Art. X Section 3 LAMP, et al. v Secretary of Budget, et al. G.R. No. 164987, April 24, 2012 MENDOZA, J.

: For consideration of the Court is an original action for certiorari assailing the constitutionality and legality of the implementation of the Priority Development Assistance Fund (PDAF) as provided for in Republic Act (R.A.) 9206 or the General Appropriations Act for 2004 (GAA of 2004). Facts: - LAMP (a group of lawyers who have banded together with a mission of dismantling all forms of political, economic or social monopoly in the country) seeks to enjoin respondent together with the National Treasurer and COA from enforcing PDAF. It contends that GAA of 2004 is silent in its provisions about it thus the automatic or direct allocation of lump sums (as in pork barrel during the Countrywide Development Fund or CDF before) to individual senators and congressmen for the funding of projects is prohibited. In other words, LAMP argues that they do not have the power to propose, select, and identify such programs that would be funded by PDAF and that DBM illegally released those funds to them.

Issue: WON the enforcement of the PDAF by members of Congress is unconstitutional since (1) GAA lacks the express provision to allocate PDAF to them (individual members), and (2) it is against the separation of powers doctrine, that it encroaches upon executive function in the proposal, selection, and identification of projects for funding Held: NO, PDAF is constitutional. Petitioners failed to show clear and convincing evidence (factual and legal basis) that there were actually direct release of funds to the individual members of Congress who disburse them in their sole discretion. The Court cannot exercise judicial legislation in this case since the presumption of validity subsists absent such proof, that must be proof beyond reasonable doubt to establish its unconstitutionality. Also, it cannot be said that it intrudes into executive function since the process stated below seems to show that in effect, the President still exercises the spending of the budget and that members of Congress has a merely recommendatory role:

The DBM lays down the guidelines for the disbursement of fund. The Members of Congress are then requested by the President to recommend projects and programs which may be funded from the PDAF. The list submitted by them is endorsed by the House Speaker to the DBM, which reviews and determines whether such lists of projects submitted are consistent with the guidelines and the priorities set by the Executive.

WHEREFORE, the petition is DISMISSED without pronouncement as to costs.