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EN BANC
DECISION
l~EllLAS-BERNABE, J.:
rhe Case
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On sick leave.
1
Auuc:x "A", l'.;tition, rullo, pp. 30-36.
Decision 2 G.R. No. 195770
P21 Billion budget allocation for the Conditional Cash Transfer Program
(CCTP) headed by the Department of Social Welfare & Development
(DSWD). Petitioners seek to enjoin respondents Executive Secretary
Paquito N. Ochoa and DSWD Secretary Corazon Juliano-Soliman from
implementing the said program on the ground that it amounts to a
recentralization of government functions that have already been devolved
from the national government to the local government units.
The Facts
On July 16, 2008, the DSWD issued Administrative Order No. 16,
series of 2008 (A.O. No. 16, s. 2008),5 setting the implementing guidelines
for the project renamed Pantawid Pamilyang Pilipino Program (4Ps),
upon the following stated objectives, to wit:
2
Annex 4, Comment, rollo, p. 107.
3
Id. at 108.
4
Annexes 5and 6, Comment, pp. 114 and 115.
5
Annex B, Petition, rollo, pp. 37-51.
Decision 3 G.R. No. 195770
6
Item 3, Goal and Objectives, A.O. No. 16, s. 2008, rollo, p. 39.
7
Id.
8
Item 4, Implementing Procedures, id. at 41.
9
Id. at 44.
Decision 4 G.R. No. 195770
10
Id. at 43.
11
Item V, Institutional Arrangements, id. at 50.
12
Annex C, Petition, rollo, pp. 52-54.
Decision 5 G.R. No. 195770
Congress, for its part, sought to ensure the success of the CCTP by
providing it with funding under the GAA of 2008 in the amount of Two
Hundred Ninety-Eight Million Five Hundred Fifty Thousand Pesos
(P298,550,000.00). This budget allocation increased tremendously to P5
Billion Pesos in 2009, with the amount doubling to P10 Billion Pesos in
2010. But the biggest allotment given to the CCTP was in the GAA of 2011
at Twenty One Billion One Hundred Ninety-Four Million One Hundred
Seventeen Thousand Pesos (P21,194,117,000.00).13
The Issue
13
Annex A, id. at 30-36.
Decision 6 G.R. No. 195770
Petitioners assert that giving the DSWD full control over the
identification of beneficiaries and the manner by which services are to be
delivered or conditionalities are to be complied with, instead of allocating
the P21 Billion CCTP Budget directly to the LGUs that would have
enhanced its delivery of basic services, results in the recentralization of
basic government functions, which is contrary to the precepts of local
autonomy and the avowed policy of decentralization.
Our Ruling
xxx
14
Section 25, Article II, 1987 Philippine Constitution.
15
Article X, id.
Decision 7 G.R. No. 195770
16
Section 2, The Local Government Code of 1991.
Decision 8 G.R. No. 195770
17
G.R. Nos. 93252 and 95245, August 5, 1991, 200 SCRA 271.
18
Id. at 281.
19
Id. at 286.
20
G.R. No. 132988, July 19, 2000, 336 SCRA 201, 217.
Decision 9 G.R. No. 195770
SO ORDERED.
22
Id. at 794-795.
23
Lm.:son v. xecutil'e Secretary, G.R. No. 128096, January 20, 1999, 30 I SCRA 298, 311.
Decision II G.R. No. 195770
WE CONCUR:
ANTONIO T. CAll PI )
Senior Associate Justice
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fRESBJT~R J. ELASCO, .JU. TERESITA .J. LEONARDO-DE CASTRO
As ociate Justice Associate Justice
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Atnurw o. aCwN
Associate Justice
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MAIUANO C. DEL CASTILLO
Associate Justice
~
ROBI~RTO A. ABAD
Associate Justice
.JOS
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MARIA LOURDES t>. A. SERENO
Associate Justice Associate Justice
Decision 12 G.R. No. 195770
CERTIFICATION
I certify that the conclusions in the above Decision had been reached
in consultation before the case was assigned to the writer of the opinion of
the Court.