Former Sen. Panfilo “Ping” Lacson on March 10, 2022. George Calvelo, ABS-CBN News/File 

MANILA — Lawmakers' distribution of Tulong Panghanapbuhay sa Ating Disadvantaged/Displaced Workers, Assistance to Individuals in Crisis Situations, and other forms of government aid is "unconstitutional" and "illegal," former Sen. Panfilo Lacson said Sunday.

A lawmakers' main obligation on government aid, Lacson stressed, is to scrutinize the yearly National Expenditure Program of the government, which also carries its budgetary requirements for the given year.

This is followed by Congress' responsibility to legislate the national budget and authorize the government to utilize the fund, he said.

Attending public events to supposedly spearhead the distribution of government aid like TUPAD, AICS and other forms of government aid is not part of the job, he said.

Medical aid not used as incentives to sign people’s initiative for cha-cha: DOH

“Hindi lang sa 'di obligasyon ng congressmen at senator mag-distribute ng TUPAD, AICS at kung anu-ano pa. Illegal yan, bawal 'yan. Kasi ang papel ng Kongreso sa budget process, ang budget authorization, pag-legislate. Hindi pwede mag-implement,” Lacson told Teleradyo Serbisyo, Sunday.

(It isn't just that it is not the congressmen' or senators' obligation to distribute the aid, it is illegal. Congress' jobs in the budget process is to authorize it, to legislate it. It is not implementation.)

The Supreme Court in 2013 ruled that post-enactment allocation of funds, like through the since-scrapped Priority Development Assistance Fund, was unconstitutional.

“Dahil ang mga kongresista at senador na nag-identify ng proyekto post-legislation, naka-legislate na, meron silang nakalagap na pork barrel tapos i-identify nila anong kalsada ipagagawa, ano pagkakagastusan ng kanya-kanyang allocation na galing sa national budget, pinagbabawal 'yan. So unconstitutional and illegal,” said Lacson, a former chief of the Philippine National Police.

Agencies, including the Department of Social Welfare and Development, Department of Health and Department of Labor and Employment, have stood firm that aid beneficiaries go through a selection process based on set criteria.

'But who will complain?'

Lacson acknowledged that while prohibited, the problem is in people being brave enough to file complaints.

Another problem, he said, is that many people misconstrue the politicians leading the aid distribution as a favor being given to them.

“Hindi nila alam ang pinamimigay sa kanila, pera rin nila yan o perang dapat sa kanila talaga mapunta rin. Tinatanaw nila ng utang ng loob at itong mga pulitiko siyempre nakikipag-compete sa namimigay," he said.

(They don't know that what they are getting is from their taxes, or is really meant for them. They see that as a debt of gratitude, that's why politicians compete to be the one to distribute the aid.)

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Budget woes, aid issues

Known for his intense scrutiny of the yearly proposed budget when he was still a senator, Lacson also expressed his belief that there are many questionable entries in the P5.768-trillion 2024 national budget.

The Ayuda para sa Kapos ang Kita Program (AKAP), which carries a P26.7 billion budget this year is just one of them, the former senator said.

For Lacson, the AKAP issue and other controversies hounding the 2024 national budget stem from the bicameral conference committee meeting, which lacks transparency.

The meetings are held behind closed doors and minutes of that meeting are not kept.

“Walang illegal sa pagsulpot bigla ng isang item sa bicameral conference committee, wala namang rules o batas na nagsasabing bawal 'yan. Ang masama, ang trust," he said.

(There is nothing illegal about an item suddenly appearing at the bicameral conference committee. There is no rule or law prohibiting it. But what it affects is trust.)

He said the AKAP allocation seems to have been snuck in, although House leaders said that senators were aware of the allocation.

On Teleradyo Serbisyo on Sunday, Rep. Stella Quimbo -- the senior vice chairperson of the House Appropriations Committee -- explained the beneficiaries of the AKAP allocation while stressing that no funds have been released.

"Amendment po siya during the bicam, which is allowed naman. Ito pong amendment na 'to is for a new program ... Subsidiya siya para sa near poor," she explained.

"Ang target niya would be the near poor. Technically, formally, hindi siya poor. However, nakakalamang lang siya ng kaunti sa mahirap, pero vulnerable pa rin siya," she added.

Quimbo clarified that no funds from the AKAP allocation has been released as the DSWD has yet to issue its guidelines. 

"Wala pa naman nare-release kasi very specific naman sa special provisions ng GAA na hindi mare-release ang funds hangga't mag-release ang DSWD ng guidelines at hanggang sa ngayon hindi pa magre-release ang DWSD ng guideline," she said. 

"Klaruhin po natin, wala pa po talaga."

Aid for signatures?

Lacson said he had received information from some mayors, who had approached him for advice, that they have been compelled to gather signatures for the People's Initiative campaign to amend the 1987 Constitution.

He also claimed, although he said he could not say if it was true, that some mayors told him that some aid beneficiaries received only P1,000 of what P10,000 allocated as aid.

“Hindi siguro ito pangkalahatan, pero sa nakausap naming local officials may nangyayaring talagang ganoon," he said.

(I don't think this is happening everywhere, but the local officials we talked to told us that that really happens.)

Lacson insisted that aid programs designed for the underprivileged must only be distributed by appropriate government agencies.