TWO party-list lawmakers have filed a measure allowing the government to use the Malampaya funds for the energy-related expenses of the Armed Forces.
In House Bill 5481, Party-list Reps. Gary C. Alejano and Francisco Ashley L. Acedillo of Magdalo said the “existing law, Presidential Decree 910, is silent with regards to the provisions of military support for energy-related projects to guarantee the security of critical infrastructures in the Malampaya gas platform and other energy-related projects.”
The measure seeks to amend Section 8 of Presidential Decree 910. It also seeks to ensure the continued viability of the country’s energy program by including guidelines for the use of the special fund to include the financing of energy-related expenses of the AFP, such as, but not limited to, provisions for operational support, capacity-building, acquisition of vessels, machinery and material, bases and support system development and technology development, for the security and protection of the Malampaya gas and oil fields, and other energy projects.
The lawmakers said the Malampaya gas and oil field, near disputed waters off Palawan, remains secured because of the efforts of the AFP, particularly, the Navy, which constantly patrol the area with ships coming from the Naval Forces West (NavForWest) operating at Oyster Bay, Palawan, the country’s first line of defense in the disputed waters in the West Philippine Sea.
“It is now up to Congress to introduce the necessary guidelines in the law to authorize the use of the special Malampaya fund [SMF] to finance the security-related expenses of the AFP,” they said.
The SMF was created to provide funds to finance energy-related projects and for other purposes that may be decided by the president.
The said fund consists of royalties collected from operations of the Malampaya gas and oil fields in the waters off Palawan province.
However, the lawmakers said such huge presidential latitude became a blanket approval for the past administration to abuse said power, saying the fund was allegedly drained to accommodate bogus projects of the non-governmental organizations (NGOs) of Janet-Lim Napoles in collusion with government officials.
Earlier, the Commission on Audit said at least 12 NGOs linked to alleged pork-barrel scam mastermind Napoles have benefited P900 million from the government’s royalties from the Malampaya natural-gas project.
That’s why the existing law was partially junked by the Supreme Court, as it struck as illegal the discretionary power of the president in utilizing said fund, the party-list solons added.
Prior to the High Court’s decision, the lawmakers said President Aquino was able to approve the release of necessary funding to the AFP in order to expand and fortify the defenses for natural-gas exploration in northern Palawan.
“With the subsequent decision of the Supreme Court, the President could no longer appropriate funding from the special fund for the AFP’s energy-related projects, like securing the gas platform in off Palawan,” they said.