Author Topic: Authorizing access to General Fund 151 (Dept of Energy)  (Read 485 times)

adroth

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Authorizing access to General Fund 151 (Dept of Energy)
« on: January 04, 2018, 09:59:02 PM »
From: http://abernales.com/eo848.htm

Executive Order No. 848

AUTHORIZING THE USE OF THE SPECIAL ACCOUNT IN THE GENERAL FUND (FUND 151) OF THE DEPARTMENT OF ENERGY FOR PURPOSES AS MAY BE DIRECTED BY THE PRESIDENT OF THE PHILIPPINES

WHEREAS, the Department of Energy (DOE) is authorized to coiled fees, revenue and receipts from any and all sources including receipts from service contracts and agreements such as application and processing fees, signature bonus, discovery bonus, production bonus, collection from concessionaires, representing unspent work obligations, fines and penalties, royalties,: rentals, production share on service contracts and similar payments on exploration, development and exploitation of energy resources in accordance with Sections 3 and 8 of Presidential Decree (P.D.) No. 910 (Creating an Energy Development Board, Defining its Powers and Functions, Providing Funds, Therefor, and For Other Purposes);

WHEREAS, the above-enumerated collections has been constituted as a Special Account in the General Fund – Fund 151 (SAGF-151) of the DOE to be used to finance energy resource development and exploration programs and projects of the government and for such other purposes as may be directed by the President of the Philippines, pursuant to Section 6 of P.D. No. 910; and
 
WHEREAS, the SAGF-151 of the DOE may be utilized only by the DOE for the above-mentioned purposes under existing budgeting, accounting and auditing laws, rules and regulations.

NOW, THEREFORE, I, GLORIA MACAPAGAL-ARROYO, President of the Republic of the Philippines, by virtue of the powers vested in me by law, do hereby order:

SECTION 1.  Release of Funds.  – The Department of Budget and Management (DBM) is hereby authorized to release funds, in such amount as may be necessary, from the SAGF-151 of the DOE, to the implementing agency (IA) concerned, for purposes as may be authorized by the President of the Philippines:  Provided, That the release of funds shall be subject to the following:
 
(a)       Request for release of funds by the IA;
 
(b)       Bureau of the Treasury (BTr) certification on the availability of funds deposited with the SAGF-151 of the DOE; and
 
(c)       Existing laws and budgetary, accounting and auditing rules and regulations.

SEC. 2.  Implementing Agency.  – The IA shall be responsible for the implementation of the programs and projects, and its disbursements/expenditures shall be subject to applicable laws and budgeting, accounting and auditing rules and regulations.
 
For recording purposes, the DBM shall authorize the IA to open and maintain a SAGF for the amounts released pursuant to this Executive Order (EO).  In case the IA is a Local Government Unit, the SAGF shall be issued to DBM; and if the IA is a Government Owned or Controlled Corporation, the SAGF shall be issued to the BTr.
 
SEC. 3.  Repealing Clause.  – All EOs, rules, regulations and other issuances or parts thereof, which are inconsistent with the provisions are hereby repealed or modified accordingly.

SEC. 4.  Effectivity.  – This EO shall take effect immediately.
 
Done in the City of Manila, this 13th day of October in the year of Our Lord, Two Thousand and Nine.

adroth

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Re: Authorizing access to General Fund 151 (Dept of Energy)
« Reply #1 on: July 07, 2018, 08:50:29 PM »
Aquino asks SC to lift TRO on pork barrel funds, says reforms will work
By: Christian V. Esguerra - @inquirerdotnet Philippine Daily Inquirer / 05:41 PM September 24, 2013

President Benigno Aquino III. AP FILE PHOTO

MANILA, Philippines — Saying “reforms are already underway,” President Benigno Aquino III and fellow respondents have asked the Supreme Court to junk petitions seeking to have the pork barrel system declared as unconstitutional.

In a 23-page comment filed Monday, the Office of the Solicitor General also urged the high tribunal to lift the temporary restraining order on the Priority Development Assistance Fund (PDAF) in 2013.

The respondents argued that the TRO would “work to the damage of innocent citizens who rely on the operations of the PDAF for educational and medical assistance purposes.”

< Edited >

“The reported abuses of the PDAF are problems of implementation, they do not go into the constitutionality of the law, as defined by this Honorable Court’s existing jurisprudence,” argued the OSG, which filed the comment for all respondents except Senate President Franklin Drilon.  The other main respondents are President Aquino, Executive Secretary Paquito Ochoa, Budget Secretary Florencio Abad, Speaker Feliciano Belmonte Jr.

The OSG comment called the Malampaya Fund and the President’s Social Fund – described by critics as Aquino’s pork barrel – as “special funds, the disposition of which have been constitutionally delegated to the President.”

“The Congress has the constitutional authority to create special funds and there is no constitutional basis to compel the Executive to include ‘off-budget’ items in the GAA [General Appropriations Act],” the respondents said.

The OSG insisted that Aquino “has officially declared his intent to abolish PDAF and has specified his plan to replace [it] with a defined program of line-item budgeting.”

< Edited >

Read more: http://newsinfo.inquirer.net/494213/aquino-asks-sc-to-lift-tro-on-pork-barrel-funds-says-reforms-will-work#ixzz5KdCbLk2m

adroth

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Re: Authorizing access to General Fund 151 (Dept of Energy)
« Reply #2 on: July 07, 2018, 08:53:18 PM »
Philippine court rules 'pork barrel' fund illegal in blow to Aquino
Reuters Staff

https://www.reuters.com/article/us-philippines-corruption-idUSBRE9AI09120131119

MANILA (Reuters) - The Philippines’ highest court ruled on Tuesday that a widely misused fund for legislators’ pet projects was unconstitutional in an embarrassing blow for President Benigno Aquino and ordered the money be returned to the Treasury.

The scandal over lawmakers’ misuse of “pork barrel” funds has become the biggest crisis of Aquino’s three-year rule, tainting his image as a corruption fighter and undermining his ability to push economic reforms.

The Priority Development Assistance Fund (PDAF) has been widely lambasted for channeling money to projects solely to impress voters, though many of the projects have turned out to be non-existent.

< Edited >

adroth

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Re: Authorizing access to General Fund 151 (Dept of Energy)
« Reply #3 on: July 07, 2018, 09:28:01 PM »
The following article came out before the SC ruling above.

=====

President ‘very strict’ about Malampaya Fund, now P130B
By: Michael Lim Ubac - Day Desk Chief / @umichaelNQ
Philippine Daily Inquirer / 01:22 AM September 21, 2013

The Malampaya Fund’s current balance stands at P130 billion, and President Benigno Aquino III spent only P15 billion from the fund in 2011 and 2012 “for energy-related projects including the purchase, refurbishment and transport of a US Coast Guard cutter,” Malacañang said Friday.

The Palace justified the use of Malampaya funds for the ship renamed BRP Gregorio del Pilar as it will be used to secure our energy resources in the disputed West Philippine Sea (South China Sea).

Unlike the Arroyo administration, Mr. Aquino’s government did not dip into the fund and spend the money for purposes other than what was provided by Presidential Decree No. 910 of the late dictator Ferdinand Marcos, said deputy presidential spokesperson Abigail Valte.

The Marcos-era decree provides that royalties and proceeds from the exploitation of energy resources should form part of a special fund to finance energy development projects of the government.

< Edited >

“There have been 10 projects funded, sourced from the Malampaya Fund since the President took over on June 30, 2010,” said Valte.

But presidential spokesperson Edwin Lacierda admitted in a previous interview that Mr. Aquino had tapped into the fund to pay for the P423-million refurbishment of the US Coast Guard Hamilton Class cutter that the government acquired from the United States in 2011. The vessel has now been renamed the BRP Gregorio del Pilar, one of only two warships that the country owns.

He justified the use of Malampaya money because the refurbished Gregorio del Pilar was to be used “to secure our energy resources” in the West Philippine Sea.

“So we have been very studious and judicious in the use of the Malampaya (Fund),” Lacierda said.

< Edited >

In 2012, the Aquino government tapped the fund for two programs: the Barangay Line Enhancement and Sitio Electri fication Projects, P1.108 billion; and for the transfer, dry-docking and periodic hull maintenance costs of one weather high-endurance cutter class vessel, P880.6 million.



Read more: http://newsinfo.inquirer.net/491851/president-very-strict-about-malampaya-fund-now-p130b#ixzz5KdLAhabo
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