PUBLIC Attorney’s Office chief Persida Rueda-Acosta has every reason to celebrate as President Rodrigo Duterte vetoed the special provision in the 2021 national budget bill seeking to effectively stop the operations of the forensic laboratory of the Public Attorney’s Office by stripping funds for that purpose.
Duterte classified the 2021 General Appropriations special provision on the PAO forensic laboratory division as an “inappropriate provision,” saying that it does not relate to particular appropriations in the budget.
“The doctrine of ‘inappropriate provision enunciates, among others, that ‘when the legislature inserts inappropriate provisions in a general appropriation bill, such provisions must be treated as ‘items’ for purposes of the [Governor’s] item veto power over general appropriation bills,” he said.
He added, the same doctrine provides that the legislature cannot exercise its power to restrict the budget bill with “veto-proof logrolling measures,” or special interest provisions that otherwise would not succeed if enacted separately, citing a 1994 ruling of the Supreme Court.
Senate Minority Leader Franklin Drilon had admitted to inserting the special provision in the Senate’s version of the 2021 budget bill, saying that PAO should instead use its funds to hire more lawyers to assist indigent Filipinos instead of operating a forensic laboratory division.
He also argued that operating the lab is a “duplication of the functions” of the Philippine National Police and the National Bureau of Investigation, law enforcement agencies that are authorized to conduct forensic examinations.
Acosta earlier maintained that the operation of the PAO forensic laboratory is not a “duplication” of the PNP and the NBI, adding that inserting such provision in the budget bill is illegal as it is a violation of due process [of] laws to terminate regular workers in the government without just cause.
Apart from the said special provision, Duterte also vetoed a provision in the 2021 GAA requiring the submission of intelligence fund use reports to Congress, saying he is duty-bound to protect national security.