THE House Committee on Appropriations yesterday rejected the inclusion of the Executive department’s P18.3-billion budget for unfilled positions in the special provision that would restore the P4.971-billion fund for the unfilled positions in the judiciary, Congress and other constitutional offices.

Administration critics have expressed concern Malacañang would use the P18.3 billion as its own pork barrel and realign the allocation for purposes other than filling vacant positions in the Executive department.

Cavite Rep. Joseph Emilio Aguinaldo Abaya Jr., chairman  of the panel, batted for the status quo on the Executive branch’s fund two days before the House of Representatives was to vote on the 2012 P1.816-trillion General Appropriations Bill (GAB) on third and final reading either tomorrow or Wednesday. Congress goes on Halloween recess this week.

Abaya, head of the small committee finalizing the version of next year’s national budget, stressed there is no need to include the Executive department’s budget for unfilled positions in the P101-billion Miscellaneous Personnel Benefit Funds (MPBF) because Malacañang through the Department of Budget and Management has been strictly exercising transparency.

“There is no need for the special provision because it was retained in the MPBF. Any realignment in the agency funds for unfilled positions needs the approval of the DBM. Reversion to treasury is a strictly followed policy in the Executive same with reporting. The Executive agencies don't enjoy fiscal autonomy thus no need for said special provision,” said Abaya in an interview when asked about the proposal of House Minority Leader and Albay Rep. Edcel Lagman to include in his proposed special provision the budget for unfilled positions of the Executive department.

“We’re voting on third and final reading either Tuesday or Wednesday. We’re bringing back unfilled position funds for the Judiciary, Congress and the constitutional commissions while leaving those for the Executive still under MPBF. There will be a special provision for the judiciary, Congress and the constitutional commissions,” said Abaya.

Abaya maintained that ”funds shall be exclusively used for the filling of unfilled positions. Unused funds at the end of the year shall be reverted to the national treasury. The said agencies shall render quarterly reports to Office of the President, Senate and the House of Representatives as regards to the utilization of said funds.”

“Ideas coming from Lagman were considered in crafting of the final provision. At least it is clear in the mind of the minority leader that the end goal of the President is transparency in the use of funds and not additional pork barrel,” said Abaya.

Earlier, Lagman asked Abaya to also include the Executive department’s funds in the special provision barring the use of MPBF other than for unfilled positions.

“But what is lacking is that the same special provisions were not imposed on the Executive. I think that should also be covered because the Executive has the lion’s share of the unfilled positions. Kakaunti lamang ang napupunta sa judiciary, Congress and constitutional bodies, the bulk is in the Executive, and if you don’t impose the same special provision, the Executive can realign the amount to other expenditure items,” Lagman told reporters.

“That’s why I am asking the select committee to impose that same special provision on the Executive, pantay-pantay tayong lahat,” Lagman added.

Based on the proposed budget next year, the aggregate MPBF for the judiciary, Congress, Civil Service Commission, Commission on Audit, Commission on Elections, and Office of the Ombudsman is only P4.971-billion out of the P23 billion for unfilled positions under the P101-billion MPBF.