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Philippines
Monday, June 17, 2024

Checks and balance

"We at the House were firm because we believe that a definitive response is what our people deserve."

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Last week, the House of Representatives adopted House Resolution No. 2365, which I filed. This urges the President to reconsider the appointment of Secretary Benjamin Diokno to the Department of Budget and Management. This is in line with the unresolved issues raised during the question hour and the admission of Secretary Diokno on the ultra vires insertions by the DBM to the 2019 General Appropriations Bill.

As Minority Leader, I want to make it clear that the House does not intend to antagonize or offend any member of the Executive. Last week’s question hour was a difficult and tense exchange, admittedly. We were firm because we believe that a definitive response is what our people deserve.

The House of Representatives has been active in its oversight function. Recently, the Committee on Public Accounts was created to investigate matters directly and principally relating to the examination and scrutiny of audit reports on the performance of all government agencies to determine their adherence to or compliance with the plans and programs authorized through appropriations approved by the Legislature. With the numerous allegations and cases of graft and corruption, Congress aims to shed light into these issues and at the same time, determine legislative measures which can help curb this long-standing problem, in line with this administration’s drive against corruption.

On the matter of the motor vehicle users’ charge, the Road Board does not control the funds, contrary to the allegations by the media. The Bureau of Treasury deposits the funds it receives from the LTO to four (4) special trust accounts which correspond to the specific purposes of the MVUC funds as mandated by law (RA 8794) and in the proportion provided for by law: 80 percent for national road maintenance, 5 percent for local road maintenance, 7.5 percent for road safety, and 7.5 percent for vehicle pollution control. 

The DBM, considering budget priorities, determines how much of the funds can be used in a year by setting an annual expenditure level. The DBM includes in the special provisions in the annual GAA allocation of the implementing agencies the corresponding portions of the MVUC funds which they can use for approved MVUC funded projects­—92.75 percent to the DPWH which is in charge of national and local road maintenance as well as road safety projects, and 7.25 percent to the DOTr which is in charge of vehicle pollution projects.

The power of the Road Board is limited to authorizing the use of funds for eligible projects evaluated and endorsed by the implementing agencies, and to the monitoring of project status, funding status and periodic report preparations. It cannot propose or undertake projects on its own. Without verified and compliant requests, the Board does not act or authorize any use of funds.

The responsibility over the management of the funds is a shared accountability of the DPWH, DOTr, DOF, DBM and transport representatives who constitute the leadership and membership of the Road Board. If there are corrupt activities, the most vulnerable to corruption are processes under the stewardship of implementing agencies.

The DOJ rendered an opinion affirming that the Road Board should be under the Office of the President as mandated by the Administrative Code. Under the Code, all agencies created by law without any specific department to which they are attached are, by law, under the Office of the President. RA 8794 does not attach the Road Board to any department.

I believe in the purpose and usefulness of the Road Board and the MVUC in the maintenance of road safety and improvement of road conditions. The Road Board has clearly limited authority on the funds. The entire procurement processes are in the hands of the implementing agencies. Hence, these allegations of corruption are baseless. In turn, as part of the constitutional duty of conducting checks and balances among government agencies, the House of Representatives will act as a check on the powers of the executive in the use of the MVUC funds.

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