees to them. " in rhe words < ~(CI!i<f Jnst i( , ·

NtT!Iuro ,\. i'unu: The Judicimy may not have the power o(the sword. !n{~1'

not have the power o( the purse, hm ir has the po11'er 10 interpret the

C'onstitution, am/the Lmcrring le.s·sons of'hi.\'{01:1' tell us that right~v H'ielded,

that pmver con make a dU!erencejor good.

1Vhile Congress has the power to define, prescribe and upporrion the

juris·diction o( the various courts, Congres.'' comwr depriPe the Supremu

Court of its jurisdiction provided in rhe ( 'onstitution No lm1· shu// ulso he

pa•;sed reor,CJ,anizing thejudicim:l' ll'hen iT undermines the security r~/!emtre

of' its memhers. 777L' Supreme Court also has administrative supervision over

all courts ond the personnel thereof.' having the pmt•er to discipline or

dismiss judges o(/mt•er courts.

ISSUE

1. Nowhere in the above mentioned functions and authority of the Legislative Branch of our government says that they may identify vroiects and vrovide funds thereof in behalf of the Local eovernment

Page 5: UDK-14951 Pedrito M. Nepomuceno Vs. President Benigno Simeon C. Aquino III and Secretary Florencio "Butch" Abad

Units;

2. The Legislative Branch may pass the Appropriation Act but they have no power of identifY projects as this function is vested in the Executive Branch through the Local Government Units; with PDAF they (Legislative) are encroaching into the territory of the Executive Branch of our Government and this is a violation of our Constitution;

3. P DAF has been proven to be counter productive as projects are identified by Legislators who are not familiar and knowledgeable with the situation in the LGUs, especially in Congressional District whose Governor does not belong to the same Political Party as the Congressman or Senator;

4. P DAF has become the most abused and misused fimds of all available funds in our government so that we may call it now as "Mother of all Corruptions"; it has become a suppressive scheme as it was become a tool to divide our leaders and our people rather than a development tool to develop our nation; there is no need to enumerate how the PDAF are abused and misused as we can feel the effect as they are all over, hospitals without equipment and medicine and dilapidated ambulance; fire department without fire engines, ghost reforestation program/project which has caused flooding everywhere "band aid" flood control project, lack of classrooms and books, no highway patrol cars (and we can see Congressmen and Senators with their big SUVs); squatters or informal settlers all over with some of them being swept away by flood waters; we can go on and on and we can always trace all our miseries back to corruption in government- in particular failure of the PDAF as an economic tool; less corruption means more development and less miseries for our people;

5. What makes my heart bleed more is when I visit Barangays in far flung areas of our province with no access to potable water and when I watched a TV program showing Barangay folks fetching water from a well located kilometers away from their house, school children walking kilometers n going to school without a slipper on their feet, etc. etc. etc. . ......... as if they are not part of our government or they can not feel the presence of their government.

PRAYER5

FOR THE HONORABLE SUPREME COURT TO DECLARE THE /) CONGRESSIONAL POJU( BARREL, OFFICIALY KJV, WN AS THE

: ) "PRIORITY DEVELOPMENT ASSISTANCE FUND PDAF) AS 1 UNCONSTITUTIONAL AND FOR THEM TO ISSUA!!JC A CEASE AND

DESIST ORDER TO PRESIDENT BENIGNO SIMEO AQUINO Ill

Page 6: UDK-14951 Pedrito M. Nepomuceno Vs. President Benigno Simeon C. Aquino III and Secretary Florencio "Butch" Abad

AND MANAGEMENT (DBM)) FROM IMPLEMNTNING AND IN RELEASING THE FUNDS TO/THROUGH THE SENATORS AND

CONGRESSMEN AND IN STEAD IT BE RELEASED TO THE LOCAL GOVERNMENT TO FUND PRIORITY PROJECTS IDENTIFIED

APPROVED BY THEIR RESPECTIVE DEVELOPMENT COUNCILS, BARANGA Y, MUNICIPAL, CITIES AND PROVINCVIAL AND AS

IDENTIFIED AND APPROVED BY THEIR RESPECTIVE DEVELOPMENT COUNCILS AND ENDORSED BY THE REGIONAL

DEVELOPMENT COUNCIL IN CONSULTATION WITH CONCERNED DEPARTMENTS, SUCH AS THE DPWH, DOT, DOH, DOF, DOTC, AND

THE NATIONAL ECONOMIC DEVELOPMENT AUTHORITY (NEDA).

FOR A CLEAR DELINEATION OF FUNCTION AND BETTER IMPLEMENT/ON OF GOVERNMENT PROJECTS LET US CONFINE THE SENATE AND HOUSE OF REPRENTATIVES TO THEIR LEGISLATIVE FUNCTIONS AND MOST IMPORTANTLY REMOVE THE QUAGMIRE OF CORRUPTION BROUGHT ABOUT BY PDAF IN THE LEGISLATIVE BRANCH OF OUR GOVERNMENT

In closing may I inform you that I am not a Lawyer and I ask for your indulgence and leniency so that if there are flaws in the preparation of this Petition. I respectfully ask the Honorable Members of the Supreme Court of the Philippines that they consider the merits of this Petition and to think of the welfare of our people. You may dismiss this Petition outright and I will respect it, but please decide base on merits of the case and not on technicalities and let us show that we don 't need lawyers to air our grievances thru our courts and that let us give true meaning that as a democratic and republican state,· power reside in the people and all government authorities come from them.

IN WITNESS WHEREOF, I have hereunto affixed my signature this th day of August, 2013 at Pasig City, Metropolitan Manila, Philippines.

'1 '~ 1\)\~ -b..~G (w

SUBSCRIBED AND SWORN TO before me tim_ day of August 2013 with Petitioner exhibiting his Community Tax Certificate Number 01262138

issued on March 04, 2013 issued in Mandaluyong City and Land Transportation Office Professional Driver's License No. D0375001528, that he is the same person who personally signed before me the foregoing

Page 7: UDK-14951 Pedrito M. Nepomuceno Vs. President Benigno Simeon C. Aquino III and Secretary Florencio "Butch" Abad

/~/~d?h.~~ ATTY. LUCILA M. LAWAS-YUTOK

Notary Public 686-B Shaw Blvd., Kapitolyo, Pasig City, Tel. No. 492-6473

Until December 31,2014 PTR No. 8048577, Issued on 01-04-13, Pasig city

IBP No. 908219 Issued on 12-06-12, Pasig City TIN 162-942-995-000 IBP Roll No. 28494

MCLE Compliance No. 1-0006299 Appointment No. 42 (2013-2014) Renewal

7

Page 8: UDK-14951 Pedrito M. Nepomuceno Vs. President Benigno Simeon C. Aquino III and Secretary Florencio "Butch" Abad

Republic of the Philippines SUPREME COURT OF 1HE PIDUPPINES

Padre Faura Street, Ermita Manila

PEDRliV M. NEPOMUCENO Former Mayor- Boac, Marinduque Former Provincial Board Member -Province of Marinduque No. 1 Sta. Lucia Street Barangay Kapitolyo 1603 Pasig City, MM

Petitioner,

-~

-VERSUS- Ref. 201l-___ _

PRFSIDENTBEMGNOSIMEONCAQUINOm Malacanang Palace J. P. Laurel Strreet, San Miguel Manila

And

SECREIARYFLORENC/0 "BU1Ul" ABAD Department of Budget and Management Malacanang Palace J. P. Laurel Strreet, San Miguel Manila

Respondents,

~-------------------------------x

I

PEIIIION TO DEaARE 1HE CONGREWONALPORK BARRH, OFFlCIALY KNOWN AS 1HE 'PRIORI1YDEVFLOPMENr ASSISTANCE FUND (PDAF) AS

UNCONS1TlU110NALAND FOR IHEISSUANCE OF A CEASE AND DFSTST ORDERTOPRFSIDENTBEMGNOSIMEONCAQUINOmANDSECREIARY

FLORElVCIO"BU1Ul"ABADOF1HEDEPARTMENI'OFBUDGErAND MANAGEMENI' (DBM)) FROM IMPIEMF1V1ING AND IN REfEASING 11/E

FCJJVm

Page 9: UDK-14951 Pedrito M. Nepomuceno Vs. President Benigno Simeon C. Aquino III and Secretary Florencio "Butch" Abad

TO/IHROUGH1HESENAWRSANDCONGRFSSMEN AND IN SlE4D PDAF BE KElE4SED TO 11/ELOCAL GOVERNMENT TO

RJND PRIORI1Y PRQJECJSIDENIIFlEDAND APPROVED BY11/FJR ~DEVELOPMENI'COUNCllS, BARANGAY,

MUNICIPAL,01JESAND PROVINCVIAL,ADOP1ED BY1HEIR~ SANGGUMAN AND ASAPPROVEDANDENDORSEDBY1HEREGIONAL

JJEVHOPMENI'COUNCJLIN CONSULTA1ION Wl1H CONCERNED DEPARTMENIS, SUCH AS 11/E DPWH, DOT, DOH, DOF, DOTC, AND 1HE

NAIIONALECONOMIC DEVFLOPMENI' AU1HORI1Y (NEDA).

PElTIIONFR

The herein Petitioner is a former Mayor of the Municipality of Boac, Province of Marinduque and a former Provincial Board Member of the Province of Marinduque and now a private concerned citizen with present address at: No. 1 Sta. Lucia Street, Capita/yo, Pasig City, MM

PElTIION

THIS PETITION IS FOR THE DECLARATION OF THE CONGRES~ONALPORKBARREL, OFFICULYKNOWNASTHE

"PRIORITY DEVELOPMENT ASSISTANCE FUND (PDAF) AS UNCONSTITUTIONAL AND FOR TH£5 ISSUANCE OF A CEASE AND DESIST ORDER TO PRESIDENT BENIGNO SIMEON C. AQUINO III

AND SECRETARY BUTCH ABAD OF THE DEPARTMENT OF BUDGET AND MANAGEMENT (DBM)) FROM IMPLEMNTNING AND IN RELEASING THE FUNDS TO/THROUGH TilE SENATORS AND

CONGRESSMEN AND IN STEAD IT BE RELEASED TO THE LOCAL GOVERNMENT TO FUND PRIORITY PROJECTS IDENTIFIED

APPROVED BY THEIR RESPECTIVE DEVELOPMENT COUNCILS, BARAN GAY, MUNICIPAL, CITIES AND PROVINCVIAL AND AS

IDENTIFIED AND APPROVED BY THEIR RESPECTIVE DVELOPMENT COUNCILS AND ENDORSED BY THE REGIONAL DEVELOPMENT

COUNCIL IN CONSULTATION WITH CONCERNED DEPARTMENTS, SUCH AS THE DPWH, DOT, DOH, DOF, DOTC, AND THE NATIONAL

ECONOMIC DEVELOPMENT AUTHORITY (NEDA).

FACTS

Our constitution provides for three(3) branches of government, the Executive, the Legislative and the Judicimy. These branches of government were created for the purpose of having "CHECK AND BALANCE" in government and they have their own distinct function and purpose for us to be able to realize a government truly responsive to the needs and protection of our people.

Page 10: UDK-14951 Pedrito M. Nepomuceno Vs. President Benigno Simeon C. Aquino III and Secretary Florencio "Butch" Abad

As a democratic and republican state, power reside in the people and all government authorities come from them. We reject concentration of power on one person, as in the Marcos dictatorship, and more, so or even concentration of power in a single group thru monopoly of control over financial control of government coffers in the guise of what we call now "PRIORITY DEVELOPMENT ASSISTANCE FUND OR PDAF. Through a research made we define the three branches of our government, "each branch being supreme in its own sphere but with constitutional limits and afirm tripod ofchecks ond balances. as follows:

11Je Erecutive Branch

The e.Yecwive branch is heoded hy the President. 1rlw is elected In· u direcl

vOle o/the people. The term of o/fic·e o( !hi.! President. os well us rhe 1 'ice­

President. is six (6) yeurs. As hem/ of rhe EYecwh·e Depunmellf, the

President is the Chief' r:xecutive. He represents the gm·ermnent OS ([ lriw/e

ond see:.; to ir that all laws ure Cl?thrced hy the oj/icials and cmploye<:'s of his

dcJhlrtmcm. flu has control over the cxucutive deportment. bureaus and

otfh·es. This means rhut hi.! has the uwhorit\' to ussumc direc1h· thc•.filllcTions

o( the ~.:xecutil•c departmelll. bureau and of/ice or inlertere H'it/1 the

discretion of its t!f/lciols. Coro/lm:\' to the power of control, rhe Prl..!sidcnr

ulso has rhe dll(\' (?f.'>'lfj)t'ITising the elttorccmcnl u(luws j(w rile nwimenonn:

o/r!,eneral peace and puh/ic order. Thus. he is grumed odminisrrarive power

m·er hureaus uml oflices under his colllrol to cnuh/c him to disc/wn!,e his

dw ies effect iveh ·. ' ! • ~ •

The Presiclem exercises general supervision over u/1 loud gm'<:'nzment units

und is also rhe CummandcT-in-Chie(of rhe Armed Foret.:.\' o(rhe Philir>pines.

l/nder the exisTing Presidenliol thrill ut goFcrnntent. the e.recuth·e und

legislative brunches ore enlire~\' sepurU!e. s11hject on~\' to rhe meclwnisms of

checks and hu/anc·es.

11te LeJ.:islalh'e Branch

lhe leg,islmivc hranch. 1rhich hus !he awhori(l' to mukc. ulter or l'i.:.'J'I.!o! /mrs

(see also the definition of .. /egislotive pmFer). is rlze Congress ... Congress· is

vested ll'ilh the tremendous pmrer <?fthe ;mrse. truditionolf1' recognized in

rhe constitllfionul provision thor ·no nwm:1' shu// he JHtid our r!l tlh) Treosl!l:r

except in pursuance o/(117 uppropriation mode h.\' law ·it comprehends hoth

Page 11: UDK-14951 Pedrito M. Nepomuceno Vs. President Benigno Simeon C. Aquino III and Secretary Florencio "Butch" Abad

rhe JHJII'cr to generate money hy taxation (the power to tax) and the j)(nrer to

spend it (rhe pmver to appropriate). The power to appropriate carries with it

the pmrer to spec{f.i• the amount that may he spent and the purposefhr ll'hich

ir may hi! spenr.

Under a hicameral system, the Congress is composed (d' the Senate und the

House (?(Representatives

171e Judicim:r

.Judicicny po\l'er is vestt.!d in rhe Supreme Court ond in such lower courts as

1110.\' he esrohlisht!d hy law The judichny hos rhe moderolin.l.!, pml'er to

dercrminc rhc JJropcr ollocation o( pmt•crs hetll'een the hnmdu's o(

governmem. IVhcn rhe 'judiciw~\' mediates 10 allocme consritutimwl

houndarie.•;, ir does not asserT any superiori~v over the other depurrmems: it

does not in reali~v lllllli6• or invalidate an ocr o( the legislmurt_', hur on(\'

asserts the so/eiJ/11 and sacred oh/igotiun assigned ro it h\' the Consrirution ro

determine cm?flicting claims r~( ourhori(\' under the Constitution and ro

establish }or the parries in 011 acrua/ controveny 1hc rig/us which that

instrument secures and guarantees to them. ·· In the words olt lild .Jusli< ·~ ·

il'('lnuro .\ i'uuu: The JudicimT may not hoPe the eower o(the sl!'ord, ma.\'

not have rhe power of' the purse. hut it has the power to interprer the

Constitution. and the unerring lessons of'histm:\' tell us that righrly wielded,

rhat power con make o d[j/Crence.fur good.

H'hile Congress has rhe pmrer to define. prcscrihe and opt>orTiun rhe

jurisdiction r~( the various courts. Congress comwr deprive the Supreme

C'ourf o( its jurisdiction providi!d in the Constitution ,Vo lull' sholl also he

j){{ssed reorganizing thejudicim:l' ll'hcn it undermines the sccurif.1' of tenure

o(its memhers. The S'upreme Court also /ws odministrarivc supervision over

all courrs ond the personnel thereof." ho1'ing the pml'er ru discipline or

dismiss judges o(lower courts.

ISSUE

1. Nowhere in the above mentioned functions and authority of the Legislative Branch of our government says that they may identify nrniPrf."' nnrJ nrnvirJP fund"' fhPrPnf in nPhn/f nf thP f.nrn/ anvPrnmPnf

Page 12: UDK-14951 Pedrito M. Nepomuceno Vs. President Benigno Simeon C. Aquino III and Secretary Florencio "Butch" Abad

Units;

2. The Legislative Branch may pass the Appropriation Act but they have no power of identify projects as this function is vested in the Executive Branch through the Local Government Units; with PDAF they (Legislative) are encroaching into the territory of the Executive Branch of our Government and this is a violation of our Constitution;

3. PDAF has been proven to be counter productive as projects are identified by Legislators who are not familiar and knowledgeable with the situation in the LGUs, especially in Congressional District whose Governor does not belong to the same Political Party as the Congressman or Senator;

4. PDAF has become the most abused and misused funds of all available funds in our government so that we may call it now as "Mother of all Corruptions"; it has become a suppressive scheme as it was become a tool to divide our leaders and our people rather than a development tool to develop our nation; there is no need to enumerate how the PDAF are abused and misused as we can feel the effect as they are all over, hospitals without equipment and medicine and dilapidated ambulance; fire department without fire engines, ghost reforestation program/project which has caused flooding everywhere "band aid" flood control project, lack of classrooms and books, no highway patrol cars (and we can see Congressmen and Senators with their big SUVs); squatters or informal settlers all over with some of them being swept away by flood waters; we can go on and on and we can always trace all our miseries back to corruption in government - in particular failure of the P DAF as an economic tool; less corruption means more development and less miseries for our people;

5. What makes my heart bleed more is when I visit Barangays in far flung areas of our province with no access to potable water and when I watched a TV program showing Barangay folks fetching water from a ·well located kilometers away from their house, school children walking kilometers n going to school without a slipper on their feet, etc. etc. etc. . ......... as if they are not part of our government or they can not feel the presence of their government.

PRAYERS

FOR THE HONORABLE SUPREME COURT TO DECLARE THE CONGRESSIONAL PORK BARREL, OFFICIALY KNOWN AS THE

"PRIORITY DEVELOPMENT ASSISTANCE FUND (PDAF) AS UNCONSTITUTIONAL AND FOR THEM TO ISSUANf;E A CEASE AND

DESIST ORDER TO PRESIDENT BENIGNO SIMEON C. AQUINO III

Page 13: UDK-14951 Pedrito M. Nepomuceno Vs. President Benigno Simeon C. Aquino III and Secretary Florencio "Butch" Abad

.. l

AND MANAGEMENT (DBM)) FROMIMPLEMNTNING AND IN RELEASING THE FUNDS TO/THROUGH THE SENATORS AND

CONGRESSMEN AND IN STEAD IT BE RELEASED TO THE LOCAL GOVERNMENT TO FUND PRIORITY PROJECTS IDENTIFIED

APPROVED BY THEIR RESPECTIVE DEVELOPMENT COUNCILS, BARANGAY, MUNICIPAL,CITIES ANDPROVINCVIALANDAS

IDENTIFIED AND APPROVED BY THEIR RESPECTIVE DVELOPMENT COUNCILS AND ENDORSED BY 1HE REGIONAL DEVELOPMENT

COUNCIL IN CONSULTATION WITH CONCERNED DEPARTMENTS, SUCH AS THE DPWH, DOT, DOH, DOF, DOTC, AND THE NATIONAL

ECONOMIC DEVELOPMENT AUTHORITY (NEDA).

FOR A CLEAR DELINEATION OF FUNCTION AND BETTER IMPLEMENT/ON OF GOVERNMENT PROJECTS LET US CONFINE THE SENATE AND HOUSE OF REPRENTATIVES TO THEIR LEGISLATIVE FUNCTIONS AND MOST IMPORTANTLY REMOVE THE QUAGMIRE OF CORRUPTION BROUGHT ABOUT BY PDAF IN THE LEGISLATIVE BRANCH OF OUR GOVERNMENT

In closing may I inform you that I am not a Lawyer and I ask for your indulgence and leniency so that if there are flaws in the preparation of this Petition. I respectfidly ask the Honorable Members of the Supreme Court of the Philippines that they consider the merits of this Petition and to think of the welfare of our people. You may dismiss this Petition outright and I will respect it, but please decide base on merits of the case and not on technicalities and let us show that we don't need lawyers to air our grievances thru our courts and that let us give true meaning that as a democratic and republican state, power reside in the people and all government authorities come from them.

IN WITNESS WHEREOF, I have hereunto affixed my signature this th day of August, 2013 at Pasig City, Metropolitan Manila, Philippines.

CENO

SUBSCRIBED AND SWORN TO before mtp«jij 2- 3 lW~f August 2013 with Petitioner exhibiting his Community Tax Certificate Number 01262138

issued on March 04, 2013 issued in Mandaluyong City and Land Transportation Office Professional Driver's License No. D037500/ 528, that he is the same person who personally signed before me the foregoing

Page 14: UDK-14951 Pedrito M. Nepomuceno Vs. President Benigno Simeon C. Aquino III and Secretary Florencio "Butch" Abad

tkL~M·.~~ Notary Public

686-B Shaw Blvd., Kapitolyo, Pasig City, Tel. No. 492-6473 Until December 31,2014

PTR No. 8048577, Issued on 01-04-13, Pasig city IBP No. 908219 Issued on 12-06-12, Pasig City

TIN 162-942-995-000

Doc. No.~~ Page No. t ,

BookNo. " flj Series of 2013

IBP Roll No. 28494 MCLE Compliance No. 1-0006299

Appointment No. 42 (2013-2014) Renewal

7