Author Topic: Article XIV, Sec. 5: Budgetary priority for education  (Read 2904 times)

adroth

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Article XIV, Sec. 5: Budgetary priority for education
« on: July 31, 2017, 07:54:31 AM »
1987 Constitution - Article XIV
Approved: 02 February 1987
EDUCATION, SCIENCE AND TECHNOLOGY, ARTS, CULTURE AND SPORTS

http://www.comelec.gov.ph/?r=References/RelatedLaws/Constitution/1987Constitution/Article14

< Edited >

Section 5.

The State shall take into account regional and sectoral needs and conditions and shall encourage local planning in the development of educational policies and programs.

Academic freedom shall be enjoyed in all institutions of higher learning.

Every citizen has a right to select a profession or course of study, subject to fair, reasonable, and equitable admission and academic requirements.

The State shall enhance the right of teachers to professional advancement. Non-teaching academic and non-academic personnel shall enjoy the protection of the State.

The State shall assign the highest budgetary priority to education and ensure that teaching will attract and retain its rightful share of the best available talents through adequate remunerationand other means of job satisfaction and fulfillment.


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« Last Edit: February 12, 2019, 01:43:37 PM by adroth »

adroth

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Re: Article XIV, Sec. 5: Budgetary priority for education
« Reply #1 on: February 11, 2019, 06:36:38 AM »
How the highlighted section below . . .

1987 Constitution - Article XIV
Approved: 02 February 1987
EDUCATION, SCIENCE AND TECHNOLOGY, ARTS, CULTURE AND SPORTS

< Edited >

The State shall assign the highest budgetary priority to education and ensure that teaching will attract and retain its rightful share of the best available talents through adequate remunerationand other means of job satisfaction and fulfillment.

. . . jibes with the following section of the AFP modernization law is interesting. Will this statement -- which thus far has been retained in the proposed draft federal constitution -- is worth of attention.

The AFP Modernization Trust Fund is not actually limited to the National Budget, a.k.a. the General Appropriations Act. Note the sections about "surplus" and "donations".

[REPUBLIC ACT NO. 10349]

AN ACT AMENDING REPUBLIC ACT NO. 7898, ESTABLISHING THE REVISED AFP MODERNIZATION PROGRAM AND FOR OTHER PURPOSES

< Edited >

“SEC. 11. The Revised AFP Modernization Act Trust Fund. – There is hereby created a trust fund, to be known as the Revised AFP Modernization Act Trust Fund. Said trust fund, which shall be used exclusively for the AFP modernization program, including all necessary expenses to implement the procurement of equipment such as expenses for pre-selection and post-qualification stages, but not to include salaries and allowances, shall be funded out of the following:

“(a) Appropriations for the Revised AFP Modernization Program;

“(b) The proceeds from the sale of military reservations, as may be authorized by Congress, pursuant to the provisions of existing laws and regulations governing sales of government properties, including such immovable and other facilities as may be found therein, not otherwise covered by the Bases Conversion and Development Authority, as provided for in Republic Act No. 7227, as amended;

“(c) The proceeds from the lease or joint development of military reservations, as may be authorized by the President, pursuant to the provisions of existing laws and regulations governing lease or joint development of government properties, including such immovables and other facilities as may be found therein, not specifically enumerated under Republic Act No. 7227, as amended;

“(d) Shares of the AFP from the proceeds of the sale of military camps provided for under Republic Act No. 7227, as amended, and at least fifty percent (50%) of the proceeds, net of direct expenses authorized to be deducted from such proceeds from the lease and/or joint venture agreements and such other dispositions pertaining to the same camps in accordance with applicable and/or existing orders, rules, regulations and issuances.

“The DND or the AFP may assign to the Bases Conversion and Development Authority or designate it as disposition entity for the sale, lease or joint development of military reservations or portions thereof or facilities and immovables located therein not otherwise covered under Republic Act No. 7227, as amended, subject to the parameters set by the DND or the AFP and applicable laws, rules, regulations and other related issuances;

“(e) The proceeds derived from public-private partnerships entered into by the DND or the AFP, as may be authorized by the President, pursuant to the provisions of existing laws and regulations;

“(f) Proceeds from the sale of the products of the Government Arsenal and/or, in case of joint venture, all incomes earned from the equity share of the Government Arsenal from the joint venture;

“(g) The proceeds from the disposal of excess and/or uneconomically repairable equipment and other movable assets of the AFP and the Government Arsenal;

“(h) Funds from budgetary surplus, if any, as may be authorized by Congress subject to the provisions of Section 8 of this Act;

“(i) Donations coming from local and foreign sources, specifically earmarked to be used for the Revised AFP Modernization Program; and

“(j) All interest income of the trust fund.


There is inherent flexibility is funding sources. A constitutional revision is NOT a precondition to growing the budget.

The revised modernization law's stipulation that funds from "donations" can be added to the AFP Modernization Trust fund arguably lays the ground work for re-opening access to politically sensitive options such as General Fund 151, which became controversial in the final days of the Aquino administration as it had been flagged as a "pork barrel" fund.

Another EO?

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.

With the Alegria Oil field now added to Malampaya as a source of revenue . . . a replacement / update of the EO 848 could very well accelerate modernization projects.



Government Arsenal is also a potential source of revenue.

Provided a proper SRDP roadmap is put in place, GA plans over the past years had always been to outsource part of ammo, and even arms production, to Philippine arms and ammo manufacture. The GA, as I understand it, would be responsible for:

- Defining success criteria (e.g., quality control)

- Producing minimally viable materiel production (to keep per-unit costs down), and outsource production beyond this demand to other manfacturers (e.g., Armscor, etc.). This would create an public-private weapons production infrastructure that prepares the country for conflict, and sets up all parties concerned to success (minus the greed / bragging rights motivation).

Production in excess of the AFP's needs could be sold on the open market, and funds could be added to the AFP Modernization Trust Fund.

https://www.facebook.com/government.arsenal/photos/a.183307281780530.37339.121128537998405/1155304604580788/?type=3&theater


« Last Edit: February 12, 2019, 12:23:34 AM by adroth »